June 25, 1948, ch. 64662 Stat. 901July 14, 1956, ch. 589, § 3(a)70 Stat. 532Pub. L. 85–755, § 472 Stat. 848Pub. L. 95–598, title II, § 20592 Stat. 2660Pub. L. 96–417, title I, § 10294 Stat. 1727Pub. L. 97–164, title I, § 110(a)96 Stat. 29(, ; , ; , , ; , , ; , title V, § 501(8), , , 1742; , (b), , .)
Historical and Revision Notes
Mar. 3, 1911, ch. 231, § 18836 Stat. 1143Mar. 2, 1929, ch. 488, § 145 Stat. 1475Based on title 28, U.S.C., 1940 ed., § 301 (, ; , ).
section 301 of title 28Section simplifies last sentence of , U.S.C., 1940 ed., and is in conformity with other designation and assignment provisions of this chapter.
section 301 of title 28Other provisions of said , U.S.C., 1940 ed., are incorporated in sections 211–213, 215, and 296 of this title.
This section transfers from the President to the Chief Justice of the United States the authority to designate and assign which is in conformity with sections 201 and 292 of this title.
The words “he is willing to undertake” were added to make clear that such service is voluntary.
section 136 of this titleThe term “chief judge” was substituted for “presiding judge.” (See reviser’s note under .)
Changes were made in phraseology.
Editorial Notes
Amendments
Pub. L. 97–164, § 110(b)1982—, substituted “the Court of International Trade” for “other courts” in section catchline.
Pub. L. 97–164, § 110(a)(1)Subsec. (a). , (2), redesignated subsec. (b) as (a). Former subsec. (a), which authorized the Chief Justice to designate and assign judges of the Court of Claims or the Court of Customs and Patent Appeals to serve temporarily on the other of these two courts or in a court of appeals or district court of any circuit in times of necessity, was struck out.
Pub. L. 97–164, § 110(a)(2)Pub. L. 95–598Subsec. (b). , (3), redesignated subsec. (e), as that subsec. was to have become effective pursuant to , as subsec. (b). Former subsec. (b) redesignated (a). See 1978 Amendment note below.
Pub. L. 97–164, § 110(a)(1)Subsecs. (c), (d). , struck out subsecs. (c) and (d) which related, respectively, to the authority of the chief judge of the Court of Customs and Patent Appeals to designate and assign temporarily any judge of the Court of Customs and Patent Appeals to serve as a judge of the Court of International Trade and to the authority of the chief judge of the Court of International Trade to designate and assign temporarily any judge of the Court of International Trade to serve as a judge of the Court of Customs and Patent Appeals or the Court of Claims.
Pub. L. 97–164, § 110(a)(3)Pub. L. 95–598Subsec. (e). , redesignated subsec. (e), as that subsec. was to have become effective pursuant to , as subsec. (b). See 1978 Amendment note below.
Pub. L. 96–417, § 102(a)1980—Subsec. (b). , redesignated the Customs Court as the Court of International Trade and authorized performance of judicial functions in a court of appeals.
Pub. L. 96–417, § 501(8)Subsec. (c). , redesignated the Customs Court as the Court of International Trade.
Pub. L. 96–417, § 102(b)Subsec. (d). , redesignated the Customs Court as the Court of International Trade and authorized temporary assignments to the Court of Claims of judges of the Court of International Trade upon presentation of a certificate of necessity by the chief judge of the Court of Claims.
Pub. L. 95–598section 402(b) of Pub. L. 95–598section 101 of Title 111978—Subsec. (e). directed the amendment of this section by adding subsec. (e) relating to temporary assignments of bankruptcy judges, which amendment did not become effective pursuant to , as amended, set out as an Effective Date note preceding , Bankruptcy.
Pub. L. 85–7551958— substituted “Judges of other courts” for “Circuit or district judges to court of customs and patent appeals” in section catchline.
Pub. L. 85–755Subsec. (a). added subsec. (a). It incorporates provisions of former sections 291(a), (b) and 292(e) of this title respecting assignment of any judge of the Court of Claims to serve as circuit judge in any circuit, assignment of judges of the Court of Customs and Patent Appeals to serve as judges of the Court of Appeals or the District Court of Appeals or the District Court for the District of Columbia, and assignment of judges of the Court of Claims to district courts, respectively.
Pub. L. 85–755Subsec. (b). designated existing second par. as subsec. (b).
Pub. L. 85–755Subsecs. (c), (d). added subsecs. (c) and (d).
1956—Act , authorized the Chief Justice of the United States to designate and assign temporarily a judge of the Customs Court to perform judicial duties in a district court in any circuit.
Statutory Notes and Related Subsidiaries
Effective Date of 1982 Amendment
Pub. L. 97–164section 402 of Pub. L. 97–164section 171 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1980 Amendment
Pub. L. 96–417section 701(a) of Pub. L. 96–417section 251 of this titleAmendment by effective , and applicable with respect to civil actions pending on or commenced on or after such date, see , set out as a note under .
Jurisdiction of United States Court of Customs and Patent Appeals
Pub. L. 85–755section 7 of Pub. L. 85–755section 291 of this titleAmendment by not limiting or altering the jurisdiction of the United States Court of Customs and Patent Appeals [now United States Court of Appeals for the Federal Circuit], see , set out as a note under .
Limitation or Alteration of Jurisdiction
section 251 of this titleAmendment by act , not to be construed as limiting or altering the jurisdiction heretofore conferred upon the Customs Court [now United States Court of International Trade], see section 4 of act , set out as a note under .