1919 
•AMDT. NO. 4805 
tion. The petition for review must be filed not 
later than 60 days after the date of the 
issuance of the final order of the Secretary. Re-
view shall conform to chapter 7 of title 5, 
United States Code. The commencement of pro-
ceedings under this subparagraph shall not, un-
less ordered by the court, operate as a stay of 
the order. 
‘‘(B) NO JUDICIAL REVIEW.—An order of 
the Secretary with respect to which review could 
have been obtained under subparagraph (A) 
shall not be subject to judicial review in any 
criminal or other civil proceeding. 
‘‘(6) FAILURE
TO
COMPLY
WITH
ORDER.— 
Whenever any person has failed to comply with an 
order issued under paragraph (3), the Secretary may 
file a civil action in the United States district court 
for the district in which the violation was found to 
occur, or in the United States district court for the 
District of Columbia, to enforce such order. In ac-
tions brought under this paragraph, the district 
courts shall have jurisdiction to grant all appropriate 
relief including, but not limited to, injunctive relief 
and compensatory damages. 
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1920 
•AMDT. NO. 4805 
‘‘(7) CIVIL
ACTION
TO
REQUIRE
COMPLI-
ANCE.— 
‘‘(A) IN GENERAL.—A person on whose be-
half an order was issued under paragraph (3) 
may commence a civil action against the person 
to whom such order was issued to require com-
pliance with such order. The appropriate 
United States district court shall have jurisdic-
tion, without regard to the amount in con-
troversy or the citizenship of the parties, to en-
force such order. 
‘‘(B) AWARD.—The court, in issuing any 
final order under this paragraph, may award 
costs of litigation (including reasonable attor-
neys’ and expert witness fees) to any party 
whenever the court determines such award is 
appropriate. 
‘‘(c) EFFECT OF SECTION.— 
‘‘(1) OTHER
LAWS.—Nothing in this section 
preempts or diminishes any other safeguards against 
discrimination, demotion, discharge, suspension, 
threats, harassment, reprimand, retaliation, or any 
other manner of discrimination provided by Federal 
or State law. 
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1921 
•AMDT. NO. 4805 
‘‘(2) RIGHTS OF EMPLOYEES.—Nothing in this 
section shall be construed to diminish the rights, 
privileges, or remedies of any employee under any 
Federal or State law or under any collective bar-
gaining agreement. The rights and remedies in this 
section may not be waived by any agreement, policy, 
form, or condition of employment. 
‘‘(d) ENFORCEMENT.—Any nondiscretionary duty 
imposed by this section shall be enforceable in a man-
damus proceeding brought under section 1361 of title 28, 
United States Code. 
‘‘(e) LIMITATION.—Subsection (a) shall not apply 
with respect to an employee of an entity engaged in the 
manufacture, processing, packing, transporting, distribu-
tion, reception, holding, or importation of food who, acting 
without direction from such entity (or such entity’s agent), 
deliberately causes a violation of any requirement relating 
to any violation or alleged violation of any order, rule, reg-
ulation, standard, or ban under this Act.’’. 
SEC. 6403. JURISDICTION; AUTHORITIES. 
Nothing in this Act, or an amendment made by this 
Act, shall be construed to— 
(1) alter the jurisdiction between the Secretary 
of Agriculture and the Secretary of Health and 
Human Services, under applicable statutes, regula-
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1922 
•AMDT. NO. 4805 
tions, or agreements regarding voluntary inspection 
of non-amenable species under the Agricultural Mar-
keting Act of 1946 (7 U.S.C. 1621 et seq.); 
(2) alter the jurisdiction between the Alcohol 
and Tobacco Tax and Trade Bureau and the Sec-
retary of Health and Human Services, under appli-
cable statutes and regulations; 
(3) limit the authority of the Secretary of 
Health and Human Services under— 
(A) the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 301 et seq.) as in effect on the 
day before the date of enactment of this Act; or 
(B) the Public Health Service Act (42 
U.S.C. 301 et seq.) as in effect on the day be-
fore the date of enactment of this Act; 
(4) alter or limit the authority of the Secretary 
of Agriculture under the laws administered by such 
Secretary, including— 
(A) the Federal Meat Inspection Act (21 
U.S.C. 601 et seq.); 
(B) the Poultry Products Inspection Act 
(21 U.S.C. 451 et seq.); 
(C) the Egg Products Inspection Act (21 
U.S.C. 1031 et seq.); 
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1923 
•AMDT. NO. 4805 
(D) the United States Grain Standards 
Act (7 U.S.C. 71 et seq.); 
(E) the Packers and Stockyards Act, 1921 
(7 U.S.C. 181 et seq.); 
(F) the United States Warehouse Act (7 
U.S.C. 241 et seq.); 
(G) the Agricultural Marketing Act of 
1946 (7 U.S.C. 1621 et seq.); and 
(H) the Agricultural Adjustment Act (7 
U.S.C. 601 et seq.), reenacted with the amend-
ments made by the Agricultural Marketing 
Agreement Act of 1937; or 
(5) alter, impede, or affect the authority of the 
Secretary of Homeland Security under the Home-
land Security Act of 2002 (6 U.S.C. 101 et seq.) or 
any other statute, including any authority related to 
securing the borders of the United States, managing 
ports of entry, or agricultural import and entry in-
spection activities. 
SEC. 6404. COMPLIANCE WITH INTERNATIONAL AGREE-
MENTS. 
Nothing in this Act (or an amendment made by this 
Act) shall be construed in a manner inconsistent with the 
agreement establishing the World Trade Organization or 
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1924 
•AMDT. NO. 4805 
any other treaty or international agreement to which the 
United States is a party. 
SEC. 6405. DETERMINATION OF BUDGETARY EFFECTS. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go-Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, jointly submitted for printing in the Congressional 
Record by the Chairmen of the House and Senate Budget 
Committees, provided that such statement has been sub-
mitted prior to the vote on passage in the House acting 
first on this conference report or amendment between the 
Houses. 
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