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12 U.S.C. § 1831j — Depository institution employee protection remedy

Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1831j — Depository institution employee protection remedy

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Source file: Laws/federal/codes/united-states-code/title-12/section-1831j-depository-institution-employee-protection-remedy--07a1a74ad0.md
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Source location: Title 12, Chapter 16, § 1831j; chapter-016-federal-deposit-insurance-corporation.md

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**(a) In general** (1) **Employees of depository institutions** — No insured depository institution may discharge or otherwise discriminate against any employee with respect to compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to the request of the employee) provided information to any Federal banking agency or to the Attorney General regarding— (A) a possible violation of any law or regulation; or (B) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; by the depository institution or any director, officer, or employee of the institution. (2) **Employees of banking agencies** — No Federal banking agency, Federal home loan bank, Federal reserve bank, or any person who is performing, directly or indirectly, any function or service on behalf of the Corporation may discharge or otherwise discriminate against any employee with respect to compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to the request of the employee) provided information to any such agency or bank or to the Attorney General regarding any possible violation of any law or regulation, gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety by— (A) any depository institution or any such bank or agency; (B) any director, officer, or employee of any depository institution or any such bank; (C) any officer or employee of the agency which employs such employee; or (D) the person, or any officer or employee of the person, who employs such employee. **(b) Enforcement** Any employee or former employee who believes he has been discharged or discriminated against in violation of subsection (a) may file a civil action in the appropriate United States district court before the close of the 2-year period beginning on the date of such discharge or discrimination. The complainant shall also file a copy of the complaint initiating such action with the appropriate Federal banking agency. **(c) Remedies** If the district court determines that a violation of subsection (a) has occurred, it may order the depository institution, Federal home loan bank, Federal Reserve bank, or Federal banking agency which committed the violation— (1) to reinstate the employee to his former position; (2) to pay compensatory damages; or (3) take other appropriate actions to remedy any past discrimination. **(d) Limitation** The protections of this section shall not apply to any employee who— (1) deliberately causes or participates in the alleged violation of law or regulation; or (2) knowingly or recklessly provides substantially false information to such an agency or the Attorney General. **(e) “Federal banking agency” defined** For purposes of subsections (a) and (c), the term “Federal banking agency” means the Corporation, the Board of Governors of the Federal Reserve System, the Federal Housing Finance Agency and the Comptroller of the Currency. **(f) Burdens of proof** The legal burdens of proof that prevail under subchapter III of chapter 12 of title 5 shall govern adjudication of protected activities under this section.

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 906 — General and special sequestration rules

**(a) Repealed. Pub. L. 111–139, title I, § 10(a), Feb. 12, 2010, 124 Stat. 21** **(b) Student loans** For all student loans under part B or D of title IV of the Higher Education Act of 1965 [[20 U.S.C. 1071](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1071&num=0&edition=prelim) et seq., 1087a et seq.] made during the period when a sequestration order under [section 904 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section904&num=0&edition=prelim) is in effect as required by section 902 or 903 of this title, origination fees under sections 438(c)(2) and (6) and 455(c) [[20 U.S.C. 1087–1(c)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087–1/c/2&num=0&edition=prelim), (6), 1087e(c)] and loan processing and issuance fees under section 428(f)(1)(A)(ii) of that Act [[20 U.S.C. 1078(f)(1)(A)(ii)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078/f/1/A/ii&num=0&edition=prelim)] shall each be increased by the uniform percentage specified in that sequestration order, and, for student loans originated during the period of the sequestration, special allowance payments under section 438(b) of that Act [[20 U.S.C. 1087–1(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087–1/b&num=0&edition=prelim)] accruing during the period of the sequestration shall be reduced by the uniform percentage specified in that sequestration order. **(c) Repealed. Pub. L. 111–139, title I, § 10(c), Feb. 12, 2010, 124 Stat. 22** **(d) Special rules for Medicare program** (1) **Calculation of reduction in payment amounts** — To achieve the total percentage reduction in those programs required by section 902 or 903 of this title, subject

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1790e — Reward for information leading to recoveries or civil penalties

The Board may pay rewards in connection with an offense affecting an insured credit union, under the same circumstances and subject to the same limitations that a Federal banking agency may pay rewards under [section 1831j of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1831j&num=0&edition=prelim) in connection with an offense affecting a depository institution insured by the Federal Deposit Insurance Corporation.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 5323 — Whistleblower incentives and protections

**(a) Definitions.—** In this section: (1) **Covered judicial or administrative action.—** — The term “covered judicial or administrative action” means any judicial or administrative action brought by the Secretary of the Treasury (referred to in this section as the “Secretary”) or the Attorney General under this subchapter, chapter 35 or section 4305 or 4312 of title 50, the Foreign Narcotics Kingpin Designation Act ([21 U.S.C. 1901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section1901&num=0&edition=prelim) et seq.), or .),11 So in original. and for conspiracies to violate the aforementioned provisions that results in monetary sanctions exceeding $1,000,000. (2) **Monetary sanctions.—** — The term “monetary sanctions”, when used with respect to any judicial or administrative action— (A) means any monies, including penalties, disgorgement, and interest, ordered to be paid; and (B) does not include— (i) forfeiture; (ii) restitution; or (iii) any victim compensation payment. (3) **Original information.—** — The term “original information” means information that— (A) is derived from the independent knowledge or analysis of a whistleblower; (B) is not known to the Secretary or the Attorney General from any other source, unless the whistleblower is the original source of the information; and (C) is not exclusively derived from an allegation made in a judicial or administrative hearing, in a governmental report, hearing, audit, or investigation, or from the news media, unless the whistleblower is a source of the information. (4) **Related action.—** — The term “related action”, when used with respect to any covered judicial or administrative action brought by the Secretary or the Attorney General, means any judicia

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1831j — Depository institution employee protec-

Page 1152 TITLE 12—BANKS AND BANKING § 1831j (1) the information described in section 1817(j)(6)(A) of this title about the individual; and (2) such other information as the agency may prescribe by regulation. (e) Standard for disapproval The appropriate Federal banking agency shall issue a notice of disapproval with respect to a notice submitted pursuant to subsection (a) if the competence, experience, character, or integ- rity of the individual with respect to whom such notice is submitted indicates that it would not be in the best interests of the depositors of the depository institution or in the best interests of the public to permit the individual to be em- ployed by, or associated with, the depository in- stitution or depository institution holding com- pany. (f) Definition regulations Each appropriate Federal banking agency shall prescribe by regulation a definition for the terms ‘‘troubled condition’’ and ‘‘senior execu- tive officer’’ for purposes of subsection (a). (Sept. 21, 1950, ch. 967, § 2[32], as added Pub. L. 101–73, title IX, § 914(a), Aug. 9, 1989, 103 Stat. 484; amended Pub. L. 104–208, div. A, title II, § 2209, Sept. 30, 1996, 110 Stat. 3009–409.) Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–208, § 2209(1)(A), (B), in introductory provisions, inserted ‘‘(or such other pe- riod, as determined by the appropriate Federal banking agency)’’ after ‘‘30 days’’ and substituted ‘‘if’’ for ‘‘if the insured depository institution or depository insti- tution holding company’’. Subsec. (a)(1). Pub. L. 104–208, § 2209(1)(E), inserted ‘‘the insured depository institution or depository insti- tution holding company’’ before ‘‘is not in compliance’’ and substituted ‘‘; or’’ for period at end. Pub. L. 104–208, § 2209(1)(C),

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