28 U.S.C. § 2341 — Definitions

Page 589 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2341 objection of such party or intervenor, who may prosecute, defend, or continue said action or proceeding unaffected by the action or non- action of the Attorney General therein. (June 25, 1948, ch. 646, 62 Stat. 970; May 24, 1949, ch. 139, § 116, 63 Stat. 105; Pub. L. 93–584, § 6, Jan. 2, 1975, 88 Stat. 1917; Pub. L. 95–473, § 2(a)(3)(C), Oct. 17, 1978, 92 Stat. 1465; Pub. L. 104–88, title III, § 305(c)(1)(C), (D), Dec. 29, 1995, 109 Stat. 945.) HISTORICAL AND REVISION NOTES 1948 ACT Based on title 28, U.S.C., 1940 ed., § 45a (Mar. 3, 1911, ch. 231, §§ 212, 213, 36 Stat. 1150, 1151; Oct. 22, 1913, ch. 32, 38 Stat. 220). The provision in the second sentence of section 45a of title 28, U.S.C., 1940 ed., authorizing the Attorney Gen- eral to employ and compensate special attorneys was omitted as covered by sections 503 and 508 [now 543 and 548] of this title. The provision in the same sentence authorizing the court to make rules for the conduct and procedure of actions under this section were omit- ted as covered by the Federal Rules of Civil Procedure and section 2071 of this title relating to authority of district courts to promulgate local rules of procedure. The last paragraph of section 45a of title 28, U.S.C., 1940 ed., was omitted as merely repetitive of the lan- guage immediately following the first proviso. Word ‘‘action’’ was substituted for ‘‘suit’’ in con- formity with Rule 2 of the Federal Rules of Civil Proce- dure. Changes were made in phraseology. 1949 ACT This section corrects, in section 2323 of title 28, U.S.C., the reference to certain sections in title 49, U.S.C. The provisions which were formerly set out as section 49 of such title 49 are now set out as section 23 of such title. Editorial Notes AMENDMENTS 1995—Pub. L. 104–88 substituted ‘‘Surface Transpor- tation Board’’ for ‘‘Interstate Commerce Commission’’ and substituted ‘‘the Board’’ for ‘‘the Commission’’ in two places. 1978—Pub. L. 95–473 substituted ‘‘enforcement actions and actions to collect civil penalties under subtitle IV of title 49’’ for ‘‘actions under section 20 of the Act of February 4, 1887, as amended (24 Stat. 386; 49 U.S.C. 20), section 23 of the Act of May 16, 1942, as amended (56 Stat. 301; 49 U.S.C. 23), and section 3 of the Act of Feb- ruary 19, 1903, as amended (32 Stat. 848; 49 U.S.C. 43)’’ in first par. 1975—Pub. L. 93–584 struck out reference to the dis- trict courts and the Supreme Court of the United States upon appeal from the district courts as the courts in which the Attorney General can represent the United States in first par. 1949—Act May 24, 1949, substituted ‘‘20, 23, and 43’’ for ‘‘20, 43, and 49’’ in first par. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transpor- tation. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 93–584 not applicable to ac- tions commenced on or before last day of first month beginning after Jan. 2, 1975, and actions to enjoin or suspend orders of Interstate Commerce Commission which are pending when this amendment becomes effec- tive shall not be affected thereby, but shall proceed to final disposition under the law existing on the date they were commenced, see section 10 of Pub. L. 93–584, set out as a note under section 2321 of this title. [§§ 2324, 2325. Repealed. Pub. L. 93–584, § 7, Jan. 2, 1975, 88 Stat. 1918] Section 2324, act June 25, 1948, ch. 646, 62 Stat. 970, re- lated to power of court to restrain or suspend operation of orders of Interstate Commerce Commission pending final hearing and determination of action. Section 2325, act June 25, 1948, ch. 646, 62 Stat. 970, re- lated to requirement of a three judge district court to hear and determine interlocutory or permanent injunc- tions restraining enforcement, operation or execution of orders of Interstate Commerce Commission. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal applicable to actions commenced on or before last day of first month beginning after Jan. 2, 1975, and actions to enjoin or suspend orders of Interstate Com- merce Commission which are pending when this repeal becomes effective shall not be affected thereby, but shall proceed to final disposition under the law existing on the date they were commenced, see section 10 of Pub. L. 93–584, set out as an Effective Date of 1975 Amendment note under section 2321 of this title. CHAPTER 158—ORDERS OF FEDERAL AGENCIES; REVIEW Sec. 2341. Definitions. 2342. Jurisdiction of court of appeals. 2343. Venue. 2344. Review of orders; time; notice; contents of pe- tition; service. 2345. Prehearing conference. 2346. Certification of record on review. 2347. Petitions to review; proceedings. 2348. Representation in proceeding; intervention. 2349. Jurisdiction of the proceeding. 2350. Review in Supreme Court on certiorari or cer- tification. 2351. Enforcement of orders by district courts. [2352, 2353. Repealed.] Editorial Notes AMENDMENTS 1982—Pub. L. 97–164, title I, § 138, Apr. 2, 1982, 96 Stat. 42, struck out item 2353 ‘‘Decision of the Plant Variety Protection Office’’. 1966—Pub. L. 89–773, § 4, Nov. 6, 1966, 80 Stat. 1323, struck out item 2352 ‘‘Rules’’. § 2341. Definitions As used in this chapter— (1) ‘‘clerk’’ means the clerk of the court in which the petition for the review of an order, reviewable under this chapter, is filed; (2) ‘‘petitioner’’ means the party or parties by whom a petition to review an order, review- able under this chapter, is filed; and (3) ‘‘agency’’ means— (A) the Commission, when the order sought to be reviewed was entered by the Federal Communications Commission, the Federal Maritime Commission, or the Atom- ic Energy Commission, as the case may be; (B) the Secretary, when the order was en- tered by the Secretary of Agriculture or the Secretary of Transportation; Page 590 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2342 1 See References in Text note below. (C) the Administration, when the order was entered by the Maritime Administra- tion; (D) the Secretary, when the order is under section 812 of the Fair Housing Act; and (E) the Board, when the order was entered by the Surface Transportation Board. (Added Pub. L. 89–554, § 4(e), Sept. 6, 1966, 80 Stat. 622; amended Pub. L. 93–584, § 3, Jan. 2, 1975, 88 Stat. 1917; Pub. L. 100–430, § 11(b), Sept. 13, 1988, 102 Stat. 1635; Pub. L. 102–365, § 5(c)(1), Sept. 3, 1992, 106 Stat. 975; Pub. L. 104–88, title III, § 305(d)(1)–(4), Dec. 29, 1995, 109 Stat. 945.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large ..................... 5 U.S.C. 1031. Dec. 29, 1950, ch. 1189, § 1, 64 Stat. 1129. Aug. 30, 1954, ch. 1073, § 2(a), 68 Stat. 961. Subsection (a) of former section 1031 of title 5 is omit- ted as unnecessary because the term ‘‘court of appeals’’ as used in title 28 means a United States Court of Ap- peals and no additional definition is necessary. In paragraph (3), reference to the United States Mari- time Commission is omitted because that Commission was abolished by 1950 Reorg. Plan No. 21, § 306, eff. May 24, 1950, 64 Stat. 1277. Reference to ‘‘Federal Maritime Commission’’ is substituted for ‘‘Federal Maritime Board’’ on authority of 1961 Reorg. Plan No. 7, eff. Aug. 12, 1961, 75 Stat. 840. Editorial Notes REFERENCES IN TEXT Section 812 of the Fair Housing Act, referred to in par. (3)(D), is classified to section 3612 of Title 42, The Public Health and Welfare. AMENDMENTS 1995—Par. (3)(A). Pub. L. 104–88, § 305(d)(1), struck out ‘‘the Interstate Commerce Commission,’’ after ‘‘Mari- time Commission,’’. Par. (3)(E). Pub. L. 104–88, § 305(d)(2)–(4), added subpar. (E). 