collected pursuant to this paragraph, such amounts 
collected shall be paid to the owner of the property 
for which the claim involved was made. 
‘‘(c) EXEMPTION.—The offense under subsection (a) 
is exempted from the applicability of the fine provided 
under section 3571 of title 18, United States Code.’’. 
SEC. 9. WHISTLEBLOWER PROTECTION FOR EMPLOYEES. 
(a) IN GENERAL.—Part C of chapter 2 of the Na-
tional Flood Insurance Act of 1968 (42 U.S.C. 4081 et 
seq.), as amended by the preceding provisions of this Act, 
is further amended by adding at the end the following new 
section: 
‘‘SEC. 1352. WHISTLEBLOWER PROTECTION FOR EMPLOY-
EES. 
‘‘(a) IN GENERAL.—No person shall terminate or in 
any other way discriminate against, or cause to be termi-
nated or discriminated against, any covered employee or 
any authorized representative of covered employees by rea-
son of the fact that such employee or representative, 
whether at the initiative of the employee or in the ordinary 
course of the duties of the employee (or any person acting 
pursuant to a request of the employee), has— 
‘‘(1) provided, caused to be provided, or is 
about to provide or cause to be provided, informa-
tion to the employer, the Agency, the Federal Bu-
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reau of Investigation, or any other State, local, or 
Federal, government authority or law enforcement 
agency relating to any violation of, or any act or 
omission that there are reasonable grounds to be-
lieve (whether or not the employee actually has such 
belief) to be a violation of, any provision of any law 
relating to the National Flood Insurance Program or 
any rule, order, standard, or prohibition prescribed 
by the Agency in connection with the National Flood 
Insurance Program; 
‘‘(2) testified or will testify in any proceeding 
resulting from the administration or enforcement of 
any provision of any law relating to the National 
Flood Insurance Program or any rule, order, stand-
ard, or prohibition prescribed by the Agency in con-
nection with the National Flood Insurance program; 
‘‘(3) filed, instituted, or caused to be filed or in-
stituted any proceeding under the National Flood 
Insurance Program; or 
‘‘(4) objected to, or refused to participate in, 
any activity, policy, practice, or assigned task that 
the employee (or other such person) reasonably be-
lieved to be in violation of any law, rule, order, 
standard, or prohibition, subject to the jurisdiction 
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of, or enforceable by, the Agency in connection with 
the National Flood Insurance Program. 
‘‘(b) PROCEDURES AND TIMETABLES.— 
‘‘(1) COMPLAINT.— 
‘‘(A) 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 alleged violation 
occurs, file (or have any person file on his or 
her behalf) a complaint with the Administrator 
alleging such discharge or discrimination and 
identifying the person responsible for such act. 
‘‘(B) ACTIONS OF ADMINISTRATOR.—Upon 
receipt of such a complaint, the Administrator 
shall notify, in writing, the person named in the 
complaint who is alleged to have committed the 
violation, of— 
‘‘(i) the filing of the complaint; 
‘‘(ii) the allegations contained in the 
complaint; 
‘‘(iii) the substance of evidence sup-
porting the complaint; and 
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‘‘(iv) opportunities that will be af-
forded to such person under paragraph 
(2). 
‘‘(2) INVESTIGATION BY ADMINISTRATOR.— 
‘‘(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 who is alleged to have committed the 
violation that is the basis for the complaint an 
opportunity to submit to the Administrator a 
written response to the complaint and an oppor-
tunity to meet with a representative of the Ad-
ministrator to present statements from wit-
nesses, the Administrator shall— 
‘‘(i) initiate an investigation and de-
termine whether there is reasonable cause 
to believe that the complaint has merit; 
and 
‘‘(ii) notify the complainant and the 
person alleged to have committed the viola-
tion of subsection (a), in writing, of such 
determination. 
‘‘(B) NOTICE OF RELIEF AVAILABLE.—If 
the Administrator concludes that there is rea-
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sonable cause to believe that a violation of sub-
section (a) has occurred, the Administrator 
shall, together with the notice under subpara-
graph (A)(ii), issue a preliminary order pro-
viding the relief prescribed by paragraph 
(4)(B). 
