Page:United States Statutes at Large Volume 96 Part 2.djvu/796

 96 STAT. 2158

PUBLIC LAW 97-424—JAN. 6, 1983

shall be deemed a final order which is not subject to judicial review. Final order. Upon the conclusion of such hearing, the Secretary of Labor shall issue a final order within one hundred and twenty days. In the interim, such proceedings may be terminated at any time on the basis of a settlement agreement entered into by the Secretary of Labor, the complainant, and the person alleged to have committed the violation. Complainant, (B) If, in response to a complaint filed under paragraph (1) of this reinstatement to subsection, the Secretary of Labor determines that a violation of former position. subsection (a) or (b) of this section has occurred, the Secretary of Labor shall order (i) the person who committed such violation to take affirmative action to abate the violation, (ii) such person to reinstate the complainant to the complainsmt's former position together with the compensation (including back pay), terms, conditions, and privileges of the complainant's employment, and (iii) compensatory damages. If such an order is issued, the Secretary of Labor, at the request of the complainant may assess against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including attorney's fees) reasonably incurred, as determined by the Secretary of Labor, by the complednant for, or in connection with, the bringing of the complaint upon which the order was issued. Review. (d)(1) Any person adversely affected or aggrieved by an order issued after a hearing under subsection (c) of this section 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 such person resided on the date of such violation. The petition for review must be filed within sixty days from the issuance of the Secretary of Labor's order. Such review shall be in accordance with the provisions of 5 USC 101 etseq. chapter 7 of title 5, United States Code, and shall be heard and decided expeditiously. (2) An order of the Secretary of Labor, with respect to which review could have been obtained under this section, shall not be subject to judicial review in any criminal or other civil proceeding. Civil action. (e) Whenever a person heis failed to comply with an order issued under subsection (c)(2) of this section, the Secretary of Labor shall file a civil action in the United States district court for the district in which the violation was found to occur in order to enforce such order. In actions brought under this subsection, the district courts shall have jurisdiction to grant all appropriate relief, including injunctive relief, reinstatement, and compensatory damages. Civil actions brought under this subsection shall be heard and decided expeditiously. MINIMUM FINANCIAL RESPONSIBILITY FOR MOTOR CARRIERS 49 USC 10927 note.

SEC. 406. (a) Section 30 of the Motor Carrier Act of 1980 is amended in subsections (a) and (b) by striking out "two-year period" each place it appears and inserting in lieu thereof "three and onehalf year period. (b) Section 3(Kc) of the Motor Carrier Act of 1980 is amended by striking out "(c) Financial" and inserting in lieu thereof "(c)(D Subject to paragraph (2) of this subsection, financial" and by adding at the end thereof the following new paragraph: "(2)(A) Any person domiciled in any contiguous foreign country who provides transportation by motor vehicle to which any of the

