[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1996 Engrossed in House (EH)]

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117th CONGRESS
  1st Session
                                H. R. 1996

_______________________________________________________________________

                                 AN ACT


 
To create protections for financial institutions that provide financial 
    services to cannabis-related legitimate businesses and service 
         providers for such businesses, 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; TABLE OF CONTENTS; PURPOSE.

    (a) Short Title.--This Act may be cited as the ``Secure And Fair 
Enforcement Banking Act of 2021'' or the ``SAFE Banking Act of 2021''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents; purpose.
Sec. 2. Safe harbor for depository institutions.
Sec. 3. Protections for ancillary businesses.
Sec. 4. Protections under Federal law.
Sec. 5. Rules of construction.
Sec. 6. Requirements for filing suspicious activity reports.
Sec. 7. Guidance and examination procedures.
Sec. 8. Annual diversity and inclusion report.
Sec. 9. GAO study on diversity and inclusion.
Sec. 10. GAO study on effectiveness of certain reports on finding 
                            certain persons.
Sec. 11. Application of this Act with respect to hemp-related 
                            legitimate businesses and hemp-related 
                            service providers.
Sec. 12. Banking services for hemp-related legitimate businesses and 
                            hemp-related service providers.
Sec. 13. Requirements for deposit account termination requests and 
                            orders.
Sec. 14. Definitions.
Sec. 15. Discretionary surplus funds.
    (c) Purpose.--The purpose of this Act is to increase public safety 
by ensuring access to financial services to cannabis-related legitimate 
businesses and service providers and reducing the amount of cash at 
such businesses.

SEC. 2. SAFE HARBOR FOR DEPOSITORY INSTITUTIONS.

    (a) In General.--A Federal banking regulator may not--
                    (1) terminate or limit the deposit insurance or 
                share insurance of a depository institution under the 
                Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.), 
                the Federal Credit Union Act (12 U.S.C. 1751 et seq.), 
                or take any other adverse action against a depository 
                institution under section 8 of the Federal Deposit 
                Insurance Act (12 U.S.C. 1818) solely because the 
                depository institution provides or has provided 
                financial services to a cannabis-related legitimate 
                business or service provider;
                    (2) prohibit, penalize, or otherwise discourage a 
                depository institution from providing financial 
                services to a cannabis-related legitimate business or 
                service provider or to a State, political subdivision 
                of a State, or Indian Tribe that exercises jurisdiction 
                over cannabis-related legitimate businesses;
                    (3) recommend, incentivize, or encourage a 
                depository institution not to offer financial services 
                to an account holder, or to downgrade or cancel the 
                financial services offered to an account holder solely 
                because--
                            (A) the account holder is a cannabis-
                        related legitimate business or service 
                        provider, or is an employee, owner, or operator 
                        of a cannabis-related legitimate business or 
                        service provider;
                            (B) the account holder later becomes an 
                        employee, owner, or operator of a cannabis-
                        related legitimate business or service 
                        provider; or
                            (C) the depository institution was not 
                        aware that the account holder is an employee, 
                        owner, or operator of a cannabis-related 
                        legitimate business or service provider;
                    (4) take any adverse or corrective supervisory 
                action on a loan made to--
                            (A) a cannabis-related legitimate business 
                        or service provider, solely because the 
                        business is a cannabis-related legitimate 
                        business or service provider;
                            (B) an employee, owner, or operator of a 
                        cannabis-related legitimate business or service 
                        provider, solely because the employee, owner, 
                        or operator is employed by, owns, or operates a 
                        cannabis-related legitimate business or service 
                        provider, as applicable; or
                            (C) an owner or operator of real estate or 
                        equipment that is leased to a cannabis-related 
                        legitimate business or service provider, 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 provider, as applicable; or
                    (5) prohibit or penalize a depository institution 
                (or entity performing a financial service for or in 
                association with a depository institution) for, or 
                otherwise discourage a depository institution (or 
                entity performing a financial service for or in 
                association with a depository institution) from, 
                engaging in a financial service for a cannabis-related 
                legitimate business or service provider.
    (b) Safe Harbor Applicable to De Novo Institutions.--Subsection (a) 
shall apply to an institution applying for a depository institution 
charter to the same extent as such subsection applies to a depository 
institution.