‘‘(C) REQUEST FOR HEARING.—Not later 
than 30 days after the date of receipt of notifi-
cation of a determination of the Administrator 
under this paragraph, either the person alleged 
to have committed the violation or the com-
plainant may file objections to the findings or 
preliminary order, or both, and request a hear-
ing on the record. The filing of such objections 
shall not operate to stay any reinstatement 
remedy contained in the preliminary order. Any 
such hearing shall be conducted expeditiously, 
and 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. 
‘‘(3) GROUNDS FOR DETERMINATION OF COM-
PLAINTS.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall dismiss a complaint filed under this sub-
section, and shall not conduct an investigation 
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otherwise required under paragraph (2), unless 
the complainant makes a prima facie showing 
that any behavior described in paragraphs (1) 
through (4) of subsection (a) was a contrib-
uting factor in the unfavorable personnel action 
alleged in the complaint. 
‘‘(B) 
REBUTTAL
EVIDENCE.—Notwith-
standing a finding by the Administrator that 
the complainant has made the showing required 
under subparagraph (A), no investigation other-
wise required under paragraph (2) shall be con-
ducted, if the employer demonstrates, by clear 
and convincing evidence, that the employer 
would have taken the same unfavorable per-
sonnel action in the absence of that behavior. 
‘‘(C) EVIDENTIARY STANDARDS.—The Ad-
ministrator may determine that a violation of 
subsection (a) has occurred only if the com-
plainant demonstrates that any behavior de-
scribed in paragraphs (1) through (4) of sub-
section (a) was a contributing factor in the un-
favorable personnel action alleged in the com-
plaint. Relief may not be ordered under sub-
paragraph (A) if the employer demonstrates by 
clear and convincing evidence that the employer 
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would have taken the same unfavorable per-
sonnel action in the absence of that behavior. 
‘‘(4) ISSUANCE
OF
FINAL
ORDERS; REVIEW 
PROCEDURES.— 
‘‘(A) TIMING.—Not later than 120 days 
after the date of conclusion of any hearing 
under paragraph (2), the Administrator shall 
issue a final order providing the relief pre-
scribed by this paragraph or denying the com-
plaint. 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 Administrator, 
the complainant, and the person alleged to have 
committed the violation. 
‘‘(B) PENALTIES.— 
‘‘(i) ORDER OF ADMINISTRATOR.—If, 
in response to a complaint filed under 
paragraph (1), the Administrator deter-
mines that a violation of subsection (a) has 
occurred, the Administrator shall order the 
person who committed such violation— 
‘‘(I) to take affirmative action to 
abate the violation; 
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‘‘(II) to reinstate the complain-
ant to his or her former position, to-
gether with compensation, including 
twice the amount of back pay due, 
and restore the terms, conditions, and 
privileges associated with his or her 
employment; and 
‘‘(III) to provide compensatory 
damages to the complainant. 
‘‘(ii) PENALTY.—If an order is issued 
under clause (i), the Administrator, at the 
request of the complainant, shall assess 
against the person against whom the order 
is issued, a sum equal to the aggregate 
amount of all costs and expenses (includ-
ing attorney fees and expert witness fees) 
reasonably incurred, as determined by the 
Administrator, by the complainant for, or 
in connection with, the bringing of the 
complaint upon which the order was 
issued. 
‘‘(C) PENALTY FOR FRIVOLOUS CLAIMS.— 
If the Administrator finds that a complaint 
under paragraph (1) is frivolous or has been 
brought in bad faith, the Administrator may 
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award to the prevailing employer a reasonable 
attorney fee, not exceeding $1,000, to be paid 
by the complainant. 
‘‘(D) DE NOVO REVIEW.— 
‘‘(i) FAILURE
OF
THE
ADMINIS-
TRATOR TO ACT.—If the Administrator has 
not issued a final order within 210 days 
after the date of filing of a complaint 
under this subsection, or within 90 days 
after the date of receipt of 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 having jurisdiction, which 
shall have jurisdiction over such an action 
without regard to the amount in con-
troversy, and which action shall, at the re-
quest of either party to such action, be 
tried by the court with a jury. 
