Legis Daily

SAFE Banking Act of 2021

USA117th CongressS-910| Senate 
| Updated: 9/8/2022
Jeff Merkley

Jeff Merkley

Democratic Senator

Oregon

Cosponsors (42)
Bill Cassidy (Republican)Mazie K. Hirono (Democratic)Tammy Duckworth (Democratic)Dan Sullivan (Republican)Dianne Feinstein (Democratic)Catherine Cortez Masto (Democratic)Patrick J. Leahy (Democratic)Richard J. Durbin (Democratic)Edward J. Markey (Democratic)Kirsten E. Gillibrand (Democratic)Elizabeth Warren (Democratic)Ben Ray Luján (Democratic)Alex Padilla (Democratic)Cynthia M. Lummis (Republican)Christopher A. Coons (Democratic)Mark R. Warner (Democratic)Angus S. King (Independent)Amy Klobuchar (Democratic)Rand Paul (Republican)John W. Hickenlooper (Democratic)Roy Blunt (Republican)Tim Kaine (Democratic)Kyrsten Sinema (Independent)Jacky Rosen (Democratic)Kevin Cramer (Republican)Christopher Murphy (Democratic)Jon Tester (Democratic)Debbie Stabenow (Democratic)Martin Heinrich (Democratic)Michael F. Bennet (Democratic)Patty Murray (Democratic)Tina Smith (Democratic)Bernard Sanders (Independent)Brian Schatz (Democratic)Tammy Baldwin (Democratic)Robert Menendez (Democratic)Susan M. Collins (Republican)Gary C. Peters (Democratic)Steve Daines (Republican)Ron Wyden (Democratic)Mark Kelly (Democratic)Lisa Murkowski (Republican)

Banking, Housing, and Urban Affairs Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Secure and Fair Enforcement Banking Act of 2021 or the SAFE Banking Act of 2021 This bill generally prohibits a federal banking regulator from penalizing a depository institution for providing banking services to a legitimate cannabis-related business. Prohibited penalties include terminating or limiting the deposit insurance or share insurance of a depository institution solely because the institution provides financial services to a legitimate cannabis-related business and prohibiting or otherwise discouraging a depository institution from offering financial services to such a business. Additionally, proceeds from a transaction involving activities of a legitimate cannabis-related business are not considered proceeds from unlawful activity. Proceeds from unlawful activity are subject to anti-money laundering laws. Furthermore, a depository institution is not, under federal law, liable or subject to asset forfeiture for providing a loan or other financial services to a legitimate cannabis-related business. The bill also provides that a federal banking agency may not request or order a depository institution to terminate a customer account unless (1) the agency has a valid reason for doing so, and (2) that reason is not based solely on reputation risk. Valid reasons for terminating an account include threats to national security and involvement in terrorist financing, including state sponsorship of terrorism.
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Timeline

Bill from Previous Congress

S 116-1200
SAFE Banking Act of 2019
Mar 23, 2021
Introduced in Senate
Mar 23, 2021
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Sep 8, 2022
Committee on Banking, Housing, and Urban Affairs. Hearings held.
  • Bill from Previous Congress

    S 116-1200
    SAFE Banking Act of 2019


  • March 23, 2021
    Introduced in Senate


  • March 23, 2021
    Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.


  • September 8, 2022
    Committee on Banking, Housing, and Urban Affairs. Hearings held.

Finance and Financial Sector

Related Bills

  • HR 117-1996: Secure And Fair Enforcement Banking Act of 2021
Administrative law and regulatory proceduresAsiaBank accounts, deposits, capitalBanking and financial institutions regulationBusiness recordsCongressional oversightConsumer affairsCredit and credit marketsCriminal investigation, prosecution, interrogationDepartment of the TreasuryDrug, alcohol, tobacco useDrug trafficking and controlled substancesEvidence and witnessesFederal Deposit Insurance Corporation (FDIC)Federal Reserve SystemFinancial services and investmentsFraud offenses and financial crimesGovernment information and archivesGovernment liabilityGovernment studies and investigationsInsurance industry and regulationIranJudicial procedure and administrationLicensing and registrationsMiddle EastMinority and disadvantaged businessesNational Credit Union AdministrationNorth KoreaOrganized crimeSyriaTerrorismWomen in business

