S. 2860 — what changed
Secure And Fair Enforcement Regulation Banking Act
From Introduced in Senate to Reported in Senate. 7 sections amended and 1 added between Introduced in Senate and Reported in Senate.
Sec. 4 Protections for providing services to State-sanctioned marijuana businesses
changed
For the purposes of sections 1956 and 1957 of title 18, United States Code, and all other provisions of Federal law, the proceeds from marijuana-related activities of a transaction conducted by a State-sanctioned marijuana business or service provider that conducts all of its marijuana-related activity in compliance with the marijuana-related law of the State, Indian Tribe, or political subdivision of the State shall not be considered proceeds from an unlawful activity solely because—
the transaction involves proceeds from a State-sanctioned marijuana business or service provider; or
changed
the transaction involves proceeds from—from marijuana-related activities described in section 2(19)(B) conducted by a State-sanctioned marijuana business pursuant to the marijuana-related law of the applicable State, Indian Tribe, or political subdivision of a State.
removed
marijuana-related activities described in section 2(19)(B) conducted by a State-sanctioned marijuana business; or
removed
activities described in section 2(17)(A) conducted by a service provider.
Sec. 5 Protections under Federal law
In general— With respect to providing a financial service to a State-sanctioned marijuana business (where such State-sanctioned marijuana business operates within a State, an Indian Tribe, or a political subdivision of a State that allows the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of marijuana pursuant to a law or regulation of such State, Indian Tribe, or political subdivision, as applicable) or a service provider (wherever located), a depository institution, an entity performing a financial service for or in association with a depository institution, a community development financial institution, or an insurer that provides a financial service to a State-sanctioned marijuana business or service provider, and the officers, directors, employees, and agents of that depository institution, entity, community development financial institution, or insurer may not be held liable pursuant to any Federal law or regulation—
solely for providing such a financial service; or
for further investing any income derived from such a financial service.
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 State-sanctioned marijuana business (where such State-sanctioned marijuana business operates within a State, an Indian Tribe, or a political subdivision of a State that allows the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of marijuana pursuant to a law or regulation of such State, Indian Tribe, or political subdivision, 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—
solely for providing such a service; or
for further investing any income derived from such a service.
Protections for insurers— With respect to engaging in the business of insurance within a State, an Indian Tribe, or a political subdivision of a State that allows the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of marijuana pursuant to a law or regulation of such State, Indian Tribe, or political subdivision, as applicable, an insurer that engages in the business of insurance with a State-sanctioned marijuana business or service provider or that otherwise engages with a person in a transaction permissible pursuant to a law (including regulations) of such State, Indian Tribe, or political subdivision related to marijuana, and the officers, directors, and employees of that insurer, may not be held liable pursuant to any Federal law or regulation—
solely for engaging in the business of insurance; or
for further investing any income derived from the business of insurance.
Forfeiture—
Depository institutions and community development financial institutions— A depository institution or community development financial 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 State-sanctioned marijuana business or service provider, or to an owner or operator of real estate or equipment that is leased or sold to a State-sanctioned marijuana business or service provider, shall not be subject to criminal, civil, or administrative forfeiture of that legal interest pursuant to any Federal law solely for providing such loan or other financial service.
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 State-sanctioned marijuana business or service provider, or to an owner or operator of real estate or equipment that is leased or sold to a State-sanctioned marijuana 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.
changed
Federal national mortgage association, federal home loan mortgage corporation, Federal home loan banks, and federal agencies making, insuring, or guaranteeing mortgage loans or securities— The Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, any Federal Home Loan Bank, and any Federal agency that has a legal interest in the collateral for a residential mortgage loan, including individual units of condominiums and cooperatives, provided that the collateral is a property designed principally for the occupancy of 1 to 4 families and underwritten, in whole or in part, based on income from a State-sanctioned marijuana 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, insuring, guaranteeing, purchasing, securitizing, or guaranteeing payments from a security based on such loan.
