Senior Safe Act of 2017

To provide immunity from suit for certain individuals who disclose potential examples of financial exploitation of senior citizens, and for other purposes. 1. Short title This Act may be cited as the Senior Safe Act of 2017 2. Immunity (a) Definitions In this Act— (1) the term Bank Secrecy Act officer chapter 53 Bank Secrecy Act (2) the term broker-dealer 15 U.S.C. 78c(a) (3) the term covered agency (A) a State financial regulatory agency, including a State securities or law enforcement authority and a State insurance regulator; (B) each of the entities represented in the membership of the Federal Financial Institutions Examination Council established under section 1004 of the Federal Financial Institutions Examination Council Act of 1978 ( 12 U.S.C. 3303 (C) the Securities and Exchange Commission; (D) a securities association registered under section 15A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o–3 (E) a law enforcement agency; and (F) a State or local agency responsible for administering adult protective service laws; (4) the term covered financial institution (A) a credit union; (B) a depository institution; (C) an investment adviser; (D) a broker-dealer; (E) an insurance company; (F) an insurance agency; and (G) a transfer agent; (5) the term credit union 12 U.S.C. 5301 (6) the term depository institution 12 U.S.C. 1813(c) (7) the term exploitation (A) uses the resources of a senior citizen for monetary or personal benefit, profit, or gain; or (B) results in depriving a senior citizen of rightful access to or use of benefits, resources, belongings, or assets; (8) the term insurance agency (9) the term insurance company 15 U.S.C. 80a–2(a) (10) the term insurance producer (11) the term investment adviser 15 U.S.C. 80b–2(a) (12) the term investment adviser representative (A) is employed by or associated with an investment adviser; and (B) does not perform solely clerical or ministerial acts; (13) the term registered representative (14) the term senior citizen (15) the term State (16) the term State insurance regulator 15 U.S.C. 6735 (17) the term State securities or law enforcement authority 15 U.S.C. 78x(f)(4) (18) the term transfer agent 15 U.S.C. 78c(a) (b) Immunity from suit (1) Immunity for individuals An individual who has received the training described in section 3 shall not be liable, including in any civil or administrative proceeding, for disclosing the suspected exploitation of a senior citizen to a covered agency if the individual, at the time of the disclosure— (A) served as a supervisor or compliance officer (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 (B) made the disclosure— (i) in good faith; and (ii) with reasonable care. (2) Immunity for covered financial institutions A covered financial institution shall not be liable, including in any civil or administrative proceeding, for a disclosure made by an individual described in paragraph (1) if— (A) 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 (B) before the time of the disclosure, each individual described in section 3(a) received the training described in section 3. (3) Rule of construction Nothing in paragraph (1) or (2) 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 paragraph (1). 3. Training (a) In general A covered financial institution or a third party selected by a covered financial institution may provide the training described in subsection (b)(1) to each officer or employee of, or registered representative, insurance producer, or investment adviser representative affiliated or associated with, the covered financial institution who— (1) is described in section 2(b)(1)(A); (2) may come into contact with a senior citizen as a regular part of the professional duties of the individual; or (3) may review or approve the financial documents, records, or transactions of a senior citizen in connection with providing financial services to a senior citizen. (b) Content (1) In general The content of the training that a covered financial institution or a third party selected by the covered financial institution may provide under subsection (a) shall— (A) 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; (B) 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; (C) discuss the need to protect the privacy and respect the integrity of each individual customer of the covered financial institution; and (D) be appropriate to the job responsibilities of the individual attending the training. (2) Timing The training under subsection (a) shall be provided— (A) as soon as reasonably practicable; and (B) with respect to an individual who begins employment with or becomes affiliated or associated with a covered financial institution after the date of enactment of this Act, not later than 1 year after the individual becomes employed by or affiliated or associated with the covered financial institution in a position described in paragraph (1), (2), or (3) of subsection (a). (3) Records A covered financial institution shall— (A) maintain a record of each individual who— (i) is employed by or affiliated or associated with the covered financial institution in a position described in paragraph (1), (2), or (3) of subsection (a); and (ii) has completed the training under subsection (a), regardless of whether the training was— (I) provided by the covered financial institution or a third party selected by the covered financial institution; (II) completed before the individual was employed by or affiliated or associated with the covered financial institution; and (III) completed before, on, or after the date of enactment of this Act; and (B) upon request, provide a record described in subparagraph (A) to a covered agency with examination authority over the covered financial institution. 4. Relationship to State law Nothing in this Act shall be construed to preempt or limit any provision of State law, except only to the extent that section 2 provides a greater level of protection against liability to an individual described in section 2(b)(1) or to a covered financial institution described in section 2(b)(2) than is provided under State law. November 28, 2017 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Summary: Senior Safe Act of 2017 (Sec. 2) This bill extends immunity from liability to certain individuals who, in good faith and with reasonable care, disclose the suspected exploitation of a senior citizen to a regulatory or law-enforcement agency. Specifically, this immunity shall apply to certain credit-union, depository-institution, investment-adviser, broker-dealer, transfer-agency, insurance-company, and insurance-agency employees who have received specified training related to identifying and reporting the suspected exploitation of a senior citizen. Similarly, the employing financial institution shall not be liable with respect to disclosures made by such employees. (Sec. 3) The bill allows financial institutions and third-party entities to offer training related to the suspected financial exploitation of a senior citizen to specified employees. The bill provides guidance regarding the content, timing, and record-maintenance requirements of such training.