SEC. 3. PROTECTIONS FOR ANCILLARY BUSINESSES.

    For the purposes of sections 1956 and 1957 of title 18, United 
States Code, and all other provisions of Federal law, the proceeds from 
a transaction involving activities of a cannabis-related legitimate 
business or service provider shall not be considered proceeds from an 
unlawful activity solely because--
            (1) the transaction involves proceeds from a cannabis-
        related legitimate business or service provider; or
            (2) the transaction involves proceeds from--
                    (A) cannabis-related activities described in 
                section 14(4)(B) conducted by a cannabis-related 
                legitimate business; or
                    (B) activities described in section 14(13)(A) 
                conducted by a service provider.

SEC. 4. PROTECTIONS UNDER FEDERAL LAW.

    (a) In General.--With respect to providing a financial service to a 
cannabis-related legitimate business (where such cannabis-related 
legitimate business operates within a State, political subdivision of a 
State, or Indian country that allows the cultivation, production, 
manufacture, sale, transportation, display, dispensing, distribution, 
or purchase of cannabis pursuant to a law or regulation of such State, 
political subdivision, or Indian Tribe that has jurisdiction over the 
Indian country, as applicable) or a service provider (wherever 
located), a depository institution, entity performing a financial 
service for or in association with a depository institution, or insurer 
that provides a financial service to a cannabis-related legitimate 
business or service provider, and the officers, directors, and 
employees of that depository institution, entity, or insurer may not be 
held liable pursuant to any Federal law or regulation--
            (1) solely for providing such a financial service; or
            (2) for further investing any income derived from such a 
        financial service.
    (b) Protections for Federal Reserve Banks and Federal Home Loan 
Banks.--With respect to providing a service to a depository institution 
that provides a financial service to a cannabis-related legitimate 
business (where such cannabis-related legitimate business operates 
within a State, political subdivision of a State, or Indian country 
that allows the cultivation, production, manufacture, sale, 
transportation, display, dispensing, distribution, or purchase of 
cannabis pursuant to a law or regulation of such State, political 
subdivision, or Indian Tribe that has jurisdiction over the Indian 
country, as applicable) or service provider (wherever located), a 
Federal reserve bank or Federal Home Loan Bank, and the officers, 
directors, and employees of the Federal reserve bank or Federal Home 
Loan Bank, may not be held liable pursuant to any Federal law or 
regulation--
            (1) solely for providing such a service; or
            (2) for further investing any income derived from such a 
        service.
    (c) Protections for Insurers.--With respect to engaging in the 
business of insurance within a State, political subdivision of a State, 
or Indian country that allows the cultivation, production, manufacture, 
sale, transportation, display, dispensing, distribution, or purchase of 
cannabis pursuant to a law or regulation of such State, political 
subdivision, or Indian Tribe that has jurisdiction over the Indian 
country, as applicable, an insurer that engages in the business of 
insurance with a cannabis-related legitimate business or service 
provider or who otherwise engages with a person in a transaction 
permissible under State law related to cannabis, and the officers, 
directors, and employees of that insurer may not be held liable 
pursuant to any Federal law or regulation--
            (1) solely for engaging in the business of insurance; or
            (2) for further investing any income derived from the 
        business of insurance.
    (d) Forfeiture.--
            (1) Depository institutions.--A depository institution that 
        has a legal interest in the collateral for a loan or another 
        financial service provided to an owner, employee, or operator 
        of a cannabis-related legitimate business or service provider, 
        or to an owner or operator of real estate or equipment that is 
        leased or sold to a cannabis-related legitimate business or 
        service provider, shall not be subject to criminal, civil, or 
        administrative forfeiture of that legal interest pursuant to 
        any Federal law for providing such loan or other financial 
        service.
            (2) Federal reserve banks and federal home loan banks.--A 
        Federal reserve bank or Federal Home Loan Bank that has a legal 
        interest in the collateral for a loan or another financial 
        service provided to a depository institution that provides a 
        financial service to a cannabis-related legitimate business or 
        service provider, or to an owner or operator of real estate or 
        equipment that is leased or sold to a cannabis-related 
        legitimate business or service provider, shall not be subject 
        to criminal, civil, or administrative forfeiture of that legal 
        interest pursuant to any Federal law for providing such loan or 
        other financial service.