‘‘(ii) 
PROCEDURES.—A 
proceeding 
under clause (i) shall be governed by the 
same legal burdens of proof specified in 
paragraph (3). The court shall have juris-
diction to grant all relief necessary to 
make the employee whole, including injunc-
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tive relief and compensatory damages, in-
cluding— 
‘‘(I) reinstatement with the same 
seniority status that the employee 
would have had, but for the discharge 
or discrimination; 
‘‘(II) 
compensation 
in 
the 
amount equal to twice the amount of 
back pay due, with interest; and 
‘‘(III) compensation for any spe-
cial damages sustained as a result of 
the discharge or discrimination, in-
cluding litigation costs, expert witness 
fees, and reasonable attorney fees. 
‘‘(E) OTHER APPEALS.—Unless the com-
plainant brings an action under subparagraph 
(D), any person adversely affected or aggrieved 
by a final order issued under subparagraph (A) 
may file a petition for 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 cir-
cuit in which the complainant resided on the 
date of such violation, not later than 60 days 
after the date of the issuance of the final order 
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of the Administrator under subparagraph (A). 
Review shall conform to chapter 7 of title 5, 
United States Code. The commencement of pro-
ceedings under this subparagraph shall not, un-
less ordered by the court, operate as a stay of 
the order. An order of the Administrator with 
respect to which review could have been ob-
tained under this subparagraph shall not be 
subject to judicial review in any criminal or 
other civil proceeding. 
‘‘(5) FAILURE TO COMPLY WITH ORDER.— 
‘‘(A) ACTIONS BY THE ADMINISTRATOR.— 
If any person has failed to comply with a final 
order issued under paragraph (4), the Adminis-
trator may file a civil action in the United 
States district court for the district in which 
the violation was found to have occurred, 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 appro-
priate relief including injunctive relief and com-
pensatory damages. 
‘‘(B) CIVIL ACTIONS TO COMPEL COMPLI-
ANCE.—A person on whose behalf an order was 
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issued under paragraph (4) may commence a 
civil action against the person to whom such 
order was issued to require compliance with 
such order. The appropriate United States dis-
trict court shall have jurisdiction, without re-
gard to the amount in controversy or the citi-
zenship of the parties, to enforce such order. 
‘‘(C) AWARD
OF
COSTS
AUTHORIZED.— 
The court, in issuing any final order under this 
paragraph, may award costs of litigation (in-
cluding reasonable attorney and expert witness 
fees) to any party, whenever the court deter-
mines such award is appropriate. 
‘‘(D) 
MANDAMUS
PROCEEDINGS.—Any 
nondiscretionary duty imposed by this section 
shall be enforceable in a mandamus proceeding 
brought under section 1361 of title 28, United 
States Code. 
‘‘(c) UNENFORCEABILITY
OF
CERTAIN
AGREE-
MENTS.— 
‘‘(1) NO WAIVER OF RIGHTS AND REMEDIES.— 
Except as provided under paragraph (3), and not-
withstanding any other provision of law, the rights 
and remedies provided for in this section may not be 
waived by any agreement, policy, form, or condition 
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of employment, including by any pre-dispute arbitra-
tion agreement. 
‘‘(2) NO
PRE-DISPUTE
ARBITRATION
AGREE-
MENTS.—Except as provided under paragraph (3), 
and notwithstanding any other provision of law, no 
pre-dispute arbitration agreement shall be valid or 
enforceable to the extent that it requires arbitration 
of a dispute arising under this section. 
‘‘(3) EXCEPTION.—Notwithstanding paragraphs 
(1) and (2), an arbitration provision in a collective 
bargaining agreement shall be enforceable as to dis-
putes arising under subsection (a)(4), unless the Ad-
ministrator determines, by rule, that such provision 
is inconsistent with the purposes of this title. 
‘‘(d) DEFINITIONS.—For purposes of this section, the 
following definitions shall apply: 
‘‘(1) ADMINISTRATOR.—The term ‘Adminis-
trator’ means the Administrator of the Federal 
Emergency Management Agency. 
‘‘(2) AGENCY.—The term ‘Agency’ means the 
Federal Emergency Management Agency. 
‘‘(3) COVERED EMPLOYEE.—The term ‘covered 
employee’ means any individual performing tasks re-
lated to the National Flood Insurance Program, in-
cluding such employees of— 
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‘‘(A) the Agency; 
‘‘(B) the Department of Homeland Secu-
rity; 
‘‘(C) an insurance company participating 
in the Write Your Own program (as such term 
is defined in section 100202 of the Biggert- 
Waters Flood Insurance Reform Act of 2012 
(42 U.S.C. 4004)); 
‘‘(D) a third-party administrator for an in-
surance company described in subparagraph 
(C); 
‘‘(E) an engineer, or engineering company, 
engaged in providing engineering services in 
connection with the National Flood Insurance 
Program, or a sub-contractor of such an engi-
neer or company; and 
‘‘(F) a claims adjuster, or claims adjusting 
company, engaged in providing claims adjusting 
services in connection with the National Flood 
Insurance Program, or a sub-contractor of such 
an claims adjuster or company.’’. 
(b) AVAILABILITY OF FLOOD INSURANCE FUND.— 
Subsection (a) of section 1310 of the National Flood In-
surance Act of 1968 (42 U.S.C. 4017(a)), as amended by 
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section 6(b) of this Act, is further amended by inserting 
after paragraph (7) the following new paragraph: 
‘‘(7) for penalties, relief, and costs under sec-
tion 1352(b), to the extent ordered to be paid by the 
Administrator or any officer or employee of the Fed-
eral Emergency Management Agency;’’. 
SEC. 10. ENGINEERING FIRM INDEPENDENCE. 
Part C of chapter 2 of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4081 et seq.), as amended by the 
preceding provisions of this Act, is further amended by 
adding at the end the following new sections: 
‘‘SEC. 1353. SELECTION AND REPLACEMENT OF CLAIMS AD-
JUSTING AND ENGINEERING COMPANIES. 
‘‘(a) In the case of an insurance company partici-
pating in the Write Your Own program (as such term is 
defined in section 100202 of the Biggert-Waters Flood In-
surance Reform Act of 2012 (42 U.S.C. 4004)) that en-
gages any adjusting company or engineering company in 
the adjustment of a claim for losses resulting from struc-
tural damage to a property under a policy for flood insur-
ance coverage made available under this title— 
‘‘(1) no representative of the adjusting company 
or engineering company may visit the property be-
fore the expiration of the 30-day period beginning 
upon the date that the insurance company provides 
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notice to the owner of the property that such adjust-
ing or engineering company has been engaged, un-
less the owner, in writing, consents to an earlier 
visit; and 
‘‘(2) if the policyholder submits to the insur-
ance company written notice of disapproval of the 
adjusting or engineering company selected by such 
insurance company before a representative of the ad-
justing or engineering company first visits the prop-
erty, such insurance company shall— 
‘‘(A) within 30 days after the policy-
holder’s notification of such disapproval— 
‘‘(i) submit to the Administrator no-
tice of the policyholders notification of 
such disapproval; and 
‘‘(ii) submit to the policyholder a list 
of not less than three other adjusting or 
engineering companies, as the case may be, 
that are unaffiliated with the disapproved 
company to conduct the activities involved 
in adjusting such claim; and 
‘‘(B) replace the original adjusting or engi-
neering company with the company from such 
list selected by the policyholder, if the policy-
holder notifies the insurance company and the 
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Administrator, in writing, of the policyholder’s 
selected company within 30 days after receiving 
the list required under subparagraph (A). 
‘‘SEC. 1354. ENGINEERING FIRM INDEPENDENCE. 
‘‘(a) IN GENERAL.—It shall be unlawful, in partici-
pating in the Write Your Own program (as such term is 
defined in section 100202 of the Biggert-Waters Flood In-
surance Reform Act of 2012 (42 U.S.C. 4004)), to engage 
in any act or practice that violates the independence of 
an engineering company or individual engineer providing 
engineering services in connection with flood insurance 
coverage made available under this title. 
‘‘(b) VIOLATIONS.—For purposes of subsection (a), 
acts or practices that violate the independence of an engi-
neering company or individual engineer shall include— 
‘‘(1) the preparation or submission of any engi-
neering report in connection with a claim for dam-
ages under flood insurance coverage in which a per-
son with an interest in the award of such damages 
compensates, coerces, extorts, colludes, instructs, in-
duces, bribes, or intimidates a person, engineering 
firm, or other entity responsible for assessing dam-
ages for the purpose of causing the damages as-
signed to be based on any factor other than the 
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