(c)(3), are classified generally to the appendix to this title.

AMENDMENTS

1979-Subsec. (c). Pub. L. 96-82, § 2(2), added subsec. (c). Former subsec. (c) redesignated (d).

Subsecs. (d) to (g). Pub. L. 96-82, § 2(1), redesignated former subsecs. (c) to (f) as (d) to (g), respectively. 1977-Subsec. (f). Pub. L. 95-144 added subsec. (f).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 section 2149; title 19 section 1915; title 46 section 1484.

CHAPTER 49-DISTRICT COURTS

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 48 sections 1424b, 1694.

§ 751. Clerks

[See main edition for text of (a) to (e)]

(f) When the Court of International Trade is sitting in a judicial district, other than the Southern District or Eastern District of New York, the clerk of the district court of such judicial district or an authorized deputy clerk, upon the request of the chief judge of the Court of International Trade and with the approval of such district court, shall act in the district as clerk of the Court of International Trade, as prescribed by the rules and orders of the Court of International Trade for all purposes relating to the civil action then pending before such court.

(As amended Oct. 10, 1980, Pub. L. 96-417, title V, § 504, 94 Stat. 1743.)

§ 771. Clerks

(a) Based on need each bankruptcy court may appoint a clerk who shall be subject to removal only by the court.

(b) The clerk may appoint, with the approval of the court, necessary deputies, clerical assistants, and employees in such number as may be approved by the Director of the Administrative Office of the United States Courts. Such deputies, clerical assistants, and employees shall be subject to removal only by the clerk with the approval of the court. If there is no clerk, the Bankruptcy Judge shall perform the duties of this subsection.

(c) The clerk of each bankruptcy court shall reside in the district for which he is appointed. The bankruptcy court may designate places within the district for the offices of the clerk and his deputies, and their official stations.

(d) A clerk of a bankruptcy court or his deputy or assistant shall not receive any compensation or emoluments through any office or position to which he is appointed by the court, other than that received as such clerk, deputy or assistant, whether from the United States or from private litigants.

(e) The clerk of each bankruptcy court shall pay into the Treasury all fees, costs and other moneys collected by him, except uncollected fees not required by Act of Congress to be prepaid.

He shall make returns thereof to the Director of the Administrative Office of the United States Courts under regulations prescribed by him.

(Added Pub. L. 95-598, title II, § 233(a), Nov. 6, 1978, 92 Stat. 2666.)

EFFECTIVE DATE

Chapter effective Apr. 1, 1984, see section 402(b) of Pub. D. 95-598, set out as an Effective Date fote preceding section 101 of Title 11, Bankruptcy.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 775 of this title. § 772. Other employees

Bankruptcy judges may appoint necessary other employees, including law clerks and secretaries, subject to any limitation on the aggregate salaries of such employees which may be imposed by law.

(Added Pub. L. 95-598, title II, § 233(a), Nov. 6, 1978, 92 Stat. 2666.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 775 of this title. § 773. Records of proceedings; reporters

(a) The bankruptcy court shall require a record to be made, whenever practicable, of all proceedings in cases had in open court. The Judicial Conference shall prescribe that the record be taken by electronic sound recording means, by a court reporter appointed or employed by such bankruptcy court to take a vermechanical batim record by shorthand or means, or by an employee of such court desig

§ 871. Clerk, chief deputy clerk, assistant clerk, deputies, assistants, and other employees

The Court of International Trade may appoint a clerk, a chief deputy clerk, an assistant clerk, deputy clerks, and such deputies, assistants, and other employees as may be necessary for the effective dispatch of the business of the court, who shall be subject to removal by the court.

(As amended Oct. 10, 1980, Pub. L. 96-417, title V, § 501(17), 94 Stat. 1742.)

AMENDMENTS

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

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-417 effective on 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 an Effective Date of 1980 Amendment note under section 251 of this title.

§ 872. Marshal and deputy marshals

The Court of International Trade may appoint a marshal and deputy marshals, who shall be subject to removal by the courts.

[See main edition for text of second and third

pars.]

On all disbursements made by the marshal of the Court of International Trade for official salaries or expenses, the certificate of the payee shall be sufficient without verification on oath.

(As amended Oct. 10, 1980, Pub. L. 96-417, title V, § 501(18), 94 Stat. 1742.)

AMENDMENTS

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

EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-417 effective on 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 an Effective Date of 1980 Amendment note under section 251 of this title.

§ 873. Criers, bailiffs, and messengers

The Court of International Trade may appoint such criers as it may require for said court, which criers shall also perform the duties of bailiffs and messengers and such other duties as the court directs and shall be subject to removal by the court.

CHAPTER 57-GENERAL PROVISIONS APPLICABLE TO COURT OFFICERS AND EMPLOYEES § 957. Clerks ineligible for certain offices

(a) A clerk of a district court or bankruptcy court or any of his deputies shall not be appointed a commissioner, master, referee or receiver in any case, unless there are special reasons requiring such appointment which are recited in the order of appointment.