SEC. 5. RULES OF CONSTRUCTION.

    (a) No Requirement to Provide Financial Services.--Nothing in this 
Act shall require a depository institution, entity performing a 
financial service for or in association with a depository institution, 
or insurer to provide financial services to a cannabis-related 
legitimate business, service provider, or any other business.
    (b) General Examination, Supervisory, and Enforcement Authority.--
Nothing in this Act may be construed in any way as limiting or 
otherwise restricting the general examination, supervisory, and 
enforcement authority of the Federal banking regulators, provided that 
the basis for any supervisory or enforcement action is not the 
provision of financial services to a cannabis-related legitimate 
business or service provider.
    (c) Business of Insurance.--Nothing in this Act shall interfere 
with the regulation of the business of insurance in accordance with the 
Act of March 9, 1945 (59 Stat. 33, chapter 20; 15 U.S.C. 1011 et seq.) 
(commonly known as the ``McCarran-Ferguson Act'') and the Dodd-Frank 
Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et 
seq.).

SEC. 6. REQUIREMENTS FOR FILING SUSPICIOUS ACTIVITY REPORTS.

    Section 5318(g) of title 31, United States Code, is amended by 
adding at the end the following:
            ``(5) Requirements for cannabis-related legitimate 
        businesses.--
                    ``(A) In general.--With respect to a financial 
                institution or any director, officer, employee, or 
                agent of a financial institution that reports a 
                suspicious transaction pursuant to this subsection, if 
                the reason for the report relates to a cannabis-related 
                legitimate business or service provider, the report 
                shall comply with appropriate guidance issued by the 
                Financial Crimes Enforcement Network. Not later than 
                the end of the 180-day period beginning on the date of 
                enactment of this paragraph, the Secretary shall update 
                the February 14, 2014, guidance titled `BSA 
                Expectations Regarding Marijuana-Related Businesses' 
                (FIN-2014-G001) to ensure that the guidance is 
                consistent with the purpose and intent of the SAFE 
                Banking Act of 2021 and does not significantly inhibit 
                the provision of financial services to a cannabis-
                related legitimate business or service provider in a 
                State, political subdivision of a State, or Indian 
                country that has allowed the cultivation, production, 
                manufacture, transportation, display, dispensing, 
                distribution, sale, or purchase of cannabis pursuant to 
                law or regulation of such State, political subdivision, 
                or Indian Tribe that has jurisdiction over the Indian 
                country.
                    ``(B) Definitions.--For purposes of this paragraph:
                            ``(i) Cannabis.--The term `cannabis' has 
                        the meaning given the term `marihuana' in 
                        section 102 of the Controlled Substances Act 
                        (21 U.S.C. 802).
                            ``(ii) Cannabis-related legitimate 
                        business.--The term `cannabis-related 
                        legitimate business' has the meaning given that 
                        term in section 14 of the SAFE Banking Act of 
                        2021.
                            ``(iii) Indian country.--The term `Indian 
                        country' has the meaning given that term in 
                        section 1151 of title 18.
                            ``(iv) Indian tribe.--The term `Indian 
                        Tribe' has the meaning given that term in 
                        section 102 of the Federally Recognized Indian 
                        Tribe List Act of 1994 (25 U.S.C. 479a).
                            ``(v) Financial service.--The term 
                        `financial service' has the meaning given that 
                        term in section 14 of the SAFE Banking Act of 
                        2021.
                            ``(vi) Service provider.--The term `service 
                        provider' has the meaning given that term in 
                        section 14 of the SAFE Banking Act of 2021.
                            ``(vii) State.--The term `State' means each 
                        of the several States, the District of 
                        Columbia, the Commonwealth of Puerto Rico, and 
                        any territory or possession of the United 
                        States.''.

