§ 1790b. Credit union employee protection remedy

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1934

   Financial Institutions Reform, Recovery, and Enforcement Act of 1989

   Pub. L. 101–73 title IX § 932(b) · 103 Stat. 183

   Enacted · 12 U.S.C. § 1790b

   June 26, 1934, ch. 750, title II, § 213, as added Pub. L. 101–73, title IX, § 932(b), Aug. 9, 1989, 103 Stat. 494

   Source evidence

   Code source credit
   June 26, 1934, ch. 750, title II, § 213, as added Pub. L. 101–73, title IX, § 932(b), Aug. 9, 1989, 103 Stat. 494

   Enacted provision · exact public law section
   (b) Employees of Credit Unions Insured by the NCUA.— The Federal Credit Union Act (12 U.S.C. 1751 et seq.) is amended by inserting after the section added by section 914(b) of this Act the following new section: “SEC. 213. CREDIT UNION EMPLOYEE PROTECTION REMEDY. “(a) Prohibition Against Discrimination Against Whistle-blowers.— No federally insured credit union 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 Board or to the Attorney General regarding a possible violation of any law or regulation by the credit union or any of its officers, directors, or employees. “(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 Board. “(c) Remedies.— If the district court determines that a violation of subsection (a) has occurred, it may order the credit union 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) Limitations.— 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.”.

2. 1991

   Federal Deposit Insurance Corporation Improvement Act of 1991

   Pub. L. 102–242 § 251(b)(1) · 105 Stat. 2236

   1. Substituted · 12 U.S.C. § 1790b(a)

      Pub. L. 102–242, § 251(b)(1), substituted “In general” for “Prohibition against discrimination against whistleblowers” in heading

   2. Amended · 12 U.S.C. § 1790b(a)

      Pub. L. 102–242, § 251(b)(1), amended text generally. Prior to amendment, text read as follows: “No federally insured credit union 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 Board or to the Attorney General regarding a possible violation of any law or regulation by the credit union or any of its officers, directors, or employees.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–242, § 251(b)(1), substituted “In general” for “Prohibition against discrimination against whistleblowers” in heading and amended text generally. Prior to amendment, text read as follows: “No federally insured credit union 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 Board or to the Attorney General regarding a possible violation of any law or regulation by the credit union or any of its officers, directors, or employees.”

   Enacted provision · exact public law section
   (1) In general.— Section 213(a) of the Federal Credit Union Act (12 U.S.C. 1790b(a)) is amended to read as follows: “(a) In General.— “(1) Employees of credit unions.— No insured credit union 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 Board or the Attorney General regarding any possible violation of any law or regulation by the credit union or any director, officer, or employee of the credit union. “(2) Employees of the administration.— The Administration may not discharge or otherwise discriminate against any employee (including any employee of the National Credit Union Central Liquidity Facility) 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 Administration or the Attorney General regarding any possible violation of any law or regulation by— “(A) any credit union the Administration; “(B) any director, officer, or employee of any depository institution or any such bank; or “(C) any officer or employee of the Administration.”.

   Effective date note
   Amendment by Pub. L. 102–550 effective as if included in the Federal Deposit Insurance Corporation Improvement Act of 1991, Pub. L. 102–242, as of Dec. 19, 1991, see section 1609(a) of Pub. L. 102–550, set out as a note under section 191 of this title.

3. 1991

   Federal Deposit Insurance Corporation Improvement Act of 1991

   Pub. L. 102–242 § 251(b)(2) · 105 Stat. 2236

   Inserted · 12 U.S.C. § 1790b(c)

   Pub. L. 102–242, § 251(b)(2), inserted “or the Administration” after “the credit union”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 102–242, § 251(b)(2), inserted “or the Administration” after “the credit union”.

   Enacted provision · exact public law section
   (2) Technical and conforming amendment.— Section 213(c) of the Federal Credit Union Act (12 U.S.C. 1790b(c)) is amended by inserting “or the Administration” after “credit union”.

   Effective date note
   Amendment by Pub. L. 102–550 effective as if included in the Federal Deposit Insurance Corporation Improvement Act of 1991, Pub. L. 102–242, as of Dec. 19, 1991, see section 1609(a) of Pub. L. 102–550, set out as a note under section 191 of this title.

4. 1992

   Housing and Community Development Act of 1992

   Pub. L. 102–550 title XVI § 1604(d) · 106 Stat. 3672

   1. Substituted · 12 U.S.C. § 1790b(a)(2)

      Pub. L. 102–550 substituted, in subpar. (A), “union or the” for “union the”

   2. Substituted · 12 U.S.C. § 1790b(a)(2)

      Pub. L. 102–550 substituted, in subpar. (A), “committee member, or employee of any credit union” for “or employee of any depository institution or any such bank”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 102–550 substituted, in subpar. (A), “union or the” for “union the” and in subpar. (B), “committee member, or employee of any credit union” for “or employee of any depository institution or any such bank”.

   Enacted provision · exact public law section
   (d) Amendments Relating to Subtitle E.— Section 213(a)(2) of the Federal Credit Union Act (12 U.S.C. 1790b(a)) (as amended by section 251(b) of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended— (1) in subparagraph (A), by inserting “or” after “credit union”; and (2) in subparagraph (B), by striking “or employee” and all that follows through the semicolon and inserting “committee member, or employee of any credit union;”.

   Effective date note
   Amendment by Pub. L. 102–550 effective as if included in the Federal Deposit Insurance Corporation Improvement Act of 1991, Pub. L. 102–242, as of Dec. 19, 1991, see section 1609(a) of Pub. L. 102–550, set out as a note under section 191 of this title.

6 of 6 references resolved to an enrolled provision