129 
‘‘(ii) restore the terms, conditions, and 
privileges associated with his or her employ-
ment; and 
‘‘(C) to provide compensatory damages to 
the complainant. 
If such an order is issued under this paragraph, the 
Secretary or the court, at the request of the complain-
ant, shall assess against the person against whom the 
order is issued a sum equal to the aggregate amount 
of all costs and expenses (including attorney and ex-
pert witness fees) reasonably incurred, as determined 
by the Secretary, by the complainant for, or in con-
nection with, the bringing of the complaint upon 
which the order was issued. 
‘‘(d) RIGHTS RETAINED BY EMPLOYEE.—Nothing in 
this section shall be deemed to diminish the rights, privi-
leges, or remedies of any employee under any Federal or 
State law or under any collective bargaining agreement. 
The rights and remedies in this section may not be waived 
by any agreement, policy, form, or condition of employ-
ment.’’. 
SEC. 213. EXTRATERRITORIAL JURISDICTION. 
(a) PROHIBITED ACT.—Section 301 (21 U.S.C. 331), 
as amended by sections 110, 111, 133, 136, and 204, is 
amended by adding at the end the following: 
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‘‘(uu) The production, manufacture, processing, prepa-
ration, packing, holding, or distribution of an adulterated 
or misbranded food with the knowledge or intent that such 
article will be imported into the United States.’’. 
(b) JURISDICTION.—Chapter III (21 U.S.C. 331 et 
seq.), as amended by section 211, is amended by adding 
at the end the following: 
‘‘SEC. 312. EXTRATERRITORIAL JURISDICTION. 
‘‘There is extraterritorial Federal jurisdiction over any 
violation of this Act relating to any article of food if such 
article was intended for import into the United States or 
if any act in furtherance of the violation was committed 
in the United States.’’. 
SEC. 214. SUPPORT FOR TRAINING INSTITUTES. 
The Secretary of Health and Human Services, acting 
through the Commissioner of Food and Drugs, shall provide 
financial and other assistance to appropriate entities to es-
tablish and maintain one or more university-affiliated food 
protection training institutes that— 
(1) conduct training related to food protection 
activities for Federal, State, local, territorial, and 
tribal officials; and 
(2) meet standards developed by the Secretary. 
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131 
SEC. 215. BISPHENOL A IN FOOD AND BEVERAGE CON-
TAINERS. 
(a) NOTICE OF DETERMINATION.—No later than De-
cember 31, 2009, the Secretary of Health and Human Serv-
ices shall notify the Congress whether the available scientific 
data support a determination that there is a reasonable cer-
tainty of no harm, for infants, young children, pregnant 
women, and adults, for approved uses of polycarbonate 
plastic and epoxy resin made with bisphenol A in food and 
beverage containers, including reusable food and beverage 
containers, under the conditions of use prescribed in current 
Food and Drug Administration regulations. 
(b) NOTICE OF ACTIONS TO BE TAKEN.—If the Sec-
retary concludes that such a determination cannot be made 
for any approved use, the Secretary shall notify the Con-
gress of the actions the Secretary intends to take under the 
Secretary’s authority to regulate food additives to protect 
the public health, which may include— 
(1) revoking or modifying any of the approved 
uses of bisphenol A in food and beverage containers, 
including reusable food and beverage containers; and 
(2) ensuring that the public is sufficiently in-
formed of such determination and the steps the public 
may take in response to such determination. 
(c) RULE OF CONSTRUCTION.—Nothing herein is in-
tended or shall be construed to modify existing Food and 
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Drug Administration authority, procedures, or policies for 
assessing scientific data, making safety determinations, or 
regulating the safe use of food additives. 
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Union Calendar No. 130 
111TH CONGRESS 
1ST SESSION 
H. R. 2749 
[Report No. 111–234] 
A BILL 
To amend the Federal Food, Drug, and Cosmetic 
Act to improve the safety of food in the global 
market, and for other purposes. 
JULY 29, 2009 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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