Sec. 355. AUTHORIZATION TO INCLUDE SUSPICIONS OF ILLEGAL ACTIVITY IN WRITTEN EMPLOYMENT REFERENCES
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## SEC. 355 AUTHORIZATION TO INCLUDE SUSPICIONS OF ILLEGAL ACTIVITY IN WRITTEN EMPLOYMENT REFERENCES Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is amended by adding at the end the following: > > ### “(w) Written Employment References May Contain Suspicions of Involvement in Illegal Activity > > > #### “(1) Authority to disclose information > > Notwithstanding any other provision of law, any insured depository institution, and any director, officer, employee, or agent of such institution, may disclose in any written employment reference relating to a current or former institution-affiliated party of such institution which is provided to another insured depository institution in response to a request from such other institution, information concerning the possible involvement of such institution-affiliated party in potentially unlawful activity. > > > #### “(2) Information not required > > Nothing in paragraph
(1)shall be construed, by itself, to create any affirmative duty to include any information described in paragraph
(1)in any employment reference referred to in paragraph (1). > > > #### “(3) Malicious intent > > Notwithstanding any other provision of this subsection, voluntary disclosure made by an insured depository institution, and any director, officer, employee, or agent of such institution under this subsection concerning potentially unlawful activity that is made with malicious intent, shall not be shielded from liability from the person identified in the disclosure. > > > #### “(4) Definition > > For purposes of this subsection, the term ‘**insured depository institution**’ includes any uninsured branch or agency of a foreign bank.” > .
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Sec. 355
AUTHORIZATION TO INCLUDE SUSPICIONS OF ILLEGAL ACTIVITY IN WRITTEN EMPLOYMENT REFERENCES
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