SAFE Banking Act of 2021

USA117th CongressS-910| Senate 
| Updated: 9/8/2022
Secure and Fair Enforcement Banking Act of 2021 or the SAFE Banking Act of 2021 This bill generally prohibits a federal banking regulator from penalizing a depository institution for providing banking services to a legitimate cannabis-related business. Prohibited penalties include terminating or limiting the deposit insurance or share insurance of a depository institution solely because the institution provides financial services to a legitimate cannabis-related business and prohibiting or otherwise discouraging a depository institution from offering financial services to such a business. Additionally, proceeds from a transaction involving activities of a legitimate cannabis-related business are not considered proceeds from unlawful activity. Proceeds from unlawful activity are subject to anti-money laundering laws. Furthermore, a depository institution is not, under federal law, liable or subject to asset forfeiture for providing a loan or other financial services to a legitimate cannabis-related business. The bill also provides that a federal banking agency may not request or order a depository institution to terminate a customer account unless (1) the agency has a valid reason for doing so, and (2) that reason is not based solely on reputation risk. Valid reasons for terminating an account include threats to national security and involvement in terrorist financing, including state sponsorship of terrorism.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

S 116-1200
SAFE Banking Act of 2019
Mar 23, 2021
Introduced in Senate
Mar 23, 2021
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Sep 8, 2022
Committee on Banking, Housing, and Urban Affairs. Hearings held.
  • Bill from Previous Congress

    S 116-1200
    SAFE Banking Act of 2019


  • March 23, 2021
    Introduced in Senate


  • March 23, 2021
    Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.


  • September 8, 2022
    Committee on Banking, Housing, and Urban Affairs. Hearings held.
Jeff Merkley

Jeff Merkley

Democratic Senator

Oregon

Cosponsors (42)
Bill Cassidy (Republican)Mazie K. Hirono (Democratic)Tammy Duckworth (Democratic)Dan Sullivan (Republican)Dianne Feinstein (Democratic)Catherine Cortez Masto (Democratic)Patrick J. Leahy (Democratic)Richard J. Durbin (Democratic)Edward J. Markey (Democratic)Kirsten E. Gillibrand (Democratic)Elizabeth Warren (Democratic)Ben Ray Luján (Democratic)Alex Padilla (Democratic)Cynthia M. Lummis (Republican)Christopher A. Coons (Democratic)Mark R. Warner (Democratic)Angus S. King (Independent)Amy Klobuchar (Democratic)Rand Paul (Republican)John W. Hickenlooper (Democratic)Roy Blunt (Republican)Tim Kaine (Democratic)Kyrsten Sinema (Independent)Jacky Rosen (Democratic)Kevin Cramer (Republican)Christopher Murphy (Democratic)Jon Tester (Democratic)Debbie Stabenow (Democratic)Martin Heinrich (Democratic)Michael F. Bennet (Democratic)Patty Murray (Democratic)Tina Smith (Democratic)Bernard Sanders (Independent)Brian Schatz (Democratic)Tammy Baldwin (Democratic)Robert Menendez (Democratic)Susan M. Collins (Republican)Gary C. Peters (Democratic)Steve Daines (Republican)Ron Wyden (Democratic)Mark Kelly (Democratic)Lisa Murkowski (Republican)

Banking, Housing, and Urban Affairs Committee

Finance and Financial Sector

Related Bills

  • HR 117-1996: Secure And Fair Enforcement Banking Act of 2021
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Administrative law and regulatory proceduresAsiaBank accounts, deposits, capitalBanking and financial institutions regulationBusiness recordsCongressional oversightConsumer affairsCredit and credit marketsCriminal investigation, prosecution, interrogationDepartment of the TreasuryDrug, alcohol, tobacco useDrug trafficking and controlled substancesEvidence and witnessesFederal Deposit Insurance Corporation (FDIC)Federal Reserve SystemFinancial services and investmentsFraud offenses and financial crimesGovernment information and archivesGovernment liabilityGovernment studies and investigationsInsurance industry and regulationIranJudicial procedure and administrationLicensing and registrationsMiddle EastMinority and disadvantaged businessesNational Credit Union AdministrationNorth KoreaOrganized crimeSyriaTerrorismWomen in business