H. R. 2751—68 
(1) by redesignating subsections (f) through (k) as sub-
sections (i) through (n), respectively; and 
(2) by inserting after subsection (e) the following: 
‘‘(f) CRITICAL INFORMATION.—Except with respect to fruits and 
vegetables that are raw agricultural commodities, not more than 
18 months after the date of enactment of the FDA Food Safety 
Modernization Act, the Secretary may require a responsible party 
to submit to the Secretary consumer-oriented information regarding 
a reportable food, which shall include— 
‘‘(1) a description of the article of food as provided in 
subsection (e)(3); 
‘‘(2) as provided in subsection (e)(7), affected product identi-
fication codes, such as UPC, SKU, or lot or batch numbers 
sufficient for the consumer to identify the article of food; 
‘‘(3) contact information for the responsible party as pro-
vided in subsection (e)(8); and 
‘‘(4) any other information the Secretary determines is nec-
essary to enable a consumer to accurately identify whether 
such consumer is in possession of the reportable food. 
‘‘(g) GROCERY STORE NOTIFICATION.— 
‘‘(1) ACTION BY SECRETARY.—The Secretary shall— 
‘‘(A) prepare the critical information described under 
subsection (f) for a reportable food as a standardized one- 
page summary; 
‘‘(B) publish such one-page summary on the Internet 
website of the Food and Drug Administration in a format 
that can be easily printed by a grocery store for purposes 
of consumer notification. 
‘‘(2) ACTION BY GROCERY STORE.—A notification described 
under paragraph (1)(B) shall include the date and time such 
summary was posted on the Internet website of the Food and 
Drug Administration. 
‘‘(h) CONSUMER NOTIFICATION.— 
‘‘(1) IN GENERAL.—If a grocery store sold a reportable food 
that is the subject of the posting and such establishment is 
part of chain of establishments with 15 or more physical loca-
tions, then such establishment shall, not later than 24 hours 
after a one page summary described in subsection (g) is pub-
lished, prominently display such summary or the information 
from such summary via at least one of the methods identified 
under paragraph (2) and maintain the display for 14 days. 
‘‘(2) LIST OF CONSPICUOUS LOCATIONS.—Not more than 1 
year after the date of enactment of the FDA Food Safety Mod-
ernization Act, the Secretary shall develop and publish a list 
of acceptable conspicuous locations and manners, from which 
grocery stores shall select at least one, for providing the 
notification required in paragraph (1). Such list shall include— 
‘‘(A) posting the notification at or near the register; 
‘‘(B) providing the location of the reportable food; 
‘‘(C) providing targeted recall information given to cus-
tomers upon purchase of a food; and 
‘‘(D) other such prominent and conspicuous locations 
and manners utilized by grocery stores as of the date 
of the enactment of the FDA Food Safety Modernization 
Act to provide notice of such recalls to consumers as consid-
ered appropriate by the Secretary.’’.
H. R. 2751—69 
(b) PROHIBITED ACT.—Section 301 (21 U.S.C. 331), as amended 
by section 206, is amended by adding at the end the following: 
‘‘(yy) The knowing and willful failure to comply with the 
notification requirement under section 417(h).’’. 
(c) CONFORMING AMENDMENT.—Section 301(e) (21 U.S.C. 331(e)) 
is amended by striking ‘‘417(g)’’ and inserting ‘‘417(j)’’. 
TITLE III—IMPROVING THE SAFETY OF 
IMPORTED FOOD 
SEC. 301. FOREIGN SUPPLIER VERIFICATION PROGRAM. 
(a) IN GENERAL.—Chapter VIII (21 U.S.C. 381 et seq.) is 
amended by adding at the end the following: 
‘‘SEC. 805. FOREIGN SUPPLIER VERIFICATION PROGRAM. 
‘‘(a) IN GENERAL.— 
‘‘(1) VERIFICATION
REQUIREMENT.—Except as provided 
under subsections (e) and (f), each importer shall perform risk- 
based foreign supplier verification activities for the purpose 
of verifying that the food imported by the importer or agent 
of an importer is— 
‘‘(A) produced in compliance with the requirements 
of section 418 or section 419, as appropriate; and 
‘‘(B) is not adulterated under section 402 or misbranded 
under section 403(w). 
‘‘(2) IMPORTER DEFINED.—For purposes of this section, the 
term ‘importer’ means, with respect to an article of food— 
‘‘(A) the United States owner or consignee of the article 
of food at the time of entry of such article into the United 
States; or 
‘‘(B) in the case when there is no United States owner 
or consignee as described in subparagraph (A), the United 
States agent or representative of a foreign owner or con-
signee of the article of food at the time of entry of such 
article into the United States. 
‘‘(b) GUIDANCE.—Not later than 1 year after the date of enact-
ment of the FDA Food Safety Modernization Act, the Secretary 
shall issue guidance to assist importers in developing foreign sup-
plier verification programs. 
‘‘(c) REGULATIONS.— 
‘‘(1) IN GENERAL.—Not later than 1 year after the date 
of enactment of the FDA Food Safety Modernization Act, the 
Secretary shall promulgate regulations to provide for the con-
tent of the foreign supplier verification program established 
under subsection (a). 
‘‘(2) REQUIREMENTS.—The regulations promulgated under 
paragraph (1)— 
‘‘(A) shall require that the foreign supplier verification 
program of each importer be adequate to provide assur-
ances that each foreign supplier to the importer produces 
the imported food in compliance with— 
‘‘(i) processes and procedures, including reasonably 
appropriate risk-based preventive controls, that pro-
vide the same level of public health protection as those 
required under section 418 or section 419 (taking into
H. R. 2751—70 
consideration variances granted under section 419), as 
appropriate; and 
‘‘(ii) section 402 and section 403(w). 
‘‘(B) shall include such other requirements as the Sec-
retary deems necessary and appropriate to verify that food 
imported into the United States is as safe as food produced 
and sold within the United States. 
‘‘(3) CONSIDERATIONS.—In promulgating regulations under 
this subsection, the Secretary shall, as appropriate, take into 
account differences among importers and types of imported 
foods, including based on the level of risk posed by the imported 
food. 
‘‘(4) ACTIVITIES.—Verification activities under a foreign sup-
plier verification program under this section may include moni-
toring records for shipments, lot-by-lot certification of compli-
ance, annual on-site inspections, checking the hazard analysis 
and risk-based preventive control plan of the foreign supplier, 
and periodically testing and sampling shipments. 
‘‘(d) RECORD
MAINTENANCE
AND
ACCESS.—Records of an 
importer related to a foreign supplier verification program shall 
be maintained for a period of not less than 2 years and shall 
be made available promptly to a duly authorized representative 
of the Secretary upon request. 
