§ 2342. Jurisdiction of court of appeals

Footnotes

1. 1 See References in Text note below.

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. 1966

   Pub. L. 89–554 § 4(e) · 80 Stat. 378

   Enacted · 28 U.S.C. § 2342

   Added Pub. L. 89–554, § 4(e), Sept. 6, 1966, 80 Stat. 622

   Source evidence

   Code source credit
   Added Pub. L. 89–554, § 4(e), Sept. 6, 1966, 80 Stat. 622

   Enacted provision · exact public law section
   (e) Part VI of title 28, United States Code, is amended by inserting after chapter 157: “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 petitions; 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 certification. “2351. Enforcement of orders by district courts. “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, reviewable 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 Atomic Energy Commission, as the case may be; “(B) the Secretary, when the order was entered by the Secretary of Agriculture and “(C) the Administration, when the order was entered by the Maritime Administration. “§ 2342. Jurisdiction of court of appeals “The court of appeals 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 Communications Commission made reviewable by section 402(a) of title 47; “(2) all final orders of the Secretary of Agriculture made under chapters 9 and 20A of title 7, except orders issued under sections 210(e), 217a, and 499g(a) of title 7; “(3) such final orders of the Federal Maritime Commission or the Maritime Administration entered under chapters 23 and 23A of title 46 as are subject to judicial review under section 830 of title 46; and “(4) all final orders of the Atomic Energy Commission made reviewable by section 2239 of title 42. Jurisdiction is invoked by filing a petition as provided by section 2344 of this title. “§ 2343. Venue “The venue of a proceeding under this chapter is in the judicial circuit in which the petitioner resides or has its principal office, or in the United States Court of Appeals for the District of Columbia Circuit. “§ 2344. Review of orders; time; notice; contents of petition; service “On the entry of a final order reviewable under this chapter, the agency shall promptly give notice thereof by service or publication in accordance with its rules. Any party aggrieved by the final order may, within 60 days after its entry, file a petition to review the order in the court of appeals wherein venue lies. The action shall be against the United States. The petition shall contain a concise statement of— “(1) the nature of the proceedings as to which review is sought; “(2) the facts on which venue is based; “(3) the grounds on which relief is sought; and “(4) the relief prayed. The petitioner shall attach to the petition, as exhibits, copies of the order, report, or decision of the agency. The clerk shall serve a true copy of the petition on the agency and on the Attorney General by registered mail, with request for a return receipt. “§ 2345. Prehearing conference “The court of appeals may hold a prehearing conference or direct a judge of the court to hold a prehearing conference. “§ 2346. Certification of record on review “Unless the proceeding has been terminated on a motion to dismiss the petition, the agency shall file in the office of the clerk the record on review as provided by section 2112 of this title. “§ 2347. Petitions to review; proceedings “(a) Unless determined on a motion to dismiss, petitions to review orders reviewable under this chapter are heard in the court of appeals on the record of the pleadings, evidence adduced, and proceedings before the agency, when the agency has held a hearing whether or not required to do so by law. “(b) When the agency has not held a hearing before taking the action of which review is sought by the petition, the court of appeals shall determine whether a hearing is required by law. After that determination, the court shall— “(1) remand the proceedings to the agency to hold a hearing, when a hearing is required by law; “(2) pass on the issues presented, when a hearing is not required by law and it appears from the pleadings and affidavits filed by the parties that no genuine issue of material fact is presented; or “(3) transfer the proceedings to a district court for the district in which the petitioner resides or has its principal office for a hearing and determination as if the proceedings were originally initiated in the district court, when a hearing is not required by law and a genuine issue of material fact is presented. The procedure in these cases in the district court is governed by the Federal Rules of Civil Procedure. 28 USC app. “(c) If a party to a proceeding to review applies to the court of appeals in which the proceeding is pending for leave to adduce additional evidence and shows to the satisfaction of the court that— “(1) the additional evidence is material; and “(2) there were reasonable grounds for failure to adduce the evidence before the agency; the court may order the additional evidence and any counterevidence the opposite party desires to offer to be taken by the agency. The agency may modify its findings of fact, or make new findings, by reason of the additional evidence so taken, and may modify or set aside its order, and shall file in the court the additional evidence, the modified findings or new findings, and the modified order or the order setting aside the original order. “§ 2348. Representation in proceeding; intervention “The Attorney General is responsible for and has control of the interests of the Government in all court proceedings under this chapter. The agency, and any party in interest in the proceeding before the agency whose interests will be affected if an order of the agency is or is not enjoined, set aside, or suspended, may appear as parties thereto of their own motion and as of right, and be represented by counsel in any proceeding to review the order. Communities, associations, corporations, firms, and individuals, whose interests are affected by the order of the agency, may intervene in any proceeding to review the order. The Attorney General may not dispose of or discontinue the proceeding to review over the object ion of any party or intervenor, but any intervenor may prosecute, defend, or continue the proceeding 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 days’ 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 the 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. “§ 2352. Rules “The several courts of appeals shall adopt and promulgate rules, subject to the approval of the Judicial Conference of the United States, governing the practice and procedure, including prehearing conference procedure, in proceedings to review orders under this chapter.”

