Page:United States Statutes at Large Volume 124.djvu/3997

 124 STAT. 3971 PUBLIC LAW 111–353—JAN. 4, 2011 date of such violation. The petition for review must be filed not later than 60 days after the date of the issuance of the final order of the Secretary. Review shall conform to chapter 7 of title 5, United States Code. The commence- ment of proceedings under this subparagraph shall not, unless ordered by the court, operate as a stay of the order. ‘‘(B) NO JUDICIAL REVIEW.—An order of the Secretary 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. ‘‘(6) FAILURE TO COMPLY WITH ORDER.—Whenever any per- son 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 District of Columbia, to enforce such order. In actions brought under this paragraph, the district courts shall have jurisdiction to grant all appropriate relief including, but not limited to, injunc- tive relief and compensatory damages. ‘‘(7) CIVIL ACTION TO REQUIRE COMPLIANCE.— ‘‘(A) IN GENERAL.—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 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) AWARD.—The court, in issuing any final order under this paragraph, may award costs of litigation (including reasonable attorneys’ and expert witness fees) to any party whenever the court determines such award is appropriate. ‘‘(c) EFFECT OF SECTION.— ‘‘(1) OTHER LAWS.—Nothing in this section preempts or diminishes any other safeguards against discrimination, demo- tion, discharge, suspension, threats, harassment, reprimand, retaliation, or any other manner of discrimination provided by Federal or State law. ‘‘(2) RIGHTS OF EMPLOYEES.—Nothing in this section shall be construed to diminish the rights, privileges, or remedies of any employee under any Federal or State law or under any collective bargaining agreement. The rights and remedies in this section may not be waived by any agreement, policy, form, or condition of employment. ‘‘(d) ENFORCEMENT.—Any nondiscretionary duty imposed by this section shall be enforceable in a mandamus proceeding brought under section 1361 of title 28, United States Code. ‘‘(e) LIMITATION.—Subsection (a) shall not apply with respect to an employee of an entity engaged in the manufacture, processing, packing, transporting, distribution, reception, holding, or importa- tion of food who, acting without direction from such entity (or such entity’s agent), deliberately causes a violation of any require- ment relating to any violation or alleged violation of any order, rule, regulation, standard, or ban under this Act.’’. Deadline.