‘‘(e) EXEMPTION OF SEAFOOD, JUICE, AND LOW-ACID CANNED 
FOOD FACILITIES IN COMPLIANCE WITH HACCP.—This section shall 
not apply to a facility if the owner, operator, or agent in charge 
of such facility is required to comply with, and is in compliance 
with, 1 of the following standards and regulations with respect 
to such facility: 
‘‘(1) The Seafood Hazard Analysis Critical Control Points 
Program of the Food and Drug Administration. 
‘‘(2) The Juice Hazard Analysis Critical Control Points 
Program of the Food and Drug Administration. 
‘‘(3) The Thermally Processed Low-Acid Foods Packaged 
in Hermetically Sealed Containers standards of the Food and 
Drug Administration (or any successor standards). 
The exemption under paragraph (3) shall apply only with respect 
to microbiological hazards that are regulated under the standards 
for Thermally Processed Low-Acid Foods Packaged in Hermetically 
Sealed Containers under part 113 of chapter 21, Code of Federal 
Regulations (or any successor regulations). 
‘‘(f) ADDITIONAL EXEMPTIONS.—The Secretary, by notice pub-
lished in the Federal Register, shall establish an exemption from 
the requirements of this section for articles of food imported in 
small quantities for research and evaluation purposes or for per-
sonal consumption, provided that such foods are not intended for 
retail sale and are not sold or distributed to the public. 
‘‘(g) PUBLICATION
OF LIST
OF PARTICIPANTS.—The Secretary 
shall publish and maintain on the Internet Web site of the Food 
and Drug Administration a current list that includes the name 
of, location of, and other information deemed necessary by the 
Secretary about, importers participating under this section.’’. 
(b) PROHIBITED ACT.—Section 301 (21 U.S.C. 331), as amended 
by section 211, is amended by adding at the end the following: 
‘‘(zz) The importation or offering for importation of a food 
if the importer (as defined in section 805) does not have in place
H. R. 2751—71 
a foreign supplier verification program in compliance with such 
section 805.’’. 
(c) IMPORTS.—Section 801(a) (21 U.S.C. 381(a)) is amended 
by adding ‘‘or the importer (as defined in section 805) is in violation 
of such section 805’’ after ‘‘or in violation of section 505’’. 
(d) EFFECTIVE DATE.—The amendments made by this section 
shall take effect 2 years after the date of enactment of this Act. 
SEC. 302. VOLUNTARY QUALIFIED IMPORTER PROGRAM. 
Chapter VIII (21 U.S.C. 381 et seq.), as amended by section 
301, is amended by adding at the end the following: 
‘‘SEC. 806. VOLUNTARY QUALIFIED IMPORTER PROGRAM. 
‘‘(a) IN GENERAL.—Beginning not later than 18 months after 
the date of enactment of the FDA Food Safety Modernization Act, 
the Secretary shall— 
‘‘(1) establish a program, in consultation with the Secretary 
of Homeland Security— 
‘‘(A) to provide for the expedited review and importa-
tion of food offered for importation by importers who have 
voluntarily agreed to participate in such program; and 
‘‘(B) consistent with section 808, establish a process 
for the issuance of a facility certification to accompany 
food offered for importation by importers who have volun-
tarily agreed to participate in such program; and 
‘‘(2) issue a guidance document related to participation 
in, revocation of such participation in, reinstatement in, and 
compliance with, such program. 
‘‘(b) VOLUNTARY PARTICIPATION.—An importer may request the 
Secretary to provide for the expedited review and importation of 
designated foods in accordance with the program established by 
the Secretary under subsection (a). 
‘‘(c) NOTICE
OF INTENT TO PARTICIPATE.—An importer that 
intends to participate in the program under this section in a fiscal 
year shall submit a notice and application to the Secretary of 
such intent at the time and in a manner established by the Sec-
retary. 
‘‘(d) ELIGIBILITY.—Eligibility shall be limited to an importer 
offering food for importation from a facility that has a certification 
described in subsection (a). In reviewing the applications and 
making determinations on such applications, the Secretary shall 
consider the risk of the food to be imported based on factors, 
such as the following: 
‘‘(1) The known safety risks of the food to be imported. 
‘‘(2) The compliance history of foreign suppliers used by 
the importer, as appropriate. 
‘‘(3) The capability of the regulatory system of the country 
of export to ensure compliance with United States food safety 
standards for a designated food. 
‘‘(4) The compliance of the importer with the requirements 
of section 805. 
‘‘(5) The recordkeeping, testing, inspections and audits of 
facilities, traceability of articles of food, temperature controls, 
and sourcing practices of the importer. 
‘‘(6) The potential risk for intentional adulteration of the 
food. 
‘‘(7) Any other factor that the Secretary determines appro-
priate.
H. R. 2751—72 
‘‘(e) REVIEW AND REVOCATION.—Any importer qualified by the 
Secretary in accordance with the eligibility criteria set forth in 
this section shall be reevaluated not less often than once every 
3 years and the Secretary shall promptly revoke the qualified 
importer status of any importer found not to be in compliance 
with such criteria. 
‘‘(f) FALSE
STATEMENTS.—Any statement or representation 
made by an importer to the Secretary shall be subject to section 
1001 of title 18, United States Code. 
‘‘(g) DEFINITION.—For purposes of this section, the term 
‘importer’ means the person that brings food, or causes food to 
be brought, from a foreign country into the customs territory of 
the United States.’’. 
SEC. 303. AUTHORITY TO REQUIRE IMPORT CERTIFICATIONS FOR 
FOOD. 
(a) IN GENERAL.—Section 801(a) (21 U.S.C. 381(a)) is amended 
by inserting after the third sentence the following: ‘‘With respect 
to an article of food, if importation of such food is subject to, 
but not compliant with, the requirement under subsection (q) that 
such food be accompanied by a certification or other assurance 
that the food meets applicable requirements of this Act, then such 
article shall be refused admission.’’. 
(b) ADDITION
OF CERTIFICATION REQUIREMENT.—Section 801 
(21 U.S.C. 381) is amended by adding at the end the following 
new subsection: 
‘‘(q) CERTIFICATIONS CONCERNING IMPORTED FOODS.— 
‘‘(1) IN GENERAL.—The Secretary may require, as a condi-
tion of granting admission to an article of food imported or 
offered for import into the United States, that an entity 
described in paragraph (3) provide a certification, or such other 
assurances as the Secretary determines appropriate, that the 
article of food complies with applicable requirements of this 
Act. Such certification or assurances may be provided in the 
form of shipment-specific certificates, a listing of certified facili-
ties that manufacture, process, pack, or hold such food, or 
in such other form as the Secretary may specify. 