2. 1975

   Pub. L. 93–584 § 4 · 88 Stat. 1917

   Added · 28 U.S.C. § 2342(5)

   Pub. L. 93–584 added par. (5)

   Source evidence

   Code amendment note
   Par. (5). Pub. L. 93–584 added par. (5).

   Enacted provision · exact public law section
   Sec. 4. Section 2342 of title 28, United States Code, is amended as follows: (a) In the paragraph designated “(3)”, following the semicolon, strike “and”; (b) In the paragraph designated “(4)”, strike the period and insert in lieu thereof a semicolon followed by the word “and”; (c) Add a new paragraph “(5)” as follows: “(5) all rules, regulations, or final orders of the Interstate Commerce Commission made reviewable by section 2321 of this title.” Infra.

3. 1978

   Pub. L. 95–454 title II § 206 · 92 Stat. 1111

   Added · 28 U.S.C. § 2342(6)

   Pub. L. 95–454 added par. (6)

   Source evidence

   Code amendment note
   Par. (6). Pub. L. 95–454 added par. (6).

   Enacted provision · exact public law section
   Sec. 206. Section 2342 of title 28, United States Code, is amended— (1) by striking out “and” at the end of paragraph (4), (2) by striking out the period at the end of paragraph (5) and inserting in lieu thereof “ ; and”, and (3) by adding at the end thereof the following new paragraph: “(6) all final orders of the Merit Systems Protection Board except as provided for in section 7703 (b) of title 5.”. Ante, p. 1143.

4. 1980

   Household Goods Transportation Act of 1980

   Pub. L. 96–454 § 8(b)(2) · 94 Stat. 2011

   Inserted · 28 U.S.C. § 2342(5)

   Pub. L. 96–454 inserted “and all final orders of such Commission made reviewable under section 11901(i)(2) of title 49, United States Code” after “section 2321 of this title”

   Source evidence

   Code amendment note
   Par. (5). Pub. L. 96–454 inserted “and all final orders of such Commission made reviewable under section 11901(i)(2) of title 49, United States Code” after “section 2321 of this title”.

   Enacted provision · exact public law section
   (2) Section 2342(5) of title 28, United States Code, is amended by inserting “and all final orders of such Commission made reviewable under section 11901(i)(2) of title 49, United States Code” after “section 2321 of this title”.

5. 1982

   Federal Courts Improvement Act of 1982

   Pub. L. 97–164 title I § 137 · 96 Stat. 25

   1. Inserted · 28 U.S.C. § 2342

      Pub. L. 97–164 inserted “(other than the United States Court of Appeals for the Federal Circuit)” after “court of appeals” in provisions preceding par. (1)

   2. Struck · 28 U.S.C. § 2342

      Pub. L. 97–164 struck out par. (6) which had given the court of appeals jurisdiction in cases involving all final orders of the Merit Systems Protection Board except as provided for in section 7703(b) of title 5. See section 1295(a)(9) of this title

   Source evidence

   Code amendment note
   Pub. L. 97–164 inserted “(other than the United States Court of Appeals for the Federal Circuit)” after “court of appeals” in provisions preceding par. (1), and struck out par. (6) which had given the court of appeals jurisdiction in cases involving all final orders of the Merit Systems Protection Board except as provided for in section 7703(b) of title 5. See section 1295(a)(9) of this title.

