[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2652 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2652

    To create protections for depository institutions that provide 
          financial services to marijuana-related businesses.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 10, 2013

Mr. Perlmutter (for himself, Mr. Heck of Washington, Mr. McDermott, Mr. 
 Blumenauer, Mr. Polis, Mr. Smith of Washington, Mr. Farr, Mr. Kilmer, 
   Mr. Moran, Ms. Norton, Mr. Capuano, Ms. DelBene, Mr. Coffman, Ms. 
    DeGette, Mr. DeFazio, Mr. Lowenthal, Ms. Pingree of Maine, Mr. 
 Rohrabacher, and Ms. Schakowsky) introduced the following bill; which 
was referred to the Committee on Financial Services, and in addition to 
    the Committee on the Judiciary, for a period to be subsequently 
   determined by the Speaker, 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 marijuana-related businesses.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Marijuana Businesses Access to 
Banking Act of 2013''.

SEC. 2. SAFE HARBOR FOR DEPOSITORY INSTITUTIONS.

    A Federal banking regulator may not--
                    (1) terminate or limit the deposit insurance of a 
                depository institution under the Federal Deposit 
                Insurance Act (12 U.S.C. 1811 et seq.) solely because 
                the depository institution provides or has provided 
                financial services to a marijuana-related legitimate 
                business;
                    (2) prohibit, penalize, or otherwise discourage a 
                depository institution from providing financial 
                services to a marijuana-related legitimate business;
                    (3) recommend, incentivize, or encourage a 
                depository institution not to offer financial services 
                to an individual, or to downgrade or cancel the 
                financial services offered to an individual solely 
                because--
                            (A) the individual is a manufacturer or 
                        producer, or is the owner or operator of a 
                        marijuana-related legitimate business;
                            (B) the individual later becomes an owner 
                        or operator of a marijuana-related legitimate 
                        business; or
                            (C) the depository institution was not 
                        aware that the individual is the owner or 
                        operator of a marijuana-related legitimate 
                        business; and
                    (4) take any action on a loan to an owner or 
                operator of--
                            (A) a marijuana-related legitimate 
                        business; or
                            (B) real estate or equipment that is leased 
                        to a marijuana-related legitimate business.

SEC. 3. PROTECTIONS UNDER FEDERAL LAW.

    (a) Investigation and Prosecution.--A depository institution that 
provides financial services to a marijuana-related legitimate business, 
and the officers, directors, and employees of that depository 
institution, shall be immune from Federal criminal prosecution or 
investigation for providing those services.
    (b) Federal Criminal Law.--A depository institution that provides 
financial services to a marijuana-related legitimate business may not 
be held liable pursuant to any Federal criminal law solely for 
providing those services or for further investing any income derived 
from such services.
    (c) Forfeiture.--A depository institution that has a legal interest 
in the collateral for a loan made to an owner or operator of a 
marijuana-related legitimate business, or to an owner or operator of 
real estate or equipment that is leased to a marijuana-related 
legitimate business, shall not be subject to criminal, civil, or 
administrative forfeiture of that legal interest pursuant to any 
Federal law for providing such loan.

SEC. 4. RULE OF CONSTRUCTION.

    Nothing in this Act shall require a depository institution to 
provide financial services to a marijuana-related legitimate business.

SEC. 5. EXEMPTION FROM FILING SUSPICIOUS ACTIVITY REPORTS.

    Section 5318(g) of title 31, United States Code, is amended by 
adding at the end the following:
            ``(5) Exemption for marijuana-related legitimate 
        businesses.--
                    ``(A) In general.--The Secretary shall not require 
                a depository institution, and any director, officer, 
                employee, or agent of a depository institution, to 
                report a transaction as suspicious solely because a 
                party to the transaction is a marijuana-related 
                legitimate business.
                    ``(B) Definitions.--In this paragraph, the terms 
                `depository institution' and `marijuana-related 
                legitimate business' have the meanings given such terms 
                in the Marijuana Businesses Access to Banking Act of 
                2013.''.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Depository institution.--The term ``depository 
        institution'' means--
                    (A) a depository institution as defined in section 
                3(c) of the Federal Deposit Insurance Act (12 U.S.C. 
                1813(c));
                    (B) a Federal credit union as defined in section 
                101 of the Federal Credit Union Act (12 U.S.C. 1752); 
                or
                    (C) a State credit union as defined in section 101 
                of the Federal Credit Union Act (12 U.S.C. 1752).
            (2) Federal banking regulator.--The term ``Federal banking 
        regulator'' means each of the Board of Governors of the Federal 
        Reserve System, the Bureau of Consumer Financial Protection, 
        the Federal Deposit Insurance Corporation, the Office of the 
        Comptroller of the Currency, the National Credit Union 
        Administration, or any agency or department that regulates 
        banking or financial services, as determined by the Secretary 
        of the Treasury.
            (3) Financial service.--The term ``financial service'' 
        means a financial product or service as defined in section 1002 
        of the Dodd-Frank Wall Street Reform and Consumer Protection 
        Act (12 U.S.C. 5481).
            (4) Manufacturer.--The term ``manufacturer'' means a person 
        who manufactures, compounds, converts, processes, prepares, or 
        packages marijuana or marijuana products.
            (5) Marijuana-related legitimate business.--The term 
        ``marijuana-related legitimate business'' means a manufacturer, 
        producer, or any person that--
                    (A) participates in any business or organized 
                activity that involves handling marijuana or marijuana 
                products, including selling, transporting, displaying, 
                dispensing, or distributing marijuana or marijuana 
                products; and
                    (B) engages in such activity pursuant to a law 
                established by a State or a unit of local government.
            (6) Marijuana.--The term ``marijuana'' has the meaning 
        given the term ``marihuana'' in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802).
            (7) Marijuana product.--The term ``marijuana product'' 
        means any article which contains marijuana, including an 
        article which is a concentrate, an edible, a tincture, a 
        marijuana-infused product, or a topical.
            (8) Producer.--The term ``producer'' means a person who 
        plants, cultivates, harvests, or in any way facilitates the 
        natural growth of marijuana.
            (9) State.--The term ``State'' means each of the several 
        States, the District of Columbia, Puerto Rico, and any 
        territory or possession of the United States.
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