124 STAT. 2035 PUBLIC LAW 111–203—JULY 21, 2010 (5) FAILURE TO COMPLY WITH ORDER.— (A) ACTIONS BY THE SECRETARY.—If any person has failed to comply with a final order issued under paragraph (4), the Secretary of Labor may file a civil action in the United States district court for the district in which the violation was found to have occurred, 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 appro- priate relief including injunctive relief and compensatory damages. (B) CIVIL ACTIONS TO COMPEL COMPLIANCE.—A person on whose behalf an order was issued under paragraph (4) 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. (C) AWARD OF COSTS AUTHORIZED.—The court, in issuing any final order under this paragraph, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate. (D) MANDAMUS PROCEEDINGS.—Any nondiscretionary duty imposed by this section shall be enforceable in a mandamus proceeding brought under section 1361 of title 28, United States Code. (d) UNENFORCEABILITY OF CERTAIN AGREEMENTS.— (1) NO WAIVER OF RIGHTS AND REMEDIES.—Except as pro- vided under paragraph (3), and notwithstanding any other provision of law, the rights and remedies provided for in this section may not be waived by any agreement, policy, form, or condition of employment, including by any predispute arbitration agreement. (2) NO PREDISPUTE ARBITRATION AGREEMENTS.—Except as provided under paragraph (3), and notwithstanding any other provision of law, no predispute arbitration agreement shall be valid or enforceable to the extent that it requires arbitration of a dispute arising under this section. (3) EXCEPTION.—Notwithstanding paragraphs (1) and (2), an arbitration provision in a collective bargaining agreement shall be enforceable as to disputes arising under subsection (a)(4), unless the Bureau determines, by rule, that such provi- sion is inconsistent with the purposes of this title. SEC. 1058. EFFECTIVE DATE. This subtitle shall become effective on the designated transfer date. Subtitle F—Transfer of Functions and Personnel; Transitional Provisions SEC. 1061. TRANSFER OF CONSUMER FINANCIAL PROTECTION FUNC - TIONS. (a) DEFINED TERMS.—For purposes of this subtitle— 12 USC 5581. 12 USC 5561 note. Regulation.
