31 U.S. Code § 5328 - Whistleblower protections

(a) Prohibition Against Discrimination.— No financial institution or nonfinancial trade or business 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 the Secretary of the Treasury, the Attorney General, or any Federal supervisory agency regarding a possible violation of any provision of this subchapter or section 1956, 1957, or 1960 of title 18, or any regulation under any such provision, by the financial institution or nonfinancial trade or business or any director, officer, or employee of the financial institution or nonfinancial trade or business.
(b) Enforcement.— Any employee or former employee who believes that such employee 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 end of the 2-year period beginning on the date of such discharge or discrimination.
(c) Remedies.— If the district court determines that a violation has occurred, the court may order the financial institution or nonfinancial trade or business which committed the violation to—
(1) reinstate the employee to the employee’s former position;
(2) 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 the Secretary, the Attorney General, or any Federal supervisory agency.
(e) Coordination With Other Provisions of Law.— This section shall not apply with respect to any financial institution or nonfinancial trade or business which is subject to section 33 of the Federal Deposit Insurance Act, section 213 of the Federal Credit Union Act, or section 21A(q)  [1] of the Home Owners’ Loan Act (as added by section 251(c) of the Federal Deposit Insurance Corporation Improvement Act of 1991).


[1]  See References in Text note below.

Source

(Added Pub. L. 102–550, title XV, § 1563(a),Oct. 28, 1992, 106 Stat. 4072; amended Pub. L. 107–56, title III, § 365(c)(2)(B)(i),Oct. 26, 2001, 115 Stat. 335.)
References in Text

Section 33 of the Federal Deposit Insurance Act, referred to in subsec. (e), is classified to section 1831j of Title 12, Banks and Banking.
Section 213 of the Federal Credit Union Act, referred to in subsec. (e), is classified to section 1790b of Title 12, Banks and Banking.
Section 21A(q) of the Home Owners’ Loan Act, referred to in subsec. (e), probably means section 21A(q) of the Federal Home Loan Bank Act, which was classified to former section 1441a (q) of Title 12, Banks and Banking, prior to repeal by Pub. L. 111–203, title III, § 364(b),July 21, 2010, 124 Stat. 1555.
Amendments

2001—Subsecs. (a), (c), (e). Pub. L. 107–56inserted “or nonfinancial trade or business” after “financial institution” wherever appearing.

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

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12 CFR - Banks and Banking

12 CFR Part 326 - MINIMUM SECURITY DEVICES AND PROCEDURES AND BANK SECRECY ACT 1 COMPLIANCE

17 CFR - Commodity and Securities Exchanges

17 CFR Part 42 - ANTI-MONEY LAUNDERING, TERRORIST FINANCING

31 CFR - Money and Finance: Treasury

31 CFR Part 42

31 CFR Part 103 - FINANCIAL RECORDKEEPING AND REPORTING OF CURRENCY AND FOREIGN TRANSACTIONS

31 CFR Part 1010 - GENERAL PROVISIONS

31 CFR Part 1012

31 CFR Part 1020 - RULE FOR BANKS

31 CFR Part 1021 - RULES FOR CASINOS AND CARD CLUBS

31 CFR Part 1022 - RULES FOR MONEY SERVICES BUSINESSES

31 CFR Part 1023 - RULES FOR BROKERS OR DEALERS IN SECURITIES

31 CFR Part 1024 - RULES FOR MUTUAL FUNDS

31 CFR Part 1025 - RULES FOR INSURANCE COMPANIES

31 CFR Part 1026 1027

31 CFR Part 1028 - RULES FOR OPERATORS OF CREDIT CARD SYSTEMS

31 CFR Part 1029 - 1099 [Reserved]

 

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