[See main edition for text of (b)]

(As amended Nov. 6, 1978, Pub. L. 95-598, title II, § 234, 92 Stat. 2667.)

AMENDMENTS

1978-Subsec. (a). Pub. L. 95-598 added reference to bankruptcy court.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-598 effective Apr. 1, 1984, see section 402(b) 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.

§ 959. Trustees and receivers suable; management; State laws

[See main edition for text of (a)]

(b) Except as provided in section 1166 of title 11, a trustee, receiver or manager appointed in any cause pending in any court of the United States, including a debtor in possession, shall manage and operate the property in his possession as such trustee, receiver or manager according to the requirements of the valid laws of the State in which such property is situated, in the same manner that the owner or possessor thereof would be bound to do if in possession thereof.

(As amended Nov. 6, 1978, Pub. L. 95-598, title II, § 235, 92 Stat. 2667.)

AMENDMENTS

1978-Subsec. (b). Pub. L. 95-598 substituted "Except as provided in section 1166 of title 11, a trustee" for "A trustee".

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.

PART IV-JURISDICTION AND VENUE

(As amended Pub. L. 96-417, title V, § 501(19), Oct. 10, 1980, 94 Stat. 1742.)

CHAPTER 81-SUPREME COURT

§ 1251. Original jurisdiction

(a) The Supreme Court shall have original and exclusive jurisdiction of all controversies between two or more States.

(b) The Supreme Court shall have original but not exclusive jurisdiction of:

(1) All actions or proceedings to which ambassadors, other public ministers, consuls, or vice consuls of foreign states are parties;

(2) All controversies between the United States and a State;

(3) All actions or proceedings by a State against the citizens of another State or against aliens.

(As amended Sept. 30, 1978, Pub. L. 95-393, § 8(b), 92 Stat. 810.)

AMENDMENTS

1978-Subsec. (a). Pub. L. 95-393, § 8(b)(1), designated the introductory provision of subsec. (a) and (a)(1) as (a), and struck out "(2) All actions or proceedings against ambassadors or other public ministers of foreign states or their domestics or domestic servants, not inconsistent with the law of nations".

Subsec. (b)(1). Pub. L. 95-393, § 8(b)(2), substituted "to which ambassadors, other public ministers, consuls, or" for "brought by ambassadors or other public ministers of foreign states or to which consuls or".

EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-393 effective at the end of the ninety-day period beginning on Sept. 30, 1978, see section 9 of Pub. L. 95-393, set out as an Effective Date note under section 254a of Title 22, Foreign Relations and Intercourse.

§ 1254. Courts of appeals; certiorari; appeal; certified questions

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2350 of this title; title 2 section 437g; title 5 section 1508, 7123; title 7 sections 136n, 194, 2050; title 12 sections 1464, 1730, 1730a, 1786, 1818; title 15 sections 21, 29, 45, 57a, 77i, 78aa, 79x, 79y, 80a-42, 80a-43, 80b-13, 687a, 687e, 717r, 1193, 1262, 1394, 1474, 1710, 1719, 1913, 2003, 2004, 2008, 2060, 2618, 3416; title 16 sections 791, 8251, 825p; title 20 sections 351d, 585, 1070c-3, 1207, 1234d, 1263, 1413, 1416, 2309, 3806, 3862, 3873; title 21 sections 346a, 348, 355, 360g, 371; title 22 section 1631e, 2740, 2851, 3086; title 23 section 131; title 26 sections 3310, 6363, 7482; title 27 section 204; title 29 sections 160, 210, 660, 667; title 30 section 816; title 31 section 1263; title 33 sections 505, 520, 988; title 38 section 784; title 40 section 333; title 42 sections 263a, 263f, 291h, 504, 1316, 1320a-7a, 2022, 26891, 3027, 3414, 3785, 5311, 5405, 6068, 6306, 6869, 8412; title 45 section 153; title 47 section 402; title 49 sections 45, 1486, 1674b, 1675, 2005. § 1255. Court of Claims; certiorari; certified questions SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 25 section 70v-3.

§ 1256. Court of Customs and Patent Appeals; certio

rari

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 19 section 2395.

§ 1257. State courts; appeal; certiorari

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 3207; title 16 section 2633.

§ 1293. Bankruptcy appeals

(a) The courts of appeals shall have jurisdiction of appeals from all final decisions of panels designated under section 160(a) of this title.

(b) Notwithstanding section 1482 of this title, a court of appeals shall have jurisdiction of an appeal from a final judgment, order, or decree of an appellate panel created under section 160 or a District court of the United States or from a final judgment, order, or decree of a bankruptcy court of the United States if the parties to such appeal agree to a direct appeal to the court of appeals.

(Added Pub. L. 95-598, title II, § 236(a), Nov. 6, 1978, 92 Stat. 2667.)

