Page:United States Statutes at Large Volume 123.djvu/320

 123STA T . 3 0 0 PUBLIC LA W 111 –5—FE B.1 7, 200 9(2)AGENCYA C TIO N .—Notla t er t h a n30d a ys a f ter re c e iv in g an ins p ector general report u nder su b section (b) , the head of the agency concerned shall deter m ine w hether there is suffi - cient basis to conclude that the non- F ederal employer has sub- j ected the complainant to a reprisal prohibited by subsection (a) and shall either issue an order denying relief in whole or in part or shall ta k e 1 or more of the following actions (A) O rder the employer to take affirmative action to abate the reprisal. ( B ) Order the employer to reinstate the person to the position that the person held before the reprisal, together with the compensation (including back pay), compensatory damages, employment benefits, and other terms and condi- tions of employment that would apply to the person in that position if the reprisal had not been taken. ( C ) Order the employer to pay the complainant an amount e q ual to the aggregate amount of all costs and e x penses (including attorneys ’ fees and expert witnesses’ fees) that were reasonably incurred by the complainant for, or in connection with, bringing the complaint regarding the reprisal, as determined by the head of the agency or a court of competent jurisdiction. (3) CI V I L ACTION.— I f the head of an agency issues an order denying relief in whole or in part under paragraph (1), has not issued an order within 210 days after the submission of a complaint under subsection (b), or in the case of an exten- sion of time under subsection (b)(2)(B)(i), within 30 days after the expiration of the extension of time, or decides under sub- section (b)(3) not to investigate or to discontinue an investiga- tion, and there is no showing that such delay or decision is due to the bad faith of the complainant, the complainant shall be deemed to have exhausted all administrative remedies with respect to the complaint, and the complainant may bring a de novo action at law or equity against the employer to seek compensatory damages and other relief available under this section in the appropriate district court of the U nited S tates, which shall have jurisdiction over such an action without regard to the amount in controversy. Such an action shall, at the request of either party to the action, be tried by the court with a jury. ( 4 ) JUD ICIAL EN F O R CE M ENT OF ORDER.— W henever a person fails to comply with an order issued under paragraph (2), the head of the agency shall file an action for enforcement of such order in the United States district court for a district in which the reprisal was found to have occurred. In any action brought under this paragraph, the court may grant appropriate relief, including injunctive relief, compensatory and exemplary damages, and attorneys fees and costs. ( 5 ) JUDICIAL REVIE W .—Any person adversely affected or aggrieved by an order issued under paragraph (2) may obtain review of the order’s conformance with this subsection, and any regulations issued to carry out this section, in the United States court of appeals for a circuit in which the reprisal is alleged in the order to have occurred. No petition seeking such review may be filed more than 6 0 days after issuance of the order by the head of the agency. R eview shall conform to chapter 7 of title 5, United States Code. Deadlin e . Deadline s . Deadline. De t e rm inati o n. R elie f orders.