; and (ii) the employer is found. (3) Attorney's fees The court shall award an attorney's fee (including expert fees) that the court determines reasonable as part of the costs to a prevailing party in a civil action under paragraph (1). (4) Limitation on private action while action of Secretary is pending If the Secretary or the attorney general of a State has instituted an enforcement action under subsection (b), an individual employee may not bring an action under this subsection during the pendency of the proceeding against any person with respect to whom the Secretary has instituted the proceeding. (b) Enforcement actions (1) Actions by the Secretary (A) Civil actions The Secretary may bring an action in any court of competent jurisdiction to recover on behalf of an employee remedies described in subsection (a)(1). (B) Sums recovered Any sums recovered by the Secretary on behalf of an employee under subsection (a)(1) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each employee affected. Any such sums not paid to an employee because of inability to do so within a period of 3 years shall be credited as an offsetting collection to the appropriations account of the Secretary for expenses for the administration of this Act and shall remain available to the Secretary until expended. (C) Action to compel relief by Secretary The district courts of the United States shall have jurisdiction, for cause shown, over an action brought by the Secretary to restrain the withholding of payment of back pay, benefits, or other compensation, plus interest, found by the court to be due to employees under this Act. (2) State enforcement In any case in which the attorney general of a State has reason to believe that an interest of employees of that State has been or is threatened or adversely affected by a violation of this Act, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the employees of the State in an appropriate State court or