12 U.S.C. § 2267 — Jurisdiction and enforcement

Page 1368 TITLE 12—BANKS AND BANKING § 2267 modify, terminate, or set aside any such order with permission of the court. (b) Judicial review; commencement of pro- ceedings; filing of petition and record; exclu- sive jurisdiction; finality of judgment and de- cree Any party to the proceeding, or any person re- quired by an order issued under this part to cease and desist from any of the violations or practices stated therein, may obtain a review of any order served under subsection (a) (other than an order issued with the consent of the System institution or the director or officer or other person concerned, or an order issued under section 2265 of this title) by the filing in the court of appeals of the United States for the cir- cuit in which the home office of the institution is located, or in the United States Court of Ap- peals for the District of Columbia Circuit, with- in thirty days after the date of service of such order, a written petition praying that the order of the Farm Credit Administration be modified, terminated, or set aside. A copy of such petition shall be forthwith transmitted by the clerk of the court to the Farm Credit Administration, and thereupon the Farm Credit Administration shall file in the court the record in the pro- ceeding, as provided in section 2112 of title 28. Upon the filing of such petition, such court shall have jurisdiction, which upon the filing of the record shall except as provided in the last sen- tence of subsection (a) be exclusive, to affirm, modify, terminate, or set aside, in whole or in part, the order of the Farm Credit Administra- tion. Review of such proceedings shall be had as provided in chapter 7 of title 5. The judgment and decree of the court shall be final, except that the same shall be subject to review by the Supreme Court upon certiorari, as provided in section 1254 of title 28. (c) Proceedings operating as stays of orders The commencement of proceedings for judicial review under subsection (b) shall not, unless spe- cifically ordered by the court, operate as a stay of any order issued by the Farm Credit Adminis- tration. (Pub. L. 92–181, title V, § 5.30, as added Pub. L. 99–205, title II, § 204, Dec. 23, 1985, 99 Stat. 1699; amended Pub. L. 100–233, title VIII, § 805(cc), Jan. 6, 1988, 101 Stat. 1717.) Editorial Notes PRIOR PROVISIONS A prior section 5.30 of Pub. L. 92–181 was renumbered section 5.44 and transferred from section 2260 to section 2275 of this title, prior to repeal by Pub. L. 115–334, title V, § 5411(36), Dec. 20, 2018, 132 Stat. 4683. AMENDMENTS 1988—Subsec. (a). Pub. L. 100–233 substituted ‘‘this section’’ for ‘‘this subsection (g)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective thirty days after Dec. 23, 1985, see section 401 of Pub. L. 99–205, set out as an Effective Date of 1985 Amendment note under section 2001 of this title. § 2267. Jurisdiction and enforcement The Farm Credit Administration may in its discretion apply to the United States district court, or the United States court of any terri- tory, within the jurisdiction of which the home office of the institution is located, for the en- forcement of any effective and outstanding no- tice or order issued under this part, and such courts shall have jurisdiction and power to order and require compliance herewith; but except as otherwise provided in this part no court shall have jurisdiction to affect by injunction or oth- erwise the issuance or enforcement of any notice or order under this part, or to review, modify, suspend, terminate, or set aside any such notice or order. For purposes of this section, any direc- tive issued under section 2154(b)(2), 2154a(e), or 2202a(h) of this title shall be treated as an effec- tive and outstanding order issued under section 2261 of this title that has become final. (Pub. L. 92–181, title V, § 5.31, as added Pub. L. 99–205, title II, § 204, Dec. 23, 1985, 99 Stat. 1700; amended Pub. L. 100–233, title VIII, § 804(a)(1), Jan. 6, 1988, 101 Stat. 1714; Pub. L. 115–334, title V, § 5411(32), Dec. 20, 2018, 132 Stat. 4683.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–334 substituted ‘‘2202a(h)’’ for ‘‘2202a(i)’’. 1988—Pub. L. 100–233 inserted at end ‘‘For purposes of this section, any directive issued under section 2154(b)(2), 2154a(e), or 2202a(i) of this title shall be treat- ed as an effective and outstanding order issued under section 2261 of this title that has become final.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective thirty days after Dec. 23, 1985, see section 401 of Pub. L. 99–205, set out as an Effective Date of 1985 Amendment note under section 2001 of this title. § 2267a. Jurisdiction over institution-affiliated parties (a) In general For purposes of sections 2261, 2262, and 2268 of this title, the jurisdiction of the Farm Credit Administration over parties, and the authority of the Farm Credit Administration to initiate actions, shall include enforcement authority over institution-affiliated parties. (b) Effect of separation on jurisdiction and au- thority Subject to subsection (c), the resignation, ter- mination of employment or participation, or separation of an institution-affiliated party (in- cluding a separation caused by the merger, con- solidation, conservatorship, or receivership of a Farm Credit System institution) shall not affect the jurisdiction and authority of the Farm Cred- it Administration to issue any notice or order and proceed under this part against that party. (c) Limitation To proceed against a party under subsection (b), the notice or order described in that sub- section shall be served not later than 6 years