Page:United States Statutes at Large Volume 103 Part 1.djvu/522

 103 STAT. 494 PUBLIC LAW 101-73 —AUG. 9, 1989 and the credit union which is in effect during the period covered by the audit; and "(ii) a report of any action initiated or taken by the Board during such period under subsection (e), (f), (g), (i), (1), or (q) of section 206, or any similar action taken by a State regulatory agency under State law, or any other civil money penalty assessed by the Board under this Act, with respect to— "(I) the credit union; or "(II) any institution-affiliated party.". SEC. 932. DEPOSITORY INSTITUTION EMPLOYEE PROTECTION REMEDY. (a) EMPLOYEES OF DEPOSITORY INSTITUTIONS INSURED BY THE FDIC—The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is amended by adding after the section added by section 914(a) of this Act the following new section: 12 USC 1831J. "SEC. 33. DEPOSITORY INSTITUTION EMPLOYEE PROTECTION REMEDY. " (a) PROHIBITION AGAINST DISCRIMINATION AGAINST WHISTLE- BLOWERS.— No federally insured depository institution may dis- charge 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 bginking 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. "(b) ENFORCEMENT.—Any employee or former employee who be- lieves 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 gdso 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 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.". (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: 12 USC 1790b. "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 com- pensation, terms, conditions, or privileges of employment because

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