[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8643 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 8643
To prohibit covered financial institutions from collecting,
maintaining, and disclosing information relating to the citizenship
status and immigration status of consumers, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 30, 2026
Mr. Torres of New York introduced the following bill; which was
referred to the Committee on Financial Services
_______________________________________________________________________
A BILL
To prohibit covered financial institutions from collecting,
maintaining, and disclosing information relating to the citizenship
status and immigration status of consumers, 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 Access Protection Act''.
SEC. 2. PROHIBITION ON COLLECTION OF CITIZENSHIP OR IMMIGRATION STATUS
INFORMATION.
(a) In General.--Notwithstanding any other provision of law, a
covered financial institution may not--
(1) require a consumer or prospective consumer to disclose
their citizenship status or immigration status as a condition
of opening, maintaining, or accessing an account or financial
service offered by such covered financial institution;
(2) request, collect, record, retain, maintain, or
otherwise obtain information relating to the citizenship status
or immigration status of a consumer; or
(3) transmit, report, disclose, or otherwise make available
information relating to the citizenship status or immigration
status of a consumer available to any Federal agency or other
governmental entity.
(b) Prohibition on Regulatory Action.--No appropriate Federal
banking agency may, by regulation, rule, order, guidance, supervisory
expectation, examination procedure, informal request, or otherwise--
(1) require or encourage a covered financial institution to
collect or maintain information regarding the citizenship
status or immigration status of a consumer; or
(2) condition supervisory ratings, enforcement decisions,
approvals, or other regulatory determinations on the collection
or reporting of information about the citizenship status or
immigration status of a consumer.
(c) Enforcement.--Each appropriate Federal banking agency shall
enforce this section with respect to covered financial institutions.
(d) Covered Financial Institution Defined.--In this section:
(1) Appropriate federal banking agency.--The term
``appropriate Federal banking agency'' has the meaning given
the term in section 3 of the Federal Deposit Insurance Act.
(2) Covered financial institution.--The term ``covered
financial institution'' means--
(A) an insured depository institution (as such term
is defined in section 3 of the Federal Deposit
Insurance Act);
(B) an insured credit union (as defined in section
101 of the Federal Credit Union Act) or any credit
union regulated by the National Credit Union
Administration;
(C) a consumer reporting agency (as such term is
defined in section 603 of the Fair Credit Reporting
Act);
(D) a national bank or Federal savings association
supervised by the Office of the Comptroller of the
Currency;
(E) a State member bank supervised by the Board of
Governors of the Federal Reserve System;
(F) a State nonmember bank supervised by the
Federal Deposit Insurance Corporation;
(G) a bank holding company or savings and loan
holding company supervised by the Board of Governors of
the Federal Reserve System; and
(H) a subsidiary or affiliate thereof that is
subject to examination or supervision by a Federal
banking agency.
(e) Rule of Construction.--Nothing in this section may be construed
to--
(1) alter or limit the any obligations a covered financial
institution has under the Bank Secrecy Act (as such term is
defined in section 6003 of the Anti-Money Laundering Act of
2020); or
(2) prevent covered financial institutions from complying
with Federal, State, or local reporting requirements relating
to the prevention of financial crimes including money
laundering, terrorist financing, and compliance with sanctions.
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