106 
filing of the complaint and there is no showing 
that such delay is due to the bad faith of the 
claimant, or within 90 days after receiving a 
final decision or order from the Secretary, 
bringing an action at law or equity for de novo 
review in the appropriate district court of the 
United States, which court shall have jurisdic-
tion over such action without regard to the 
amount in controversy, and which action shall, 
at the request of either party to such action, be 
tried by the court with a jury. 
‘‘(2) PROCEDURE.— 
‘‘(A) IN
GENERAL.—Any action under 
paragraph (1) shall be governed under the rules 
and procedures set forth in section 42121(b) of 
title 49, United States Code. 
‘‘(B) EXCEPTION.—Notification in an ac-
tion under paragraph (1) shall be made in ac-
cordance with section 42121(b)(1) of title 49, 
United States Code, except that such notifica-
tion shall be made to the person named in the 
complaint and to the employer. 
‘‘(C) BURDENS
OF
PROOF.—An action 
brought under paragraph (1)(B) shall be gov-
erned by the legal burdens of proof set forth in 
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section 42121(b) of title 49, United States 
Code. 
‘‘(D) STATUTE OF LIMITATIONS.—An ac-
tion under paragraph (1) shall be commenced 
not later than 180 days after the date on which 
the violation occurs. 
‘‘(c) REMEDIES.— 
‘‘(1) IN GENERAL.—An employee prevailing in 
any action under subsection (b)(1) shall be entitled 
to all relief necessary to make the employee whole. 
‘‘(2) ISSUANCE OF ORDER.—If, in response to 
a complaint filed under paragraph (b)(1), the Sec-
retary of Labor or the district court, as applicable, 
determines that a violation of subsection (a) has oc-
curred, the Secretary or the court shall order the 
person who committed such violation— 
‘‘(A) to take affirmative action to abate 
the violation; 
‘‘(B) to— 
‘‘(i) reinstate the complainant to his 
or her former position together with com-
pensation (including back pay); and 
‘‘(ii) restore the terms, conditions, 
and privileges associated with his or her 
employment; and 
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108 
‘‘(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 com-
plainant, shall assess against the person against 
whom the order is issued a sum equal to the aggre-
gate amount of all costs and expenses (including at-
torney and expert witness fees) reasonably incurred, 
as determined by the Secretary, by the complainant 
for, or in connection with, the bringing of the com-
plaint 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 205, is 
amended by adding at the end the following: 
‘‘(uu) The production, manufacture, processing, prep-
aration, packing, holding, or distribution of an adulterated 
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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.’’. 
Æ 
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