12 U.S.C. § 3423: Immunity from suit for disclosure of financial exploitation of senior citizens

the term “Bank Secrecy Act officer” means an individual responsible for ensuring compliance with the requirements mandated by subchapter II of chapter 53 of title 31 (commonly known as the “Bank Secrecy Act”); the term “broker-dealer” means a broker and a dealer, as those terms are defined in section 78c(a) of title 15 ; a State financial regulatory agency, including a State securities or law enforcement authority and a State insurance regulator; each of the Federal agencies represented in the membership of the Financial Institutions Examination Council established under section 3303 of this title ; a securities association registered under section 78 o –3 of title 15; the Securities and Exchange Commission; a law enforcement agency; or a State or local agency responsible for administering adult protective service laws; a credit union; a depository institution; an investment adviser; a broker-dealer; an insurance company; an insurance agency; or a transfer agent; the term “credit union” has the meaning given the term in section 5301 of this title ; the term “depository institution” has the meaning given the term in section 1813(c) of this title ; uses the resources of a senior citizen for monetary or personal benefit, profit, or gain; or results in depriving a senior citizen of rightful access to or use of benefits, resources, belongings, or assets; the term “insurance agency” means any business entity that sells, solicits, or negotiates insurance coverage; the term “insurance company” has the meaning given the term in section 80a–2(a) of title 15 ; the term “insurance producer” means an individual who is required under State law to be licensed in order to sell, solicit, or negotiate insurance coverage; the term “investment adviser” has the meaning given the term in section 80b–2(a) of this title ; is employed by, or associated with, an investment adviser; and does not perform solely clerical or ministerial acts; the term “registered representative” means an individual who represents a broker-dealer in effecting or attempting to effect a purchase or sale of securities; the term “senior citizen” means an individual who is not younger than 65 years of age; the term “State” means each of the several States, the District of Columbia, and any territory or possession of the United States; the term “State insurance regulator” has the meaning given the term in section 6735 of title 15 ; the term “State securities or law enforcement authority” has the meaning given the term in section 78x(f)(4) of title 15 ; and the term “transfer agent” has the meaning given the term in section 78c(a) of title 15 . served as a supervisor or in a compliance or legal function (including as a Bank Secrecy Act officer) for, or, in the case of a registered representative, investment adviser representative, or insurance producer, was affiliated or associated with, a covered financial institution; and in good faith; and with reasonable care. the individual was employed by, or, in the case of a registered representative, insurance producer, or investment adviser representative, affiliated or associated with, the covered financial institution at the time of the disclosure; and before the time of the disclosure, each individual described in subsection (b)(1) received the training described in subsection (b). Nothing in subparagraph (A) or (B) shall be construed to limit the liability of an individual or a covered financial institution in a civil action for any act, omission, or fraud that is not a disclosure described in subparagraph (A). is described in subsection (a)(2)(A)(i); may come into contact with a senior citizen as a regular part of the professional duties of the individual; or may review or approve the financial documents, records, or transactions of a senior citizen in connection with providing financial services to a senior citizen. be maintained by the covered financial institution and made available to a covered agency with examination authority over the covered financial institution, upon request, except that a covered financial institution shall not be required to maintain or make available such content with respect to any individual who is no longer employed by, or affiliated or associated with, the covered financial institution; instruct any individual attending the training on how to identify and report the suspected exploitation of a senior citizen internally and, as appropriate, to government officials or law enforcement authorities, including common signs that indicate the financial exploitation of a senior citizen; discuss the need to protect the privacy and respect the integrity of each individual customer of the covered financial institution; and be appropriate to the job responsibilities of the individual attending the training. as soon as reasonably practicable; and with respect to an individual who begins employment, or becomes affiliated or associated, with a covered financial institution after May 24, 2018 , not later than 1 year after the date on which the individual becomes employed by, or affiliated or associated with, the covered financial institution in a position described in subparagraph (A), (B), or (C) of paragraph (1). is employed by, or affiliated or associated with, the covered financial institution in a position described in subparagraph (A), (B), or (C) of paragraph (1); and provided by the covered financial institution or a third party selected by the covered financial institution; completed before the individual was employed by, or affiliated or associated with, the covered financial institution; and completed before, on, or after May 24, 2018 ; and upon request, provide a record described in clause (i) to a covered agency with examination authority over the covered financial institution. Nothing in this section shall be construed to preempt or limit any provision of State law, except only to the extent that subsection (a) provides a greater level of protection against liability to an individual described in subsection (a)(2)(A) or to a covered financial institution described in subsection (a)(2)(B) than is provided under State law.