   Enacted provision · exact public law section
   Sec. 137. court of appeals jurisdiction Section 2342 of title 28, United States Code, is amended— (1) by inserting “(other than the United States Court of Appeals for the Federal Circuit)” after “court of appeals”; (2) in paragraph (4), by inserting “and” after the semicolon; (3) in paragraph (5), by striking out “; and” and inserting in lieu thereof a period; and (4) by striking out paragraph (6).

6. 1984

   Motor Carrier Safety Act of 1984

   Pub. L. 98–554 title II § 227(a)(4) · 98 Stat. 2829

   Substituted · 28 U.S.C. § 2342(5)

   Pub. L. 98–554 substituted “11901(j)(2)” for “11901(i)(2)”

   Source evidence

   Code amendment note
   Par. (5). Pub. L. 98–554 substituted “11901(j)(2)” for “11901(i)(2)”.

   Enacted provision · exact public law section
   (4) Section 2342(5) of title 28, United States Code, is amended by striking out “11901(i)(2)” and inserting in lieu thereof “11901(j)(2)”.

7. 1986

   Pub. L. 99–336 § 5(a) · 100 Stat. 633

   Amended · 28 U.S.C. § 2342(3)

   Pub. L. 99–336 amended par. (3) generally. Prior to amendment, par. (3) read as follows: “such final orders of the Federal Maritime Commission or the Maritime Administration entered under chapters 23 and 23A of title 46 as are subject to judicial review under section 830 of title 46;”

   Source evidence

   Code amendment note
   Par. (3). Pub. L. 99–336 amended par. (3) generally. Prior to amendment, par. (3) read as follows: “such final orders of the Federal Maritime Commission or the Maritime Administration entered under chapters 23 and 23A of title 46 as are subject to judicial review under section 830 of title 46;”.

   Enacted provision · exact public law section
   (a) Section 2342 Amendment.— Section 2342(3) of title 28, United States Code, is amended to read as follows: “(3) all rules, regulations, or final orders of— “(A) the Secretary of Transportation issued pursuant to section 2, 9, 37, 41, or 43 of the Shipping Act, 1916 (46 U.S.C. App. 802, 803, 808, 835, 839, and 841a); and “(B) the Federal Maritime Commission issued pursuant to— “(i) section 23, 25, or 43 of the Shipping Act, 1916 (46 U.S.C. App. 822, 824, or 841a); “(ii) section 19 of the Merchant Marine Act, 1920 (46 U.S.C. App. 876); “(iii) section 2, 3, 4, or 5 of the Intercoastal Shipping Act, 1933 (46 U.S.C. App. 844, 845, 845a, or 845b); “(iv) section 14 or 17 of the Shipping Act of 1984 (46 U.S.C. App. 1713 or 1716); or “(v) section 2(d) or 3(d) of the Act of November 6, 1966 (46 U.S.C. App. 817d(d) or 817e(d);”.

8. 1988

   Fair Housing Amendments Act of 1988

   Pub. L. 100–430 § 11(a) · 102 Stat. 1619

   Added · 28 U.S.C. § 2342(6)

   Pub. L. 100–430 added par. (6)

   Source evidence

   Code amendment note
   Par. (6). Pub. L. 100–430 added par. (6).

   Enacted provision · exact public law section
   (a) Jurisdiction.— Section 2342 of title 28, United States Code, is amended— (1) by striking out “and” at the end of paragraph (4); (2) by striking out the period at the end of paragraph (5) and inserting “; and” in lieu thereof; and (3) by inserting after paragraph (5) but before the matter beginning “Jurisdiction is invoked” the following: “(6) all final orders under section 812 of the Fair Housing Act.”.

9. 1992

   Rail Safety Enforcement and Review Act

   Pub. L. 102–365 § 5(c)(2) · 106 Stat. 972

   Added · 28 U.S.C. § 2342(7)

   Pub. L. 102–365, which directed the addition of par. (7) at end, was executed by adding par. (7) after par. (6) and before concluding provisions, to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Par. (7). Pub. L. 102–365, which directed the addition of par. (7) at end, was executed by adding par. (7) after par. (6) and before concluding provisions, to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (2) Section 2342 of title 28, United States Code, is amended— (A) by striking “and” at the end of paragraph (5); (B) by striking the period at the end of paragraph (6) and inserting in lieu thereof“; and”; and (C) by adding at the end the following new paragraph: “(7) all final agency actions described in section 202(f) of the Federal Railroad Safety Act of 1970.”.

