,i #aafth ,,congress #ast ,session ,h4 ,r4 #aeie ,,in ,,the ,,house ,,of ,,representatives ,march #g1 #bjai,mr4 ,perlmutter 7for himself1 ,mr4 ,heck1 ,mr4 ,stivers1 ,mr4 ,davidson of ,ohio1 ,mr4 ,aguilar1 ,ms4 ,barragn1 ,mr4 ,beyer1 ,mr4 ,blumenauer1 ,ms4 ,bonamici1 ,mr4 ,brendan ,f4 ,boyle of ,pennsylvania1 ,mr4 ,brown of ,maryland1 ,ms4 ,brownley of ,california1 ,mr4 ,carbajal1 ,mr4 ,crdenas1 ,mr4 ,cartwright1 ,ms4 ,castor of ,florida1 ,mr4 ,cicilline1 ,mr4 ,cisneros1 ,ms4 ,clark of ,massachusetts1 ,ms4 ,clarke of ,new ,york1 ,mr4 ,cohen1 ,mr4 ,cooper1 ,mr4 ,correa1 ,mr4 ,courtney1 ,mr4 ,cox of ,california1 ,mr4 ,crist1 ,mr4 ,crow1 ,mrs4 ,davis of ,california1 ,mr4 ,de,fazio1 ,ms4 ,de,gette1 ,ms4 ,de,lauro1 ,ms4 ,del,bene1 ,mr4 ,de,saulnier1 ,ms4 ,eshoo1 ,mr4 ,espaillat1 ,mr4 ,foster1 ,ms4 ,fudge1 ,ms4 ,gabbard1 ,mr4 ,gallego1 ,mr4 ,garca of ,illinois1 ,mr4 ,gomez1 ,mr4 ,gonzalez of ,texas1 ,mr4 ,hastings1 ,ms4 ,hill of ,california1 ,mr4 ,horsford1 ,mr4 ,huffman1 ,ms4 ,jackson ,lee1 ,ms4 ,jayapal1 ,mr4 ,johnson of ,georgia1 ,mr4 ,khanna1 ,mr4 ,kilmer1 ,mrs4 ,kirkpatrick1 ,mr4 ,krishnamoorthi1 ,mr4 ,lawson of ,florida1 ,ms4 ,lee of ,california1 ,mrs4 ,lee of ,nevada1 ,mr4 ,levin of ,michigan1 ,mr4 ,levin of ,california1 ,mr4 ,ted ,lieu of ,california1 ,mr4 ,lujn1 ,ms4 ,matsui1 ,ms4 ,mc,collum1 ,mr4 ,mc,govern1 ,mr4 ,meeks1 ,mr4 ,neguse1 ,ms4 ,norton1 ,mr4 ,panetta1 ,mr4 ,pappas1 ,ms4 ,pingree1 ,ms4 ,porter1 ,mr4 ,quigley1 ,mr4 ,raskin1 ,mr4 ,rush1 ,mr4 ,ryan1 ,mr4 ,rouda1 ,ms4 ,schakowsky1 ,mr4 ,schrader1 ,mr4 ,sherman1 ,mr4 ,sires1 ,mr4 ,smith of ,washington1 ,mr4 ,soto1 ,ms4 ,speier1 ,mr4 ,swalwell of ,california1 ,ms4 ,titus1 ,mrs4 ,torres of ,california1 ,mr4 ,vargas1 ,ms4 ,velzquez1 ,mrs4 ,watson ,coleman1 ,mr4 ,welch1 ,ms4 ,wild1 ,mr4 ,yarmuth1 ,mr4 ,rodney ,davis of ,illinois1 ,mr4 ,hunter1 ,mr4 ,joyce of ,ohio1 ,mr4 ,newhouse1 ,mr4 ,young1 ,mr4 ,himes1 ,mr4 ,loebsack1 ,ms4 ,lofgren1 ,mr4 ,lowenthal1 ,mrs4 ,carolyn ,b4 ,maloney of ,new ,york1 ,mr4 ,sean ,patrick ,maloney of ,new ,york1 ,mr4 ,takano1 ,mr4 ,thompson of ,california1 ,mr4 ,gaetz1 ,mr4 ,riggleman1 ,mr4 ,david ,scott of ,georgia1 ,ms4 ,waters1 and ,ms4 ,schrier7 introduced the following bill2 which was referred to the ,committee on ,financial ,services1 and in addition to the ,committee on the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to create protections for depository institutions that provide financial services to cannabis-related legitimate businesses and service providers for such businesses1 and for other purposes4 #a4 ,short title2 purpose 7a7 ,short title ,this ,act may be cited as the ,secure ,and ,fair ,enforcement ,banking ,act of #bjai or the ,,safe ,banking ,act of #bjai4 7b7 ,purpose ,the purpose of this ,act is to increase public safety by expanding financial services to cannabis-related legitimate businesses and service providers and reducing the amount of cash at such businesses4 #b4 ,safe harbor for depository institutions ,a ,federal banking regulator may not-- 7#a7 terminate or limit the deposit insurance or share insurance of a depository institution under the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahaa et seq471 the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #agea et seq471 or take any other adverse action against a depository institution under section #h of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahah7 solely because the depository institution provides or has provided financial services to a cannabis-related legitimate business or service provider2 7#b7 prohibit1 penalize1 or otherwise discourage a depository institution from providing financial services to a cannabis-related legitimate business or service provider or to a ,state1 political subdivision of a ,state1 or ,indian ,tribe that exercises jurisdiction over cannabis-related legitimate businesses2 7#c7 recommend1 incentivize1 or encourage a depository institution not to offer financial services to an account holder1 or to downgrade or cancel the financial services offered to an account holder solely because-- 7,a7 the account holder is a cannabis-related legitimate business or service provider1 or is an employee1 owner1 or operator of a cannabis-related legitimate business or service provider2 7,b7 the account holder later becomes an employee1 owner1 or operator of a cannabis-related legitimate business or service provider2 or 7,c7 the depository institution was not aware that the account holder is an employee1 owner1 or operator of a cannabis-related legitimate business or service provider2 7#d7 take any adverse or corrective supervisory action on a loan made to-- 7,a7 a cannabis-related legitimate business or service provider1 solely because the business is a cannabis-related legitimate business or service provider2 7,b7 an employee1 