28 U.S.C. § 2113 — Definition

Page 515 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2113 1 So in original. 2 So in original. Probably should be capitalized. of the agency, board, commission, or officer con- cerned if needed for the transaction of the public business. Certified copies of any papers included in the record or any supplemental record may also be returned to the agency, board, commis- sion, or officer concerned upon the final deter- mination of review or enforcement proceedings. (d) The provisions of this section are not appli- cable to proceedings to review decisions of the Tax Court of the United States or to proceedings to review or enforce those orders of administra- tive agencies, boards, commissions, or officers which are by law reviewable or enforceable by the district courts. (Added Pub. L. 85–791, § 2, Aug. 28, 1958, 72 Stat. 941; amended Pub. L. 89–773, § 5(a), (b), Nov. 6, 1966, 80 Stat. 1323; Pub. L. 100–236, § 1, Jan. 8, 1988, 101 Stat. 1731.) Editorial Notes AMENDMENTS 1988—Subsec. (a). Pub. L. 100–236 substituted ‘‘If pro- ceedings are instituted in two or more courts of appeals with respect to the same order, the following shall apply:’’ and pars. (1) to (5) for ‘‘If proceedings have been instituted in two or more courts of appeals with respect to the same order the agency, board, commission, or of- ficer concerned shall file the record in that one of such courts in which a proceeding with respect to such order was first instituted. The other courts in which such proceedings are pending shall thereupon transfer them to the court of appeals in which the record has been filed. For the convenience of the parties in the interest of justice such court may thereafter transfer all the proceedings with respect to such order to any other court of appeals.’’ 1966—Subsec. (a). Pub. L. 89–773, § 5(a), substituted ‘‘The rules prescribed under the authority of section 2072 of this title may provide for the time and manner of filing’’ for ‘‘The several courts of appeal shall have power to adopt, with the approval of the Judicial Con- ference of the United States, rules, which so far as practicable shall be uniform in all such courts pre- scribing the time and manner of filing.’’ See section 2072 of this title. Subsec. (b). Pub. L. 89–773, § 5(b), substituted ‘‘the rules prescribed under the authority of section 2072 of this title’’ for ‘‘the said rules of the court of appeals’’ and for ‘‘the rules of such court’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–236, § 3, Jan. 8, 1988, 101 Stat. 1732, provided that: ‘‘The amendments made by this Act [amending this section and section 1369 of Title 33, Navigation and Navigable Waters] take effect 180 days after the date of the enactment of this Act [Jan 8, 1988], except that the judicial panel on multidistrict litigation may issue rules pursuant to subsection (a)(3) of section 2112 of title 28, United States Code (as added by section 1), on or after such date of enactment.’’ SAVINGS PROVISION Pub. L. 89–773, § 5(c), Nov. 6, 1966, 80 Stat. 1323, pro- vided that: ‘‘The amendments of section 2112 of title 28 of the United States Code made by this Act shall not operate to invalidate or repeal rules adopted under the authority of that section prior to the enactment of this Act [Nov. 6, 1966], which rules shall remain in effect until superseded by rules prescribed under the author- ity of section 2072 of title 28 of the United States Code as amended by this Act.’’ § 2113. Definition For purposes of this chapter, the terms ‘‘State court’’, ‘‘State courts’’, and ‘‘highest court of a State’’ include the District of Columbia Court of Appeals. (Added Pub. L. 91–358, title I, § 172(a)(2)(A), July 29, 1970, 84 Stat. 590.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective the first day of the seventh calendar month which begins after July 29, 1970, see section 199(a) of Pub. L. 91–358, set out as an Effective Date of 1970 Amendment note under section 1257 of this title. PART VI—PARTICULAR PROCEEDINGS Chap. Sec. 151. Declaratory Judgments ..................... 2201 153. Habeas Corpus ..................................... 2241 154. Special habeas corpus procedures in capital cases ................................. 2261.1 155. Injunctions; Three-Judge Courts .... 2281 157. Surface Transportation Board Or- ders; Enforcement and Review .... 2321 158. Orders of Federal Agencies; Re- view ..................................................... 2341 159. Interpleader .......................................... 2361 161. United States as Party Generally ... 2401 163. Fines, Penalties and Forfeitures ..... 2461 165. United States Court of Federal Claims Procedure ............................ 2501 [167. Repealed.] 169. Court of International Trade Pro- cedure ................................................. 2631 171. Tort Claims Procedure ...................... 2671 173. Attachment in Postal Suits ............... 2710 [175. Repealed.] 176. Federal Debt Collection Procedure 3001 178. Professional and Amateur Sports Protection .......................................... 3701 179. Judicial Review of Certain Actions by Presidential Offices ................... 3901 180. Assumption of Certain Contractual Obligations ........................................ 4001 181. Foreign judgments 2 ............................ 4101.1 190. Miscellaneous ....................................... 5001 SENATE REVISION AMENDMENT Chapters 169, 171 and 173 were renumbered ‘‘167’’, ‘‘169’’ and ‘‘171’’, respectively, without change in their section numbers, by Senate amendment. See 80th Con- gress Senate Report No. 1559. Editorial Notes AMENDMENTS 2014—Pub. L. 113–287, § 4(b)(2), Dec. 19, 2014, 128 Stat. 3261, added item for chapter 190. 2010—Pub. L. 111–223, § 3(c), Aug. 10, 2010, 124 Stat. 2384, added item for chapter 181. 2000—Pub. L. 106–310, div. B, title XXXIV, § 3405(c)(2), Oct. 17, 2000, 114 Stat. 1221, struck out item for chapter 175 ‘‘Civil Commitment and Rehabilitation of Narcotic Addicts’’. 1998—Pub. L. 105–304, title IV, § 406(b), Oct. 28, 1998, 112 Stat. 2905, added item for chapter 180.