§ 1831j. — Depository institution employee protection remedy.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 12USC1831j]
TITLE 12--BANKS AND BANKING
CHAPTER 16--FEDERAL DEPOSIT INSURANCE CORPORATION
Sec. 1831j. Depository institution employee protection remedy
(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) of this section
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)
of this section 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) of this section, the term
``Federal banking agency'' means the Corporation, the Board of Governors
of the Federal Reserve System, the Federal Housing Finance Board, the
Comptroller of the Currency, and the Director of the Office of Thrift
Supervision.
(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.
(Sept. 21, 1950, ch. 967, Sec. 2[33], as added Pub. L. 101-73, title IX,
Sec. 932(a), Aug. 9, 1989, 103 Stat. 494; amended Pub. L. 102-242, title
II, Sec. 251(a)(1)-(3), Dec. 19, 1991, 105 Stat. 2331, 2332; Pub. L.
103-204, Sec. 21(a), Dec. 17, 1993, 107 Stat. 2406; Pub. L. 103-325,
title VI, Sec. 602(a)(61), (c), Sept. 23, 1994, 108 Stat. 2291.)
Amendments
1994--Subsec. (a). Pub. L. 103-325, Sec. 602(c), amended directory
language of Pub. L. 103-204, Sec. 21(a). See 1993 Amendment note below.
Subsec. (c)(1). Pub. L. 103-325, Sec. 602(a)(61), substituted
semicolon for comma at end.
Subsec. (f). Pub. L. 103-325, Sec. 602(c)(1)-(3), amended directory
language of Pub. L. 103-204, Sec. 21(a)(1)(B). See 1993 Amendment note
below.
1993--Subsec. (a)(1). Pub. L. 103-204, Sec. 21(a)(1)(A), as amended
by Pub. L. 103-325, Sec. 602(c)(1)-(3), substituted ``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.'' for ``regarding any possible violation of any law or
regulation by the depository institution or any director, officer, or
employee of the institution.''
Subsec. (a)(2). Pub. L. 103-204, Sec. 21(a)(2)(A), (B), as amended
by Pub. L. 103-325, Sec. 602(c)(1), (2), (4), in introductory
provisions, substituted ``Federal reserve bank, or any person who is
performing, directly or indirectly, any function or service on behalf of
the Corporation'' for ``or Federal Reserve bank'' and ``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'' for ``any possible violation of any law or
regulation by''.
Subsec. (a)(2)(D). Pub. L. 103-204, Sec. 21(a)(2)(C)-(E), as amended
by Pub. L. 103-325, Sec. 602(c)(1), (2), (4), added subpar. (D).
Subsec. (f). Pub. L. 103-204, Sec. 21(a)(1)(B), as amended by Pub.
L. 103-325, Sec. 602(c)(1)-(3), added subsec. (f).
1991--Subsec. (a). Pub. L. 102-242, Sec. 251(a)(1), amended subsec.
(a) generally. Prior to amendment, subsec. (a) read as follows: ``No
federally 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 possible violation of any law or regulation by the
depository institution or any of its officers, directors, or
employees.''
Subsec. (c). Pub. L. 102-242, Sec. 251(a)(2), inserted ``, Federal
home loan bank, Federal Reserve bank, or Federal banking agency''.
Subsec. (e). Pub. L. 102-242, Sec. 251(a)(3), added subsec. (e).
Effective Date of 1991 Amendment
Section 251(a)(4) of Pub. L. 102-242 provided that: ``Paragraph (2)
of section 33(a) of the Federal Deposit Insurance Act [12 U.S.C.
1831j(a)(2)] (as added under the amendment made by paragraph (1)) shall
be treated as having taken effect on January 1, 1987, and for purposes
of any cause of action arising under such paragraph (as so effective)
before the date of the enactment of this Act [Dec. 19, 1991], the 2-year
period referred to in section 33(b) of such Act shall be deemed to begin
on such date of enactment.''
Section Referred to in Other Sections
This section is referred to in section 1790c of this title; title 31
section 5328.
