Page:United States Statutes at Large Volume 122.djvu/3088

 12 2 STA T .3065PUBLIC LA W 110 – 31 4— AU G .14 , 200 8orde r is s u edu n der pa ra g rap h(3)m a y o bt ain re v ie w o f the order in the U nited S tates C ourt of A ppea l s for the c ircuit 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 .T he petition for review must be filed not later than 60 days after the date of the issuance of the final order of the Secretary. R eview 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 ) An order of the Secretary with respect to which review could have been obtained under subparagraph (A) shall not be sub j ect to judicial review in any criminal or other civil proceeding. ‘‘(6) W henever any person has failed to comply with an order issued under paragraph (3), the Secretary may file a civil action in the United States district court for the district in which the violation was found to occur, or in the United States district court for the D istrict of Columbia, to enforce such order. I n actions brought under this paragraph, the district courts shall have jurisdic - tion to grant all appropriate relief including, but not limited to, injunctive relief and compensatory damages. ‘‘(7)(A) A person on whose behalf an order was issued under paragraph (3) may commence a civil action against the person to whom such order was issued to re q uire compliance with such order. The appropriate United States district court shall have juris- diction, without regard to the amount in controversy or the citi z en- ship of the parties, to enforce such order. ‘‘(B) The court, in issuing any final order under this paragraph, may award costs of litigation (including reasonable attorneys ’ and e x pert witness fees) to any party whenever the court determines such award is appropriate. ‘‘(c) Any nondiscretionary duty imposed by this section shall be enforceable in a mandamus proceeding brought under section 1 361 of title 28, United States Code. ‘‘(d) Subsection (a) shall not apply with respect to an employee of a manufacturer, private labeler, distributor, or retailer who, acting without direction from such manufacturer, private labeler, distributor, or retailer (or such person’s agent), deliberately causes a violation of any requirement relating to any violation or alleged violation of any order, regulation, or consumer product safety standard under this Act or any other law enforced by the Commis- sion.’’. (b) C ONF O RMI N G AM E N D MEN T . — The table of contents, as amended by section 206 of this Act, is further amended by inserting after the item relating to section 3 9 the following

‘ Sec.40 . Whistl e b l ow e rp rotectio n . ’ ’. Subti t leC— S p e c i f ic Im p or t -Ex port P ro v i s io n s SEC.2 2 1 .E XPORT O F REC AL LE D A N D NON - CONFOR MI N G PROD U CTS. (a) IN G ENER AL .—Section 18 (15 U.S.C. 2067) is amended— (1) in subsection (b), by stri k ing ‘‘any product—’’ and all that follows through ‘‘promulgated under section 9,’’ and inserting ‘‘any product which is not in conformity with an Deadlin e .

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