Page:United States Statutes at Large Volume 102 Part 2.djvu/622

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 1626 Contracts.

Public information.


PUBLIC LAW 100-430—SEPT. 13, 1988

"(b) INVESTIGATIVE REPORT AND CONCILIATION.—(1) During the period beginning with the filing of such complaint and ending with the filing of a charge or a dismissal by the Secretary, the Secretary shall, to the extent feasible, engage in conciliation with respect to such complaint. "(2) A conciliation agreement arising out of such conciliation shall be an agree^nent between the respondent and the complainant, and shall be subject to approval by the Secretary. "(3) A conciliation agreement may provide for binding arbitration of the dispute arising from the complaint. Any such arbitration that results from a conciliation agreement may award appropriate relief, including monetary relief. "(4) Each conciliation agreement shall be made public unless the complainant and respondent otherwise agree and the Secretary determines that disclosure is not required to further the purposes of this title. "(5)(A) At the end of each investigation under this section, the Secretary shall prepare a final investigative report containing— "(i) the names and dates of contacts with witnesses; "(ii) a summary and the dates of correspondence and other contacts with the aggrieved person and the respondent; "(iii) a summary description of other pertinent records; "(iv) a summary of witness statements; and "(v) answers to interrogatories. "(B) A final report under this paragraph may be amended if additional evidence is later discovered. "(c) FAILURE TO COMPLY WITH CONCIUATION AGREEMENT.—When-

ever the Secretary has reasonable cause to believe that a respondent has breached a conciliation agreement, the Secretary shall refer the matter to the Attorney General with a recommendation that a civil action be filed under section 814 for the enforcement of such agreement. "(d) PROHIBITIONS AND REQUIREMENTS WITH RESPECT TO DISCLOSURE OF INFORMATION.—(1) Nothing said or done in the course of

conciliation under this title may be made public or used as evidence in a subsequent proceeding under this title without the written consent of the persons concerned. "(2) Notwithstanding paragraph (1), the Secretary shall make available to the aggrieved person and the respondent, at any time, upon request following completion of the Secretary's investigation, information derived from an investigation and any final investigative report relating to that investigation. "(e) PROMPT JUDICIAL ACTION.—(1) If the Secretary concludes at

any time following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this title, the Secretary may authorize a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint under this section. Upon receipt of such an authorization, the Attorney General shall promptly commence and maintain such an action. Any temporary restraining order or other order granting preliminary or temporary relief shall be issued in accordance with the Federal Rules of Civil Procedure. The commencement of a civil action under this subsection does not affect the initiation or continuation of administrative proceedings under this section and section 812 of this title. "(2) Whenever the Secretary has reason to believe that a basis may exist for the commencement of proceedings against any