§ 2321. Judicial review of Board’s orders and decisions; procedure generally; process

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1948

   Title 28, United States Code, section —

   Pub. L. 80–646 · 62 Stat. 869

   Enacted · 28 U.S.C. § 2321

   June 25, 1948, ch. 646, 62 Stat. 969

   Source evidence

   Code source credit
   June 25, 1948, ch. 646, 62 Stat. 969

2. 1975

   Pub. L. 93–584 § 5 · 88 Stat. 1917

   1. Amended · 28 U.S.C. § 2321(a)

      Pub. L. 93–584 designated existing provisions as subsecs. (b) and (c)

   2. Added · 28 U.S.C. § 2321(a)

      Pub. L. 93–584 added subsec. (a)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 93–584 designated existing provisions as subsecs. (b) and (c) and added subsec. (a).

   Enacted provision · exact public law section
   Sec. 5. Section 2321 of title 28, United States Code, is amended to read: “§2321. Judicial review of Commission’s orders and decisions; procedure generally; process “(a) Except as otherwise provided by an Act of Congress, a proceeding to enjoin or suspend, in whole or in part, a rule, regulation, or order of the Interstate Commerce Commission shall be brought in the court of appeals as provided by and in the manner prescribed in chapter 158 of this title. 28 USC 2341. “(b) The procedure in the district courts in actions to enforce, in whole or in part, any order of the Interstate Commerce Commission other than for payment of money or the collection of fines, penalties, and forfeitures, shall be as provided in this chapter. “(c) The orders, writs, and process of the district courts may, in the cases specified in subsection (b) and in the cases and proceedings 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 February 19, 1903, as amended (32 Stat. 848; 49 U.S.C. 43), run, be served and be Ante, p. 1709. returnable anywhere in the United States.”

3. 1975

   Pub. L. 93–584 § 5 · 88 Stat. 1917

   1. Amended · 28 U.S.C. § 2321(b)

      Pub. L. 93–584 designated existing first par. as subsec. (b)

   2. Substituted · 28 U.S.C. § 2321(b)

      Pub. L. 93–584 substituted “in whole or in part, any order of the Interstate Commerce Commission other than for”, for “suspend, enjoin, annual or set aside in whole or in part any order of the Interstate Commerce Commission other than for the”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 93–584 designated existing first par. as subsec. (b) and substituted “in whole or in part, any order of the Interstate Commerce Commission other than for”, for “suspend, enjoin, annual or set aside in whole or in part any order of the Interstate Commerce Commission other than for the”.

   Enacted provision · exact public law section
   Sec. 5. Section 2321 of title 28, United States Code, is amended to read: “§2321. Judicial review of Commission’s orders and decisions; procedure generally; process “(a) Except as otherwise provided by an Act of Congress, a proceeding to enjoin or suspend, in whole or in part, a rule, regulation, or order of the Interstate Commerce Commission shall be brought in the court of appeals as provided by and in the manner prescribed in chapter 158 of this title. 28 USC 2341. “(b) The procedure in the district courts in actions to enforce, in whole or in part, any order of the Interstate Commerce Commission other than for payment of money or the collection of fines, penalties, and forfeitures, shall be as provided in this chapter. “(c) The orders, writs, and process of the district courts may, in the cases specified in subsection (b) and in the cases and proceedings 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 February 19, 1903, as amended (32 Stat. 848; 49 U.S.C. 43), run, be served and be Ante, p. 1709. returnable anywhere in the United States.”

4. 1975

   Pub. L. 93–584 § 5 · 88 Stat. 1917

   1. Amended · 28 U.S.C. § 2321(c)

      Pub. L. 93–584 designated existing second par. as subsec. (c)

   2. Substituted · 28 U.S.C. § 2321(c)

      Pub. L. 93–584 substituted reference to subsec. (b) of this section for reference to this section

   3. Inserted · 28 U.S.C. § 2321(c)

      Pub. L. 93–584 inserted references to the dates of enactment, statute citations and code references of sections 20, 23 and 43 of Title 49

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 93–584 designated existing second par. as subsec. (c), substituted reference to subsec. (b) of this section for reference to this section, and inserted references to the dates of enactment, statute citations and code references of sections 20, 23 and 43 of Title 49.

   Enacted provision · exact public law section
   Sec. 5. Section 2321 of title 28, United States Code, is amended to read: “§2321. Judicial review of Commission’s orders and decisions; procedure generally; process “(a) Except as otherwise provided by an Act of Congress, a proceeding to enjoin or suspend, in whole or in part, a rule, regulation, or order of the Interstate Commerce Commission shall be brought in the court of appeals as provided by and in the manner prescribed in chapter 158 of this title. 28 USC 2341. “(b) The procedure in the district courts in actions to enforce, in whole or in part, any order of the Interstate Commerce Commission other than for payment of money or the collection of fines, penalties, and forfeitures, shall be as provided in this chapter. “(c) The orders, writs, and process of the district courts may, in the cases specified in subsection (b) and in the cases and proceedings 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 February 19, 1903, as amended (32 Stat. 848; 49 U.S.C. 43), run, be served and be Ante, p. 1709. returnable anywhere in the United States.”

5. 1978

   Pub. L. 95–473 § 2(a)(3)(B) · 92 Stat. 1337

   Substituted · 28 U.S.C. § 2321(c)

   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 February 19, 1903, as amended (32 Stat. 848; 49 U.S.C. 43)”

   Source evidence

   Code amendment note
   Subsec. (c). 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 February 19, 1903, as amended (32 Stat. 848; 49 U.S.C. 43)”.

   Enacted provision · exact public law section
   (B) by striking out of section 2321(c) “the cases and proceedings 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 February 19, 1903, as amended (32 Stat. 848; 49 U.S.C. 43)” and substituting “enforcement actions and actions to collect civil penalties under subtitle IV of title 49”; and

6. 1995

   ICC Termination Act of 1995

   Pub. L. 104–88 title III § 305(c)(1)(B) · 109 Stat. 803

   1. Substituted · 28 U.S.C. § 2321

      Pub. L. 104–88 substituted “Board’s” for “Commission’s” in subsecs. (a) and (b)

   2. Substituted · 28 U.S.C. § 2321

      Pub. L. 104–88 substituted “Surface Transportation Board” for “Interstate Commerce Commission” in subsecs. (a) and (b)

   Source evidence

   Code amendment note
   Pub. L. 104–88 substituted “Board’s” for “Commission’s” in section catchline and “Surface Transportation Board” for “Interstate Commerce Commission” in subsecs. (a) and (b).

   Enacted provision · exact public law section
   (B) by striking “Commission’s” in the section heading to section 2321 and inserting in lieu thereof “Board’s”;

   Effective date note
   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, Transportation.

10 of 11 references resolved to an enrolled provision · 1 partial