‘‘(2) FACTORS
TO
BE
CONSIDERED
IN
REQUIRING
CERTIFI-
CATION.—The Secretary shall base the determination that an 
article of food is required to have a certification described 
in paragraph (1) on the risk of the food, including— 
‘‘(A) known safety risks associated with the food; 
‘‘(B) known food safety risks associated with the 
country, territory, or region of origin of the food; 
‘‘(C) a finding by the Secretary, supported by scientific, 
risk-based evidence, that— 
‘‘(i) the food safety programs, systems, and stand-
ards in the country, territory, or region of origin of 
the food are inadequate to ensure that the article of 
food is as safe as a similar article of food that is 
manufactured, processed, packed, or held in the United 
States in accordance with the requirements of this 
Act; and 
‘‘(ii) the certification would assist the Secretary 
in determining whether to refuse or admit the article 
of food under subsection (a); and
H. R. 2751—73 
‘‘(D) information submitted to the Secretary in accord-
ance with the process established in paragraph (7). 
‘‘(3) CERTIFYING ENTITIES.—For purposes of paragraph (1), 
entities that shall provide the certification or assurances 
described in such paragraph are— 
‘‘(A) an agency or a representative of the government 
of the country from which the article of food at issue 
originated, as designated by the Secretary; or 
‘‘(B) such other persons or entities accredited pursuant 
to section 808 to provide such certification or assurance. 
‘‘(4) RENEWAL AND REFUSAL OF CERTIFICATIONS.—The Sec-
retary may— 
‘‘(A) require that any certification or other assurance 
provided by an entity specified in paragraph (2) be renewed 
by such entity at such times as the Secretary determines 
appropriate; and 
‘‘(B) refuse to accept any certification or assurance 
if the Secretary determines that such certification or assur-
ance is not valid or reliable. 
‘‘(5) ELECTRONIC SUBMISSION.—The Secretary shall provide 
for the electronic submission of certifications under this sub-
section. 
‘‘(6) FALSE STATEMENTS.—Any statement or representation 
made by an entity described in paragraph (2) to the Secretary 
shall be subject to section 1001 of title 18, United States Code. 
‘‘(7) ASSESSMENT OF FOOD SAFETY PROGRAMS, SYSTEMS, AND 
STANDARDS.—If the Secretary determines that the food safety 
programs, systems, and standards in a foreign region, country, 
or territory are inadequate to ensure that an article of food 
is as safe as a similar article of food that is manufactured, 
processed, packed, or held in the United States in accordance 
with the requirements of this Act, the Secretary shall, to the 
extent practicable, identify such inadequacies and establish 
a process by which the foreign region, country, or territory 
may inform the Secretary of improvements made to such food 
safety program, system, or standard and demonstrate that those 
controls are adequate to ensure that an article of food is as 
safe as a similar article of food that is manufactured, processed, 
packed, or held in the United States in accordance with the 
requirements of this Act.’’. 
(c) CONFORMING TECHNICAL AMENDMENT.—Section 801(b) (21 
U.S.C. 381(b)) is amended in the second sentence by striking ‘‘with 
respect to an article included within the provision of the fourth 
sentence of subsection (a)’’ and inserting ‘‘with respect to an article 
described in subsection (a) relating to the requirements of sections 
760 or 761,’’. 
(d) NO LIMIT
ON AUTHORITY.—Nothing in the amendments 
made by this section shall limit the authority of the Secretary 
to conduct inspections of imported food or to take such other steps 
as the Secretary deems appropriate to determine the admissibility 
of imported food. 
SEC. 304. PRIOR NOTICE OF IMPORTED FOOD SHIPMENTS. 
(a) IN GENERAL.—Section 801(m)(1) (21 U.S.C. 381(m)(1)) is 
amended by inserting ‘‘any country to which the article has been 
refused entry;’’ after ‘‘the country from which the article is shipped;’’.
H. R. 2751—74 
(b) REGULATIONS.—Not later than 120 days after the date of 
enactment of this Act, the Secretary shall issue an interim final 
rule amending subpart I of part 1 of title 21, Code of Federal 
Regulations, to implement the amendment made by this section. 
(c) EFFECTIVE DATE.—The amendment made by this section 
shall take effect 180 days after the date of enactment of this 
Act. 
SEC. 305. BUILDING CAPACITY OF FOREIGN GOVERNMENTS WITH 
RESPECT TO FOOD SAFETY. 
(a) IN GENERAL.—The Secretary shall, not later than 2 years 
of the date of enactment of this Act, develop a comprehensive 
plan to expand the technical, scientific, and regulatory food safety 
capacity of foreign governments, and their respective food indus-
tries, from which foods are exported to the United States. 
(b) CONSULTATION.—In developing the plan under subsection 
(a), the Secretary shall consult with the Secretary of Agriculture, 
Secretary of State, Secretary of the Treasury, the Secretary of 
Homeland Security, the United States Trade Representative, and 
the Secretary of Commerce, representatives of the food industry, 
appropriate 
foreign 
government 
officials, 
nongovernmental 
organizations that represent the interests of consumers, and other 
stakeholders. 
(c) PLAN.—The plan developed under subsection (a) shall 
include, as appropriate, the following: 
(1) 
Recommendations 
for 
bilateral 
and 
multilateral 
arrangements and agreements, including provisions to provide 
for responsibility of exporting countries to ensure the safety 
of food. 
(2) Provisions for secure electronic data sharing. 
(3) Provisions for mutual recognition of inspection reports. 
(4) Training of foreign governments and food producers 
on United States requirements for safe food. 
(5) Recommendations on whether and how to harmonize 
requirements under the Codex Alimentarius. 
(6) Provisions for the multilateral acceptance of laboratory 
methods and testing and detection techniques. 
(d) RULE OF CONSTRUCTION.—Nothing in this section shall be 
construed to affect the regulation of dietary supplements under 
the Dietary Supplement Health and Education Act of 1994 (Public 
Law 103–417). 
SEC. 306. INSPECTION OF FOREIGN FOOD FACILITIES. 
(a) IN GENERAL.—Chapter VIII (21 U.S.C. 381 et seq.), as 
amended by section 302, is amended by inserting at the end the 
following: 
‘‘SEC. 807. INSPECTION OF FOREIGN FOOD FACILITIES. 
‘‘(a) INSPECTION.—The Secretary— 
‘‘(1) may enter into arrangements and agreements with 
foreign governments to facilitate the inspection of foreign facili-
ties registered under section 415; and 
‘‘(2) shall direct resources to inspections of foreign facilities, 
suppliers, and food types, especially such facilities, suppliers, 
and food types that present a high risk (as identified by the 
Secretary), to help ensure the safety and security of the food 
supply of the United States.
