Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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# 28 U.S.C. § 451 - Definitions
## Text
As used in this title: The term “court of the United States” includes the Supreme Court of the United States, courts of appeals, district courts constituted by chapter 5 of this title, including the Court of International Trade and any court created by Act of Congress the judges of which are entitled to hold office during good behavior. The terms “district court” and “district court of the United States” mean the courts constituted by chapter 5 of this title. The term “judge of the United States” includes judges of the courts of appeals, district courts, Court of International Trade and any court created by Act of Congress, the judges of which are entitled to hold office during good behavior. The term “justice of the United States” includes the Chief Justice of the United States and the associate justices of the Supreme Court. The terms “district” and “judicial district” means the districts enumerated in Chapter 5 of this title. The term “department” means one of the executive departments enumerated in section 1 of Title 5, unless the context shows that such term was intended to describe the executive, legislative, or judicial branches of the government. The term “agency” includes any department, independent establishment, commission, administration, authority, board or bureau of the United States or any corporation in which the United States has a proprietary interest, unless the context shows that such term was intended to be used in a more limited sense.
(June 25, 1948, ch. 646, 62 Stat. 907; Pub. L. 863, § 10, Mar. 18, 1959, 73 Stat. 9; Pub. L. 89571, § 3, Sept. 12, 1966, 80 Stat. 764; Pub. L. 95598, title II, § 213, Nov. 6, 1978, 92 Stat. 2661; Pub. L. 96417, title V, § 501(10), Oct. 10, 1980, 94 Stat. 1742; Pub. L. 97164, title I, § 114, Apr. 2, 1982, 96 Stat. 29.)
## Notes
Historical and Revisions NotesThis section was inserted to make possible a greater simplification in consolidation of the provisions incorporated in this title. The definitions of agency and department conform with such definitions in section 6 of revised title 18, U.S.C. (H.R. 3190, 80th Cong.).
Senate Revision AmendmentThose provisions of this section which related to the Tax Court were eliminated by Senate amendment. See 80th Congress Senate Report No. 1559.
Editorial Notes
References in TextSection 1 of Title 5, referred to in text, is section 1 of former Title 5, Executive Departments and Government Officers and Employees, the provisions of which are covered by section 101 of Title 5, Government Organization and Employees.
Amendments1982—Pub. L. 97164 struck out references to the Court of Claims and to the Court of Customs and Patent Appeals in the definitions of “court of the United States” and “judge of the United States”. 1980—Pub. L. 96417 redesignated the Customs Court as the Court of International Trade. 1978—Pub. L. 95598 directed the amendment of section by inserting references to bankruptcy courts and bankruptcy judges, which amendment did not become effective pursuant to section 402(b) of Pub. L. 95598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. 1966—Pub. L. 89571 removed the United States District Court for the District of Puerto Rico from the definition of “court of the United States”. 1959—Pub. L. 863 substituted “including the United States District for the District of Puerto Rico” for “including the district courts of the United States for the districts of Hawaii and Puerto Rico” in provisions defining “court of the United States”.
Editorial Notes
Effective Date of 1982 AmendmentAmendment by Pub. L. 97164 effective Oct. 1, 1982, see section 402 of Pub. L. 97164, set out as a note under section 171 of this title.
Effective Date of 1980 AmendmentAmendment by Pub. L. 96417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96417, set out as a note under section 251 of this title.
Effective Date of 1959 AmendmentPub. L. 863, § 10, Mar. 18, 1959, 73 Stat. 9, provided that the amendment made by section 10 of Pub. L. 863 shall be effective on admission of the State of Hawaii into the Union. Admission of Hawaii into the Union was accomplished Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 25 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of Pub. L. 863, Mar. 18, 1959, 73 Stat. 4, set out as notes preceding 491 of Title 48, Territories and Insular Possessions. “Circuit Court of Appeals;” “Senior Circuit Judge,” Etc. Defined Act June 25, 1948, ch. 646, § 32, 62 Stat. 991, as amended by act May 24, 1949, ch. 139, § 127, 63 Stat. 107, provided that: “(a) All laws of the United States in force on September 1, 1948, in which reference is made to a circuit court of appeals; senior circuit judge; senior district judge; presiding judge; chief justice, except when reference to the Chief Justice of the United States is intended; or justice, except when used with respect to a justice of the Supreme Court of the United States in his capacity as such or as a circuit justice, are hereby amended by substituting court of appeals for circuit court of appeals; chief judge of the circuit for senior circuit judge; chief judge of the district court for senior district judge; chief judge for presiding judge; chief judge for chief justice, except when reference to the Chief Justice of the United States is intended; and judge for justice, except when the latter term is used with respect to a justice of the Supreme Court of the United States in his capacity as such or as a circuit justice. “(b) All laws of the United States in force on September 1, 1948, in which reference is made to the Supreme Court of the District of Columbia or to the District Court of the United States for the District of Columbia are amended by substituting United States District Court for the District of Columbia for such designations. “(c) All laws of the United States in force on September 1, 1948, in which reference is made to the Conference of Senior Circuit Judges, or to the Judicial Conference of Senior Circuit Judges are amended by substituting Judicial Conference of the United States for such designations. “(d) This section shall not be construed to amend historical references to courts or judicial offices which have no present or future application to such courts or offices.”
Judges of the United StatesAct June 25, 1948, ch. 646, § 2(a), 62 Stat. 985, as amended by act Sept. 3, 1954, ch. 1263, § 51(a), 68 Stat. 1245, provided that: “The Chief Justices of the United States Court of Appeals for the District of Columbia, the District Court of the United States for the District of Columbia, and the Court of Claims [now United States Court of Federal Claims], and the presiding judge of the Court of Customs and Patent Appeals [now United States Court of Appeals for the Federal Circuit], in office on the effective date of this Act shall be the chief judges of their respective courts. The Chief Justice of the United States Court of Appeals for the District of Columbia and the Associate Justices thereof, the Chief Justice of the District Court of the United States for the District of Columbia (formerly named the Supreme Court of the District of Columbia) and the Associate Justices thereof, the Chief Justice of the Court of Claims [now United States Court of Federal Claims], and the presiding judge of the Court of Customs and Patent Appeals [now United States Court of Appeals for the Federal Circuit], in office on the effective date of this Act, shall be judges of the United States within the meaning of Section 451 of Title 28, Judiciary and Judicial Procedure, of the United States Code, set out in Section 1 of this Act. The Chief Justice of the United States Court of Appeals for the District of Columbia and the Associate Justices thereof, in office on the effective date of this Act, shall be circuit judges of the District of Columbia Circuit and vested with all the rights, powers, and duties thereof, and the said Chief Justice of the United States Court of Appeals for the District of Columbia shall be Chief Judge of said Circuit. The Chief Justice of the District Court of the United States for the District of Columbia (formerly named the Supreme Court of the District of Columbia) and the Associate Justices thereof, in office on the effective date of this Act, shall be district judges for the District of Columbia and vested with all the rights, powers, and duties thereof.” Act Sept. 3, 1954, ch. 1263, § 51(b), 68 Stat. 1246, provided that this amendment should take effect as of Sept. 1, 1948.
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# 28 U.S.C. § 452 - Courts always open; powers unrestricted by expiration of sessions
## Text
All courts of the United States shall be deemed always open for the purpose of filing proper papers, issuing and returning process, and making motions and orders. The continued existence or expiration of a session of a court in no way affects the power of the court to do any act or take any proceeding.
(June 25, 1948, ch. 646, 62 Stat. 907; Pub. L. 88139, § 2, Oct. 16, 1963, 77 Stat. 248.)
## Notes
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., §§ 13 and 302 (Mar. 3, 1911, ch. 231, §§ 9, 189, 36 Stat. 1088, 1143; Mar. 2, 1929, ch. 488, § 1, 45 Stat. 1475). Sections 13 and 302 of title 28, U.S.C., 1940 ed., related only to district courts and the Court of Customs and Patent Appeals, and this section has been written to cover all other courts of the United States. Other provisions of said section 302 of title 28, U.S.C., 1940 ed., are incorporated in sections 214, 456, and 604 of this title. The phrase “always open” means “never closed” and signifies the time when a court can exercise its functions. With respect to matters enumerated by statute or rule as to which the court is “always open,” there is no time when the court is without power to act. (Ex parte Branch, 63 Ala. 383, 387.) Section 13 of title 28, U.S.C., 1940 ed., provided that “The district courts, as courts of admiralty and as courts of equity, shall be deemed always open * * *” for enumerated purposes, and that the judge “at chambers or in the clerks office, and in vacation as well as in term,” may make orders and issue process. The revised section omits all reference to the nature of the action or proceeding and enumeration of the acts which may be performed by the court. This is in accord with Rules 45(c) and 56 of the new Federal Rules of Criminal Procedure which contain similar provisions with respect to criminal procedure both in the courts of appeals and in the district courts. Rules 6(c) and 77(a) of the Federal Rules of Civil Procedure contain provisions similar to the second and first paragraphs, respectively, of this section with respect to civil actions in district courts.