SEC. 7. GUIDANCE AND EXAMINATION PROCEDURES.

    Not later than 180 days after the date of enactment of this Act, 
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 providers.

SEC. 8. ANNUAL DIVERSITY AND INCLUSION REPORT.

    The Federal banking regulators shall issue an annual report to 
Congress containing--
            (1) information and data on the availability of access to 
        financial services for minority-owned and women-owned cannabis-
        related legitimate businesses; and
            (2) any regulatory or legislative recommendations for 
        expanding access to financial services for minority-owned and 
        women-owned cannabis-related legitimate businesses.

SEC. 9. GAO STUDY ON DIVERSITY AND INCLUSION.

    (a) Study.--The Comptroller General of the United States shall 
carry out a study on the barriers to marketplace entry, including in 
the licensing process, and the access to financial services for 
potential and existing minority-owned and women-owned cannabis-related 
legitimate businesses.
    (b) Report.--The Comptroller General shall issue a report to the 
Congress--
            (1) containing all findings and determinations made in 
        carrying out the study required under subsection (a); and
            (2) containing any regulatory or legislative 
        recommendations for removing barriers to marketplace entry, 
        including in the licensing process, and expanding access to 
        financial services for potential and existing minority-owned 
        and women-owned cannabis-related legitimate businesses.

SEC. 10. GAO STUDY ON EFFECTIVENESS OF CERTAIN REPORTS ON FINDING 
              CERTAIN PERSONS.

    Not later than 2 years after the date of the enactment of this Act, 
the Comptroller General of the United States shall carry out a study on 
the effectiveness of reports on suspicious transactions filed pursuant 
to section 5318(g) of title 31, United States Code, at finding 
individuals or organizations suspected or known to be engaged with 
transnational criminal organizations and whether any such engagement 
exists in a State, political subdivision, or Indian Tribe that has 
jurisdiction over Indian country that allows the cultivation, 
production, manufacture, sale, transportation, display, dispensing, 
distribution, or purchase of cannabis. The study shall examine reports 
on suspicious transactions as follows:
            (1) During the period of 2014 until the date of the 
        enactment of this Act, reports relating to marijuana-related 
        businesses.
            (2) During the 1-year period after date of the enactment of 
        this Act, reports relating to cannabis-related legitimate 
        businesses.

SEC. 11. APPLICATION OF THIS ACT WITH RESPECT TO HEMP-RELATED 
              LEGITIMATE BUSINESSES AND HEMP-RELATED SERVICE PROVIDERS.

    (a) In General.--The provisions of this Act (other than sections 6 
and 10) shall apply with respect to hemp-related legitimate businesses 
and hemp-related service providers in the same manner as such 
provisions apply with respect to cannabis-related legitimate businesses 
and service providers.
    (b) Definitions.--In this section:
            (1) CBD.--The term ``CBD'' means cannabidiol.
            (2) Hemp.--The term ``hemp'' has the meaning given that 
        term under section 297A of the Agricultural Marketing Act of 
        1946 (7 U.S.C. 1639o).
            (3) Hemp-related legitimate business.--The term ``hemp-
        related legitimate business'' means a manufacturer, producer, 
        or any person or company that--
                    (A) engages in any activity described in 
                subparagraph (B) in conformity with the Agricultural 
                Improvement Act of 2018 (Public Law 115-334) and the 
                regulations issued to implement such Act by the 
                Department of Agriculture, where applicable, and the 
                law of a State or political subdivision thereof or 
                Indian Tribe; and
                    (B) participates in any business or organized 
                activity that involves handling hemp, hemp-derived CBD 
                products, and other hemp-derived cannabinoid products, 
                including cultivating, producing, extracting, 
                manufacturing, selling, transporting, displaying, 
                dispensing, distributing, or purchasing hemp, hemp-
                derived CBD products, and other hemp-derived 
                cannabinoid products.
            (4) Hemp-related service provider.--The term ``hemp-related 
        service provider''--
                    (A) means a business, organization, or other person 
                that--
                            (i) sells goods or services to a hemp-
                        related legitimate business; or
                            (ii) provides any business services, 
                        including the sale or lease of real or any 
                        other property, legal or other licensed 
                        services, or any other ancillary service, 
                        relating to hemp, hemp-derived CBD products, or 
                        other hemp-derived cannabinoid products; and
                    (B) does not include a business, organization, or 
                other person that participates in any business or 
                organized activity that involves handling hemp, hemp-
                derived CBD products, or other hemp-derived cannabinoid 
                products, including cultivating, producing, 
                manufacturing, selling, transporting, displaying, 
                dispensing, distributing, or purchasing hemp, hemp-
                derived CBD products, and other hemp-derived 
                cannabinoid products.

