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Whistleblower Protection

Employee Notifications pursuant to Whistleblower Protection Enhancement Act of 2012

As required by the Whistleblower Protection Enhancement Act of 2012, Pub. L. No. 112-199, §§104(b)(2), 115(a)(2), the NCUA hereby gives notice on its website that it is a prohibited personnel practice for the agency to implement or enforce any nondisclosure policy, form, or agreement, that does not contain the following statement prescribed at 5 U.S.C. 2302(b)(13):

“These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive Order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this [nondisclosure policy, form, or] agreement and are controlling.”

The following Executive orders and statutory provisions are controlling in the case of a conflict with an NCUA nondisclosure policy, form, or agreement:

  • Executive Order No. 13526 (December 29, 2009) EO 13526;
  • Section 7211 of Title 5, United States Code 5 USC 7211 (governing disclosures to Congress);
  • Section 1034 of Title 10, United States Code, as amended by the Military Whistleblower Protection Act 10 USC 1034  (governing disclosure to Congress by members of the military);
  • Section 2302(b)(8) of Title 5, United States Code, as amended by the Whistleblower Protection Act of 1989 5 USC 2302(b)(8) (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats);
  • Intelligence Identities Protection Act of 1982, 50 U.S.C. 421 et seq. 50 USC 421 et seq. (governing disclosures that could expose confidential government agents);
  • The statutes which protect against disclosure that may compromise the national security, including sections 641, 793, 794, 798 and 952 of title 18, United States Code 18 USC 641;18 USC 793-79818 USC 952;
  • Section 4(b) of the Subversive Activities Act of 1950, 50 U.S.C. 783(b) 50 USC 783(b);
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