Editorial Notes
Amendments1963—Pub. L. 88139 substituted “expiration of sessions” for “terms” in section catchline, and “session” for “term” in text.
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# 28 U.S.C. § 453 - Oaths of justices and judges
## Text
Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office: “I, ___ ___, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ___ under the Constitution and laws of the United States. So help me God.”
(June 25, 1948, ch. 646, 62 Stat. 907; Pub. L. 101650, title IV, § 404, Dec. 1, 1990, 104 Stat. 5124.)
## Notes
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., §§ 241, 372, and District of Columbia Code, 1940 ed., §§ 11203, 11303 (R.S.D.C., § 752, 18 Stat. pt. II, 90; Feb. 9, 1893, ch. 74, § 3, 27 Stat. 435; Mar. 3, 1901, ch. 854, § 223, 31 Stat. 1224; Mar. 3, 1911, ch. 231, §§ 136, 137, 257, 36 Stat. 1135, 1161; Feb. 25, 1919, ch. 29, § 4, 40 Stat. 1157). This section consolidates sections 11203 and 11303 of District of Columbia Code, 1940 ed., and section 372 of title 28, U.S.C., 1940 ed., with that portion of section 241 of said title 28 providing that judges of the Court of Claims shall take an oath of office. The remainder of said section 241 comprises sections 171 and 173 of this title. The phrase “justice or judge of the United States” was substituted for “justices of the Supreme Court, the circuit judges, and the district judges” appearing in said section 372, in order to extend the provisions of this section to judges of the Court of Claims, Customs Court, and Court of Customs and Patent Appeals and to all judges of any court which may be created by enactment of Congress. See definition in section 451 of this title. The Attorney General has ruled that the expression “any judge of any court of the United States” applied to the Chief Justice and all judges of the Court of Claims. (21 Op. Atty. Gen. 449.)
Editorial Notes
Amendments1990—Pub. L. 101650 substituted “under the Constitution” for “according to the best of my abilities and understanding, agreeably to the Constitution”.
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentAmendment by Pub. L. 101650 effective 90 days after Dec. 1, 1990, see section 407 of Pub. L. 101650, set out as a note under section 332 of this title.
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# 28 U.S.C. § 454 - Practice of law by justices and judges
## Text
Any justice or judge appointed under the authority of the United States who engages in the practice of law is guilty of a high misdemeanor.
(June 25, 1948, ch. 646, 62 Stat. 908.)
## Notes
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., § 373 (Mar. 3, 1911, ch. 231, § 258, 36 Stat. 1161). Changes in phraseology were made.
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# 28 U.S.C. § 455 - Disqualification of justice, judge, or magistrate judge
## Text
(a) Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.
(b) He shall also disqualify himself in the following circumstances:
(1) Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding;
(2) Where in private practice he served as lawyer in the matter in controversy, or a lawyer with whom he previously practiced law served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it;
(3) Where he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy;
(4) He knows that he, individually or as a fiduciary, or his spouse or minor child residing in his household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding;
(5) He or his spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person:
(i) Is a party to the proceeding, or an officer, director, or trustee of a party;
(ii) Is acting as a lawyer in the proceeding;
(iii) Is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding;
(iv) Is to the judges knowledge likely to be a material witness in the proceeding.
(c) A judge should inform himself about his personal and fiduciary financial interests, and make a reasonable effort to inform himself about the personal financial interests of his spouse and minor children residing in his household.
(d) For the purposes of this section the following words or phrases shall have the meaning indicated:
(1) “proceeding” includes pretrial, trial, appellate review, or other stages of litigation;
(2) the degree of relationship is calculated according to the civil law system;
(3) “fiduciary” includes such relationships as executor, administrator, trustee, and guardian;
(4) “financial interest” means ownership of a legal or equitable interest, however small, or a relationship as director, adviser, or other active participant in the affairs of a party, except that:
(i) Ownership in a mutual or common investment fund that holds securities is not a “financial interest” in such securities unless the judge participates in the management of the fund;
(ii) An office in an educational, religious, charitable, fraternal, or civic organization is not a “financial interest” in securities held by the organization;
(iii) The proprietary interest of a policyholder in a mutual insurance company, of a depositor in a mutual savings association, or a similar proprietary interest, is a “financial interest” in the organization only if the outcome of the proceeding could substantially affect the value of the interest;
(iv) Ownership of government securities is a “financial interest” in the issuer only if the outcome of the proceeding could substantially affect the value of the securities.
(e) No justice, judge, or magistrate judge shall accept from the parties to the proceeding a waiver of any ground for disqualification enumerated in subsection (b). Where the ground for disqualification arises only under subsection (a), waiver may be accepted provided it is preceded by a full disclosure on the record of the basis for disqualification.
(f) Notwithstanding the preceding provisions of this section, if any justice, judge, magistrate judge, or bankruptcy judge to whom a matter has been assigned would be disqualified, after substantial judicial time has been devoted to the matter, because of the appearance or discovery, after the matter was assigned to him or her, that he or she individually or as a fiduciary, or his or her spouse or minor child residing in his or her household, has a financial interest in a party (other than an interest that could be substantially affected by the outcome), disqualification is not required if the justice, judge, magistrate judge, bankruptcy judge, spouse or minor child, as the case may be, divests himself or herself of the interest that provides the grounds for the disqualification.
(June 25, 1948, ch. 646, 62 Stat. 908; Pub. L. 93512, § 1, Dec. 5, 1974, 88 Stat. 1609; Pub. L. 95598, title II, § 214(a), (b), Nov. 6, 1978, 92 Stat. 2661; Pub. L. 100702, title X, § 1007, Nov. 19, 1988, 102 Stat. 4667; Pub. L. 101650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
## Notes
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., § 24 (Mar. 3, 1911, ch. 231, § 20, 36 Stat. 1090). Section 24 of title 28, U.S.C., 1940 ed., applied only to district judges. The revised section is made applicable to all justices and judges of the United States. The phrase “in which he has a substantial interest” was substituted for “concerned in interest in any suit.” The provision of section 24 of title 28, U.S.C., 1940 ed., as to giving notice of disqualification to the “senior circuit judge,” and words “and thereupon such proceedings shall be had as are provided in sections 17 and 18 of this title,” were omitted as unnecessary and covered by section 291 et seq. of this title relating to designation and assignment of judges. Such provision is not made by statute in case of disqualification or incapacity, for other cause. See sections 140, 143, and 144 of this title. If a judge or clerk of court is remiss in failing to notify the chief judge of the district or circuit, the judicial council of the circuit has ample power under section 332 of this title to apply a remedy. Relationship to a partys attorney is included in the revised section as a basis of disqualification in conformity with the views of judges cognizant of the grave possibility of undesirable consequences resulting from a less inclusive rule. Changes were made in phraseology.
Editorial Notes
Amendments1988—Subsec. (f). Pub. L. 100702 added subsec. (f). 1978—Pub. L. 95598 struck out references to referees in bankruptcy in section catchline and in subsecs. (a) and (e). 1974—Pub. L. 93512 substituted “Disqualification of justice, judge, magistrate, or referee in bankruptcy” for “Interest of justice or judge” in section catchline, reorganized structure of provisions, and expanded applicability to include magistrates and referees in bankruptcy and grounds for which disqualification may be based, and inserted provisions relating to waiver of disqualification.
Statutory Notes and Related Subsidiaries
Change of Name Words “magistrate judge” substituted for “magistrate” in section catchline and wherever appearing in subsecs. (a), (e), and (f) pursuant to section 321 of Pub. L. 101650, set out as a note under section 631 of this title.
Effective Date of 1978 AmendmentAmendment by Pub. L. 95598 effective Oct. 1, 1979, see section 402(c) of Pub. L. 95598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. For procedures relating to Bankruptcy matters during transition period see note preceding section 151 of this title.
Effective Date of 1974 AmendmentPub. L. 93512, § 3, Dec. 5, 1974, 88 Stat. 1610, provided that: “This Act [amending this section] shall not apply to the trial of any proceeding commenced prior to the date of this Act [Dec. 5, 1974], nor to appellate review of any proceeding which was fully submitted to the reviewing court prior to the date of this Act.”
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# 28 U.S.C. § 457 - Records; obsolete papers
## Text
The records of district courts and of courts of appeals shall be kept at one or more of the places where court is held. Such places shall be designated by the respective courts except when otherwise directed by the judicial council of the circuit. Papers of any court established by Act of Congress which have become obsolete and are no longer necessary or useful, may be disposed of with the approval of the court concerned in the manner provided by sections 366380 of Title 44 and in accordance with the rules of the Judicial Conference of the United States.
(June 25, 1948, ch. 646, 62 Stat. 908; Pub. L. 95598, title II, § 216, Nov. 6, 1978, 92 Stat. 2661.)
## Notes
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., §§ 10, 523a, 523b, (Mar. 3, 1911, ch. 231, § 6, 36 Stat. 1088; June 3, 1930, ch. 396, §§ 1, 2, 46 Stat. 496). Section consolidates and simplifies sections 10, 523a and 523b of title 28, U.S.C., 1940 ed., relating to filing district court records and destroying obsolete papers and bankruptcy proofs of claims. The revised section enlarges scope of section 10 of title 28, U.S.C., 1940 ed., to include places of keeping records of courts of appeals which was not covered by existing law. The provisions in section 10 of title 28, U.S.C., 1940 ed., that where court is held “at more than one place” and the place of keeping the records “is not specially provided by law, they shall be kept at either of the places” designated by the court, was changed to permit the judicial councils of the circuits to make the determination without requiring special enactment of Congress. See section 332 of this title as to purpose and duties of the judicial councils. The provision of section 523a of title 28, U.S.C., 1940 ed., authorizing destruction of records by the Attorney General was rewritten in the second paragraph to give such authority, respecting court records, to the Director of the Administrative Office of the United States Courts. Such Director, under section 604 of this title, now exercises administrative authority over clerks and commissioners. A similar provision with respect to records of United States attorneys and marshals was omitted as superseded by sections 366 and 380 of title 44, U.S.C., 1940 ed., Public Printing and Documents, which prescribe the exclusive method for disposition of such papers. Substantial changes were made in phraseology and arrangement.
Editorial Notes
References in TextSections 366380 of Title 44, referred to in text, were repealed and the provisions thereof reenacted as chapter 33 (§ 3301 et seq.) of Title 44, Public Printing and Documents, by Pub. L. 90620, Oct. 22, 1968, 82 Stat. 1238.
Amendments1978—Pub. L. 95598 directed the amendment of section by inserting “of bankruptcy courts,” after “The record”, which amendment did not become effective pursuant to section 402(b) of Pub. L. 95598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
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# 28 U.S.C. § 458 - Relative of justice or judge ineligible to appointment
## Text
(a) (1) No person shall be appointed to or employed in any office or duty in any court who is related by affinity or consanguinity within the degree of first cousin to any justice or judge of such court.
(2) With respect to the appointment of a judge of a court exercising judicial power under article III of the United States Constitution (other than the Supreme Court), subsection (b) shall apply in lieu of this subsection.
(b) (1) In this subsection, the term—
(A) “same court” means—
(i) in the case of a district court, the court of a single judicial district; and
(ii) in the case of a court of appeals, the court of appeals of a single circuit; and
(B) “member”—
(i) means an active judge or a judge retired in senior status under section 371(b); and
(ii) shall not include a retired judge, except as described under clause (i).
(2) No person may be appointed to the position of judge of a court exercising judicial power under article III of the United States Constitution (other than the Supreme Court) who is related by affinity or consanguinity within the degree of first cousin to any judge who is a member of the same court.
(June 25, 1948, ch. 646, 62 Stat. 908; Pub. L. 105300, § 1(a), Oct. 27, 1998, 112 Stat. 2836.)
## Notes
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., § 126 (Mar. 3, 1887, ch. 373, § 7, 24 Stat. 555; Aug. 13, 1888, ch. 866, § 7, 25 Stat. 437; Mar. 3, 1911, ch. 231, § 67, 36 Stat. 1105; Dec. 21, 1911, ch. 4, 37 Stat. 46). A provision referring to circuit court employees as of December 21, 1911, was omitted as obsolete. Changes in phraseology were made.
Editorial Notes
Amendments1998—Pub. L. 105300 designated existing provisions as subsec. (a)(1) and added subsecs. (a)(2) and (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentPub. L. 105300, § 1(b), Oct. 27, 1998, 112 Stat. 2837, provided that: “This Act [amending this section] shall take effect on the date of enactment of this Act [Oct. 27, 1998] and shall apply only to any individual whose nomination is submitted to the Senate on or after such date.”
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# 28 U.S.C. § 459 - Administration of oaths and acknowledgments
## Text
Each justice or judge of the United States may administer oaths and affirmations and take acknowledgments.
(June 25, 1948, ch. 646, 62 Stat. 908.)
## Notes
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., §§ 264, 385, section 1509 of title 19, U.S.C., 1940 ed., Customs Duties, and section 1114(a) of title 26, U.S.C., 1940 ed., Internal Revenue Code (Mar. 3, 1911, ch. 231, §§ 158, 268, 36 Stat. 1139, 1163; June 17, 1930, ch. 497, title IV, § 509, 46 Stat. 733; Feb. 10, 1939, ch. 2, § 1114(a), 53 Stat. 160; Oct. 21, 1942, ch. 619, title V, § 504(a), (c), 56 Stat. 957; Feb. 25, 1944, ch. 63, title V, § 503, 58 Stat. 72). Section consolidates provisions of sections 264 and 385 of title 28, U.S.C., 1940 ed., section 1509 of title 19, U.S.C., 1940 ed., and section 1114(a) of title 26, U.S.C., 1940 ed., relating to administration of oaths and acknowledgments by judges and courts. The provision of section 385 of title 28, U.S.C., 1940 ed., giving to “all courts of the United States” power to impose and administer all necessary oaths is the only part of such section in this title. The remainder is incorporated in section 401 of revised title 18, U.S.C. (H.R. 1600, 80th Cong.), Crimes and Criminal Procedure. Section 264 of title 28, U.S.C., 1940 ed., related only to the Court of Claims and provision of such section relating to clerks and deputies is incorporated in section 953 of this title. Section 1509 of title 19, U.S.C., 1940 ed., related only to the Customs Court. Section 1114(a) of title 26, U.S.C., 1940 ed., related only to The Tax Court. That portion of such section authorizing certain employees of The Tax Court to administer oaths and acknowledgments is incorporated in section 953 of this title. For distribution of other provisions thereof, see Distribution Table. The revised section clarifies what was apparently a statutory omission in that no provision was made with reference to the Court of Customs and Patent Appeals, the judges of which now will have the same power respecting administering oaths as judges of other courts.
Senate Revision AmendmentBy Senate amendment, all provisions relating to the Tax Court were eliminated, therefore, as finally enacted, section 1114(a) of Title 26, U.S.C., Internal Revenue Code, did not constitute part of the source of this section. However, no change in the text of this section was necessary. See 80th Congress Senate Report No. 1559.
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# 28 U.S.C. § 460 - Application to other courts
## Text
(a) Sections 452 through 459 and section 462 of this chapter shall also apply to the United States Court of Federal Claims, to each court created by Act of Congress in a territory which is invested with any jurisdiction of a district court of the United States, and to the judges thereof.
(b) The official duty station of each judge referred to in subsection (a) which is not otherwise established by law shall be that place where the court holds regular sessions at or near which the judge performs a substantial portion of his judicial work, which is nearest the place where he maintains his actual abode in which he customarily lives.
(June 25, 1948, ch. 646, 62 Stat. 908; Oct. 31, 1951, ch. 655, § 43(a), 65 Stat. 725; Pub. L. 85508, § 12(e), July 7, 1958, 72 Stat. 348; Pub. L. 95598, title II, § 217(a), Nov. 6, 1978, 92 Stat. 2661; Pub. L. 97164, title I, § 115(b)(1), Apr. 2, 1982, 96 Stat. 31; Pub. L. 102572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
## Notes
Historical and Revision NotesThis section was included to make clear that the provisions of this chapter are equally applicable in Alaska, the Canal Zone and the Virgin Islands in view of definitive section 451 of this title.