SEC. 12. BANKING SERVICES FOR HEMP-RELATED LEGITIMATE BUSINESSES AND 
              HEMP-RELATED SERVICE PROVIDERS.

    (a) Findings.--The Congress finds that--
            (1) the Agriculture Improvement Act of 2018 (Public Law 
        115-334) legalized hemp by removing it from the definition of 
        ``marihuana'' under the Controlled Substances Act;
            (2) despite the legalization of hemp, some hemp businesses 
        (including producers, manufacturers, and retailers) continue to 
        have difficulty gaining access to banking products and 
        services; and
            (3) businesses involved in the sale of hemp-derived CBD 
        products are particularly affected, due to confusion about the 
        legal status of such products.
    (b) Federal Banking Regulators' Hemp Banking Guidance.--Not later 
than the end of the 90-day period beginning on the date of enactment of 
this Act, the Federal banking regulators shall update their existing 
guidance, as applicable, regarding the provision of financial services 
to hemp-related legitimate businesses and hemp-related service 
providers to address--
            (1) compliance with financial institutions' existing 
        obligations under Federal laws and implementing regulations 
        determined relevant by the Federal banking regulators, 
        including subchapter II of chapter 53 of title 31, United 
        States Code, and its implementing regulation in conformity with 
        this Act and the Department of Agriculture's rules regulating 
        domestic hemp production (7 CFR 990); and
            (2) best practices for financial institutions to follow 
        when providing financial services, including processing 
        payments, to hemp-related legitimate businesses and hemp-
        related service providers.
    (c) Definitions.--In this section:
            (1) Financial institution.--The term ``financial 
        institution''--
                    (A) has the meaning given that term under section 
                5312(a) of title 31, United States Code; and
                    (B) includes a bank holding company, as defined 
                under section 2(a) of the Bank Holding Company Act of 
                1956 (12 U.S.C. 1841(a)).
            (2) Hemp terms.--The terms ``CBD'', ``hemp'', ``hemp-
        related legitimate business'', and ``hemp-related service 
        provider'' have the meaning given those terms, respectively, 
        under section 11.

SEC. 13. 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.

SEC. 14. DEFINITIONS.

