[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2706 Referred in Senate (RFS)]

<DOC>
115th CONGRESS
  1st Session
                                H. R. 2706


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 12, 2017

Received; read twice and referred to the Committee on Banking, Housing, 
                           and Urban Affairs

_______________________________________________________________________

                                 AN ACT


 
 To provide requirements for the appropriate Federal banking agencies 
  when requesting or ordering a depository institution to terminate a 
   specific customer account, to provide for additional requirements 
 related to subpoenas issued under the Financial Institutions Reform, 
     Recovery, and Enforcement Act of 1989, and for other purposes.

    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 ``Financial Institution Customer 
Protection Act of 2017''.

SEC. 2. REQUIREMENTS FOR DEPOSIT ACCOUNT TERMINATION REQUESTS AND 
              ORDERS.

    (a) Termination Requests or Orders Must Be Valid.--
            (1) In general.--An appropriate Federal banking agency may 
        not formally or informally request or order a depository 
        institution to terminate a specific customer account or group 
        of customer accounts or to otherwise restrict or discourage a 
        depository institution from entering into or maintaining a 
        banking relationship with a specific customer or group of 
        customers unless--
                    (A) the agency has a valid reason for such request 
                or order; and
                    (B) such reason is not based solely on reputation 
                risk.
            (2) Treatment of national security threats.--If an 
        appropriate Federal banking agency believes a specific customer 
        or group of customers is, or is acting as a conduit for, an 
        entity which--
                    (A) poses a threat to national security;
                    (B) is involved in terrorist financing;
                    (C) is an agency of the Government of Iran, North 
                Korea, Syria, or any country listed from time to time 
                on the State Sponsors of Terrorism list;
                    (D) is located in, or is subject to the 
                jurisdiction of, any country specified in subparagraph 
                (C); or
                    (E) does business with any entity described in 
                subparagraph (C) or (D), unless the appropriate Federal 
                banking agency determines that the customer or group of 
                customers has used due diligence to avoid doing 
                business with any entity described in subparagraph (C) 
                or (D),
        such belief shall satisfy the requirement under paragraph (1).
    (b) Notice Requirement.--
            (1) In general.--If an appropriate Federal banking agency 
        formally or informally requests or orders a depository 
        institution to terminate a specific customer account or a group 
        of customer accounts, the agency shall--
                    (A) provide such request or order to the 
                institution in writing; and
                    (B) accompany such request or order with a written 
                justification for why such termination is needed, 
                including any specific laws or regulations the agency 
                believes are being violated by the customer or group of 
                customers, if any.
            (2) Justification requirement.--A justification described 
        under paragraph (1)(B) may not be based solely on the 
        reputation risk to the depository institution.
    (c) Customer Notice.--
            (1) Notice required.--Except as provided under paragraph 
        (2) or as otherwise prohibited from being disclosed by law, if 
        an appropriate Federal banking agency orders a depository 
        institution to terminate a specific customer account or a group 
        of customer accounts, the depository institution shall inform 
        the specific customer or group of customers of the 
        justification for the customer's account termination described 
        under subsection (b).
            (2) Notice prohibited.--
                    (A) Notice prohibited in cases of national 
                security.--If an appropriate Federal banking agency 
                requests or orders a depository institution to 
                terminate a specific customer account or a group of 
                customer accounts based on a belief that the customer 
                or customers pose a threat to national security, or are 
                otherwise described under subsection (a)(2), neither 
                the depository institution nor the appropriate Federal 
                banking agency may inform the customer or customers of 
                the justification for the customer's account 
                termination.
                    (B) Notice prohibited in other cases.--If an 
                appropriate Federal banking agency determines that the 
                notice required under paragraph (1) may interfere with 
                an authorized criminal investigation, neither the 
                depository institution nor the appropriate Federal 
                banking agency may inform the specific customer or 
                group of customers of the justification for the 
                customer's account termination.
    (d) Reporting Requirement.--Each appropriate Federal banking agency 
shall issue an annual report to the Congress stating--
            (1) the aggregate number of specific customer accounts that 
        the agency requested or ordered a depository institution to 
        terminate during the previous year; and
            (2) the legal authority on which the agency relied in 
        making such requests and orders and the frequency on which the 
        agency relied on each such authority.
    (e) Definitions.--For purposes of this section:
            (1) Appropriate federal banking agency.--The term 
        ``appropriate Federal banking agency'' means--
                    (A) the appropriate Federal banking agency, as 
                defined under section 3 of the Federal Deposit 
                Insurance Act (12 U.S.C. 1813); and
                    (B) the National Credit Union Administration, in 
                the case of an insured credit union.
            (2) Depository institution.--The term ``depository 
        institution'' means--
                    (A) a depository institution, as defined under 
                section 3 of the Federal Deposit Insurance Act (12 
                U.S.C. 1813); and
                    (B) an insured credit union.

            Passed the House of Representatives December 11, 2017.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.