ADDITIONAL WHISTLEBLOWER PROTECTIONS.

SEC. 251. ADDITIONAL WHISTLEBLOWER PROTECTIONS. (a) Additional Coverage Established Under Federal Deposit Insurance Act.— 105 STAT. 2332 (1) In general.— Section 33(a) of the Federal Deposit Insurance Act (12 U.S.C. 1831j(a)) is amended to read as follows: “(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 any possible violation of any law or regulation 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, or Federal Reserve bank 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 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; or “(C) any officer or employee of the agency which employs such employee.”. (2) Technical and conforming amendment.— Section 33(c) of the Federal Deposit Insurance Act (12 U.S.C. 1831j(c)) is amended by inserting “, Federal home loan bank, Federal Reserve bank, or Federal banking agency” after “depository institution”. (3) Definition.— Section 33 of the Federal Deposit Insurance Act (12 U.S.C. 1831j) is amended by adding at the end the following new subsection: “(e) Federal Banking Agency Defined.— For purposes of subsections (a) and (c), 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.”. (4) Effective date.— Paragraph (2) of section 33(a) of the Federal Deposit Insurance Act (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, the 2-year period referred to in section 33(b) of such Act shall be deemed to begin on such date of enactment. (b) Additional Coverage Established Under Federal Credit Union Act.— (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 105 STAT. 2333Board 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.”. (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”. (3) Effective date.— Paragraph (2) of section 213(a) of the Federal Credit Union Act (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, the 2-year period referred to in section 213(b) of such Act shall be deemed to begin on such date of enactment. (c) Coverage for Employees of RTC, Oversight Board, and RTC Contractors.— (1) Coverage established.— Section 21A of the Federal Home Loan Bank Act (12 U.S.C. 1441a) is amended by adding at the end the following new subsection: “(q) RTC, Oversight Board, and RTC Contractor Employee Protection Remedy.— “(1) Prohibition against discrimination.— The Corporation, the Oversight Board, and any person who is performing, directly or indirectly, any function or service on behalf of the Corporation or the Oversight Board may not discharge or otherwise discriminate against any employee (including any employee of the Federal Deposit Insurance Corporation on assignment to the Corporation under this section or any personnel referred to in subparagraphs (C) and (F) of subsection (a)(5)) 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 Corporation, the Oversight Board, the Attorney General, or any appropriate Federal banking agency (as defined in section 3(q) of the Federal Deposit Insurance Act) regarding any possible violation of any law or regulation by the Corporation, the Oversight Board, or such person or any director, officer, or employee of the Corporation, the Oversight Board, or the person. “(2) Enforcement.— Any employee or former employee who believes that such employee has been discharged or discriminated against in violation of paragraph (1) may file a civil action in the appropriate United States district court before the end of 105 STAT. 2334the 2-year period beginning on the date of such discharge or discrimination. “(3) Remedies.— If the district court determines that a violation has occurred, the court may order the Corporation or the person which committed the violation to— “(A) reinstate the employee to the employee’s former position; “(B) pay compensatory damages; or “(C) take other appropriate actions to remedy any past discrimination. “(4) Limitation.— The protections of this section shall not apply to any employee who— “(A) deliberately causes or participates in the alleged violation of law or regulation; or “(B) knowingly or recklessly provides substantially false information to the Corporation, the Attorney General, or any appropriate Federal banking agency.”. (2) Effective date.— Subsection (q) of section 21A of the Federal Home Loan Bank Act (as added under the amendment made by paragraph (1)) shall be treated as having taken effect on August 9, 1989, and for purposes of any cause of action arising under such subsection (as so effective) before the date of the enactment of this Act, the 2-year period referred to in section 21A(q)(2) of such Act shall be deemed to begin on such date of enactment.