Sec. 11506. Protection against retaliation
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/bill/118/s/5335/is/section-11506·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 515 of the Federal Crop Insurance Act ( 7 U.S.C. 1515 ) is amended by adding at the end the following: No person may take any action, including an action described in subparagraph (B)— to impede an individual, including an agent, a loss adjuster, or a producer, from reporting to the Secretary, the Corporation, or the Risk Management Agency— a possible violation of this subtitle or the regulations promulgated thereunder; or fraud, waste, or abuse relating to the Federal crop insurance program; or to penalize or discriminate against an individual for reporting under clause (i). An action referred to in subparagraph
(A)includes— any action relating to the terms and conditions of employment of an individual described in clause
(i)of that subparagraph; any action relating to the obtaining of any policy or plan of insurance by such an individual; and any changes to the compensation of such an individual for the sale or service of a policy or plan of insurance. Except as provided in clause (ii), an individual who alleges that a person has taken an action in violation of paragraph
(1)may bring an action under this subsection against that person in the appropriate district court of the United States for the relief provided in paragraph (3). If the individual who is alleging that a person has taken an action in violation of paragraph
(1)is an employee of the Federal Government, the individual may only bring an action under section 1221 of title 5, United States Code. A subpoena requiring the attendance of a witness at a trial or hearing conducted pursuant to this subsection may be served at any place in the United States. An action under this subsection may not be brought more than 2 years after the date on which the alleged violation of paragraph
(1)is committed. Relief for an individual prevailing in an action brought under paragraph
(2)shall include— reinstatement with the same seniority status that the individual would have had but for the discrimination; the amount of back pay or compensation otherwise owed to the individual, with interest; and compensation for any special damages sustained as a result of prohibited action, including litigation costs, expert witness fees, and reasonable attorney’s fees. Except as provided in subparagraph (B), the Secretary, the Corporation, and the Risk Management Agency shall not disclose any information that may reasonably be expected to reveal the identity of an individual who reports a possible violation or fraud, waste, or abuse described in subclauses
(I)and
(II)of paragraph (1)(A)(i), respectively, including information provided by that individual. The Secretary, the Corporation, and the Risk Management Agency shall only disclose information described in subparagraph
(A)in accordance with section 552a of title 5, United States Code. The Secretary, the Corporation, and the Risk Management Agency shall disclose information described in subparagraph
(A)if that information is required to be disclosed to a defendant or respondent in connection with a public proceeding instituted by the Commission or any entity described in items
(aa)through
(dd)of clause (iii)(I). The Secretary, the Corporation, and the Risk Management Agency may, if determined by the Secretary to be necessary or appropriate to accomplish the purposes of this subtitle, make the information described in subparagraph
(A)available to— the Department of Justice; an appropriate department or agency of the Federal Government; a State attorney general in connection with any criminal investigation; and an appropriate department or agency of any State. The provision of information under subclause
(I)to the entities described in that subclause shall not affect the status of the information as confidential. Each entity described in items
(aa)through
(dd)of subclause
(I)shall maintain the information provided under that subclause as confidential in the same manner as the information is maintained by the Secretary, the Corporation, and the Risk Management Agency under subparagraph (A). Nothing in this paragraph limits the ability of the Attorney General to present evidence containing information described in subparagraph
(A)to a grand jury or share such evidence with potential witnesses or defendants in the course of an ongoing criminal investigation. For purposes of subparagraph (A), this section shall be considered a statute described in section 552(b)(3)(B) of title 5, United States Code. Nothing in this subsection shall diminish the rights, privileges, or remedies of any whistleblower under any Federal or State law or any collective bargaining agreement. The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including a predispute arbitration agreement. A predispute arbitration agreement shall not be valid or enforceable if the predispute arbitration agreement requires arbitration of a dispute arising under this subsection. .
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Sec. 11506
Protection against retaliation
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