Page:United States Statutes at Large Volume 100 Part 4.djvu/1033

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PUBLIC LAW 99-000—MMMM. DD, 1986

PUBLIC LAW 99-603—NOV. 6, 1986 r

100 STAT. 3379

judgment shall be final, except that the same shall be subject to review by the Supreme Court of the United States upon writ of certiorari or certification as provided in section 1254 of title 28, United States Code. "(j) COURT ENFORCEMENT OF ADMINISTRATIVE ORDERS.—

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"(1) IN GENERAL.—If an order of the agency is not appealed under subsection (i)(l), the Special Counsel (or, if the Special Counsel fails to act, the person filing the charge) may petition the United States district court for the district in which a violation of the order is alleged to have occurred, or in which the respondent resides or transacts business, for the enforcement of the order of the administrative law judge, by filing in such court a written petition praying that such order be enforced. "(2) COURT ENFORCEMENT ORDER.—Upon the filing of such petition, the court shall have jurisdiction to make and enter a decree enforcing the order of the administrative law judge. In such a proceeding, the order of the administrative law judge shall not be subject to review. "(3) ENFORCEMENT DECREE IN ORIGINAL REVIEW.—If, upon appeal of an order under subsection (i)(l), the United States court of appeals does not reverse such order, such court shall have the jurisdiction to make and enter a decree enforcing the order of the administrative law judge. "(4) AWARDING OF ATTORNEY'S FEES.—In any judicial proceed-

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ing under subsection (i) or this subsection, the court, in its discretion, may allow a prevailing party, other than the United States, a reasonable attorney's fee as part of costs but only if the losing party's argument is without reasonable foundation in law and fact. "(k) TERMINATION DATES.—

"(1) This section shall not apply to discrimination in hiring, recruiting, referring, or discharging of individuals occurring after the date of any termination of the provisions of section 274A, under subsection (1) of that section. Ante, p. 3360. "(2) The provisions of this section shall terminate 30 calendar days after receipt of the last report required to be transmitted under section 274A(j) if— "(A) the Comptroller General determines, and so reports ^^ * j v in such report that— ' ' "(i) no significant discrimination has resulted, against citizens or nationals of the United States or against any eligible workers seeking employment, from • the implementation of section 274A, or "(ii) such section has created an unreasonable burden on employers hiring such workers; and "(B) there has been enacted, within such period of 30 calendar days, a joint resolution stating in substance that the Congress approves the findings of the Comptroller General contained in such report. The provisions of subsections (m) and (n) of section 274A shall apply to any joint resolution under subparg^aph (B) in the same manner as they apply to a joint resolution under subsection (1) of such section.". (b) No EFFECT ON E E O C AUTHORITY.—Except as may be specifi- 8 USC I324b cally provided in this section, nothing in this section shall be ^°^construed to restrict the authority of the Equal Employment Opportunity Commission to investigate allegations, in writing and under oath or affirmation, of unlawful employment practices, as provided in section 706 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5), or any other authority provided therein.