10. 1994

    Pub. L. 103–272 § 5(h) · 108 Stat. 745

    Substituted · 28 U.S.C. § 2342(7)

    Pub. L. 103–272 substituted “section 20114(c) of title 49” for “section 202(f) of the Federal Railroad Safety Act of 1970”

    Source evidence

    Code amendment note
    Par. (7). Pub. L. 103–272 substituted “section 20114(c) of title 49” for “section 202(f) of the Federal Railroad Safety Act of 1970”.

    Enacted provision · exact public law section
    (h) Section 2342(7) of title 28, United States Code, is amended by striking “section 202(f) of the Federal Railroad Safety Act of 1970” and substituting “section 20114(c) of title 49”.

11. 1995

    ICC Termination Act of 1995

    Pub. L. 104–88 § 305(d)(6) · 109 Stat. 803

    1. Amended · 28 U.S.C. § 2342(3)(A)

       Pub. L. 104–88, § 305(d)(6), as amended by Pub. L. 104–287

    2. Inserted · 28 U.S.C. § 2342(3)(A)

       Pub. L. 104–88, § 305(d)(6), as inserted “or pursuant to part B or C of subtitle IV of title 49” before the semicolon

    Source evidence

    Code amendment note
    Par. (3)(A). Pub. L. 104–88, § 305(d)(6), as amended by Pub. L. 104–287, inserted “or pursuant to part B or C of subtitle IV of title 49” before the semicolon.

    Enacted provision · exact public law section
    (6) by inserting “or pursuant to part B or (C) of subtitle IV of title 49” before the semicolon at the end of section 2342(3)(A);

12. 1995

    ICC Termination Act of 1995

    Pub. L. 104–88 § 305(d)(5) · 109 Stat. 803

    Substituted · 28 U.S.C. § 2342(3)(A)

    Pub. L. 104–88, § 305(d)(5), substituted “or 41” for “41, or 43”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–88, § 305(d)(5), substituted “or 41” for “41, or 43”.

    Enacted provision · exact public law section
    (5) in section 2342(3)(A) by striking “41, or 43” and inserting in lieu thereof “or 41”;

13. 1995

    ICC Termination Act of 1995

    Pub. L. 104–88 § 305(d)(7) · 109 Stat. 803

    1. Redesignated · 28 U.S.C. § 2342(3)(B)

       Pub. L. 104–88, § 305(d)(7), redesignated cls. (ii), (iv), and (v) as (i), (ii), and (iii), respectively

    2. Struck · 28 U.S.C. § 2342(3)(B)

       Pub. L. 104–88, § 305(d)(7), struck out former cls. (i) and (iii) which read as follows:

    Source evidence

    Code amendment note
    Par. (3)(B). Pub. L. 104–88, § 305(d)(7), redesignated cls. (ii), (iv), and (v) as (i), (ii), and (iii), respectively, and struck out former cls. (i) and (iii) which read as follows:

    “(i) section 23, 25, or 43 of the Shipping Act, 1916 (46 U.S.C. App. 822, 824, or 841a); “(iii) section 2, 3, 4, or 5 of the Intercoastal Shipping Act, 1933 (46 U.S.C. App. 844, 845, 845a, or 845b);”.

    Enacted provision · exact public law section
    (7) in section 2342(3)(B)— (A) by striking clauses (i) and (iii); and (B) by redesignating clauses (ii), (iv), and (v) as clauses (i), (ii), and (iii), respectively; and

14. 1995

    ICC Termination Act of 1995

    Pub. L. 104–88 § 305(d)(8) · 109 Stat. 803

    1. Added · 28 U.S.C. § 2342(5)

       Pub. L. 104–88, § 305(d)(8), added par. (5)

    2. Struck · 28 U.S.C. § 2342(5)

       Pub. L. 104–88, § 305(d)(8), struck out former par. (5) which read as follows: “all rules, regulations, or final orders of the Interstate Commerce Commission made reviewable by section 2321 of this title and all final orders of such Commission made reviewable under section 11901(j)(2) of title 49, United States Code;”

    Source evidence

    Code amendment note
    Par. (5). Pub. L. 104–88, § 305(d)(8), added par. (5) and struck out former par. (5) which read as follows: “all rules, regulations, or final orders of the Interstate Commerce Commission made reviewable by section 2321 of this title and all final orders of such Commission made reviewable under section 11901(j)(2) of title 49, United States Code;”.