PRIOR PROVISIONS

A prior section 1293, acts June 25, 1948, ch. 646, 62 Stat. 929; Mar. 18, 1959, Pub. L. 86-3, § 14(b), 73 Stat. 10, providing for appeal from the supreme court of Puerto Rico to the court of appeals for the First Circuit, was repealed by Pub. L. 87-189, § 3, Aug. 30, 1961, 75 Stat. 417. See section 1258 of this title.

EFFECTIVE DATE

Section effective Apr. 1, 1984, see section 402(b) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. For Bankruptcy jurisdiction and procedure during transition period, see note preceding section 1471 of this title.

§ 1294. Circuits in which decisions reviewable

Appeals from reviewable decisions of the district, bankruptcy, and territorial courts shall be taken to the courts of appeals as follows:

(1) From a district court of the United States to the court of appeals for the circuit embracing the district;

(2) From the United States District Court for the District of the Canal Zone, to the Court of Appeals for the Fifth Circuit;

(3) From the District Court of the Virgin Islands, to the Court of Appeals for the Third Circuit;

(4) From the District Court of Guam, to the Court of Appeals for the Ninth Circuit;

1980-Pub. L. 96-486, § 2(b), Dec. 1, 1980, 94 Stat. 2369, in item 1331 deleted "; amount in controversy; costs." following "question."

1978-Pub. L. 95-598, title II, § 238(b), Nov. 6, 1978, 92 Stat. 2668, substituted "Bankruptcy appeals" for "Bankruptcy matters and proceedings" in item 1334.

Pub. L. 95-572, § 6(b)(2), Nov. 2, 1978, 92 Stat. 2457, added item 1363 and redesignated former item 1363, which read "Construction of references to laws of the United States or Acts of Congress", as 1364.

Pub. L. 95-521, title VII, § 705(f)(2), Oct. 26, 1978, 92 Stat. 1880, added item 1364, reading "Senate actions". Pub. L. 95-486, § 9(c), Oct. 20, 1978, 92 Stat. 1634, substituted "Commerce and antitrust regulations; amount in controversy, costs" for "Commerce and antitrust regulations" in item 1337.

Pub. L. 95-393, §§ 7(b), 8(a)(2), Sept. 30, 1978, 92 Stat. 810, substituted "Consuls, vice consuls, and members of a diplomatic mission as defendant" for "Consuls and vice consuls as defendants" in item 1351 and added item 1364 reading "Direct actions against insurers of members of diplomatic missions and their families".

§ 1331. Federal question

The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.

(As amended Dec. 1, 1980, Pub. L. 96-486, § 2(a), 94 Stat. 2369.)

'So in original. Should be followed by a period.

AMENDMENTS

1980-Pub. L. 96-486 struck out “; amount in controversy; costs" in catchline, struck out minimum amount in controversy requirement of $10,000 for original jurisdiction in federal question cases which necessitated striking the exception to such required minimum amount that authorized original jurisdiction in actions brought against the United States, any agency thereof, or any officer or employee thereof in an official capacity, struck out provision authorizing the district court except where express provision therefore was made in a federal statute to deny costs to a plaintiff and in fact impose such costs upon such plaintiff where plaintiff was adjudged to be entitled to recover less than the required amount in controversy, computed without regard to set-off or counterclaim and exclusive of interests and costs, and struck out existing subsection designations.

EFFECTIVE DATE OF 1980 AMENDMENT; APPLICABILITY Section 4 of Pub. L. 96-486 provided: "This Act [amending this section and section 2072 of Title 15, Commerce and Trade, and enacting a provision set out as a note under section 1 of this title] shall apply to any civil action pending on the date of enactment of this Act [Dec. 1, 1980]."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 15 section 2064; title 42 section 405.

§ 1334. Bankruptcy appeals

(a) The district courts for districts for which panels have not been ordered appointed under section 160 of this title shall have jurisdiction of appeals from all final judgments, orders, and decrees of bankruptcy courts.

(b) The district courts for such districts shall have jurisdiction of appeals from interlocutory orders and decrees of bankruptcy courts, but only by leave of the district court to which the appeal is taken.

(c) A district court may not refer an appeal under that section to a magistrate or to a special master.

(As amended Nov. 6, 1978, Pub. L. 95-598, title II, § 238(a), 92 Stat. 2667.)

AMENDMENTS

1978-Pub. L. 95-598 substituted "Bankruptcy appeals" for "Bankruptcy matters and proceedings" as the section catchline and substituted subsecs. (a), (b), and (c) for former undesignated provisions comprising the section which had provided that the district courts had original jurisdiction, exclusive of the courts of the States, of all matters and proceedings in bankruptcy.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-598 effective Apr. 1, 1984, see section 402(b) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. For Bankruptcy jurisdiction and procedure during transition period, see note preceding section 1471 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1408 of this title.