owner1 or operator of a cannabis-related legitimate business or service provider1 solely because the employee1 owner1 or operator is employed by1 owns1 or operates a cannabis-related legitimate business or service provider1 as applicable2 or 7,c7 an owner or operator of real estate or equipment that is leased to a cannabis-related legitimate business or service provider1 solely because the owner or operator of the real estate or equipment leased the equipment or real estate to a cannabis-related legitimate business or service provider1 as applicable2 and 7#e7 prohibit or penalize a depository institution1 or entity performing services for the depository institution1 for1 or otherwise discourage a depository institution1 or entity performing services for the depository institution1 from1 authorizing1 processing1 clearing1 settling1 billing1 transferring1 reconciling1 or collecting payments for a cannabis-related legitimate business1 where such payment is made by any means1 including a credit1 debit1 or other payment card1 an account1 check1 or electronic funds transfer4 #c4 ,protections for ancillary businesses ,for purposes of sections #aief and #aieg of title #ah1 ,united ,states ,code1 and all other provisions of ,federal law1 the proceeds from a transaction conducted by a cannabis-related legitimate business or service provider shall not be considered as proceeds from an unlawful activity solely because the transaction was conducted by a cannabis-related legitimate business or service provider1 as applicable4 #d4 ,protections under ,federal law 7a7 ,in general ,with respect to providing financial services within a ,state1 political subdivision of a ,state1 or ,indian country that allows the cultivation1 production1 manufacture1 sale1 transportation1 display1 dispensing1 distribution1 or purchase of cannabis pursuant to a law or regulation of such ,state1 political subdivision1 or ,indian ,tribe that has jurisdiction over the ,indian country1 as applicable1 a depository institution that provides financial services to a cannabis-related legitimate business or service provider1 and the officers1 directors1 and employees of that depository institution may not be held liable pursuant to any ,federal law or regulation-- 7#a7 solely for providing such financial services2 or 7#b7 for further investing any income derived from such financial services4 7b7 ,forfeiture ,a depository institution that has a legal interest in the collateral for a loan or another financial service provided to an owner or operator of a cannabis-related legitimate business or service provider1 or to an owner or operator of real estate or equipment that is leased or sold to a cannabis-related legitimate business or service provider1 shall not be subject to criminal1 civil1 or administrative forfeiture of that legal interest pursuant to any ,federal law for providing such loan or other financial service4 #e4 ,rule of construction ,nothing in this ,act shall require a depository institution to provide financial services to a cannabis-related legitimate business or service provider4 #f4 ,requirements for filing suspicious activity reports ,section #ecah7;g7 of title #ca1 ,united ,states ,code1 is amended by adding at the end the following3 7#e7 ,requirements for cannabis-related legitimate businesses 7,a7 ,in general ,with respect to a financial institution or any director1 officer1 employee1 or agent of a financial institution that reports a suspicious transaction pursuant to this subsection1 if the reason for the report relates to a cannabis-related legitimate business or service provider1 the report shall comply with appropriate guidance issued by the ,financial ,crimes ,enforcement ,network4 ,the ,secretary shall ensure that the guidance is consistent with the purpose and intent of the ,,safe ,banking ,act of #bjai and does not significantly inhibit the provision of financial services to a cannabis-related legitimate business or service provider in a ,state1 political subdivision of a ,state1 or ,indian country that has allowed the cultivation1 production1 manufacture1 transportation1 display1 dispensing1 distribution1 sale1 or purchase of cannabis pursuant to law or regulation of such ,state1 political subdivision1 or ,indian ,tribe that has jurisdiction over the ,indian country4 7,b7 ,definitions ,for purposes of this paragraph3 7i7 ,cannabis ,the term cannabis has the meaning given the term marihuana in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb74 7ii7 ,cannabis-related legitimate business ,the term cannabis-related legitimate business has the meaning given that term in section #h of the ,,safe ,banking ,act of #bjai4 7iii7 ,indian country ,the term ,indian country has the meaning given that term in section #aaea of title #ah4 