H. R. 2751—75 
‘‘(b) EFFECT OF INABILITY TO INSPECT.—Notwithstanding any 
other provision of law, food shall be refused admission into the 
United States if it is from a foreign factory, warehouse, or other 
establishment of which the owner, operator, or agent in charge, 
or the government of the foreign country, refuses to permit entry 
of United States inspectors or other individuals duly designated 
by the Secretary, upon request, to inspect such factory, warehouse, 
or other establishment. For purposes of this subsection, such an 
owner, operator, or agent in charge shall be considered to have 
refused an inspection if such owner, operator, or agent in charge 
does not permit an inspection of a factory, warehouse, or other 
establishment during the 24-hour period after such request is sub-
mitted, or after such other time period, as agreed upon by the 
Secretary and the foreign factory, warehouse, or other establish-
ment.’’. 
(b) INSPECTION BY THE SECRETARY OF COMMERCE.— 
(1) IN GENERAL.—The Secretary of Commerce, in coordina-
tion with the Secretary of Health and Human Services, may 
send 1 or more inspectors to a country or facility of an exporter 
from which seafood imported into the United States originates. 
The inspectors shall assess practices and processes used in 
connection with the farming, cultivation, harvesting, prepara-
tion for market, or transportation of such seafood and may 
provide technical assistance related to such activities. 
(2) INSPECTION REPORT.— 
(A) IN GENERAL.—The Secretary of Health and Human 
Services, in coordination with the Secretary of Commerce, 
shall— 
(i) prepare an inspection report for each inspection 
conducted under paragraph (1); 
(ii) provide the report to the country or exporter 
that is the subject of the report; and 
(iii) provide a 30-day period during which the 
country or exporter may provide a rebuttal or other 
comments on the findings of the report to the Secretary 
of Health and Human Services. 
(B) DISTRIBUTION AND USE OF REPORT.—The Secretary 
of Health and Human Services shall consider the inspection 
reports described in subparagraph (A) in distributing 
inspection resources under section 421 of the Federal Food, 
Drug, and Cosmetic Act, as added by section 201. 
SEC. 307. ACCREDITATION OF THIRD-PARTY AUDITORS. 
Chapter VIII (21 U.S.C. 381 et seq.), as amended by section 
306, is amended by adding at the end the following: 
‘‘SEC. 808. ACCREDITATION OF THIRD-PARTY AUDITORS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) AUDIT AGENT.—The term ‘audit agent’ means an indi-
vidual who is an employee or agent of an accredited third- 
party auditor and, although not individually accredited, is quali-
fied to conduct food safety audits on behalf of an accredited 
third-party auditor. 
‘‘(2) ACCREDITATION BODY.—The term ‘accreditation body’ 
means an authority that performs accreditation of third-party 
auditors. 
‘‘(3) THIRD-PARTY AUDITOR.—The term ‘third-party auditor’ 
means a foreign government, agency of a foreign government,
H. R. 2751—76 
foreign cooperative, or any other third party, as the Secretary 
determines appropriate in accordance with the model standards 
described in subsection (b)(2), that is eligible to be considered 
for accreditation to conduct food safety audits to certify that 
eligible entities meet the applicable requirements of this sec-
tion. A third-party auditor may be a single individual. A third- 
party auditor may employ or use audit agents to help conduct 
consultative and regulatory audits. 
‘‘(4) ACCREDITED THIRD-PARTY AUDITOR.—The term ‘accred-
ited third-party auditor’ means a third-party auditor accredited 
by an accreditation body to conduct audits of eligible entities 
to certify that such eligible entities meet the applicable require-
ments of this section. An accredited third-party auditor may 
be an individual who conducts food safety audits to certify 
that eligible entities meet the applicable requirements of this 
section. 
‘‘(5) CONSULTATIVE AUDIT.—The term ‘consultative audit’ 
means an audit of an eligible entity— 
‘‘(A) to determine whether such entity is in compliance 
with the provisions of this Act and with applicable industry 
standards and practices; and 
‘‘(B) the results of which are for internal purposes 
only. 
‘‘(6) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a 
foreign entity, including a foreign facility registered under sec-
tion 415, in the food import supply chain that chooses to be 
audited by an accredited third-party auditor or the audit agent 
of such accredited third-party auditor. 
‘‘(7) REGULATORY
AUDIT.—The term ‘regulatory audit’ 
means an audit of an eligible entity— 
‘‘(A) to determine whether such entity is in compliance 
with the provisions of this Act; and 
‘‘(B) the results of which determine— 
‘‘(i) whether an article of food manufactured, proc-
essed, packed, or held by such entity is eligible to 
receive a food certification under section 801(q); or 
‘‘(ii) whether a facility is eligible to receive a facility 
certification under section 806(a) for purposes of 
participating in the program under section 806. 
‘‘(b) ACCREDITATION SYSTEM.— 
‘‘(1) ACCREDITATION BODIES.— 
‘‘(A) RECOGNITION OF ACCREDITATION BODIES.— 
‘‘(i) IN
GENERAL.—Not later than 2 years after 
the date of enactment of the FDA Food Safety Mod-
ernization Act, the Secretary shall establish a system 
for the recognition of accreditation bodies that accredit 
third-party auditors to certify that eligible entities 
meet the applicable requirements of this section. 
‘‘(ii) DIRECT ACCREDITATION.—If, by the date that 
is 2 years after the date of establishment of the system 
described in clause (i), the Secretary has not identified 
and recognized an accreditation body to meet the 
requirements of this section, the Secretary may directly 
accredit third-party auditors. 
‘‘(B) NOTIFICATION.—Each accreditation body recog-
nized by the Secretary shall submit to the Secretary a
H. R. 2751—77 
list of all accredited third-party auditors accredited by such 
body and the audit agents of such auditors. 
‘‘(C) REVOCATION OF RECOGNITION AS AN ACCREDITA-
TION BODY.—The Secretary shall promptly revoke the rec-
ognition of any accreditation body found not to be in compli-
ance with the requirements of this section. 
‘‘(D) REINSTATEMENT.—The Secretary shall establish 
procedures to reinstate recognition of an accreditation body 
if the Secretary determines, based on evidence presented 
by such accreditation body, that revocation was inappro-
priate or that the body meets the requirements for recogni-
tion under this section. 
‘‘(2) MODEL
ACCREDITATION
STANDARDS.—Not later than 
18 months after the date of enactment of the FDA Food Safety 
Modernization Act, the Secretary shall develop model stand-
ards, including requirements for regulatory audit reports, and 
each recognized accreditation body shall ensure that third- 
party auditors and audit agents of such auditors meet such 
standards in order to qualify such third-party auditors as 
accredited third-party auditors under this section. In developing 
the model standards, the Secretary shall look to standards 
in place on the date of the enactment of this section for guid-
ance, to avoid unnecessary duplication of efforts and costs. 
‘‘(c) THIRD-PARTY AUDITORS.— 
‘‘(1) REQUIREMENTS FOR ACCREDITATION AS A THIRD-PARTY 
AUDITOR.— 
‘‘(A) FOREIGN GOVERNMENTS.—Prior to accrediting a 
foreign government or an agency of a foreign government 
as an accredited third-party auditor, the accreditation body 
(or, in the case of direct accreditation under subsection 
(b)(1)(A)(ii), the Secretary) shall perform such reviews and 
audits of food safety programs, systems, and standards 
of the government or agency of the government as the 
Secretary deems necessary, including requirements under 
the model standards developed under subsection (b)(2), to 
determine that the foreign government or agency of the 
foreign government is capable of adequately ensuring that 
eligible entities or foods certified by such government or 
agency meet the requirements of this Act with respect 
to food manufactured, processed, packed, or held for import 
into the United States. 
‘‘(B) FOREIGN
COOPERATIVES
AND
OTHER
THIRD
PAR-
TIES.—Prior to accrediting a foreign cooperative that aggre-
gates the products of growers or processors, or any other 
third party to be an accredited third-party auditor, the 
accreditation body (or, in the case of direct accreditation 
under subsection (b)(1)(A)(ii), the Secretary) shall perform 
such reviews and audits of the training and qualifications 
of audit agents used by that cooperative or party and 
conduct such reviews of internal systems and such other 
investigation of the cooperative or party as the Secretary 
deems necessary, including requirements under the model 
standards developed under subsection (b)(2), to determine 
that each eligible entity certified by the cooperative or 
party has systems and standards in use to ensure that 
such entity or food meets the requirements of this Act.
H. R. 2751—78 
‘‘(2) REQUIREMENT
TO
ISSUE
CERTIFICATION
OF
ELIGIBLE 
ENTITIES OR FOODS.— 
‘‘(A) IN GENERAL.—An accreditation body (or, in the 
case of direct accreditation under subsection (b)(1)(A)(ii), 
the Secretary) may not accredit a third-party auditor unless 
such third-party auditor agrees to issue a written and, 
as appropriate, electronic food certification, described in 
section 801(q), or facility certification under section 806(a), 
as appropriate, to accompany each food shipment for import 
into the United States from an eligible entity, subject to 
requirements set forth by the Secretary. Such written or 
electronic certification may be included with other docu-
mentation regarding such food shipment. The Secretary 
shall consider certifications under section 801(q) and 
participation in the voluntary qualified importer program 
described in section 806 when targeting inspection 
resources under section 421. 
‘‘(B) PURPOSE OF CERTIFICATION.—The Secretary shall 
use certification provided by accredited third-party auditors 
to— 
‘‘(i) determine, in conjunction with any other assur-
ances the Secretary may require under section 801(q), 
whether a food satisfies the requirements of such sec-
tion; and 
‘‘(ii) determine whether a facility is eligible to be 
a facility from which food may be offered for import 
under the voluntary qualified importer program under 
section 806. 
‘‘(C) REQUIREMENTS FOR ISSUING CERTIFICATION.— 
‘‘(i) 
IN
GENERAL.—An 
accredited 
third-party 
auditor shall issue a food certification under section 
801(q) or a facility certification described under 
subparagraph (B) only after conducting a regulatory 
audit and such other activities that may be necessary 
to establish compliance with the requirements of such 
sections. 
‘‘(ii) 
PROVISION
OF
CERTIFICATION.—Only 
an 
accredited third-party auditor or the Secretary may 
provide a facility certification under section 806(a). 
Only those parties described in 801(q)(3) or the Sec-
retary may provide a food certification under 301(g). 
‘‘(3) AUDIT REPORT SUBMISSION REQUIREMENTS.— 
‘‘(A) REQUIREMENTS IN GENERAL.—As a condition of 
accreditation, not later than 45 days after conducting an 
audit, an accredited third-party auditor or audit agent of 
such auditor shall prepare, and, in the case of a regulatory 
audit, submit, the audit report for each audit conducted, 
in a form and manner designated by the Secretary, which 
shall include— 
‘‘(i) the identity of the persons at the audited 
eligible entity responsible for compliance with food 
safety requirements; 
‘‘(ii) the dates of the audit; 
‘‘(iii) the scope of the audit; and 
‘‘(iv) any other information required by the Sec-
retary that relates to or may influence an assessment 
of compliance with this Act.
H. R. 2751—79 
‘‘(B) RECORDS.—Following any accreditation of a third- 
party auditor, the Secretary may, at any time, require 
the accredited third-party auditor to submit to the Sec-
retary an onsite audit report and such other reports or 
documents required as part of the audit process, for any 
eligible entity certified by the third-party auditor or audit 
agent of such auditor. Such report may include documenta-
tion that the eligible entity is in compliance with any 
applicable registration requirements. 
‘‘(C) LIMITATION.—The requirement under subpara-
graph (B) shall not include any report or other documents 
resulting from a consultative audit by the accredited third- 
party auditor, except that the Secretary may access the 
results of a consultative audit in accordance with section 
414. 
‘‘(4) REQUIREMENTS OF ACCREDITED THIRD-PARTY AUDITORS 
AND AUDIT AGENTS OF SUCH AUDITORS.— 
‘‘(A) RISKS TO PUBLIC HEALTH.—If, at any time during 
an audit, an accredited third-party auditor or audit agent 
of such auditor discovers a condition that could cause or 
contribute to a serious risk to the public health, such 
auditor shall immediately notify the Secretary of— 
‘‘(i) the identification of the eligible entity subject 
to the audit; and 
‘‘(ii) such condition. 
‘‘(B) TYPES
OF
AUDITS.—An accredited third-party 
auditor or audit agent of such auditor may perform consult-
ative and regulatory audits of eligible entities. 
‘‘(C) LIMITATIONS.— 
‘‘(i) IN GENERAL.—An accredited third party auditor 
may not perform a regulatory audit of an eligible entity 
if such agent has performed a consultative audit or 
a regulatory audit of such eligible entity during the 
previous 13-month period. 
‘‘(ii) WAIVER.—The Secretary may waive the 
application of clause (i) if the Secretary determines 
that there is insufficient access to accredited third- 
party auditors in a country or region. 
‘‘(5) CONFLICTS OF INTEREST.— 
‘‘(A) THIRD-PARTY
AUDITORS.—An accredited third- 
party auditor shall— 
‘‘(i) not be owned, managed, or controlled by any 
person that owns or operates an eligible entity to be 
certified by such auditor; 
‘‘(ii) in carrying out audits of eligible entities under 
this section, have procedures to ensure against the 
use of any officer or employee of such auditor that 
has a financial conflict of interest regarding an eligible 
entity to be certified by such auditor; and 
‘‘(iii) annually make available to the Secretary 
disclosures of the extent to which such auditor and 
the officers and employees of such auditor have main-
tained compliance with clauses (i) and (ii) relating 
to financial conflicts of interest. 
‘‘(B) AUDIT AGENTS.—An audit agent shall— 
‘‘(i) not own or operate an eligible entity to be 
audited by such agent;
H. R. 2751—80 
‘‘(ii) in carrying out audits of eligible entities under 
this section, have procedures to ensure that such agent 
does not have a financial conflict of interest regarding 
an eligible entity to be audited by such agent; and 
‘‘(iii) annually make available to the Secretary 
disclosures of the extent to which such agent has main-
tained compliance with clauses (i) and (ii) relating 
to financial conflicts of interest. 
‘‘(C) REGULATIONS.—The Secretary shall promulgate 
regulations not later than 18 months after the date of 
enactment of the FDA Food Safety Modernization Act to 
implement this section and to ensure that there are protec-
tions against conflicts of interest between an accredited 
third-party auditor and the eligible entity to be certified 
by such auditor or audited by such audit agent. Such 
regulations shall include— 
‘‘(i) requiring that audits performed under this 
section be unannounced; 
‘‘(ii) a structure to decrease the potential for con-
flicts of interest, including timing and public disclosure, 
for fees paid by eligible entities to accredited third- 
party auditors; and 
‘‘(iii) appropriate limits on financial affiliations 
between an accredited third-party auditor or audit 
agents of such auditor and any person that owns or 
operates an eligible entity to be certified by such 
auditor, as described in subparagraphs (A) and (B). 
‘‘(6) WITHDRAWAL OF ACCREDITATION.— 
‘‘(A) IN
GENERAL.—The Secretary shall withdraw 
accreditation from an accredited third-party auditor— 
‘‘(i) if food certified under section 801(q) or from 
a facility certified under paragraph (2)(B) by such 
third-party auditor is linked to an outbreak of 
foodborne illness that has a reasonable probability of 
causing serious adverse health consequences or death 
in humans or animals; 
‘‘(ii) following an evaluation and finding by the 
Secretary that the third-party auditor no longer meets 
the requirements for accreditation; or 
‘‘(iii) following a refusal to allow United States 
officials to conduct such audits and investigations as 
may be necessary to ensure continued compliance with 
the requirements set forth in this section. 
‘‘(B) ADDITIONAL BASIS FOR WITHDRAWAL OF ACCREDITA-
TION.—The Secretary may withdraw accreditation from an 
accredited third-party auditor in the case that such third- 
party auditor is accredited by an accreditation body for 
which recognition as an accreditation body under sub-
section (b)(1)(C) is revoked, if the Secretary determines 
that there is good cause for the withdrawal. 
‘‘(C) EXCEPTION.—The Secretary may waive the 
application of subparagraph (A)(i) if the Secretary— 
‘‘(i) conducts an investigation of the material facts 
related to the outbreak of human or animal illness; 
and
H. R. 2751—81 
‘‘(ii) reviews the steps or actions taken by the 
third party auditor to justify the certification and deter-
mines that the accredited third-party auditor satisfied 
the requirements under section 801(q) of certifying the 
food, or the requirements under paragraph (2)(B) of 
certifying the entity. 
‘‘(7) REACCREDITATION.—The Secretary shall establish 
procedures to reinstate the accreditation of a third-party auditor 
for which accreditation has been withdrawn under paragraph 
(6)— 
‘‘(A) if the Secretary determines, based on evidence 
presented, that the third-party auditor satisfies the require-
ments of this section and adequate grounds for revocation 
no longer exist; and 
‘‘(B) in the case of a third-party auditor accredited 
by an accreditation body for which recognition as an 
accreditation body under subsection (b)(1)(C) is revoked— 
‘‘(i) if the third-party auditor becomes accredited 
not later than 1 year after revocation of accreditation 
under paragraph (6)(A), through direct accreditation 
under subsection (b)(1)(A)(ii) or by an accreditation 
body in good standing; or 
‘‘(ii) under such conditions as the Secretary may 
require for a third-party auditor under paragraph 
(6)(B). 
‘‘(8) NEUTRALIZING COSTS.—The Secretary shall establish 
by regulation a reimbursement (user fee) program, similar to 
the method described in section 203(h) of the Agriculture Mar-
keting Act of 1946, by which the Secretary assesses fees and 
requires accredited third-party auditors and audit agents to 
reimburse the Food and Drug Administration for the work 
performed to establish and administer the accreditation system 
under this section. The Secretary shall make operating this 
program revenue-neutral and shall not generate surplus rev-
enue from such a reimbursement mechanism. Fees authorized 
under this paragraph shall be collected and available for obliga-
tion only to the extent and in the amount provided in advance 
in appropriation Acts. Such fees are authorized to remain avail-
able until expended. 
‘‘(d) RECERTIFICATION OF ELIGIBLE ENTITIES.—An eligible entity 
shall apply for annual recertification by an accredited third-party 
auditor if such entity— 
‘‘(1) intends to participate in voluntary qualified importer 
program under section 806; or 
‘‘(2) is required to provide to the Secretary a certification 
under section 801(q) for any food from such entity. 
‘‘(e) FALSE STATEMENTS.—Any statement or representation 
made— 
‘‘(1) by an employee or agent of an eligible entity to an 
accredited third-party auditor or audit agent; or 
‘‘(2) by an accredited third-party auditor to the Secretary, 
shall be subject to section 1001 of title 18, United States Code. 
‘‘(f) MONITORING.—To ensure compliance with the requirements 
of this section, the Secretary shall— 
‘‘(1) periodically, or at least once every 4 years, reevaluate 
the accreditation bodies described in subsection (b)(1);
H. R. 2751—82 
‘‘(2) periodically, or at least once every 4 years, evaluate 
the performance of each accredited third-party auditor, through 
the review of regulatory audit reports by such auditors, the 
compliance history as available of eligible entities certified by 
such auditors, and any other measures deemed necessary by 
the Secretary; 
‘‘(3) at any time, conduct an onsite audit of any eligible 
entity certified by an accredited third-party auditor, with or 
without the auditor present; and 
‘‘(4) take any other measures deemed necessary by the 
Secretary. 
‘‘(g) PUBLICLY AVAILABLE REGISTRY.—The Secretary shall estab-
lish a publicly available registry of accreditation bodies and of 
accredited third-party auditors, including the name of, contact 
information for, and other information deemed necessary by the 
Secretary about such bodies and auditors. 
‘‘(h) LIMITATIONS.— 
‘‘(1) NO EFFECT ON SECTION 704 INSPECTIONS.—The audits 
performed under this section shall not be considered inspections 
under section 704. 
‘‘(2) NO
EFFECT
ON
INSPECTION
AUTHORITY.—Nothing in 
this section affects the authority of the Secretary to inspect 
any eligible entity pursuant to this Act.’’. 
SEC. 308. FOREIGN OFFICES OF THE FOOD AND DRUG ADMINISTRA-
TION. 
(a) IN GENERAL.—The Secretary shall establish offices of the 
Food and Drug Administration in foreign countries selected by 
the Secretary, to provide assistance to the appropriate governmental 
entities of such countries with respect to measures to provide for 
the safety of articles of food and other products regulated by the 
Food and Drug Administration exported by such country to the 
United States, including by directly conducting risk-based inspec-
tions of such articles and supporting such inspections by such 
governmental entity. 
(b) CONSULTATION.—In establishing the foreign offices described 
in subsection (a), the Secretary shall consult with the Secretary 
of State, the Secretary of Homeland Security, and the United States 
Trade Representative. 
(c) REPORT.—Not later than October 1, 2011, the Secretary 
shall submit to Congress a report on the basis for the selection 
by the Secretary of the foreign countries in which the Secretary 
established offices, the progress which such offices have made with 
respect to assisting the governments of such countries in providing 
for the safety of articles of food and other products regulated by 
the Food and Drug Administration exported to the United States, 
and the plans of the Secretary for establishing additional foreign 
offices of the Food and Drug Administration, as appropriate. 
SEC. 309. SMUGGLED FOOD. 
(a) IN GENERAL.—Not later than 180 days after the enactment 
of this Act, the Secretary shall, in coordination with the Secretary 
of Homeland Security, develop and implement a strategy to better 
identify smuggled food and prevent entry of such food into the 
United States. 
(b) NOTIFICATION TO HOMELAND SECURITY.—Not later than 10 
days after the Secretary identifies a smuggled food that the Sec-
retary believes would cause serious adverse health consequences
H. R. 2751—83 
or death to humans or animals, the Secretary shall provide to 
the Secretary of Homeland Security a notification under section 
417(n) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
350f(k)) describing the smuggled food and, if available, the names 
of the individuals or entities that attempted to import such food 
into the United States. 
(c) PUBLIC NOTIFICATION.—If the Secretary— 
(1) identifies a smuggled food; 
(2) reasonably believes exposure to the food would cause 
serious adverse health consequences or death to humans or 
animals; and 
(3) reasonably believes that the food has entered domestic 
commerce and is likely to be consumed, 
the Secretary shall promptly issue a press release describing that 
food and shall use other emergency communication or recall net-
works, as appropriate, to warn consumers and vendors about the 
potential threat. 
(d) EFFECT OF SECTION.—Nothing in this section shall affect 
the authority of the Secretary to issue public notifications under 
other circumstances. 
(e) DEFINITION.—In this subsection, the term ‘‘smuggled food’’ 
means any food that a person introduces into the United States 
through fraudulent means or with the intent to defraud or mislead. 
TITLE IV—MISCELLANEOUS 
PROVISIONS 
SEC. 401. FUNDING FOR FOOD SAFETY. 
(a) IN GENERAL.—There are authorized to be appropriated to 
carry out the activities of the Center for Food Safety and Applied 
Nutrition, the Center for Veterinary Medicine, and related field 
activities in the Office of Regulatory Affairs of the Food and Drug 
Administration such sums as may be necessary for fiscal years 
2011 through 2015. 
(b) INCREASED NUMBER OF FIELD STAFF.— 
(1) IN GENERAL.—To carry out the activities of the Center 
for Food Safety and Applied Nutrition, the Center for Veteri-
nary Medicine, and related field activities of the Office of Regu-
latory Affairs of the Food and Drug Administration, the Sec-
retary of Health and Human Services shall increase the field 
staff of such Centers and Office with a goal of not fewer 
than— 
(A) 4,000 staff members in fiscal year 2011; 
(B) 4,200 staff members in fiscal year 2012; 
(C) 4,600 staff members in fiscal year 2013; and 
(D) 5,000 staff members in fiscal year 2014. 
(2) FIELD STAFF FOR FOOD DEFENSE.—The goal under para-
graph (1) shall include an increase of 150 employees by fiscal 
year 2011 to— 
(A) provide additional detection of and response to 
food defense threats; and 
(B) detect, track, and remove smuggled food (as defined 
in section 309) from commerce.
H. R. 2751—84 
SEC. 402. EMPLOYEE PROTECTIONS. 
Chapter X of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 391 et seq.), as amended by section 209, is further amended 
by adding at the end the following: 
‘‘SEC. 1012. EMPLOYEE PROTECTIONS. 
‘‘(a) IN GENERAL.—No entity engaged in the manufacture, proc-
essing, packing, transporting, distribution, reception, holding, or 
importation of food may discharge an employee or otherwise 
discriminate against an employee with respect to compensation, 
terms, conditions, or privileges of employment because the 
employee, whether at the employee’s initiative or in the ordinary 
course of the employee’s duties (or any person acting pursuant 
to a request of the employee)— 
‘‘(1) provided, caused to be provided, or is about to provide 
or cause to be provided to the employer, the Federal Govern-
ment, or the attorney general of a State information relating 
to any violation of, or any act or omission the employee reason-
ably believes to be a violation of any provision of this Act 
or any order, rule, regulation, standard, or ban under this 
Act, or any order, rule, regulation, standard, or ban under 
this Act; 
‘‘(2) testified or is about to testify in a proceeding concerning 
such violation; 
‘‘(3) assisted or participated or is about to assist or partici-
pate in such a proceeding; or 
‘‘(4) objected to, or refused to participate in, any activity, 
policy, practice, or assigned task that the employee (or other 
such person) reasonably believed to be in violation of any provi-
sion of this Act, or any order, rule, regulation, standard, or 
ban under this Act. 
‘‘(b) PROCESS.— 
‘‘(1) IN GENERAL.—A person who believes that he or she 
has been discharged or otherwise discriminated against by any 
person in violation of subsection (a) may, not later than 180 
days after the date on which such violation occurs, file (or 
have any person file on his or her behalf) a complaint with 
the Secretary of Labor (referred to in this section as the ‘Sec-
retary’) alleging such discharge or discrimination and identi-
fying the person responsible for such act. Upon receipt of such 
a complaint, the Secretary shall notify, in writing, the person 
named in the complaint of the filing of the complaint, of the 
allegations contained in the complaint, of the substance of 
evidence supporting the complaint, and of the opportunities 
that will be afforded to such person under paragraph (2). 
‘‘(2) INVESTIGATION.— 
‘‘(A) IN GENERAL.—Not later than 60 days after the 
date of receipt of a complaint filed under paragraph (1) 
and after affording the complainant and the person named 
in the complaint an opportunity to submit to the Secretary 
a written response to the complaint and an opportunity 
to meet with a representative of the Secretary to present 
statements from witnesses, the Secretary shall initiate an 
investigation and determine whether there is reasonable 
cause to believe that the complaint has merit and notify, 
in writing, the complainant and the person alleged to have
H. R. 2751—85 
committed a violation of subsection (a) of the Secretary’s 
findings. 
‘‘(B) REASONABLE CAUSE FOUND; PRELIMINARY ORDER.— 
If the Secretary concludes that there is reasonable cause 
to believe that a violation of subsection (a) has occurred, 
the Secretary shall accompany the Secretary’s findings with 
a preliminary order providing the relief prescribed by para-
graph (3)(B). Not later than 30 days after the date of 
notification of findings under this paragraph, the person 
alleged to have committed the violation or the complainant 
may file objections to the findings or preliminary order, 
or both, and request a hearing on the record. The filing 
of such objections shall not operate to stay any reinstate-
ment remedy contained in the preliminary order. Any such 
hearing shall be conducted expeditiously. If a hearing is 
not requested in such 30-day period, the preliminary order 
shall be deemed a final order that is not subject to judicial 
review. 
‘‘(C) DISMISSAL OF COMPLAINT.— 
‘‘(i) STANDARD FOR COMPLAINANT.—The Secretary 
shall dismiss a complaint filed under this subsection 
and shall not conduct an investigation otherwise 
required under subparagraph (A) unless the complain-
ant makes a prima facie showing that any behavior 
described in paragraphs (1) through (4) of subsection 
(a) was a contributing factor in the unfavorable per-
sonnel action alleged in the complaint. 
‘‘(ii) STANDARD FOR EMPLOYER.—Notwithstanding 
a finding by the Secretary that the complainant has 
made the showing required under clause (i), no inves-
tigation otherwise required under subparagraph (A) 
shall be conducted if the employer demonstrates, by 
clear and convincing evidence, that the employer would 
have taken the same unfavorable personnel action in 
the absence of that behavior. 
‘‘(iii) VIOLATION
STANDARD.—The Secretary may 
determine that a violation of subsection (a) has 
occurred only if the complainant demonstrates that 
any behavior described in paragraphs (1) through (4) 
of subsection (a) was a contributing factor in the 
unfavorable personnel action alleged in the complaint. 
‘‘(iv) RELIEF STANDARD.—Relief may not be ordered 
under subparagraph (A) if the employer demonstrates 
by clear and convincing evidence that the employer 
would have taken the same unfavorable personnel 
action in the absence of that behavior. 
‘‘(3) FINAL ORDER.— 
‘‘(A) IN GENERAL.—Not later than 120 days after the 
date of conclusion of any hearing under paragraph (2), 
the Secretary shall issue a final order providing the relief 
prescribed by this paragraph or denying the complaint. 
At any time before issuance of a final order, a proceeding 
under this subsection may be terminated on the basis 
of a settlement agreement entered into by the Secretary, 
the complainant, and the person alleged to have committed 
the violation.
H. R. 2751—86 
‘‘(B) CONTENT OF ORDER.—If, in response to a complaint 
filed under paragraph (1), the Secretary determines that 
a violation of subsection (a) has occurred, the Secretary 
shall order the person who committed such violation— 
‘‘(i) to take affirmative action to abate the violation; 
‘‘(ii) to reinstate the complainant to his or her 
former position together with compensation (including 
back pay) and restore the terms, conditions, and privi-
leges associated with his or her employment; and 
‘‘(iii) to provide compensatory damages to the 
complainant. 
‘‘(C) PENALTY.—If such an order is issued under this 
paragraph, the Secretary, 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 attorneys’ and expert 
witness fees) reasonably incurred, as determined by the 
Secretary, by the complainant for, or in connection with, 
the bringing of the complaint upon which the order was 
issued. 
‘‘(D) BAD
FAITH
CLAIM.—If the Secretary finds that 
a complaint under paragraph (1) is frivolous or has been 
brought in bad faith, the Secretary may award to the 
prevailing employer a reasonable attorneys’ fee, not 
exceeding $1,000, to be paid by the complainant. 
‘‘(4) ACTION IN COURT.— 
‘‘(A) IN GENERAL.—If the Secretary has not issued a 
final decision within 210 days after the filing of the com-
plaint, or within 90 days after receiving a written deter-
mination, the complainant may bring an action at law 
or equity for de novo review in the appropriate district 
court of the United States with jurisdiction, which shall 
have jurisdiction over such an 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. The proceedings shall be governed by 
the same legal burdens of proof specified in paragraph 
(2)(C). 
‘‘(B) RELIEF.—The court shall have jurisdiction to grant 
all relief necessary to make the employee whole, including 
injunctive relief and compensatory damages, including— 
‘‘(i) reinstatement with the same seniority status 
that the employee would have had, but for the dis-
charge or discrimination; 
‘‘(ii) the amount of back pay, with interest; and 
‘‘(iii) compensation for any special damages sus-
tained as a result of the discharge or discrimination, 
including litigation costs, expert witness fees, and 
reasonable attorney’s fees. 
‘‘(5) REVIEW.— 
‘‘(A) IN GENERAL.—Unless the complainant brings an 
action under paragraph (4), any person adversely affected 
or aggrieved by a final order issued under paragraph (3) 
may obtain review of the order in the United States Court 
of Appeals for the circuit in which the violation, with 
respect to which the order was issued, allegedly occurred 
or the circuit in which the complainant resided on the
H. R. 2751—87 
date of such violation. 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. Review shall conform 
to chapter 7 of title 5, United States Code. The commence-
ment of proceedings under this subparagraph shall not, 
unless 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 per-
son 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 actions brought under 
this paragraph, the district courts shall have jurisdiction to 
grant all appropriate relief including, but not limited to, injunc-
tive relief and compensatory damages. 
‘‘(7) CIVIL ACTION TO REQUIRE COMPLIANCE.— 
‘‘(A) IN GENERAL.—A person on whose behalf an order 
was issued under paragraph (3) may commence a civil 
action against the person to whom such order was issued 
to require compliance with such order. The appropriate 
United States district court shall have jurisdiction, without 
regard to the amount in controversy or the citizenship 
of the parties, to enforce such order. 
‘‘(B) AWARD.—The court, in issuing any final order 
under this paragraph, may award costs of litigation 
(including reasonable attorneys’ 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, demo-
tion, discharge, suspension, threats, harassment, reprimand, 
retaliation, or any other manner of discrimination provided 
by Federal or State law. 
‘‘(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 bargaining 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 mandamus 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, distribution, reception, holding, or importa-
tion of food who, acting without direction from such entity (or 
such entity’s agent), deliberately causes a violation of any require-
ment relating to any violation or alleged violation of any order, 
rule, regulation, standard, or ban under this Act.’’.