Legis Daily

SAFER Banking Act

USA118th CongressS-2860| Senate 
| Updated: 12/6/2023
Jeff Merkley

Jeff Merkley

Democratic Senator

Oregon

Cosponsors (36)
Mazie K. Hirono (Democratic)Tammy Duckworth (Democratic)Dan Sullivan (Republican)Catherine Cortez Masto (Democratic)Charles E. Schumer (Democratic)Kirsten E. Gillibrand (Democratic)Elizabeth Warren (Democratic)Ben Ray Luján (Democratic)Alex Padilla (Democratic)Cynthia M. Lummis (Republican)Christopher A. Coons (Democratic)Angus S. King (Independent)Amy Klobuchar (Democratic)John W. Hickenlooper (Democratic)Tim Kaine (Democratic)Kyrsten Sinema (Independent)Jacky Rosen (Democratic)Kevin Cramer (Republican)Jon Tester (Democratic)Debbie Stabenow (Democratic)Martin Heinrich (Democratic)Michael F. Bennet (Democratic)Patty Murray (Democratic)John Fetterman (Democratic)Tina Smith (Democratic)Bernard Sanders (Independent)Brian Schatz (Democratic)Maria Cantwell (Democratic)Tammy Baldwin (Democratic)Cory A. Booker (Democratic)Robert Menendez (Democratic)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 Regulation Banking Act or the SAFER Banking Act This bill provides protections for federally regulated financial institutions that serve state-sanctioned marijuana businesses. Currently, many financial institutions do not provide services to state-sanctioned marijuana businesses due to the federal classification of marijuana as a Schedule I controlled substance. Under the bill, a federal banking regulator may not penalize a depository institution for providing banking services to a state-sanctioned marijuana business. For example, regulators may not terminate or limit the deposit or share insurance of a depository institution solely because the institution provides financial services to a state-sanctioned marijuana business. The bill also prohibits a federal banking regulator from requesting or requiring a depository institution to terminate a deposit account unless (1) there is a valid reason, such as the regulator has cause to believe that the depository institution is engaging in an unsafe or unsound practice; and (2) reputational risk is not the dispositive factor. Additionally, proceeds from a transaction conducted by a state-sanctioned marijuana business are no longer considered proceeds from unlawful activity. (Financial institutions that handle proceeds from unlawful activity are subject to anti-money laundering laws. Violators of these laws are subject to fines and imprisonment.) Furthermore, a financial institution, insurer, or federal agency may not be held liable or subject to asset forfeiture under federal law for providing a loan, mortgage, or other financial service to a state-sanctioned marijuana business.

Bill Text Versions

View Text
2 versions available

Suggested Questions

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

Timeline
Sep 20, 2023
Introduced in Senate
Sep 20, 2023
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Sep 27, 2023
Committee on Banking, Housing, and Urban Affairs. Ordered to be reported with amendments favorably.
Sep 28, 2023
Committee on Banking, Housing, and Urban Affairs. Reported by Senator Brown with amendments. Without written report.
Sep 28, 2023
Placed on Senate Legislative Calendar under General Orders. Calendar No. 215.
Dec 6, 2023
Committee on Banking, Housing, and Urban Affairs. Hearings held.
  • September 20, 2023
    Introduced in Senate


  • September 20, 2023
    Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.


  • September 27, 2023
    Committee on Banking, Housing, and Urban Affairs. Ordered to be reported with amendments favorably.


  • September 28, 2023
    Committee on Banking, Housing, and Urban Affairs. Reported by Senator Brown with amendments. Without written report.


  • September 28, 2023
    Placed on Senate Legislative Calendar under General Orders. Calendar No. 215.


  • December 6, 2023
    Committee on Banking, Housing, and Urban Affairs. Hearings held.

