Page:United States Statutes at Large Volume 116 Part 4.djvu/564

 116 STAT. 2992 PUBLIC LAW 107-355—DEC. 17, 2002 may award to the prevailing employer a reasonable attorney's fee not exceeding $1,000. " (4) REVIEW.— " (A) APPEAL TO COURT OF APPEALS. — Any person adversely affected or aggrieved by an order issued under paragraph (3) may obtain review of the order in the United States Court of Appeals for the circuit in which the violation, with respect to which the order was issued, allegedly occurred or the circuit in which the complainant resided on the date of such violation. The petition for review must be filed not later than 60 days after the date of issuance of the final order of the Secretary of Labor. Review shall conform to chapter 7 of title 5, United States Code. The commencement of proceedings under this subparagraph shall not, unless ordered by the court, operate as a stay of the order. "(B) LIMITATION ON COLLATERAL ATTACK.— An order of the Secretary of Labor with respect to which review could have been obtained under subparagraph (A) shall not be subject to judicial review in any criminal or other civil proceeding. " (5) ENFORCEMENT OF ORDER BY SECRETARY OF LABOR. — Whenever any person has failed to comply with an order issued under paragraph (3), the Secretary of Labor may file a civil action in the United States district court for the district in which the violation was found to occur to enforce such order. In actions brought under this paragraph, the district courts shall have jurisdiction to grant all appropriate relief, including, but not to be limited to, injunctive relief and compensatory damages. "(6) ENFORCEMENT OF ORDER BY PARTIES. — "(A) COMMENCEMENT OF ACTION.—^A person on whose behalf an order was issued under paragraph (3) may commence a civil action against the person or persons to whom such order was issued to require compliance with such order. The appropriate United States district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such order. "(B) ATTORNEY FEES.— The court, in issuing any final order under this paragraph, may award costs of litigation (including reasonable attorney and expert witness fees) to any party whenever the court determines such award of costs is appropriate. "(c) MANDAMUS. —Any nondiscretionary duty imposed by this section shall be enforceable in a mandamus proceeding brought under section 1361 of title 28, United States Code. "(d) NONAPPLICABILITY TO DELIBERATE VIOLATIONS.— Subsection (a) shall not apply with respect to an action of an employee of an employer who, acting without direction from the employer (or such employer's agent), deliberately causes a violation of any requirement relating to pipeline safety under this chapter or any other law of the United States.". (b) CIVIL PENALTY. —Section 60122(a) is amended by adding at the end the following: "(3) A person violating section 60129, or an order issued thereunder, is liable to the Government for a civil penalty of not more

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