; and (B) the applicable terms and conditions of employment. (2) Filing Any aggrieved person or organization, including a bargaining representative, may file a complaint referred to in paragraph (1) not later than 2 years after the date of the conduct that is the subject of the complaint. (3) Complaint not exclusive A complaint filed under this subsection is not an exclusive remedy and the filing of such a complaint does not waive any rights or remedies of the aggrieved party under this law or other laws. (4) Decision and remedies If the Secretary of Labor finds, after notice and opportunity for a hearing, that the employer failed to comply with the requirements of this Act, the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), or the terms and conditions of employment, the Secretary of Labor shall require payment of unpaid wages, unpaid benefits, damages, and civil money penalties. The Secretary is also authorized to impose other administrative remedies, including disqualification of the employer from utilizing the H–2B program for a period of up to 5 years in the event of willful or multiple material violations. The Secretary is authorized to permanently disqualify an employer from utilizing the H–2B program upon a subsequent finding involving willful or multiple material violations. (5) Disposition of penalties To the extent provided in advance in appropriations Acts, civil penalties collected under this subsection shall be used by the Secretary of Labor for the administration and enforcement of the provisions of this section. (6) Statutory construction Nothing in this subsection may be construed as limiting the authority of the Secretary of Labor to conduct an investigation in the absence of a complaint. (7) Retaliation prohibited It is a violation of this subsection for any person to intimidate, threaten, restrain, coerce, blacklist, discharge, or in any other manner discriminate against, or to cause any person to intimidate, threaten, restrain, coerce, blacklist, or in any manner discriminate