[§ 2349]

ing unaffected by the action or inaction of the Attorney General.

§ 2349. Jurisdiction of the proceeding

(a) The court of appeals has jurisdiction of the proceeding on the filing and service of a petition to review. The court of appeals in which the record on review is filed, on the filing, has jurisdiction to vacate stay orders or interlocutory injunctions previously granted by any court, and has exclusive jurisdiction to make and enter, on the petition, evidence, and proceedings set forth in the record on review, a judgment determining the validity of, and enjoining, setting aside, or suspending, in whole or in part, the order of the agency.

(b) The filing of the petition to review does not of itself stay or suspend the operation of the order of the agency, but the court of appeals in its discretion may restrain or suspend, in whole or in part, the operation of the order pending the final hearing and determination of the petition. When the petitioner makes application for an interlocutory injunction restraining or suspending the enforcement, operation, or execution of, or setting aside, in whole or in part, any order reviewable under this chapter, at least 5 day's notice of the hearing thereon shall be given to the agency and to the Attorney General. In a case in which irreparable damage would otherwise result to the petitioner, the court of appeals may, on hearing, after reasonable notice to the agency and to the Attorney General, order a temporary stay or suspension, in whole or in part, of the operation of the order of the agency for not more than 60 days from the date of the order pending the hearing on the application for the interlocutory injunction, in which case the order of the court of appeals shall contain a specific finding, based on evidence submitted to the court of appeals, and identified by reference thereto, that irreparable damage would result to the petitioner and specifying the nature of damage. The court of appeals, at the time of hearing the application for an interlocutory injunction, on a like finding, may continue the temporary stay or suspension, in whole or in part, until decision on the application. The hearing on an application for an interlocutory injunction shall be given preference and expedited and shall be heard at the earliest practicable date after the expiration of the notice of hearing on the application. On the final hearing of any proceeding to review any order under this chapter,

the same requirements as to precedence and expedition apply.

§ 2350. Review in Supreme Court on certiorari or certification

(a) An order granting or denying an interlocutory injunction under section 2349(b) of this title and a final judgment of the court of appeals in a proceeding to review under this chapter are subject to review by the Supreme Court on a writ of certiorari as provided by section 1254(1) of this title. Application for the writ shall be made within 45 days after entry of the order and within 90 days after entry of the judgment, as the case may be. The United States, the agency, or an aggrieved party may file a petition for a writ of certiorari.

(b) The provisions of section 1254(3) of this title, regarding certification, and of section 2101(f) of this title, regarding stays, also apply to proceedings under this chapter.

§ 2351. Enforcement of orders by district courts

The several district courts have jurisdiction specifically to enforce, and to enjoin and restrain any person from violating any order issued under section 193 of title 7.

[§ 2351]

APPENDIX II

PUBLIC LAWS OF THE 98TH CONGRESS, PROVIDING OR AMENDING MARI-
TIME LAWS OF SPECIAL INTEREST TO THE MERCHANT MARINE AND
FISHERIES COMMITTEE

[Private Law 98-1-98th Congress]

AN ACT

To provide for the operation of certain foreign-built vessels in the coastwise trade of Alaska.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding section 27 of the Merchant Marine Act, 1920, or any other law restricting the coastwise trade to vessels of the United States, the vessels Yukon Princess I and ACT-100 may operate within the State of Alaska until November 6, 1985. The repair or reconstruction of either vessel is subject to the same requirements as a vessel qualified to engage in the coastwise trade.

SEC. 2. A vessel named in section 1 may continue to operate until November 6, 1990, if the owner of that vessel, before November 6, 1985, contracts to build or purchase a new comparable hovercraft vessel built in the United States.

Approved August 26, 1983.

[Public Law 98-44-98th Congress]

AN ACT

To make certain technical corrections in the Atlantic Salmon

Convention Act of 1982.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE II-MISCELLANEOUS PROVISIONS

SEC. 202. Notwithstanding any other provision of law, a corporation which, as of March 1, 1983, is a citizen of

Aug. 15, 1983 [H.R. 3329]

Department of Transportation and Related Agencies Appropriations Act, 1983.

the United States within the meaning of section 2 of the Shipping Act of 1916, as amended (46 App. U.S.C. 802), shall continue to be deemed a citizen of the United States within the meaning of said section and shall continue to be deemed an owner whose vessels are eligible for documentation under section 104 of the Vessel Documentation Act (46 U.S.C. 65b) notwithstanding the election and service of a resident alien as its president or chief executive officer: Provided, That such resident alien has, pursuant to the provisions of section 334(f) of the Immigration and Nationality Act (8 U.S.C. 1445(f)), filed with the Immigration and Naturalization Service of the United States Department of Justice, prior to July 1, 1983, an application to file declaration of intention to become a citizen of the United States.

(b) Any rights conferred by subsection (a) shall expire unless such resident alien has become a naturalized citizen by March 1, 1987.

Approved July 12, 1983.

LEGISLATIVE HISTORY-S. 925:

SENATE REPORT No. 98-78 (Comm. on Commerce, Science, and
Transportation).

CONGRESSIONAL RECORD, Vol. 129 (1983):

June 29, considered and passed Senate and House.

[Public Law 98-78-98th Congress]

AN ACT

Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1984, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Transportation and related agencies for the fiscal year ending September 30, 1984, and for other purposes, namely:

TITLE I-DEPARTMENT OF TRANSPORTATION

Vessels,

construction differential subsidies.

46 App. U.S.C. 1156.

SEC. 315. None of the funds provided in this Act for the Department of Transportation shall be used for the enforcement of any rule with respect to the repayment of construction differential subsidy for the permanent release of vessels from the restrictions in section 506 of the Merchant Marine Act, 1936, until days following the promulgation of any such rule.