7iv7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given that term in section #ajb of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #dgi;a74 7v7 ,financial service ,the term financial service means a financial product or service as defined in section #ajjb of the ,dodd-,frank ,wall ,street ,reform and ,consumer ,protection ,act 7#ab ,u4,s4,c4 #edha74 7vi7 ,service provider ,the term service provider has the meaning given that term in section #h of the ,,safe ,banking ,act of #bjai4 7vii7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 ,puerto ,rico1 and any territory or possession of the ,united ,states4 4 #g4 ,guidance and examination procedures 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,financial ,institutions ,examination ,council shall develop uniform guidance and examination procedures for depository institutions that provide financial services to cannabis-related legitimate businesses and service providers4 7b7 ,issuance by ,federal banking regulators ,the ,federal banking regulators shall each issue guidance and examination procedures for depository institutions that provide financial services to cannabis-related legitimate businesses and service providers that are consistent with the uniform guidance and examination procedures developed under subsection 7a74 #h4 ,definitions ,in this ,act3 7#a7 ,cannabis ,the term cannabis has the meaning given the term marihuana in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb74 7#b7 ,cannabis product ,the term cannabis product means any article which contains cannabis1 including an article which is a concentrate1 an edible1 a tincture1 a cannabis-infused product1 or a topical4 7#c7 ,cannabis-related legitimate business ,the term cannabis-related legitimate business means a manufacturer1 producer1 or any person or company that-- 7,a7 engages in any activity described in subparagraph 7,b7 pursuant to a law established by a ,state or a political subdivision of a ,state1 as determined by such ,state or political subdivision2 and 7,b7 participates in any business or organized activity that involves handling cannabis or cannabis products1 including cultivating1 producing1 manufacturing1 selling1 transporting1 displaying1 dispensing1 distributing1 or purchasing cannabis or cannabis products4 7#d7 ,depository institution ,the term depository institution means-- 7,a7 a depository institution as defined in section #c7;c7 of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahac7;c772 7,b7 a ,federal credit union as defined in section #aja of the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #ageb72 or 7,c7 a ,state credit union as defined in section #aja of the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #ageb74 7#e7 ,federal banking regulator ,the term ,federal banking regulator means each of the ,board of ,governors of the ,federal ,reserve ,system1 the ,bureau of ,consumer ,financial ,protection1 the ,federal ,deposit ,insurance ,corporation1 the ,office of the ,comptroller of the ,currency1 the ,national ,credit ,union ,administration1 or any ,federal agency or department that regulates banking or financial services1 as determined by the ,secretary of the ,treasury4 7#f7 ,financial service ,the term financial service means a financial product or service as defined in section #ajjb of the ,dodd-,frank ,wall ,street ,reform and ,consumer ,protection ,act 7#ab ,u4,s4,c4 #edha74 7#g7 ,indian country ,the term ,indian country has the meaning given that term in section #aaea of title #ah4 7#h7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given that term in section #ajb of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #dgi;a74 7#i7 ,manufacturer ,the term manufacturer means a person who manufactures1 compounds1 converts1 processes1 prepares1 or packages cannabis or cannabis products4 7#aj7 ,producer ,the term producer means a person who plants1 cultivates1 harvests1 or in any way facilitates the natural growth of cannabis4 7#aa7 ,service provider ,the term service provider-- 7,a7 means a business1 organization1 or other person that-- 7i7 sells goods or services to a cannabis-related legitimate business2 or 7ii7 provides any business services1 including the sale or lease of real or any other property1 legal or other licensed services1 or any other ancillary service1 relating to cannabis2 and 7,b7 does not include a business1 organization1 or other person that participates in any business or organized activity that involves handling cannabis or cannabis products1 including cultivating1 producing1 manufacturing1 selling1 transporting1 displaying1 dispensing1 distributing1 or purchasing cannabis or cannabis products4 7#ab7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 ,puerto ,rico1 and any territory or possession of the ,united ,states4