Other parties to mortgage loans— A nondepository lender that makes a covered mortgage loan, as defined in section 9(a), and any person who otherwise has a legal interest in such a loan or in the collateral of the loan, including individual units of condominiums and cooperatives, provided that the collateral is a property designed principally for the occupancy of 1 to 4 families and underwritten, in whole or in part, based on income from a State-sanctioned marijuana 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, purchasing, securitizing, accepting, and making payments related to such covered mortgage loan solely because loan payments or underwriting are based on income that is in whole or in part from a State-sanctioned marijuana business or service provider.
Definition— In this subsection, the term collateral does not include marijuana or a marijuana product.
Sec. 6 Requirements for filing suspicious activity reports
Section 5318(g) of title 31, United States Code, is amended—
by redesignating paragraph (11) as paragraph (12); and
by inserting after paragraph (10) the following
“(11) Requirements for State-sanctioned marijuana businesses
changed
“(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 State-sanctioned marijuana business or service provider, the report shall comply with appropriate guidance issued by the Secretary of the Treasury. Not later than the end of the 180-day 180-day1-year period beginning on the date of enactment of the Secure And Fair Enforcement Regulation Banking Act, the Secretary shall amend the February 14, 2014, guidance titled “BSA Expectations Regarding Marijuana-Related Businesses” (FIN–2014–G001) or issue new guidance to ensure consistency with the purpose and intent of the Secure And Fair Enforcement Regulation Banking Act, and the amendments made by that Act, and that such guidance ensures that a financial institution, and any director, officer, employee, or agent of a financial institution, continues to report suspicious transactions pursuant to this subsection, as applicable, relating to State-sanctioned marijuana businesses and service providers to preserve the ability of the Financial Crimes Enforcement Network to prevent and combat illicit activity.
“(B) Definitions—In this paragraph:
“(i) Financial service; service provider; State; State-sanctioned marijuana business—The terms financial service, service provider, State, and State-sanctioned marijuana business have the meanings given the terms in section 2 of the SAFER Banking Act.
“(ii) Indian country—The term Indian country has the meaning given the term in section 1151 of title 18.
“(iii) Indian Tribe—The term Indian Tribe has the meaning given the term Indian tribe in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130).
“(iv) Marijuana—The term marijuana has the meaning given the term marihuana in section 102 of the Controlled Substances Act (21 U.S.C. 802).”
Sec. 9 Treatment of income derived from a State-sanctioned marijuana business for qualification for a covered mortgage loan
Definition— In this section, the term covered mortgage loan means any loan secured by a first or subordinate lien on residential real property, including individual units of condominiums and cooperatives, designed principally for the occupancy of 1 to 4 families that is—
insured by the Federal Housing Administration under title I or title II of the National Housing Act (12 U.S.C. 1702 et seq., 1707 et seq.);
insured under section 255 of the National Housing Act (12 U.S.C. 1715z–20);
guaranteed under section 184 or 184A of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a, 1715z–13b);
guaranteed, insured, or made by the Department of Veterans Affairs;
guaranteed, insured, or made by the Department of Agriculture;
purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association; or
acquired or purchased by a Federal Home Loan Bank or pledged as collateral for an advance from a Federal Home Loan Bank.
Treatment of income—
In general— Income derived from a State-sanctioned marijuana business that operates within a State, an Indian Tribe, or a political subdivision of a State that allows the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of marijuana pursuant to a law or regulation of the State, Indian Tribe, or political subdivision, as applicable, or a service provider (wherever located), shall be considered in the same manner as any other legal income for purposes of determining eligibility for a covered mortgage loan for a 1- to 4-unit property that is the principal residence of the mortgagor.
changed
Liability— The mortgagee or servicer of a covered mortgage loan described in paragraph (1), or any Federal agency, the Federal National Mortgage Association, any Federal Home Loan Bank, or the Federal Home Loan Mortgage Corporation, may not be held liable pursuant to any Federal law or regulation solely for—
providing, insuring, guaranteeing, purchasing, or securitizing a mortgage to an otherwise qualified borrower on the basis of the income described in paragraph (1); or
accepting the income described in paragraph (1) as payment on the covered mortgage loan.
