graph may not be waived by any public or 
private agreement, policy, form, or condi-
tion of employment, including by pre-dis-
pute arbitration agreement. 
(2) NON-LAW ENFORCEMENT EMPLOYEE.— 
(A) JUDICIAL
REMEDY.—Any individual 
who makes a protected disclosure to the Special 
Inspector General and believes that individual 
has suffered discrimination in violation of this 
section may file a complaint for relief pursuant 
to the procedures, burdens of proof, and rem-
edies in paragraph (1)(B). The court may 
award punitive damages. 
(B) GENERAL PROVISIONS.— 
(i) LIABILITY.—Notwithstanding any 
other provision of law, an individual shall 
be immune from civil and criminal liability 
with respect to a disclosure by the indi-
vidual if the individual would be protected 
from discrimination or retaliation under 
subsection (b) for making the protected 
disclosure. The individual shall bear the 
burden of proving that the individual 
would be protected from discrimination or 
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retaliation under subsection (b) for making 
the disclosure. 
(ii) CONFIDENTIALITY.— 
(I) IN GENERAL.—Except as re-
quired by law, when an applicant, em-
ployee, or former employee makes a 
protected disclosure to a person or 
body with authority to receive and ad-
dress the information, any individual 
or entity to which the person or body 
provides the information, may not dis-
close the identity or identifying infor-
mation of the individual providing the 
information without explicit written 
consent of the individual. 
(II) NOTICE.—If disclosure of 
the identity or identifying information 
of an individual providing a protected 
disclosure is required by law, the re-
cipient shall provide timely notice to 
the individual. 
(iii) NONENFORCEABILITY OF WAIVER 
OF
RIGHTS
AND
REMEDIES.—The rights 
and remedies provided for in this para-
graph may not be waived by any public or 
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private agreement, policy, form, or condi-
tion of employment, including by pre-dis-
pute arbitration agreement. 
(3) BURDEN OF PROOF.—The Special Inspector 
General and any other authority enforcing this Act 
shall apply the legal burdens of proof specified in 
section 1221(e)(1) of title 5, United States Code, in 
determining whether discrimination or retaliation 
prohibited under subsection (b) has occurred in ac-
cordance with the rules and procedures under para-
graph (1). 
(d) REQUIREMENT TO POST NOTICE OF RIGHTS AND 
REMEDIES.—Any employer subject to the authority of this 
Act shall post notice of the rights and remedies provided 
under this section in all offices in a common place easily 
visible to all employees. Any law enforcement organization 
subject to this Act shall prominently provide notice to the 
public of rights available to citizens under this Act. 
(e) RULES OF CONSTRUCTION.— 
(1) NO
IMPLIED
AUTHORITY
TO
RETALIATE 
FOR
NON-PROTECTED
DISCLOSURES.—Nothing in 
this section may be construed to authorize the dis-
charge of, demotion of, discrimination, or other re-
prisal against an employee, a former employee, or an 
individual seeking employment for a disclosure other 
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