An Act to amend sections 2072 and 2112 of title 28, United States Code, with respect to the scope of the Federal Rules of Civil Procedure and to repeal inconsistent legislation.
PL 89-773 (S.3254), enacted 11/06/1966

80 STAT. ] 
PUBLIC LAW 89-773-NOV. 6, 1966 
1323 
Public Law 89-773 
A N A C T 
November 6, 1966 
To amend sections 2072 and 2112 of title 28, United States Code, with respect to 
'^^°^^^'*J 
the scope of the Federal Rules of Civil Procedure and to repeal inconsistent 
legislation. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress asserribled^ That the catchline of^^i^ir^ Rules 
and first paragraph of section 2072 of title 28 of the United States Code Procedure. 
are amended so as to read as follows: 
"§2072. Rules of civil procedure 
JATS.W^IT 
"The Supreme Court shall have the power to prescribe by general o
^ appeals. 
rules, the forms of process, writs, pleadings, and motions, and the 
practice and procedure of the district courts and courts of appeals of 
the United States in civil actions, including admiralty and maritime 
cases, and appeals therein, and the practice and procedure in proceed-
ings for the review by the courts of appeals of decisions of the Tax 
Court of the United States and for the judicial review or enforcement 
of orders of administrative agencies, boards, commissions, and officers." 
SEC. 2. Sections 2073 and 2074 of title 28 of the United States Code 
^^P^^^-
are repealed, but their repeal shall not operate to invalidate or repeal 
rules adopted under the authority of one of those sections prior to 
the enactment of this Act, which rules shall remain in effect until 
superseded by rules prescribed under the authority of section 2072 
of title 28 of the United States Code as amended by this Act. 
SEC. 3. Item 2072 in the analysis of chapter 131 of title 28 of the 
ITnited Sta'es Code, appearing immediately preceding section 2071 
thereof, is amended so as to read as follows: 
"Sec. 2072. Rules of civil procedure.", 
and items 2073 and 2074 are stricken from such analysis. 
SEC. 4. Section 2352 of title 28 of the United States Code and item 
J^^J,-. 624. 
2352 in the analysis of chapter 158 of title 28 of the United States 
Code, are repealed, but its repeal shall not operate to invalidate or 
repeal rules adopted under the authority of that section prior to the 
enactment of this Act, which rules shall remain in effect until super-
seded by rules prescribed under the authority of section 2072 of title 28 
of the t'ni(ed S\ates Code as amended by this Act. 
SEC. 5. (a) The first sentence of subsection (a) of section 2112 of 
Agency orders. 
title 28 of the United States Code is amended to read as follows: 
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"The rules prescribed under the authority of section 2072 of this title ^^^l^^tvl^mlnT^ 
may proA'ide for the time and manner of filing and the contents of the 
record in all proceedings instituted in the courts of appeals to enjoin, 
set aside, suspend, modify, or otherwise review or enforce orders of 
administrative agencies, boards, commissions, and officers." 
(b) The first sentence of subsection (b) of section 2112 of title 28 
of the United States Code is amended by striking out the phrase "the 
said rules of the court of appeals" and striking out the phrase "the 
rules of such court" and inserting in lieu of each of such phrases the 
phrase "the rules prescribed under the authority of section 2072 of 
this title". 
(c) 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, which rules shall remain in effect until superseded by rules 
prescribed under the authority of section 2072 of title 28 of the ITnited 
States Code as amended by this Act. 
Approved November 6, 1966.