    Enacted provision · exact public law section
    (8) by striking paragraph (5) of section 2342 and inserting in lieu thereof the following: “(5) all rules, regulations, or final orders of the Surface Transportation Board made reviewable by section 2321 of this title;”.

15. 1996

    Pub. L. 104–287 § 6(f)(2) · 110 Stat. 3388

    Amended · 28 U.S.C. § 2342(3)(A)

    Pub. L. 104–287 amended Pub. L. 104–88, § 305(d)(6). See 1995 Amendment note below

    Source evidence

    Code amendment note
    Par. (3)(A). Pub. L. 104–287 amended Pub. L. 104–88, § 305(d)(6). See 1995 Amendment note below.

    Enacted provision · exact public law section
    (6) In section 702, strike “the effective date of such Act” and substitute “January 1, 1996”.

    Effective date note
    Pub. L. 104–287, § 6(f), Oct. 11, 1996, 110 Stat. 3399, provided that the amendment made by that section is effective Dec. 29, 1995.

16. 2005

    Motor Carrier Safety Reauthorization Act of 2005

    Pub. L. 109–59 title IV § 4125(a) · 119 Stat. 1144

    Inserted · 28 U.S.C. § 2342(3)(A)

    Pub. L. 109–59 inserted “, subchapter III of chapter 311, chapter 313, or chapter 315” before “of title 49”

    Source evidence

    Code amendment note
    Par. (3)(A). Pub. L. 109–59 inserted “, subchapter III of chapter 311, chapter 313, or chapter 315” before “of title 49”.

    Enacted provision · exact public law section
    (a) Jurisdiction of Court of Appeals Over Commercial Motor Vehicle Safety Regulation and Operators and Motor Carrier Safety.— Section 2342(3)(A) of title 28, United States Code, is amended by inserting before “of title 49” the following: “, subchapter III of chapter 311, chapter 313, or chapter 315”.

17. 2006

    Pub. L. 109–304 § 17(f)(3)(A) · 120 Stat. 1485

    Substituted · 28 U.S.C. § 2342(3)(A)

    Pub. L. 109–304, § 17(f)(3)(A), substituted “section 50501, 50502, 56101–56104, or 57109 of title 46” for “section 2, 9, 37, or 41 of the Shipping Act, 1916 (46 U.S.C. App. 802, 803, 808, 835, 839, and 841a)”

    Source evidence

    Code amendment note
    Par. (3)(A). Pub. L. 109–304, § 17(f)(3)(A), substituted “section 50501, 50502, 56101–56104, or 57109 of title 46” for “section 2, 9, 37, or 41 of the Shipping Act, 1916 (46 U.S.C. App. 802, 803, 808, 835, 839, and 841a)”.

    Enacted provision · exact public law section
    (A) in subparagraph (A), strike “section 2, 9, 37, or 41 of the Shipping Act, 1916 (46 U.S.C. App. 802, 803, 808, 835, 839, and 841a)” and substitute “section 50501, 50502, 56101–56104, or 57109 of title 46”; and

18. 2006

    Pub. L. 109–304 § 17(f)(3)(B) · 120 Stat. 1485

    1. Added · 28 U.S.C. § 2342(3)(B)

       Pub. L. 109–304, § 17(f)(3)(B), added subpar. (B)

    2. Struck · 28 U.S.C. § 2342(3)(B)

       Pub. L. 109–304, § 17(f)(3)(B), struck out former subpar. (B) which read as follows:

    Source evidence

    Code amendment note
    Par. (3)(B). Pub. L. 109–304, § 17(f)(3)(B), added subpar. (B) and struck out former subpar. (B) which read as follows:

    “(B) the Federal Maritime Commission issued pursuant to— “(i) section 19 of the Merchant Marine Act, 1920 (46 U.S.C. App. 876); “(ii) section 14 or 17 of the Shipping Act of 1984 (46 U.S.C. App. 1713 or 1716); or “(iii) section 2(d) or 3(d) of the Act of November 6, 1966 (46 U.S.C. App. 817d(d) or 817e(d);”.

    Enacted provision · exact public law section
    (B) strike subparagraph (B) and substitute the following: “(B) the Federal Maritime Commission issued pursuant to section 305, 41304, 41308, or 41309 or chapter 421 or 441 of title 46;” .

23 of 23 references resolved to an enrolled provision