Home > Legislation > 116th Congress > H.R.1595

H.R.1595 - Secure And Fair Enforcement Banking Act of 2019116th Congress (2019-2020)

Bill

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Sponsor: Rep. Perlmutter, Ed [D-CO-7] (Introduced 03/07/2019)
Committees: House - Financial Services; Judiciary | Senate - Banking, Housing, and Urban Affairs
Committee Meetings: 03/26/19 2:00PM
Committee Reports: H. Rept. 116-104
Latest Action: Senate - 09/26/2019 Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.  (All Actions)
Roll Call Votes: There has been 1 roll call vote

Tracker:

This bill has the status Passed House

Here are the steps for Status of Legislation:

  1. Introduced
  2. Passed House

More on This Bill

  • Constitutional Authority Statement
  • CBO Cost Estimates [1]

Subject — Policy Area:

Summary: H.R.1595 — 116th Congress (2019-2020)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Passed House (09/25/2019)

Secure and Fair Enforcement Banking Act of 2019 or the SAFE Banking Act of 2019

This bill generally prohibits a federal banking regulator from penalizing a depository institution for providing banking services to a legitimate marijuana- or hemp-related business. Specifically, the bill prohibits a federal banking regulator from (1) terminating or limiting the deposit insurance or share insurance of a depository institution solely because the institution provides financial services to a legitimate marijuana- or hemp-related business; (2) prohibiting or otherwise discouraging a depository institution from offering financial services to such a business; (3) recommending, incentivizing, or encouraging a depository institution not to offer financial services to an account holder solely because the account holder is affiliated with such a business; (4) taking any adverse or corrective supervisory action on a loan made to a person solely because the person either owns such a business or owns real estate or equipment leased or sold to such a business; or (5) penalizing a depository institution for engaging in a financial service for such a business.

As specified by the bill, a depository institution, a Federal Reserve bank, or an insurer shall not, under federal law, be liable or subject to forfeiture for providing a loan or other financial services to a legitimate marijuana- or hemp-related business.

The bill specifies 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.

The Government Accountability Office must report on (1) access to financial services for minority-owned and women-owned marijuana- or hemp-related businesses; and (2) the effectiveness of suspicious-transaction reports at finding engagement with organized criminal activity in jurisdictions that allow the cultivation, sale, or distribution of marijuana.