Legis Daily

Fair Access to Banking Act

USA119th CongressS-401| Senate 
| Updated: 2/4/2025
Kevin Cramer

Kevin Cramer

Republican Senator

North Dakota

Cosponsors (45)
Joni Ernst (Republican)Tommy Tuberville (Republican)Rick Scott (Republican)Bill Cassidy (Republican)Roger Marshall (Republican)Markwayne Mullin (Republican)Dan Sullivan (Republican)Mitch McConnell (Republican)Katie Boyd Britt (Republican)Thomas Tillis (Republican)Jim Banks (Republican)Cindy Hyde-Smith (Republican)Jerry Moran (Republican)James E. Risch (Republican)Cynthia M. Lummis (Republican)Eric Schmitt (Republican)Ron Johnson (Republican)Marsha Blackburn (Republican)John R. Curtis (Republican)Ashley Moody (Republican)Tom Cotton (Republican)Lindsey Graham (Republican)Roger F. Wicker (Republican)John Boozman (Republican)Tim Sheehy (Republican)Ted Cruz (Republican)Tim Scott (Republican)James Lankford (Republican)James C. Justice (Republican)John Kennedy (Republican)Deb Fischer (Republican)Bill Hagerty (Republican)John Barrasso (Republican)David McCormick (Republican)Josh Hawley (Republican)John Cornyn (Republican)Jon Husted (Republican)Chuck Grassley (Republican)Bernie Moreno (Republican)Pete Ricketts (Republican)Steve Daines (Republican)John Hoeven (Republican)Ted Budd (Republican)Mike Crapo (Republican)Shelley Moore Capito (Republican)

Banking, Housing, and Urban Affairs Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
The "Fair Access to Banking Act" aims to ensure that all persons engaged in activities lawful under federal law receive fair access to financial services, preventing banks from acting as de facto regulators based on subjective political reasons or bias. It seeks to protect against financial institutions impeding lawful commerce by denying services based on factors other than quantitative, impartial risk-based standards . The bill prohibits large financial institutions, specifically those with over $10 billion in consolidated assets , from using Federal Reserve discount window lending programs if they refuse to do business with any person in compliance with the law. Similarly, these institutions, including covered credit unions and State-chartered non-member banks, would be barred from using the Automated Clearing House Network if they deny fair access. Payment card networks are also prohibited from denying access to services based on political or reputational risk considerations, with civil penalties for violations. To ensure fair access, covered banks must make financial services available on proportionally equal terms and cannot deny services unless justified by documented, impartial risk-based standards. Denials cannot be based solely on reputational risk, and banks must provide written justifications for any refusal. Importantly, the bill creates a private right of action , allowing individuals harmed by violations to sue for treble damages , reasonable attorney's fees, and costs without first exhausting administrative remedies.
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Timeline

Bill from Previous Congress

S 117-563
Fair Access to Banking Act

Bill from Previous Congress

S 118-293
Fair Access to Banking Act
Feb 4, 2025
Introduced in Senate
Feb 4, 2025
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Feb 5, 2025

Latest Companion Bill Action

HR 119-987
Introduced in House
  • Bill from Previous Congress

    S 117-563
    Fair Access to Banking Act


  • Bill from Previous Congress

    S 118-293
    Fair Access to Banking Act


  • February 4, 2025
    Introduced in Senate


  • February 4, 2025
    Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.


  • February 5, 2025

    Latest Companion Bill Action

    HR 119-987
    Introduced in House

Finance and Financial Sector

Related Bills

  • HR 119-987: Fair Access to Banking Act

Fair Access to Banking Act

USA119th CongressS-401| Senate 
| Updated: 2/4/2025
The "Fair Access to Banking Act" aims to ensure that all persons engaged in activities lawful under federal law receive fair access to financial services, preventing banks from acting as de facto regulators based on subjective political reasons or bias. It seeks to protect against financial institutions impeding lawful commerce by denying services based on factors other than quantitative, impartial risk-based standards . The bill prohibits large financial institutions, specifically those with over $10 billion in consolidated assets , from using Federal Reserve discount window lending programs if they refuse to do business with any person in compliance with the law. Similarly, these institutions, including covered credit unions and State-chartered non-member banks, would be barred from using the Automated Clearing House Network if they deny fair access. Payment card networks are also prohibited from denying access to services based on political or reputational risk considerations, with civil penalties for violations. To ensure fair access, covered banks must make financial services available on proportionally equal terms and cannot deny services unless justified by documented, impartial risk-based standards. Denials cannot be based solely on reputational risk, and banks must provide written justifications for any refusal. Importantly, the bill creates a private right of action , allowing individuals harmed by violations to sue for treble damages , reasonable attorney's fees, and costs without first exhausting administrative remedies.
View Full Text

Suggested Questions

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

Timeline

Bill from Previous Congress

S 117-563
Fair Access to Banking Act

Bill from Previous Congress

S 118-293
Fair Access to Banking Act
Feb 4, 2025
Introduced in Senate
Feb 4, 2025
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Feb 5, 2025

Latest Companion Bill Action

HR 119-987
Introduced in House
  • Bill from Previous Congress

    S 117-563
    Fair Access to Banking Act


  • Bill from Previous Congress

    S 118-293
    Fair Access to Banking Act


  • February 4, 2025
    Introduced in Senate


  • February 4, 2025
    Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.


  • February 5, 2025

    Latest Companion Bill Action

    HR 119-987
    Introduced in House
Kevin Cramer

Kevin Cramer

Republican Senator

North Dakota

Cosponsors (45)
Joni Ernst (Republican)Tommy Tuberville (Republican)Rick Scott (Republican)Bill Cassidy (Republican)Roger Marshall (Republican)Markwayne Mullin (Republican)Dan Sullivan (Republican)Mitch McConnell (Republican)Katie Boyd Britt (Republican)Thomas Tillis (Republican)Jim Banks (Republican)Cindy Hyde-Smith (Republican)Jerry Moran (Republican)James E. Risch (Republican)Cynthia M. Lummis (Republican)Eric Schmitt (Republican)Ron Johnson (Republican)Marsha Blackburn (Republican)John R. Curtis (Republican)Ashley Moody (Republican)Tom Cotton (Republican)Lindsey Graham (Republican)Roger F. Wicker (Republican)John Boozman (Republican)Tim Sheehy (Republican)Ted Cruz (Republican)Tim Scott (Republican)James Lankford (Republican)James C. Justice (Republican)John Kennedy (Republican)Deb Fischer (Republican)Bill Hagerty (Republican)John Barrasso (Republican)David McCormick (Republican)Josh Hawley (Republican)John Cornyn (Republican)Jon Husted (Republican)Chuck Grassley (Republican)Bernie Moreno (Republican)Pete Ricketts (Republican)Steve Daines (Republican)John Hoeven (Republican)Ted Budd (Republican)Mike Crapo (Republican)Shelley Moore Capito (Republican)

Banking, Housing, and Urban Affairs Committee

Finance and Financial Sector

Related Bills

  • HR 119-987: Fair Access to Banking Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted