US (United States) Code. Title 28. Part I. Chapter 21: General provisions applicable to courts and judges

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Jusiciary and judicial procedure

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-CITE-

28 USC CHAPTER 21 - GENERAL PROVISIONS APPLICABLE TO

COURTS AND JUDGES 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 21 - GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES

-HEAD-

CHAPTER 21 - GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES

-MISC1-

Sec.

451. Definitions.

452. Courts always open; power unrestricted by expiration

of sessions.(!1)

453. Oath of justices and judges.(!1)

454. Practice of law by justices and judges.

455. Disqualification of justice, judge, or magistrate

judge.

456. Traveling expenses of justices and judges; official

duty stations.

457. Records; obsolete papers.

458. Relative of justice or judge ineligible to

appointment.

459. Administration of oaths and acknowledgments.

460. Application to other courts.

461. Adjustments in certain salaries.

462. Court accommodations.

463. Expenses of litigation.

AMENDMENTS

1982 - Pub. L. 97-164, title I, Secs. 115(a)(2), (b)(2), (c)(2),

116(b), Apr. 2, 1982, 96 Stat. 31, 32, inserted "; official duty

stations" in item 456, substituted "other courts" for "Canal Zone,

Guam and Virgin Islands" in item 460, and added items 462 and 463.

1978 - Pub. L. 95-598, title II, Secs. 214(c), 217(b), Nov. 6,

1978, 92 Stat. 2661, struck out "Alaska," after "Application to" in

item 460 and struck out reference to referees in bankruptcy in item

455.

1975 - Pub. L. 94-82, title II, Sec. 205(a)(2), Aug. 9, 1975, 89

Stat. 422, added item 461.

1974 - Pub. L. 93-512, Sec. 2, Dec. 5, 1974, 88 Stat. 1610,

substituted "Disqualification of justice, judge, magistrate, or

referee in bankruptcy" for "Interest of justice or judge" in item

455.

1963 - Pub. L. 88-139, Sec. 3(b), Oct. 16, 1963, 77 Stat. 248,

substituted "power unrestricted by expiration of sessions" for

"powers unrestricted by terms" in item 452.

1951 - Act Oct. 31, 1951, ch. 655, Sec. 42, 65 Stat. 725,

inserted ", Guam" in item 460.

-CHANGE-

CHANGE OF NAME

Words "magistrate judge" substituted for "magistrate" in item 455

pursuant to section 321 of Pub. L. 101-650, set out as a note under

section 631 of this title.

-FOOTNOTE-

(!1) So in original. Does not conform to section catchline.

-End-

-CITE-

28 USC Sec. 451 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 21 - GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES

-HEAD-

Sec. 451. Definitions

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 907; Pub. L. 86-3, Sec. 10, Mar.

18, 1959, 73 Stat. 9; Pub. L. 89-571, Sec. 3, Sept. 12, 1966, 80

Stat. 764; Pub. L. 95-598, title II, Sec. 213, Nov. 6, 1978, 92

Stat. 2661; Pub. L. 96-417, title V, Sec. 501(10), Oct. 10, 1980,

94 Stat. 1742; Pub. L. 97-164, title I, Sec. 114, Apr. 2, 1982, 96

Stat. 29.)

-MISC1-

HISTORICAL AND REVISIONS NOTES

This 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 AMENDMENT

Those provisions of this section which related to the Tax Court

were eliminated by Senate amendment. See 80th Congress Senate

Report No. 1559.

-REFTEXT-

REFERENCES IN TEXT

Section 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.

-MISC2-

AMENDMENTS

1982 - Pub. L. 97-164 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. 96-417 redesignated the Customs Court as the Court

of International Trade.

1978 - Pub. L. 95-598 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. 95-598, as amended, set out as an Effective Date note

preceding section 101 of Title 11, Bankruptcy.

1966 - Pub. L. 89-571 removed the United States District Court

for the District of Puerto Rico from the definition of "court of

the United States".

1959 - Pub. L. 86-3 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".

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of this

title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-417 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. 96-417, set out

as a note under section 251 of this title.

EFFECTIVE DATE OF 1959 AMENDMENT

Section 10 of Pub. L. 86-3 provided that the amendment made by

section 10 of Pub. L. 86-3 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. 86-3, 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

Section 32 of act June 25, 1948, as amended by act May 24, 1949,

ch. 139, Sec. 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 STATES

Section 2(a) of act June 25, 1948, as amended by act Sept. 3,

1954, ch. 1263, Sec. 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."

Section 51(b) of act Sept. 3, 1954, provided that this amendment

should take effect as of Sept. 1, 1948.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 373, 376, 581, 1821 of

this title; title 2 section 130b; title 5 sections 5537, 8331,

8344, 8440a, 8468; title 10 section 1408; title 18 sections 351,

4107, 4108; title 38 section 7287; title 46 section 31301.

-End-

-CITE-

28 USC Sec. 452 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 21 - GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES

-HEAD-

Sec. 452. Courts always open; powers unrestricted by expiration of

sessions

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 907; Pub. L. 88-139, Sec. 2, Oct.

16, 1963, 77 Stat. 248.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 13 and 302 (Mar. 3,

1911, ch. 231, Secs. 9, 189, 36 Stat. 1088, 1143; Mar. 2, 1929, ch.

488, Sec. 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 clerk's 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.

AMENDMENTS

1963 - Pub. L. 88-139 substituted "expiration of sessions" for

"terms" in section catchline, and "session" for "term" in text.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 460 of this title.

-End-

-CITE-

28 USC Sec. 453 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 21 - GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES

-HEAD-

Sec. 453. Oaths of justices and judges

-STATUTE-

Each justice or judge of the United States shall take the

following oath or affirmation before performing the duties of his

office: "I, ___ XXX, 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."

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 907; Pub. L. 101-650, title IV,

Sec. 404, Dec. 1, 1990, 104 Stat. 5124.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 241, 372, and District

of Columbia Code, 1940 ed., Secs. 11-203, 11-303 (R.S.D.C., Sec.

752, 18 Stat. pt. II, 90; Feb. 9, 1893, ch. 74, Sec. 3, 27 Stat.

435; Mar. 3, 1901, ch. 854, Sec. 223, 31 Stat. 1224; Mar. 3, 1911,

ch. 231, Secs. 136, 137, 257, 36 Stat. 1135, 1161; Feb. 25, 1919,

ch. 29, Sec. 4, 40 Stat. 1157).

This section consolidates sections 11-203 and 11-303 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.)

AMENDMENTS

1990 - Pub. L. 101-650 substituted "under the Constitution" for

"according to the best of my abilities and understanding, agreeably

to the Constitution".

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-650 effective 90 days after Dec. 1,

1990, see section 407 of Pub. L. 101-650, set out as a note under

section 332 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 153, 460, 631, 655 of

this title.

-End-

-CITE-

28 USC Sec. 454 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 21 - GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES

-HEAD-

Sec. 454. Practice of law by justices and judges

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 908.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 373 (Mar. 3, 1911, ch.

231, Sec. 258, 36 Stat. 1161).

Changes in phraseology were made.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 460 of this title.

-End-

-CITE-

28 USC Sec. 455 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 21 - GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES

-HEAD-

Sec. 455. Disqualification of justice, judge, or magistrate judge

-STATUTE-

(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 judge's 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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 908; Pub. L. 93-512, Sec. 1, Dec.

5, 1974, 88 Stat. 1609; Pub. L. 95-598, title II, Sec. 214(a), (b),

Nov. 6, 1978, 92 Stat. 2661; Pub. L. 100-702, title X, Sec. 1007,

Nov. 19, 1988, 102 Stat. 4667; Pub. L. 101-650, title III, Sec.

321, Dec. 1, 1990, 104 Stat. 5117.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 24 (Mar. 3, 1911, ch.

231, Sec. 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 party's 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.

AMENDMENTS

1988 - Subsec. (f). Pub. L. 100-702 added subsec. (f).

1978 - Pub. L. 95-598 struck out references to referees in

bankruptcy in section catchline and in subsecs. (a) and (e).

1974 - Pub. L. 93-512 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.

-CHANGE-

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. 101-650, set out as a note under

section 631 of this title.

-MISC2-

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section

402(c) of Pub. L. 95-598, 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 AMENDMENT

Section 3 of Pub. L. 93-512 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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 460, 653, 655 of this

title; title 38 section 7264.

-End-

-CITE-

28 USC Sec. 456 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 21 - GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES

-HEAD-

Sec. 456. Traveling expenses of justices and judges; official duty

stations

-STATUTE-

(a) The Director of the Administrative Office of the United

States Courts shall pay each justice or judge of the United States,

and each retired justice or judge recalled or designated and

assigned to active duty, while attending court or transacting

official business at a place other than his official duty station

for any continuous period of less than thirty calendar days (1) all

necessary transportation expenses certified by the justice or

judge; and (2) payments for subsistence expenses at rates or in

amounts which the Director establishes, in accordance with

regulations which the Director shall prescribe with the approval of

the Judicial Conference of the United States and after considering

the rates or amounts set by the Administrator of General Services

and the President pursuant to section 5702 of title 5. The Director

of the Administrative Office of the United States Courts shall also

pay each justice or judge of the United States, and each retired

justice or judge recalled or designated and assigned to active

duty, while attending court or transacting official business under

an assignment authorized under chapter 13 of this title which

exceeds in duration a continuous period of thirty calendar days,

all necessary transportation expenses and actual and necessary

expenses of subsistence actually incurred, notwithstanding the

provisions of section 5702 of title 5, in accordance with

regulations which the Director shall prescribe with the approval of

the Judicial Conference of the United States.

(b) The official duty station of the Chief Justice of the United

States, the Justices of the Supreme Court of the United States, and

the judges of the United States Court of Appeals for the District

of Columbia Circuit, the United States Court of Appeals for the

Federal Circuit, and the United States District Court for the

District of Columbia shall be the District of Columbia.

(c) The official duty station of the judges of the United States

Court of International Trade shall be New York City.

(d) The official duty station of each district judge shall be

that place where a district 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.

(e) The official duty station of a circuit judge shall be that

place where a circuit or district court holds regular sessions at

or near which the judge performs a substantial portion of his

judicial work, or that place where the Director provides chambers

to the judge where he performs a substantial portion of his

judicial work, which is nearest the place where he maintains his

actual abode in which he customarily lives.

(f) The official duty station of a retired judge shall be

established in accordance with section 374 of this title.

(g) Each circuit or district judge whose official duty station is

not fixed expressly by this section shall notify the Director of

the Administrative Office of the United States Courts in writing of

his actual abode and official duty station upon his appointment and

from time to time thereafter as his official duty station may

change.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 908; Aug. 8, 1953, ch. 376, 67

Stat. 488; Pub. L. 86-138, Aug. 7, 1959, 73 Stat. 285; Pub. L.

95-598, title II, Sec. 215, Nov. 6, 1978, 92 Stat. 2661; Pub. L.

96-417, title V, Sec. 501(11), Oct. 10, 1980, 94 Stat. 1742; Pub.

L. 97-164, title I, Sec. 115(a)(1), Apr. 2, 1982, 96 Stat. 30; Pub.

L. 99-234, title I, Sec. 107(d), Jan. 2, 1986, 99 Stat. 1759.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 1102(d) of title 26, U.S.C., 1940 ed., Internal

Revenue Code, and title 28, U.S.C., 1940 ed., Secs. 218, 270, 296,

296a, 302, 374, 449 (Mar. 3, 1911, ch. 231, Secs. 189, 259, 36

Stat. 1143, 1161, and Sec. 187(a) as added Oct. 10, 1940, ch. 843,

Sec. 1, 54 Stat. 1101; and section 307 as added Aug. 7, 1939, ch.

501, Sec. 1, 53 Stat. 1224; Sept. 14, 1922, ch. 306, Sec. 2, 42

Stat. 838; Feb. 24, 1925, ch. 301, Sec. 2, 43 Stat. 965; May 29,

1928, ch. 852, Sec. 711, 45 Stat. 882; Mar. 2, 1929, ch. 488, Sec.

1, 45 Stat. 1475; June 23, 1930, ch. 573, Sec. 1, 46 Stat. 799;

Feb. 10, 1939, ch. 2, Sec. 1102(d), 53 Stat. 159; Apr. 22, 1940,

ch. 126, 54 Stat. 149; May 3, 1945, ch. 106, title I, Sec. 1, 59

Stat. 127; May 21, 1945, ch. 129, title IV, 59 Stat. 197; July 5,

1946, ch. 541, title IV, 60 Stat. 477).

Section 270 of title 28, U.S.C., 1940 ed., related to the Chief

Justice and each judge of the Court of Claims and provided for

payment of expenses on order of court.

Sections 296, 296a of title 28, U.S.C., 1940 ed., provided for

payment of such expenses of the Customs Court judges.

Section 302 of title 28, U.S.C., 1940 ed., provided for the

payment of expenses of a judge of the Court of Customs and Patent

Appeals upon his certificate. It contained no $10 limitation upon

his daily subsistence expense and in addition authorized the

necessary expenses for travel and attendance of one stenographic

clerk who accompanied him. This latter provision is the basis for

section 834 of this title. Other provisions of said section 302 of

title 28, U.S.C., 1940 ed., are incorporated in sections 214 and

452 of this title.

Section 374 of title 28, U.S.C., 1940 ed., related to circuit

justices, circuit judges and district judges, including district

judges in Alaska, Hawaii, and Puerto Rico. References to these

territories is omitted as unnecessary. Provision for Alaska judges

is covered by section 460 of this title, and section 114 of title

48, U.S.C., 1940 ed., Territories and Insular Possessions, as

amended by a separate section in the bill to enact this revision.

Hawaii and Puerto Rico are included as districts by sections 91 and

119 of this title, and judges thereof are "judges of the United

States" as defined in section 451 of this title.

The inconsistent provision of said section 270 of title 28,

U.S.C., 1940 ed., with reference to payment on order of court was

omitted to permit payment to every judge on his certificate.

The $10 per day subsistence limitation applicable to all other

judges was extended to the judges of the Court of Customs and

Patent Appeals.

The provision of said section 270 of title 28, U.S.C., 1940 ed.,

relating to traveling expenses of commissioners and stenographers

is incorporated in sections 792 and 794 of this title.

The provisions of said section 296 of title 28, U.S.C., 940 ed.,

relating to organization of the Customs Court are the basis of

sections 251, 252, 253, and 254 of this title. Other provisions of

said section 296 are incorporated in sections 1581, 2071, 2639, and

2640 of this title, and the retirement provisions of that section

are covered by sections 371 and 372 of this title.

The provision of section 296 of title 28, U.S.C., 1940 ed.,

expenses of retired judges was made applicable to all judges.

The provision of section 218 of title 28, U.S.C., 1940 ed., for

payment of travel expenses of judges attending the Judicial

Conference of the United States was omitted as covered by the first

paragraph of the revised section.

The provision in section 218 of title 28, U.S.C., 1940 ed.,

requiring the marshal of the Supreme Court to pay the expenses of

attending the Judicial Conference of the United States is omitted

as covered in part by section 550 [see 571] of this title under

which United States marshals pay the travel allowances of circuit,

district, and certain other judges. The expenses of the Chief

Justice of the United States in attending such Conference were

required also under said section 218 to be paid by the Supreme

Court marshal. Such requirement is also omitted upon advice of the

Director of the Administrative Office of the United States Courts

that the matter of payment is one of administrative convenience. As

to manner of payment of salaries to active and retired Justices of

the Supreme Court, see reviser's note under section 550 [see 571]

of this title.

Words "justice or judge of the United States" were used to

describe members of all courts. See definitive section 451 of this

title.

The remaining provisions of sections 218 of title 28, U.S.C.,

1940 ed., relating to the Judicial Conference of the United States

and 449 of title 28, U.S.C., 1940 ed., relating to judicial

conferences of circuits, are incorporated in sections 331 and 333,

respectively.

Said section 1102(d) of title 26, U.S.C., 1940 ed., related to

traveling and subsistence expenses of judges of The Tax Court of

the United States, successor to the Board of Tax Appeals.

Numerous changes were made in phraseology.

SENATE REVISION AMENDMENTS

Those provisions of this section which related to the Tax Court

were eliminated by Senate amendment, therefore section 1102(d) of

title 26, U.S.C., was not one of the sources of this section as

finally enacted.

As finally enacted, part of act July 9, 1947, ch. 211, title IV,

61 Stat. 303, which was classified to title 28, U.S.C., 1946 ed.,

Sec. 296a, became one of the sources of this section and was

accordingly included in the schedule of repeals by Senate

amendment. See 80th Congress Senate Report No. 1559.

AMENDMENTS

1986 - Subsec. (a). Pub. L. 99-234 substituted "payments for

subsistence expenses at rates or in amounts which the Director

establishes, in accordance with regulations which the Director

shall prescribe with the approval of the Judicial Conference of the

United States and after considering the rates or amounts set by the

Administrator of General Services and the President pursuant to

section 5702 of title 5" for "a per diem allowance for travel at

the rate which the Director establishes not to exceed the maximum

per diem allowance fixed by section 5702(a) of title 5, or in

accordance with regulations which the Director shall prescribe with

the approval of the Judicial Conference of the United States,

reimbursement for his actual and necessary expenses of subsistence

not in excess of the maximum amount fixed by section 5702 of title

5".

1982 - Pub. L. 97-164 inserted "; official duty stations" in

section catchline.

Subsec. (a). Pub. L. 97-164 designated existing undesignated

first par. as subsec. (a), substituted "The Director of the

Administrative Office of the United States Courts shall pay each

justice or judge of the United States, and each retired justice or

judge recalled or designated and assigned to active duty, while

attending court or transacting official business at a place other

than his official duty station for any continuous period of less

than thirty calendar days (1) all necessary transportation expenses

certified by the justice or judge; and (2) a per diem allowance for

travel at the rate which the Director establishes not to exceed the

maximum per diem allowance fixed by section 5702(a) of title 5, or

in accordance with regulations which the Director shall prescribe

with the approval of the Judicial Conference of the United States,

reimbursement for his actual and necessary expenses of subsistence

not in excess of the maximum amount fixed by section 5702 of title

5" for "Each Justice or judge of the United States and each retired

Justice or judge recalled or designated and assigned to active

duty, while attending court or transacting official business at a

place other than his official station, shall, upon his certificate,

be paid by the Director of the Administrative Office of the United

States Courts all necessary traveling expenses, and also a per diem

allowance in lieu of actual expenses of subsistence (as defined in

the Travel Expense Act of 1949, as amended, 63 Stat. 166; 5 U.S.C.

835) at the per diem rate provided for by the Travel Expense Act of

1949, as amended, or, in accordance with regulations prescribed by

the Director of the Administrative Office of the United States

Courts with the approval of the Judicial Conference of the United

States, reimbursement for his actual expenses of subsistence not in

excess of the maximum amount fixed by the Travel Expense Act of

1949, as amended", and inserted "The Director of the Administrative

Office of the United States Courts shall also pay each justice or

judge of the United States, and each retired justice or judge

recalled or designated and assigned to active duty, while attending

court or transacting official business under an assignment

authorized under chapter 13 of this title which exceeds in duration

a continuous period of thirty calendar days, all necessary

transportation expenses and actual and necessary expenses of

subsistence actually incurred, notwithstanding the provisions of

section 5702 of title 5, in accordance with regulations which the

Director shall prescribe with the approval of the Judicial

Conference of the United States."

Subsec. (b). Pub. L. 97-164 designated existing undesignated

second par. as subsec. (b), and in subsec. (b) as so designated,

substituted "official duty station" for "official station", struck

out references to the judges of the Court of Claims and the Court

of Customs and Patent Appeals, and inserted reference to the judges

of the United States Court of Appeals for the Federal Circuit.

Subsec. (c). Pub. L. 97-164 designated existing undesignated

third par. as subsec. (c) and substituted "official duty station"

for "official station".

Subsec. (d). Pub. L. 97-164 designated existing undesignated

fourth par. as subsec. (d) and substituted "The official duty

station of each district judge shall be that place where a district

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" for "The official station of each circuit and district

judge, including each district judge in the Territories and

possessions, shall be that place where a district court is

regularly held and at or near which the judge performs a

substantial portion of his judicial work, which is nearest the

place where he maintains an actual abode in which he customarily

lives".

Subsecs. (e), (f). Pub. L. 97-164 added subsecs. (e) and (f).

Subsec. (g). Pub. L. 97-164 designated existing undesignated

fifth par. as subsec. (g) and substituted "Each circuit or district

judge whose official duty station is not fixed expressly by this

section shall notify the Director of the Administrative Office of

the United States Courts in writing of his actual abode and

official duty station upon his appointment and from time to time

thereafter as his official duty station may change" for "Each

circuit judge and each district judge whose official station is not

fixed expressly in the second paragraph of this section shall upon

his appointment and from time to time thereafter as his official

station may change, notify the Director of the Administrative

Office of the United States Courts in writing of his actual abode

and his official station".

1980 - Pub. L. 96-417 redesignated the Customs Court as the Court

of International Trade.

1978 - Pub. L. 95-598 directed the amendment of section by

inserting references to the United States Bankruptcy Court for the

District of Columbia and bankruptcy judges, which amendment did not

become effective pursuant to section 402(b) of Pub. L. 95-598, as

amended, set out as an Effective Date note preceding section 101 of

Title 11, Bankruptcy.

1959 - Pub. L. 86-138 authorized payment to justices and judges

of a per diem allowance or a maximum amount for actual expenses of

subsistence in place of reasonable maintenance expenses actually

incurred, not exceeding $15 per day.

1953 - Act Aug. 8, 1953, increased limit of reimbursable

maintenance from $10 to $15 per day.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-234 effective (1) on effective date of

regulations to be promulgated not later than 150 days after Jan. 2,

1986, or (2) 180 days after Jan. 2, 1986, whichever occurs first,

see section 301(a) of Pub. L. 99-234, set out as a note under

section 5701 of Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of this

title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-417 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. 96-417, set out

as a note under section 251 of this title.

REPORT ON TRANSPORTATION NEEDS

Pub. L. 99-550, Sec. 3, Oct. 27, 1986, 100 Stat. 3070, directed

Director of Administrative Office of United States Courts, within

one year after Oct. 27, 1986, to prepare, in consultation with

Marshal of Supreme Court of United States, Clerk of United States

Court of Military Appeals, and Court Administrator of United States

Tax Court, and transmit to Congress, appropriate recommendations

concerning transportation needs of judicial branch and of courts

established pursuant to Article I of the Constitution.

PROMULGATION OF REGULATIONS BY DIRECTOR

Director to promulgate regulations effectuating increases in

reimbursement for expenses, see section 6 of Pub. L. 87-139, Aug.

14, 1961, 75 Stat. 340, set out as a note under section 604 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 175, 374, 460, 604 of

this title; title 5 section 5702; title 20 section 4502.

-End-

-CITE-

28 USC Sec. 457 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 21 - GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES

-HEAD-

Sec. 457. Records; obsolete papers

-STATUTE-

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 366-380 of Title 44 and in accordance with the

rules of the Judicial Conference of the United States.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 908; Pub. L. 95-598, title II,

Sec. 216, Nov. 6, 1978, 92 Stat. 2661.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 10, 523a, 523b, (Mar.

3, 1911, ch. 231, Sec. 6, 36 Stat. 1088; June 3, 1930, ch. 396,

Secs. 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.

-REFTEXT-

REFERENCES IN TEXT

Sections 366-380 of Title 44, referred to in text, were repealed

and the provisions thereof reenacted as chapter 33 (Sec. 3301 et

seq.) of Title 44, Public Printing and Documents, by Pub. L.

90-620, Oct. 22, 1968, 82 Stat. 1238.

-MISC2-

AMENDMENTS

1978 - Pub. L. 95-598 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. 95-598, as amended, set out as an Effective Date note

preceding section 101 of Title 11, Bankruptcy.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 460 of this title.

-End-

-CITE-

28 USC Sec. 458 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 21 - GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES

-HEAD-

Sec. 458. Relative of justice or judge ineligible to appointment

-STATUTE-

(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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 908; Pub. L. 105-300, Sec. 1(a),

Oct. 27, 1998, 112 Stat. 2836.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 126 (Mar. 3, 1887, ch.

373, Sec. 7, 24 Stat. 555; Aug. 13, 1888, ch. 866, Sec. 7, 25 Stat.

437; Mar. 3, 1911, ch. 231, Sec. 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.

AMENDMENTS

1998 - Pub. L. 105-300 designated existing provisions as subsec.

(a)(1) and added subsecs. (a)(2) and (b).

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-300, Sec. 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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 460 of this title.

-End-

-CITE-

28 USC Sec. 459 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 21 - GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES

-HEAD-

Sec. 459. Administration of oaths and acknowledgments

-STATUTE-

Each justice or judge of the United States may administer oaths

and affirmations and take acknowledgments.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 908.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 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, Secs. 158, 268, 36 Stat. 1139, 1163; June 17, 1930, ch.

497, title IV, Sec. 509, 46 Stat. 733; Feb. 10, 1939, ch. 2, Sec.

1114(a), 53 Stat. 160; Oct. 21, 1942, ch. 619, title V, Sec.

504(a), (c), 56 Stat. 957; Feb. 25, 1944, ch. 63, title V, Sec.

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 AMENDMENT

By 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 460 of this title.

-End-

-CITE-

28 USC Sec. 460 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 21 - GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES

-HEAD-

Sec. 460. Application to other courts

-STATUTE-

(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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 908; Oct. 31, 1951, ch. 655, Sec.

43(a), 65 Stat. 725; Pub. L. 85-508, Sec. 12(e), July 7, 1958, 72

Stat. 348; Pub. L. 95-598, title II, Sec. 217(a), Nov. 6, 1978, 92

Stat. 2661; Pub. L. 97-164, title I, Sec. 115(b)(1), Apr. 2, 1982,

96 Stat. 31; Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29,

1992, 106 Stat. 4516.)

-MISC1-

HISTORICAL AND REVISION NOTES

This 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.

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-572 substituted "United States

Court of Federal Claims" for "United States Claims Court".

1982 - Pub. L. 97-164 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 452-459 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. 95-598 struck out "Alaska," after "Application to"

in section catchline.

1958 - Pub. L. 85-508 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.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of this

title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of this

title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-598 effective Nov. 6, 1978, see section

402(d) of Pub. L. 95-598, set out as an Effective Date note

preceding section 101 of Title 11, Bankruptcy.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-508 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. 85-508, see notes set out under section 81A of this

title and preceding section 21 of Title 48, Territories and Insular

Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 9 section 203; title 16

sections 1540, 3375, 4912; title 19 section 3473; title 20 section

290i-7; title 22 sections 283gg, 285f, 290g-6, 290k-9, 290k-11,

290m, 1650a; title 33 section 1479.

-End-

-CITE-

28 USC Sec. 461 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 21 - GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES

-HEAD-

Sec. 461. Adjustments in certain salaries

-STATUTE-

(a)(1) Subject to paragraph (2), effective at the beginning of

the first applicable pay period commencing on or after the first

day of the month in which an adjustment takes effect under section

5303 of title 5 in the rates of pay under the General Schedule

(except as provided in subsection (b)), each salary rate which is

subject to adjustment under this section shall be adjusted by an

amount, rounded to the nearest multiple of $100 (or if midway

between multiples of $100, to the next higher multiple of $100)

equal to the percentage of such salary rate which corresponds to

the most recent percentage change in the ECI (relative to the date

described in the next sentence), as determined under section

704(a)(1) of the Ethics Reform Act of 1989. The appropriate date

under this sentence is the first day of the fiscal year in which

such adjustment in the rates of pay under the General Schedule

takes effect.

(2) In no event shall the percentage adjustment taking effect

under paragraph (1) in any calendar year (before rounding), in any

salary rate, exceed the percentage adjustment taking effect in such

calendar year under section 5303 of title 5 in the rates of pay

under the General Schedule.

(b) Subsection (a) shall not apply to the extent it would reduce

the salary of any individual whose compensation may not, under

section 1 of article III of the Constitution of the United States,

be diminished during such individual's continuance in office.

-SOURCE-

(Added Pub. L. 94-82, title II, Sec. 205(a)(1), Aug. 9, 1975, 89

Stat. 422; amended Pub. L. 101-194, title VII, Sec. 704(a)(2)(A),

Nov. 30, 1989, 103 Stat. 1769; Pub. L. 101-509, title V, Sec. 529

[title I, Sec. 101(b)(4)(J)], Nov. 5, 1990, 104 Stat. 1427, 1440;

Pub. L. 103-356, title I, Sec. 101(4), Oct. 13, 1994, 108 Stat.

3411.)

-REFTEXT-

REFERENCES IN TEXT

The General Schedule, referred to in subsec. (a), is set out

under section 5332 of Title 5, Government Organization and

Employees.

Section 704(a)(1) of the Ethics Reform Act of 1989, referred to

in subsec. (a)(1), is section 704(a)(1) of Pub. L. 101-194, which

is set out as a note under section 5318 of Title 5.

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-356 designated existing

provisions as par. (1), substituted "Subject to paragraph (2),

effective" for "Effective", and added par. (2).

1990 - Subsec. (a). Pub. L. 101-509 substituted "5303" for

"5305".

1989 - Subsec. (a). Pub. L. 101-194 substituted "corresponds to

the most recent percentage change in the ECI (relative to the date

described in the next sentence), as determined under section

704(a)(1) of the Ethics Reform Act of 1989. The appropriate date

under this sentence is the first day of the fiscal year in which

such adjustment in the rates of pay under the General Schedule

takes effect" for "corresponds to the overall average percentage

(as set forth in the report transmitted to the Congress under such

section 5305) of the adjustments in the rates of pay under such

Schedule."

EFFECTIVE DATE OF 1994 AMENDMENT

Section 101 of Pub. L. 101-356 provided that the amendment made

by that section is effective as of Dec. 31, 1994.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-509 effective on such date as the

President shall determine, but not earlier than 90 days, and not

later than 180 days, after Nov. 5, 1990, see section 529 [title

III, Sec. 305] of Pub. L. 101-509, set out as a note under section

5301 of Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section

704(b) of Pub. L. 101-194, set out as a note under section 5318 of

Title 5, Government Organization and Employees.

SALARY ADJUSTMENTS

Pub. L. 107-77, title III, Sec. 305, Nov. 28, 2001, 115 Stat.

783, provided in part that: "Pursuant to section 140 of Public Law

97-92 [set out below], Justices and judges of the United States are

authorized during fiscal year 2002, to receive a salary adjustment

in accordance with 28 U.S.C. 461".

Pub. L. 106-553, Sec. 1(a)(2) [title III, Sec. 309], Dec. 21,

2000, 114 Stat. 2762, 2762A-89, provided that: "Pursuant to section

140 of Public Law 97-92 [set out below], Justices and judges of the

United States are authorized during fiscal year 2001, to receive a

salary adjustment in accordance with 28 U.S.C. 461, only if for the

purposes of each provision of law amended by section 704(a)(2) of

the Ethics Reform Act of 1989 [Pub. L. 101-194] (5 U.S.C. 5318

note), adjustments under section 5303 of title 5, United States

Code, shall take effect in fiscal year 2001".

Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title III, Sec. 304],

Nov. 29, 1999, 113 Stat. 1535, 1501A-36, provided in part that:

"Pursuant to section 140 of Public Law 97-92 [set out below],

Justices and judges of the United States are authorized during

fiscal year 2000, to receive a salary adjustment in accordance with

28 U.S.C. 461".

Pub. L. 105-119, title III, Sec. 306, Nov. 26, 1997, 111 Stat.

2493, provided in part that: "Pursuant to section 140 of Public Law

97-92 [set out below], justices and judges of the United States are

authorized during fiscal year 1998, to receive a salary adjustment

in accordance with 28 U.S.C. 461".

Pub. L. 102-395, title III, Sec. 304, Oct. 6, 1992, 106 Stat.

1859, provided that: "Pursuant to section 140 of Public Law 97-92

[set out below], Justices and judges of the United States are

authorized during fiscal year 1993, to receive a salary adjustment

in accordance with 28 U.S.C. 461."

Pub. L. 102-140, title III, Sec. 305, Oct. 28, 1991, 105 Stat.

810, provided that: "Pursuant to section 140 of Public Law 97-92

[set out below], Justices and judges of the United States are

authorized during fiscal year 1992, to receive a salary adjustment

in accordance with 28 U.S.C. 461."

Pub. L. 101-520, title III, Sec. 321, Nov. 5, 1990, 104 Stat.

2285, provided that: "Pursuant to section 140 of Public Law 97-92

[set out below], Justices and judges of the United States are

authorized during calendar year 1991 to receive a salary adjustment

in accordance with 28 U.S.C. section 461."

Pub. L. 101-194, title VII, Sec. 703(a)(3), Nov. 30, 1989, 103

Stat. 1768, set out as a note under section 5318 of Title 5,

Government Organization and Employees, provided that effective the

first day of the first applicable pay period that begins on or

after January 1, 1991, the rate of basic pay for the Chief Justice

of the United States, an associate justice of the Supreme Court of

the United States, a judge of a United States circuit court, a

judge of a district court of the United States, and a judge of the

United States Court of International Trade shall be increased in

the amount of 25 percent of their respective rates (as last in

effect before the increase), rounded to the nearest multiple of

$100 (or, if midway between multiples of $100, to the next higher

multiple of $100).

For purposes of section 140 of Pub. L. 97-92 (set out below),

appropriate salary increases were authorized for Federal judges and

Justices of the Supreme Court pursuant to section 702(a) of Pub. L.

101-194 which provided that effective for pay periods beginning on

or after Nov. 30, 1989, the rate of basic pay for any office or

position in the judicial branch of the Government shall be

determined as if section 620(b) of Pub. L. 100-440 (5 U.S.C. 5303

note) and section 619(b) of Pub. L. 101-136 (5 U.S.C. 5303 note)

had never been enacted, see section 702 of Pub. L. 101-194, set out

as a note under section 5303 of Title 5.

Pub. L. 100-202, Sec. 101(a) [title IV, Sec. 406], Dec. 22, 1987,

101 Stat. 1329, 1329-26, provided that: "Pursuant to section 140 of

Public Law 97-92 [set out below], during fiscal year 1988, justices

and judges of the United States shall receive the same percentage

increase in salary accorded to employees paid under the General

Schedule (pursuant to 5 U.S.C. 5305)."

Pub. L. 99-500, Sec. 101(b) [title IV, Sec. 406], Oct. 18, 1986,

100 Stat. 1783-39, 1783-64, and Pub. L. 99-591, Sec. 101(b) [title

IV, Sec. 406], Oct. 30, 1986, 100 Stat. 3341-39, 3341-64, provided

that: "Pursuant to section 140 of Public Law 97-92 [set out below],

during fiscal year 1987, justices and judges of the United States

shall receive the same percentage increase in salary accorded to

employees paid under the General Schedule (pursuant to 5 U.S.C.

5305)."

Pub. L. 99-88, title I, Sec. 100, Aug. 15, 1985, 99 Stat. 310,

provided in part that: "Effective on the first day of the first

applicable pay period commencing on or after January 1, 1985, each

rate of pay subject to adjustment by section 461 of title 28,

United States Code, shall be increased by an amount, rounded to the

nearest multiple of $100 (or if midway between multiples of $100,

to the next higher multiple of $100), equal to the overall

percentage of the adjustment taking effect under section 5305 of

title 5, United States Code, in the rates of pay under the General

Schedule during fiscal year 1985."

Pub. L. 98-369, div. B, title II, Sec. 2207, July 18, 1984, 98

Stat. 1060, provided that: "Effective on the first day of the first

applicable pay period commencing on or after January 1, 1984, each

rate of pay subject to adjustment by section 461 of title 28,

United States Code, shall be increased by an amount, rounded to the

nearest multiple of $100 (or if midway between multiples of $100,

to the next higher multiple of $100), equal to the overall

percentage of the adjustment taking effect under section 5305 of

title 5, United States Code, in the rates of pay under the General

Schedule during fiscal year 1984."

SPECIFIC CONGRESSIONAL AUTHORIZATION REQUIRED FOR SALARY INCREASES

FOR FEDERAL JUDGES AND JUSTICES OF THE SUPREME COURT

Pub. L. 97-92, Sec. 140, Dec. 15, 1981, 95 Stat. 1200, as amended

by Pub. L. 107-77, title VI, Sec. 625, Nov. 28, 2001, 115 Stat.

803, provided that: "Notwithstanding any other provision of law or

of this joint resolution [Pub. L. 97-92], none of the funds

appropriated by this joint resolution or by any other Act shall be

obligated or expended to increase, after the date of enactment of

this joint resolution [Dec. 15, 1981], any salary of any Federal

judge or Justice of the Supreme Court, except as may be

specifically authorized by Act of Congress hereafter enacted:

Provided, That nothing in this limitation shall be construed to

reduce any salary which may be in effect at the time of enactment

of this joint resolution nor shall this limitation be construed in

any manner to reduce the salary of any Federal judge or of any

Justice of the Supreme Court. This section shall apply to fiscal

year 1981 and each fiscal year thereafter."

SALARY RATE LIMITATIONS ON USE OF FUNDS

1982 - Limitations on use of funds for fiscal year ending Sept.

30, 1983, appropriated by any Act to pay the salary or pay of any

individual in legislative, executive, or judicial branch in

position equal to or above level V of the Executive Schedule, see

section 101(e) of Pub. L. 97-276, as amended, set out as a note

under section 5318 of Title 5, Government Organization and

Employees.

1981 - Limitations on use of funds for fiscal year ending Sept.

30, 1982, appropriated by any Act to pay the salary or pay of any

individual in legislative, executive, or judicial branch in

position equal to or above level V of the Executive Schedule, see

sections 101(g) and 141 of Pub. L. 97-92, set out as a note under

section 5318 of Title 5.

1980 - Limitations on use of funds for fiscal year ending Sept.

30, 1981, appropriated by any Act to pay the salary or pay of any

individual in legislative, executive, or judicial branch in

position equal to or above level V of the Executive Schedule, see

section 101(c) of Pub. L. 96-536, as amended, set out as a note

under section 5318 of Title 5.

1979 - Applicability to funds appropriated by any Act for fiscal

year ending Sept. 30, 1980, of limitation of section 304 of Pub. L.

95-391 on use of funds to pay the salary or pay of any individual

in legislative, executive, or judicial branch in position equal to

or above level V of the Executive Schedule, see section 101 of Pub.

L. 96-86, set out as a note under section 5318 of Title 5.

1978 - Limitations on use of funds for fiscal year ending Sept.

30, 1979, appropriated by any Act to pay the salary or pay of any

individual in legislative, executive, or judicial branch in

position equal or above level V of the Executive Schedule, see

section 304 of Pub. L. 95-391 and section 613 of Pub. L. 95-429,

set out as a note under section 5318 of Title 5.

1977 COMPARABILITY ADJUSTMENT NOT EFFECTIVE FOR JUSTICES, JUDGES,

COMMISSIONERS, AND REFEREES

Pub. L. 95-66, Sec. 1(3), July 11, 1977, 91 Stat. 270, set out as

a note under section 5318 of Title 5, Government Organization and

Employees, provided that the first adjustment which, but for the

enactment of Pub. L. 95-66, would have been made in the salary and

rate of pay of justices, judges, commissioners, and referees under

this section after July 11, 1977, would not take effect.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5, 44, 135, 213, 252,

371, 792 of this title.

-End-

-CITE-

28 USC Sec. 462 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 21 - GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES

-HEAD-

Sec. 462. Court accommodations

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 97-164, title I, Sec. 115(c)(1), Apr. 2, 1982, 96

Stat. 31; amended Pub. L. 100-702, title X, Sec. 1015, Nov. 19,

1988, 102 Stat. 4669; Pub. L. 102-572, title IX, Sec. 902(b)(1),

Oct. 29, 1992, 106 Stat. 4516.)

-MISC1-

AMENDMENTS

1992 - Subsec. (d). Pub. L. 102-572 substituted "United States

Court of Federal Claims" for "United States Claims Court".

1988 - Subsec. (c). Pub. L. 100-702 substituted "within the

circuit other than where regular sessions of court are authorized

by law to be held," for "where Federal facilities are available".

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of this

title.

EFFECTIVE DATE

Section effective Oct. 1, 1982, see section 402 of Pub. L.

97-164, set out as an Effective Date of 1982 Amendment note under

section 171 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 460 of this title.

-End-

-CITE-

28 USC Sec. 463 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 21 - GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES

-HEAD-

Sec. 463. Expenses of litigation

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 97-164, title I, Sec. 116(a), Apr. 2, 1982, 96 Stat.

32.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 1, 1982, see section 402 of Pub. L.

97-164, set out as an Effective Date of 1982 Amendment note under

section 171 of this title.

-End-