49 
to the complainant’’ s former position together with the compensa- 
tion ( including back pay ), terms , conditions , and privileges of 
the complainant’s employment, ( Hi ) compensatory damages , and 
(iv) where appropriate exemplary damages. If such an order is 
issued , the Secretary , at the request of the complainant , shall 
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 Secre- 
tary, by the complainant for, or in connection with, the bringing 
of the complaint upon which the order was issued. 
“(Hi) Any person adversely affected or aggrieved by an order 
issued under subparagraph (i) may obtain review of the order. 
The petition for review must be filed within sixty days from the 
date of issuance of the Secretary’s order. Review shall conform 
to chapter 7 of title 5 of the United States Code. 
11 (iv) An order of the Secretary, with respect to which review 
could have been obtained under subparagraph (Hi), shall not 
be subject to judicial review in any criminal or other civil pro- 
ceeding. 
“(B) Whenever a person has failed to comply with an order 
issued wider subparagraph (i), the Secretary shall file a civil 
action in the United States district court for the district in which 
the violation was found to have occurred to enforce such order. 
In actions brought wider this paragraph, the district courts shall 
have jurisdiction to grant all appropriate relief, including in- 
junctive relief and compensatory and exemplary damages. Civil 
actions brought under this paragraph shall be heard and decided 
expeditiously. 
“(C) Subsection (a) of this section shall not apply with respect 
to any employee who, acting without direction from the em- 
ployee’s employer (or any agent of the employer ), deliberately 
causes a violation of any requirement of this Act. 
“ ADMINISTRATIVE PROVISIONS 
“Sec. 1816. (a) The Commission may for the purpose of carrying 
ou.t its duties hold such public hearings, sit and act at such times and 
places, take such testimony, and receive such evidence as the Commis- 
sion deems advisable. 
“(b)(1) The Commission may appoint and fix the compensation of 
such employees as it deems advisable, however , in no event may the 
Commission appoint more than fifty employees. 
“ (£) (A) The Commission may procure, in accordance with the pro- 
visions of section 3109 of title 5, United States Code , the temporary or 
intermittent services of experts or consultants. Persons so employed, 
shall receive compensation at a rate to be fixed by the Commission , but 
not exceeding for any day (including traveltime) the daily equivalent 
of the effective rate for Grade GS-18 of the General Schedule. 
“(B) While away from his home or regular place of business in the 
performance of services for the Commission, any such person may be 
allowed travel expenses, including per diem in lieu of subsistence, as 
authorized by section 5703(b) of title 5, United States Code, for per- 
sons in the Government service employed intermittently. 
S. Bep; 359-77 2 
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