Page:United States Statutes at Large Volume 108 Part 6.djvu/376

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108 STAT. 4944 PUBLIC LAW 103-465—DEC. 8, 1994 parties to the investigation, including an agreement to present the matter for EU'bitration; (B) by inserting the following after the third sentence: "A respondent may raise any counterclaim in a manner prescribed by the Commission. Inmiediately after a counterclaim is received by the Commission, the respondent raising such counterclaim shall file a notice of removal with a United States district court in which venue for any of the counterclaims raised by the party would exist under section 1391 of title 28, United States Code. Any counterclaim raised pursuant to this section shall relate back to the date of the original complaint in the proceeding before the Commission. Action on such counterclaim shall not delay or affect the proceeding under this section, including the legal and equitable defenses that may be raised under this subsection."; and (C) by adding at the end the following: "Determinations by the Commission under subsections (e), (f), and ^) with respect to forfeiture of bonds and under subsection (h) with respect to the imposition of sanctions for abuse of discovery or abuse of process shall also be reviewable in accordance with section 706 of title 5, United States Code.". (3) ENTRY UNDER BOND.— Subsection (e) is amended— (A) in the last sentence of paragraph (1) by striking "determined by the Commission" and all that follows through the end of the sentence and inserting "prescribed by the Secretary in an amount determined by the Commission to be sufficient to protect the complainant from any injury. If the Commission later determines that the respondent has violated the provisions of this section, the bond may be forfeited to the complainant"; (B) by adding at the end of paragraph (2) the following: "If the Commission later determines tnat the respondent has not violated the provisions of this section, the bond may be forfeited to the respondent."; and (C) by adding at the end the following new paragraph: "(4) The Commission shall prescribe the terms and conditions under which bonds may be forfeited under paragraphs (1) and (2).". (4) CEASE AND DESIST ORDERS.— Subsection (f)(1) is amended by adding at the end the following: "If a temporary cease and desist order is issued in addition to, or in lieu of, an exclusion order under subsection (e), the Commission may require the complainant to post a bond, in an amount determined by the Commission to be sufficient to protect the respondent from any injury, as a prerequisite to the issuance of an order under this subsection. If the Commission later determines that the respondent has not violated the provisions of this section, the bond may be forfeited to the respondent. The Commission shall prescribe the terms and conditions under which the bonds may be forfeited under this paragraph.". (5) CONDITIONS APPLICABLE FOR GENERAL EXCLUSION ORDERS.—(A) Subsection (d) is amended— (i) by inserting "(1)" before "If; (ii) in the first sentence by striking "there is violation" and inserting "there is a violation"; and (iii) by adding at the end the following new paragraph: