‘‘(b) JUDICIAL REVIEW.—An order assessing a civil 
penalty under subsection (a) shall be final and conclusive 
unless the person files, within 30 days from the effective 
date of the order, an application for judicial review in the 
Court of Appeals of the United States for the circuit in 
which such person resides or has its principal place of 
business or in the United States Court of Appeals for the 
District of Columbia Circuit by filing a notice of appeal 
in such court and by simultaneously sending a copy of 
such notice by certified mail to the Secretary. The Sec-
retary shall promptly file in such court a certified copy 
of the record upon which such penalty was assessed. The 
findings of the Secretary shall be set aside only if found 
to be unsupported by substantial evidence on the record 
as a whole. 
‘‘(c) COLLECTION ACTIONS.—If any person fails to 
pay an assessment of a civil penalty after it has become 
a final and unappealable order, or after the appropriate 
court of appeals has entered final judgment in favor of 
the Secretary, the Secretary shall refer the matter to the 
Attorney General, who shall institute a civil action to re-
cover the amount assessed in an appropriate district court 
of the United States. In such collection action, the validity 
and appropriateness of the Secretary’s order imposing the 
civil penalty shall not be subject to review.
‘‘(d) PENALTIES PAID INTO TREASURY.—All pen-
alties collected under authority of this section shall be paid 
into the Treasury of the United States. 
‘‘(e) SECRETARY’S DISCRETION TO PROSECUTE.— 
Nothing in this Act shall be construed as requiring the 
Secretary to report for prosecution, or for the institution 
of libel or injunction proceedings, violations of this Act 
whenever the Secretary believes that the public interest 
will be adequately served by assessment of civil penalties. 
‘‘(f) REMEDIES NOT EXCLUSIVE.—The remedies pro-
vided in this section shall be in addition to and not exclu-
sive of other remedies that may be available. 
‘‘SEC. 418. WHISTLEBLOWER PROTECTION. 
‘‘(a) IN GENERAL.—No employee or other person 
may be harassed, prosecuted, held liable, or discriminated 
against in any way because that person— 
‘‘(1) has commenced, caused to be commenced, 
or is about to commence a proceeding, testified or is 
about to testify at a proceeding, or assisted or par-
ticipated or is about to assist or participate in any 
manner in such a proceeding or in any other action 
to carry out the purposes, functions, or responsibil-
ities of the Consumer Food Safety Act of 2005, the 
Federal Food, Drug, and Cosmetic Act, the Meat
Inspection Act, or the Poultry Products Inspection 
Act; or 
‘‘(2) is refusing to violate or assist in violation 
of law, rule, or regulation. 
‘‘(b) PROCEDURES.—The process and procedures 
with respect to prohibited discrimination under subsection 
(a) shall be governed by the applicable provisions of sec-
tion 31105 of title 49, United States Code, unless the 
party bringing an action under this subsection chooses al-
ternative dispute resolution procedures such as mediation 
or arbitration. 
‘‘(c) BURDENS OF PROOF.—The legal burdens of 
proof with respect to prohibited discrimination under sub-
section (a) shall be governed by the applicable provisions 
of sections 1214 and 1221 of title 5, United States Code. 
‘‘SEC. 419. ADMINISTRATION AND ENFORCEMENT; APPLICA-
BILITY OF PENALTY PROVISIONS; CONDUCT 
OF INQUIRIES; POWER AND JURISDICTION OF 
COURTS. 
‘‘For the efficient administration and enforcement of 
this chapter, the provision (including penalties) of sections 
46, 48, 49, and 50 of title 15 (except subsections (c) 
through (h) of section 46 and section 49 of title 15), are 
made applicable to the jurisdiction, powers, and duties of 
the Secretary in administrating and enforcing the provi-