1992—Par. (3)(B). Pub. L. 102–365 inserted ‘‘or the Sec- retary of Transportation’’ after ‘‘Secretary of Agri- culture’’. 1988—Par. (3)(D). Pub. L. 100–430 added subpar. (D). 1975—Par. (3)(A). Pub. L. 93–584 inserted reference to the Interstate Commerce Commission. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transpor- tation. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–430 effective on the 180th day beginning after Sept. 13, 1988, see section 13(a) of Pub. L. 100–430, set out as a note under section 3601 of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 93–584 not applicable to ac- tions commenced on or before last day of first month beginning after Jan. 2, 1975, and actions to enjoin or suspend orders of Interstate Commerce Commission which are pending when this amendment becomes effec- tive shall not be affected thereby, but shall proceed to final disposition under the law existing on the date they were commenced, see section 10 of Pub. L. 93–584, set out as a note under section 2321 of this title. TRANSFER OF FUNCTIONS Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See, also, Transfer of Func- tions notes set out under those sections. § 2342. Jurisdiction of court of appeals The court of appeals (other than the United States Court of Appeals for the Federal Circuit) has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of— (1) all final orders of the Federal Commu- nication Commission made reviewable by sec- tion 402(a) of title 47; (2) all final orders of the Secretary of Agri- culture made under chapters 9 and 20A of title 7, except orders issued under sections 210(e), 217a, and 499g(a) of title 7; (3) all rules, regulations, or final orders of— (A) the Secretary of Transportation issued pursuant to section 50501, 50502, 56101–56104, or 57109 of title 46 or pursuant to part B or C of subtitle IV, subchapter III of chapter 311, chapter 313, or chapter 315 of title 49; and (B) the Federal Maritime Commission issued pursuant to section 305,1 41304, 41308, or 41309 or chapter 421 or 441 of title 46; (4) all final orders of the Atomic Energy Commission made reviewable by section 2239 of title 42; (5) all rules, regulations, or final orders of the Surface Transportation Board made re- viewable by section 2321 of this title; (6) all final orders under section 812 of the Fair Housing Act; and (7) all final agency actions described in sec- tion 20114(c) of title 49. Jurisdiction is invoked by filing a petition as provided by section 2344 of this title. (Added Pub. L. 89–554, § 4(e), Sept. 6, 1966, 80 Stat. 622; amended Pub. L. 93–584, § 4, Jan. 2, 1975, 88 Stat. 1917; Pub. L. 95–454, title II, § 206, Oct. 13, 1978, 92 Stat. 1144; Pub. L. 96–454, § 8(b)(2), Oct. 15, 1980, 94 Stat. 2021; Pub. L. 97–164, title I, § 137, Apr. 2, 1982, 96 Stat. 41; Pub. L. 98–554, title II, § 227(a)(4), Oct. 30, 1984, 98 Stat. 2852; Pub. L. 99–336, § 5(a), June 19, 1986, 100 Stat. 638; Pub. L. 100–430, § 11(a), Sept. 13, 1988, 102 Stat. 1635; Pub. L. 102–365, § 5(c)(2), Sept. 3, 1992, 106 Stat. 975; Pub. L. 103–272, § 5(h), July 5, 1994, 108 Stat. 1375; Pub. L. 104–88, title III, § 305(d)(5)–(8), Dec. 29, 1995, 109 Stat. 945; Pub. L. 104–287, § 6(f)(2), Oct. 11, 1996, 110 Stat. 3399; Pub. L. 109–59, title IV, § 4125(a), Aug. 10, 2005, 119 Stat. 1738; Pub. L. 109–304, § 17(f)(3), Oct. 6, 2006, 120 Stat. 1708.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large ..................... 5 U.S.C. 1032. Dec. 29, 1950, ch. 1189, § 2, 64 Stat. 1129. Aug. 30, 1954, ch. 1073, § 2(b), 68 Stat. 961.