Editorial Notes
Amendments1992—Subsec. (a). Pub. L. 102572 substituted “United States Court of Federal Claims” for “United States Claims Court”. 1982—Pub. L. 97164 substituted “Application to other courts” for “Application to Canal Zone, Guam and Virgin Islands” in section catchline, designated existing provisions as subsec. (a), substituted “Sections 452 through 459 and section 462 of this chapter shall also apply to the United States Claims Court, to each court created by Act of Congress in a territory which is invested with any jurisdiction of a district court of the United States, and to the judges thereof” for “Sections 452459 of this chapter shall also apply to the United States District Court for the District of the Canal Zone, the District Court of Guam and the District Court of the Virgin Islands and the judges thereof”, and added subsec. (b). 1978—Pub. L. 95598 struck out “Alaska,” after “Application to” in section catchline. 1958—Pub. L. 85508 struck out provisions which made sections 452 to 459 applicable to the District Court for the Territory of Alaska. See section 81A of this title which establishes a United States District Court for the State of Alaska. 1951—Act Oct. 31, 1951, inserted “, Guam” in section catchline, and inserted reference to the District Court of Guam in text.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 AmendmentAmendment by Pub. L. 102572 effective Oct. 29, 1992, see section 911 of Pub. L. 102572, set out as a note under section 171 of this title.
Effective Date of 1982 AmendmentAmendment by Pub. L. 97164 effective Oct. 1, 1982, see section 402 of Pub. L. 97164, set out as a note under section 171 of this title.
Effective Date of 1978 AmendmentAmendment by Pub. L. 95598 effective Nov. 6, 1978, see section 402(d) of Pub. L. 95598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
Effective Date of 1958 AmendmentAmendment by Pub. L. 85508 effective Jan. 3, 1959, upon admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85508, see notes set out under section 81A of this title and preceding section 21 of Title 48, Territories and Insular Possessions.
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# 28 U.S.C. § 462 - Court accommodations
## Text
(a) Sessions of courts of the United States (except the Supreme Court) shall be held only at places where the Director of the Administrative Office of the United States Courts provides accommodations, or where suitable accommodations are furnished without cost to the judicial branch.
(b) The Director of the Administrative Office of the United States Courts shall provide accommodations, including chambers and courtrooms, only at places where regular sessions of court are authorized by law to be held, but only if the judicial council of the appropriate circuit has approved the accommodations as necessary.
(c) The limitations and restrictions contained in subsection (b) of this section shall not prevent the Director from furnishing chambers to circuit judges at places within the circuit other than where regular sessions of court are authorized by law to be held, when the judicial council of the circuit approves.
(d) The Director of the Administrative Office of the United States Courts shall provide permanent accommodations for the United States Court of Appeals for the Federal Circuit and for the United States Court of Federal Claims only at the District of Columbia. However, each such court may hold regular and special sessions at other places utilizing the accommodations which the Director provides to other courts.
(e) The Director of the Administrative Office of the United States Courts shall provide accommodations for probation officers, pretrial service officers, and Federal Public Defender Organizations at such places as may be approved by the judicial council of the appropriate circuit.
(f) Upon the request of the Director, the Administrator of General Services is authorized and directed to provide the accommodations the Director requests, and to close accommodations which the Director recommends for closure with the approval of the Judicial Conference of the United States.
(Added Pub. L. 97164, title I, § 115(c)(1), Apr. 2, 1982, 96 Stat. 31; amended Pub. L. 100702, title X, § 1015, Nov. 19, 1988, 102 Stat. 4669; Pub. L. 102572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
## Notes
Editorial Notes
Amendments1992—Subsec. (d). Pub. L. 102572 substituted “United States Court of Federal Claims” for “United States Claims Court”. 1988—Subsec. (c). Pub. L. 100702 substituted “within the circuit other than where regular sessions of court are authorized by law to be held,” for “where Federal facilities are available”.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 AmendmentAmendment by Pub. L. 102572 effective Oct. 29, 1992, see section 911 of Pub. L. 102572, set out as a note under section 171 of this title.
Effective DateSection effective Oct. 1, 1982, see section 402 of Pub. L. 97164, set out as an Effective Date of 1982 Amendment note under section 171 of this title.
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# 28 U.S.C. § 463 - Expenses of litigation
## Text
Whenever a Chief Justice, justice, judge, officer, or employee of any United States court is sued in his official capacity, or is otherwise required to defend acts taken or omissions made in his official capacity, and the services of an attorney for the Government are not reasonably available pursuant to chapter 31 of this title, the Director of the Administrative Office of the United States Courts may pay the costs of his defense. The Director shall prescribe regulations for such payments subject to the approval of the Judicial Conference of the United States.
(Added Pub. L. 97164, title I, § 116(a), Apr. 2, 1982, 96 Stat. 32.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 1982, see section 402 of Pub. L. 97164, set out as an Effective Date of 1982 Amendment note under section 171 of this title.