SAFE Banking Act of 2021
- Last Action
- 9/8/2022
Actions
- 2022-09-08Committee on Banking, Housing, and Urban Affairs. Hearings held.
- 2022-09-08Committee on Banking, Housing, and Urban Affairs. Hearings held. Hearings printed: S.Hrg. 117-747.
- 2021-03-23Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
- 2021-03-23Introduced in Senate
CRS Summary
As of 2021-03-23 (00)
Secure and Fair Enforcement Banking Act of 2021 or the SAFE Banking Act of 2021
This bill generally prohibits a federal banking regulator from penalizing a depository institution for providing banking services to a legitimate cannabis-related business. Prohibited penalties include terminating or limiting the deposit insurance or share insurance of a depository institution solely because the institution provides financial services to a legitimate cannabis-related business and prohibiting or otherwise discouraging a depository institution from offering financial services to such a business.
Additionally, proceeds from a transaction involving activities of a legitimate cannabis-related business are not considered proceeds from unlawful activity. Proceeds from unlawful activity are subject to anti-money laundering laws.
Furthermore, a depository institution is not, under federal law, liable or subject to asset forfeiture for providing a loan or other financial services to a legitimate cannabis-related business.
The bill also provides that a federal banking agency may not request or order a depository institution to terminate a customer account unless (1) the agency has a valid reason for doing so, and (2) that reason is not based solely on reputation risk. Valid reasons for terminating an account include threats to national security and involvement in terrorist financing, including state sponsorship of terrorism.
Cosponsors (20)
- Steve Daines (R-MT)
- Robert Menendez (D-NJ)
- Kyrsten Sinema (D-AZ)
- Edward Markey (D-MA)
- Alex Padilla (D-CA)
- Patrick Leahy (D-VT)
- Richard Durbin (D-IL)
- Ron Wyden (D-OR)
- Mazie Hirono (D-HI)
- Tina Smith (D-MN)
- Angus King (I-ME)
- Catherine Cortez Masto (D-NV)
- Michael Bennet (D-CO)
- Jon Tester (D-MT)
- Jacklyn Rosen (D-NV)
- Kevin Cramer (R-ND)
- Dan Sullivan (R-AK)
- Kirsten Gillibrand (D-NY)
- Elizabeth Warren (D-MA)
- Christopher Murphy (D-CT)
Subjects
- Administrative law and regulatory procedures
- Asia
- Bank accounts, deposits, capital
- Banking and financial institutions regulation
- Business records
- Congressional oversight
- Consumer affairs
- Credit and credit markets
- Criminal investigation, prosecution, interrogation
- Department of the Treasury
- Drug trafficking and controlled substances
- Drug, alcohol, tobacco use
- Evidence and witnesses
- Federal Deposit Insurance Corporation (FDIC)
- Federal Reserve System
- Financial services and investments
- Fraud offenses and financial crimes
- Government information and archives
- Government liability
Sourced from Congress.gov (public domain).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.