    In this Act:
            (1) Business of insurance.--The term ``business of 
        insurance'' has the meaning given such term in section 1002 of 
        the Dodd-Frank Wall Street Reform and Consumer Protection Act 
        (12 U.S.C. 5481).
            (2) Cannabis.--The term ``cannabis'' has the meaning given 
        the term ``marihuana'' in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802).
            (3) Cannabis product.--The term ``cannabis product'' means 
        any article which contains cannabis, including an article which 
        is a concentrate, an edible, a tincture, a cannabis-infused 
        product, or a topical.
            (4) Cannabis-related legitimate business.--The term 
        ``cannabis-related legitimate business'' means a manufacturer, 
        producer, or any person or company that--
                    (A) engages in any activity described in 
                subparagraph (B) pursuant to a law established by a 
                State or a political subdivision of a State, as 
                determined by such State or political subdivision; and
                    (B) participates in any business or organized 
                activity that involves handling cannabis or cannabis 
                products, including cultivating, producing, 
                manufacturing, selling, transporting, displaying, 
                dispensing, distributing, or purchasing cannabis or 
                cannabis products.
            (5) 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).
            (6) 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 Federal Housing 
        Finance Agency, the Financial Crimes Enforcement Network, the 
        Office of Foreign Asset Control, the Office of the Comptroller 
        of the Currency, the National Credit Union Administration, the 
        Department of the Treasury, or any Federal agency or department 
        that regulates banking or financial services, as determined by 
        the Secretary of the Treasury.
            (7) Financial service.--The term ``financial service''--
                    (A) 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), 
                regardless if the customer receiving the product or 
                service is a consumer or commercial entity;
                    (B) means a financial product or service, or any 
                combination of products and services, permitted to be 
                provided by--
                            (i) a national bank or a financial 
                        subsidiary pursuant to the authority provided 
                        under--
                                    (I) the provision designated 
                                ``Seventh'' of section 5136 of the 
                                Revised Statutes of the United States 
                                (12 U.S.C. 24); or
                                    (II) section 5136A of the Revised 
                                Statutes of the United States (12 
                                U.S.C. 24a); and
                            (ii) a Federal credit union, pursuant to 
                        the authority provided under the Federal Credit 
                        Union Act;
                    (C) includes the business of insurance;
                    (D) includes, whether performed directly or 
                indirectly, the authorizing, processing, clearing, 
                settling, billing, transferring for deposit, 
                transmitting, delivering, instructing to be delivered, 
                reconciling, collecting, or otherwise effectuating or 
                facilitating of payments or funds, where such payments 
                or funds are made or transferred by any means, 
                including by the use of credit cards, debit cards, 
                other payment cards, or other access devices, accounts, 
                original or substitute checks, or electronic funds 
                transfers;
                    (E) includes acting as a money transmitting 
                business which directly or indirectly makes use of a 
                depository institution in connection with effectuating 
                or facilitating a payment for a cannabis-related 
                legitimate business or service provider in compliance 
                with section 5330 of title 31, United States Code, and 
                any applicable State law; and
                    (F) includes acting as an armored car service for 
                processing and depositing with a depository institution 
                or a Federal reserve bank with respect to any monetary 
                instruments (as defined under section 1956(c)(5) of 
                title 18, United States Code.
            (8) Indian country.--The term ``Indian country'' has the 
        meaning given that term in section 1151 of title 18.
            (9) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given that term in section 102 of the Federally 
        Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
            (10) Insurer.--The term ``insurer'' has the meaning given 
        that term under section 313(r) of title 31, United States Code.
            (11) Manufacturer.--The term ``manufacturer'' means a 
        person who manufactures, compounds, converts, processes, 
        prepares, or packages cannabis or cannabis products.
            (12) Producer.--The term ``producer'' means a person who 
        plants, cultivates, harvests, or in any way facilitates the 
        natural growth of cannabis.
            (13) Service provider.--The term ``service provider''--
                    (A) means a business, organization, or other person 
                that--
                            (i) sells goods or services to a cannabis-
                        related legitimate business; or
                            (ii) provides any business services, 
                        including the sale or lease of real or any 
                        other property, legal or other licensed 
                        services, or any other ancillary service, 
                        relating to cannabis; and
                    (B) does not include a business, organization, or 
                other person that participates in any business or 
                organized activity that involves handling cannabis or 
                cannabis products, including cultivating, producing, 
                manufacturing, selling, transporting, displaying, 
                dispensing, distributing, or purchasing cannabis or 
                cannabis products.
            (14) State.--The term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, and any territory or possession of the United States.

SEC. 15. DISCRETIONARY SURPLUS FUNDS.

    Section 7(a)(3)(A) of the Federal Reserve Act (12 U.S.C. 
289(a)(3)(A)) is amended by reducing the dollar figure by $6,000,000.

            Passed the House of Representatives April 19, 2021.

            Attest:

                                                                 Clerk.
117th CONGRESS

  1st Session

                               H. R. 1996

_______________________________________________________________________

                                 AN ACT

To create protections for financial institutions that provide financial 
    services to cannabis-related legitimate businesses and service 
         providers for such businesses, and for other purposes.