Implementation— Not later than 180 days after the date of enactment of this Act—
the Federal Housing Administration shall implement subsection (b)—
by notice or mortgagee letter for loans insured under title I, title II, or section 255 of the National Housing Act (12 U.S.C. 1702 et seq., 1707 et seq., 1715z–20); and
by lender letter for loans guaranteed under section 184 or 184A of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a, 1715z–13b);
the Department of Veterans Affairs shall implement subsection (b) by circular or handbook for loans guaranteed, insured, or made by the Department;
the Department of Agriculture shall implement subsection (b) by bulletin for loans guaranteed or made by the Department;
the Federal Home Loan Mortgage Corporation shall implement subsection (b) by updating its Single-Family Seller/Servicer Guide for loans purchased or securitized by the Corporation; and
changed
the Federal National Mortgage Association shall implement subsection (b) by updating its Single Family Selling Guide for loans purchased or securitized by the Association.Association.; and
added
each Federal Home Loan Bank shall implement subsection (b) by updating its selling guidelines for loans purchased.
Sec. 10 Requirements for deposit accounts
Sense of Congress— It is the sense of Congress that—
appropriate Federal banking agencies have a duty to ensure that the depository institutions supervised by those agencies—
are operating in a safe and sound manner; and
have processes and procedures in place to identify fraudulent or illegal activity, whether activity occurs at a depository institution or through vendors or customers with which a depository institution has a relationship;
the duty described in paragraph (1) rests on laws and regulations, not on personal beliefs or political motivations;
undue pressure and coercion designed to restrict access to financial services for lawful businesses have no place at any appropriate Federal banking agency;
depository institutions should provide banking services in the communities in which those institutions serve while carrying out customer identification, risk-based customer diligence, and suspicious activity monitoring and reporting obligations under subchapter II of chapter 53 of title 31, United States Code (referred to in this section as the “Bank Secrecy Act”), with respect to the customers of those institutions;
despite the fact that individual customers of depository institutions within broader customer categories present varying degrees of risk, all depository institutions should take a risk-based approach in assessing individual customer relationships rather than decline to provide banking services to categories of customers without regard to the risks presented by an individual customer or the ability of the depository institution to manage the risk;
depository institutions that properly manage customer relationships and risks are neither prohibited nor discouraged from providing services to customers that are operating in compliance with applicable Federal and State law; and
each depository institution is responsible for determining whether providing services to any particular customer is consistent with the business plan, risk profile, and management capabilities of the depository institution.
Conditions for termination—
In general— An appropriate Federal banking agency may not request or require a depository institution to terminate a specific deposit account or group of deposit accounts (including, but not limited to, any deposit account of any customer that is a State-sanctioned marijuana business or service provider), unless—
there is a valid reason for that request or requirement, as described in paragraph (2); and
reputational risk is not the dispositive factor for that request or requirement.
Valid reasons—
In general— To establish a valid reason for a request or requirement under paragraph (1), the appropriate Federal banking agency shall document that the agency—
has reasonable cause to believe that the applicable depository institution or any institution-affiliated party has engaged, is engaged, or is about to engage in—
an unsafe or unsound practice in conducting business;
a violation of an applicable law, rule, regulation, order, condition imposed in writing, formal or informal enforcement action, or written agency formal or informal guidance, which shall include the priorities for anti-money laundering and countering the financing of terrorism policy established by the Secretary of the Treasury under section 5318(h)(4) of title 31, United States Code, or otherwise operating in a manner that is inconsistent with requirements of the Bank Secrecy Act; or
any activity, conduct, or condition that could lead to, or has led to, the issuance of a matter requiring attention, a matter requiring immediate attention, a matter requiring board attention, a document of resolution, or a supervisory recommendation; or
has another reason, determined to be valid in the discretion of the agency, for making that request or imposing that requirement.
