Should Congress regulate banks' ability to deny services?

Awaiting Vote
Bill Summary

This bill aims to prevent large financial institutions from refusing services to legally operating businesses based on ideological or political considerations. Under the bill, banks with over $50 billion in assets must prove to the federal government that denial of services to a legally operating customer is based on individualized risk assessments rather than political pressure. Source: Rep. Andy Barr (Republican, Kentucky, District 6)
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Opponents say

•    "It’s no coincidence that we’re seeing a decline in de novo banks. This longstanding trend stems from several factors over the years, including an overly complex application process, a challenging interest rate environment, and for some, the added burden of discrimination and systemic bias faced by individuals wishing to provide financial access to underserved communities. As Trump regulators resume rubber stamping massive bank mergers, like the recent Capital One-Discover deal, and begin rolling back oversight for our largest banks and nonbank financial companies, it’s critical that the United States encourages the creation of new community banks and credit unions to compete and serve our communities. My bill is designed to do just that. By advancing solutions to key concerns raised by those who are trying to start a new community financial institution, Congress can support the creation of more community financial institutions, including Minority Depository Institutions and Community Development Financial Institutions, and ensure that historically excluded communities across the country have access to equitable and affordable financial services. As we know, community banks and credit unions serve as both a backbone and lifeline for underserved areas, filling critical gaps and expanding credit to families in need as well as entrepreneurs looking to start a small business." Source: Rep. Maxine Waters (Democrat, California, District 43) opposing "American Access to Banking Act" (H.R. 4544)


Proponents say

•    "Congressman Barr’s ‘Fair Access to Banking’ bill is vital to ensure financial service providers aren’t discriminating against lawful industries like the firearm industry to score points with the ‘woke’ cancel culture. This legislation will ensure financial institutions, when deciding whether or not to offer services to fully legal and lawful businesses, make such decisions based upon verifiable financial data and not on the political or social views of a few bank executives. The banking industry has benefited from taxpayer bailouts and taxpayer-funded insurances, and it is unacceptable that these same banking institutions believe they can arbitrarily deny services to legal, constitutional businesses such as our industry, which gainfully employs millions of Americans and helps guarantee the right to keep and bear arms. The firearm industry thanks Representative Barr for his leadership to guarantee all legal and regulated American companies have fair and uniform access to financial services." Source: Lawrence G. Keane, NSSF’s Senior Vice President and General Counsel