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.
Notes of Decisions
Hayes v. United States, 71 Fed. Cl. 366 (Fed. Cl. 2006).
· cites it 7× “The statutory meaning of “court of the United States” is provided in 28 U.S.C. § 451 and applies to the entirety of Title 28 of the United States Code, which title is reserved for regulations governing the judiciary and judicial procedure.”
Trackwell v. United States Gov't, 472 F.3d 1242 (10th Cir. 2007).
· cites it 3× “” For purposes of Title 28 of the United States Code, the term agency is defined to include “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…”
Novell, Inc. v. United States, 46 Fed. Cl. 601 (Fed. Cl. 2000).
· cites it 14× “§ 1491 (b)(1), was coextensive with the meaning of “agency” as defined by 28 U.S.C. § 451 (1994). See Hewlett-Packard, 41 Fed.”
Bell BCI Co. v. United States, 56 Fed. Cl. 465 (Fed. Cl. 2003).
· cites it 15× “The intervenor suggests that we must look at 28 U.S.C. § 451 to determine whether the Architect of the Capitol is a “Federal agency.”
Emery Worldwide Airlines, Inc. v. United States, 49 Fed. Cl. 211 (Fed. Cl. 2001).
· cites it 4× “The term “agency” includes any department, independent *220 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…”
Kenneth Lake v. Ohana Military Communities, 14 F.4th 993 (9th Cir. 2021).
· cites it 2× “We use a six-factor test for determining whether an entity falls within 28 U.S.C. § 451’s definition of agency 5: (1) the extent to which the alleged agency performs a governmental function; (2) the scope of government involvement in the organization’s management; (3) whether…”
Sullivan v. Hudson, 490 U.S. 877 (1989).
· cites it 2× “" Clearly, the Social Security Administration is not a court, see 28 U. S. C. § 451 (defining "court of the United States"), and so § 2412 does not apply to fees incurred in proceedings before the Social Security Administration.”
United States v. Bowline, 917 F.3d 1227 (10th Cir. 2019).
· cites it 2× “And the definition of federal judge incorporates the definition of judge in 28 U.S.C. § 451 , see Fed. R. Crim. Proc.”
Parker v. Levy, 417 U.S. 733 (1974).
· cites it 2× “" Our reading of § 1252 is further supported by that section's legislative history.”
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