added
In general— To establish a valid reason for a request or requirement under paragraph (1), the appropriate Federal banking agency shall document that valid reason, which may include that the agency has reasonable cause to believe that the applicable depository institution or any institution-affiliated party has engaged, is engaged, or is about to engage in—
added
an unsafe or unsound practice in conducting business;
added
a violation of an applicable law, rule, regulation, order, condition imposed in writing, formal or informal enforcement action, or written agency guidance, which shall include the priorities for anti-money laundering and countering the financing of terrorism policy established by the Secretary of the Treasury under section 5318(h)(4) of title 31, United States Code, or otherwise operating in a manner that is inconsistent with requirements of the Bank Secrecy Act; or
added
any activity, conduct, or condition that could lead to, or has led to, the issuance of a matter requiring attention, a matter requiring immediate attention, a matter requiring board attention, a document of resolution, or a supervisory recommendation.
renumbered
was (3)(3)(3)
Treatment of national security and illicit finance threats— If an appropriate Federal banking agency has reasonable cause to believe that a specific customer or group of customers is, or is acting for or on behalf of, an entity that—
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was (3)(3)(3)(3)
poses a threat to national security;
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was (3)(3)(3)(4)
is involved in terrorist or other illicit financing;
added
is an agent of the Government of Iran, North Korea, Syria, the People’s Republic of China, the Russian Federation, or any country listed on the State Sponsors of Terrorism list;
added
is in, or is subject to the jurisdiction of, any country described in clause (iii)listed on the State Sponsors of Terrorism list;
removed
is an agent of the Government of Iran, North Korea, Syria, or any country listed on the State Sponsors of Terrorism list;
removed
is in, or is subject to the jurisdiction of, any country described in clause (iii);
renumbered
was (3)(3)(3)(7)
does business with any entity described in clause (iii) or (iv), unless the appropriate Federal banking agency determines that the customer or group of customers has conducted due diligence to avoid doing business with any entity described in clause (iii) or (iv); or
renumbered
was (3)(3)(3)(8)
is engaged in—
renumbered
was (3)(3)(3)(8)(2)
any other illicit conduct directly or indirectly supporting a transnational criminal organization, drug trafficking organization, or money laundering organization; or
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was (3)(3)(3)(8)(3)
any other criminal activity,
Notice requirement— If an appropriate Federal banking agency requests or requires a depository institution to terminate a specific deposit account or a group of deposit accounts under subsection (b), the agency shall—
provide such request or requirement to the institution in writing; and
accompany such request or requirement with the valid reason for the request or requirement, as described in subsection (b)(2).
Customer notice—
Notice required— Except as provided in paragraph (2), or as otherwise prohibited from disclosure by law, if an appropriate Federal banking agency requests or requires a depository institution to terminate a deposit account under subsection (b), the depository institution shall notify in writing the specific customer or group of customers, the deposit account of which is being terminated, of the valid reason for that termination, as determined under subsection (b)(2).
Notice prohibited—
Notice prohibited in cases of national security and law enforcement investigations—
In general— Neither a depository institution nor an appropriate Federal banking agency may provide the applicable customer or group of customers with the notice required under paragraph (1) if—
a Federal law enforcement agency or an element of the intelligence community advises the depository institution or the appropriate Federal banking agency that the notice—
may interfere with a matter of national security;
involves a matter described in subsection (b)(2)(B); or
may interfere with a law enforcement investigation, criminal prosecution, or civil action brought by a government agency; or
the depository institution or appropriate Federal banking agency knows or should know that, with respect to that customer or group of customers, a criminal prosecution or a law enforcement investigation is pending.
Consultation and recommendations— An appropriate Federal banking agency and depository institution shall consult with, and follow the recommendations of, a Federal law enforcement agency or element of the intelligence community, as applicable, regarding whether the notice described in paragraph (1) is required under that paragraph or prohibited under clause (i) of this subparagraph.
Notice prohibited in other cases— If an appropriate Federal banking agency requests or requires a depository institution to terminate a specific deposit account or a group of deposit accounts under subsection (b), neither the depository institution nor the appropriate Federal banking agency may notify the customer or group of customers of the justification for that action, if—
that notice may—
disclose the existence of a report on suspicious transactions filed under section 5318(g) of title 31, United States Code; or
reveal confidential supervisory information or a concern of an appropriate Federal banking agency relating to an internal control of a depository institution; or
the appropriate Federal banking agency has reasonable cause to believe that the depository institution or any institution-affiliated party has engaged, is engaged, or is about to engage in—
a violation of an applicable law, rule, regulation, order, enforcement action, condition imposed in writing, or formal or informal written agency guidance; or
an unsafe or unsound banking practice relating to that customer or group of customers.
Reporting requirement— Each appropriate Federal banking agency shall—
submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives an annual report stating—
the aggregate number of specific deposit accounts that the agency requested that a depository institution terminate, or required a depository institution to terminate, during the previous year; and
the legal authority on which the agency relied in making each request and requirement under subparagraph (A) and the frequency on which the agency relied on each such authority; and
before submitting each report required under paragraph (1), provide the Inspector General of the agency with an opportunity to conduct an evaluation or review of the activity described in that report, which the Inspector General shall submit to the committees described in paragraph (1) concurrently with the submission of the report under paragraph (1).
Increasing access to deposit accounts for businesses and consumers—
In general— Not later than 2 years after the date of enactment of this Act, the appropriate Federal banking agencies, in consultation with applicable State bank supervisors, the Secretary of Commerce, and the Secretary of the Treasury, shall collectively promulgate rules or guidance to increase access to deposit accounts for businesses and consumers.
Standards— The rules or guidance promulgated under paragraph (1) shall include standards for—
entering into and maintaining individual consumer relationships and relationships with categories of consumers;
increasing access to deposit accounts—
in the communities in which depository institutions serve, including rural communities and low- and moderate-income communities, which may be tailored to account for the business models of community banks and credit unions; and
for Tribal communities, including by overcoming historical barriers to authenticating the identities of individuals and other challenges to obtaining deposit accounts;
depository institutions to use innovative technologies to increase access to deposit accounts while maintaining appropriate third-party risk management and oversight; and
features of a deposit account that are responsive to the needs of an unbanked business or consumer.
changed
Biennial FDIC and NCUA survey and report on access to deposit accounts by small and medium-sized businesses—
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In general— The Federal Deposit Insurance Corporation and the National Credit Union Administration shall conduct a biennial survey on the efforts of depository institutions to provide greater access to deposit accounts to small and medium-sized businesses that may have encountered difficulties in accessing or maintaining deposit accounts.
changed
Considerations— In conducting each survey required under paragraph (1), the Federal Deposit Insurance Corporation and the National Credit Union Administration shall consider what issues and barriers most frequently prevent small and medium-sized businesses from accessing or maintaining deposit accounts that are necessary to operate those businesses.
Rule of construction— Nothing in this section may be construed to limit or restrict the authority of an appropriate Federal banking agency to—
identify or discuss potential supervisory findings with the staff or management of a depository institution, including findings involving financial condition, governance, consumer protection, internal controls, or unsafe or unsound conditions; or
identify or discuss deficiencies in compliance or risks associated with the Bank Secrecy Act, including anti-money laundering or countering the financing of terrorism practices.
Definitions— In this section:
Appropriate Federal banking agency— The term appropriate Federal banking agency means—
the appropriate Federal banking agency, as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and
changed
the National Credit Union Administration, in the case of an insured credit union.union, as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752).