Finance and Financial Sector

Related Bills

  • S 118-1323: SAFE Banking Act of 2023
  • HR 118-2891: SAFE Banking Act of 2023
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

SAFER Banking Act

USA118th CongressS-2860| Senate 
| Updated: 12/6/2023
Secure And Fair Enforcement Regulation Banking Act or the SAFER Banking Act This bill provides protections for federally regulated financial institutions that serve state-sanctioned marijuana businesses. Currently, many financial institutions do not provide services to state-sanctioned marijuana businesses due to the federal classification of marijuana as a Schedule I controlled substance. Under the bill, a federal banking regulator may not penalize a depository institution for providing banking services to a state-sanctioned marijuana business. For example, regulators may not terminate or limit the deposit or share insurance of a depository institution solely because the institution provides financial services to a state-sanctioned marijuana business. The bill also prohibits a federal banking regulator from requesting or requiring a depository institution to terminate a deposit account unless (1) there is a valid reason, such as the regulator has cause to believe that the depository institution is engaging in an unsafe or unsound practice; and (2) reputational risk is not the dispositive factor. Additionally, proceeds from a transaction conducted by a state-sanctioned marijuana business are no longer considered proceeds from unlawful activity. (Financial institutions that handle proceeds from unlawful activity are subject to anti-money laundering laws. Violators of these laws are subject to fines and imprisonment.) Furthermore, a financial institution, insurer, or federal agency may not be held liable or subject to asset forfeiture under federal law for providing a loan, mortgage, or other financial service to a state-sanctioned marijuana business.

Bill Text Versions

View Text
2 versions available

Suggested Questions

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

Timeline
Sep 20, 2023
Introduced in Senate
Sep 20, 2023
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Sep 27, 2023
Committee on Banking, Housing, and Urban Affairs. Ordered to be reported with amendments favorably.
Sep 28, 2023
Committee on Banking, Housing, and Urban Affairs. Reported by Senator Brown with amendments. Without written report.
Sep 28, 2023
Placed on Senate Legislative Calendar under General Orders. Calendar No. 215.
Dec 6, 2023
Committee on Banking, Housing, and Urban Affairs. Hearings held.
  • September 20, 2023
    Introduced in Senate


  • September 20, 2023
    Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.


  • September 27, 2023
    Committee on Banking, Housing, and Urban Affairs. Ordered to be reported with amendments favorably.


  • September 28, 2023
    Committee on Banking, Housing, and Urban Affairs. Reported by Senator Brown with amendments. Without written report.


  • September 28, 2023
    Placed on Senate Legislative Calendar under General Orders. Calendar No. 215.


  • December 6, 2023
    Committee on Banking, Housing, and Urban Affairs. Hearings held.
Jeff Merkley

Jeff Merkley

Democratic Senator

Oregon

Cosponsors (36)
Mazie K. Hirono (Democratic)Tammy Duckworth (Democratic)Dan Sullivan (Republican)Catherine Cortez Masto (Democratic)Charles E. Schumer (Democratic)Kirsten E. Gillibrand (Democratic)Elizabeth Warren (Democratic)Ben Ray Luján (Democratic)Alex Padilla (Democratic)Cynthia M. Lummis (Republican)Christopher A. Coons (Democratic)Angus S. King (Independent)Amy Klobuchar (Democratic)John W. Hickenlooper (Democratic)Tim Kaine (Democratic)Kyrsten Sinema (Independent)Jacky Rosen (Democratic)Kevin Cramer (Republican)Jon Tester (Democratic)Debbie Stabenow (Democratic)Martin Heinrich (Democratic)Michael F. Bennet (Democratic)Patty Murray (Democratic)John Fetterman (Democratic)Tina Smith (Democratic)Bernard Sanders (Independent)Brian Schatz (Democratic)Maria Cantwell (Democratic)Tammy Baldwin (Democratic)Cory A. Booker (Democratic)Robert Menendez (Democratic)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

  • S 118-1323: SAFE Banking Act of 2023
  • HR 118-2891: SAFE Banking Act of 2023
  • 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