Depository institution— The term depository institution means—
a depository institution, as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and
changed
an insured credit union.union, as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752).
Intelligence community— The term intelligence community has the meaning given the term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
Sec. 11 Annual access to financial services report
added
Federal banking regulators— The Federal banking regulators shall submit to Congress an annual report containing information and data on the availability of access to financial services for minority-owned, veteran-owned, women-owned, Tribal community-owned, and small State-sanctioned marijuana businesses.
removed
The Federal banking regulators shall submit to Congress an annual report containing—
changed
GAO— information and data The Comptroller General of the United States shall submit to Congress an annual report that, based on the availability of information contained in the report submitted under subsection (a) for the applicable year, contains regulatory or legislative recommendations for expanding access to financial services for minority-owned, veteran-owned, women-owned, Tribal community-owned, and small State-sanctioned marijuana businesses; andbusinesses.
removed
any regulatory or legislative recommendations for expanding access to financial services for minority-owned, veteran-owned, women-owned, Tribal community-owned, and small State-sanctioned marijuana businesses and hemp-related legitimate businesses.
Sec. 15 FinCEN testimony
added Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director of the Financial Crimes Enforcement Network of the Department of the Treasury shall testify before the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives regarding anti-money laundering efforts.
removed
No requirement To provide financial services— Nothing in this Act shall require a depository institution, an entity performing a financial service for or in association with a depository institution, a community development financial institution, or an insurer to provide financial services to a State-sanctioned marijuana business, service provider, or any other business.
removed
General examination, supervisory, and enforcement authority— Nothing in this Act may be construed in any way to limit or otherwise restrict the general examination, supervisory, and enforcement authority of the Federal banking regulators (including the Department of the Treasury), provided that any supervisory or enforcement action is not being taken solely because the provision of financial services to a State-sanctioned marijuana business or service provider.
removed
Business of insurance— Nothing in this Act shall interfere with the regulation of the business of insurance in accordance with the Act entitled “An Act to express the intent of the Congress with reference to the regulation of the business of insurance”, approved March 9, 1945 (commonly known as the “McCarran-Ferguson Act”; 15 U.S.C. 1011 et seq.), and the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.).
removed
Law enforcement authority— Nothing in this Act shall restrict or limit the ability of Federal law enforcement agencies to investigate and prosecute money-laundering crimes involving proceeds of illegal activity other than marijuana-related activities conducted in compliance with the law of the State, Indian Tribe, or political subdivision of a State by a State-sanctioned marijuana business or service provider.
Sec. 1516 Rules of construction
added
added
No requirement To provide financial services— Nothing in this Act shall require a depository institution, an entity performing a financial service for or in association with a depository institution, a community development financial institution, or an insurer to provide financial services to a State-sanctioned marijuana business, service provider, or any other business.
added
General examination, supervisory, and enforcement authority— Nothing in this Act may be construed in any way to limit or otherwise restrict the general examination, supervisory, and enforcement authority of the Federal banking regulators (including the Department of the Treasury), provided that any supervisory or enforcement action is not being taken solely because of the provision of financial services to a State-sanctioned marijuana business or service provider.
added
Business of insurance— Nothing in this Act shall interfere with the regulation of the business of insurance in accordance with the Act entitled “An Act to express the intent of the Congress with reference to the regulation of the business of insurance”, approved March 9, 1945 (commonly known as the “McCarran-Ferguson Act”; 15 U.S.C. 1011 et seq.), and the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.).
added
Law enforcement authority— Nothing in this Act shall restrict or limit the ability of Federal law enforcement agencies to investigate and prosecute money-laundering crimes involving proceeds of illegal activity other than marijuana-related activities conducted in compliance with the law of the State, Indian Tribe, or political subdivision of a State by a State-sanctioned marijuana business or service provider.