Hearings to examine ensuring fair access to banking, focusing on policy levers and legislative solutions

Digital Assets and Bank RegulationSenate Banking, Housing, and Urban Affairs Subcommittee on Financial Institutions and Consumer Protection · December 16, 2025 · 119th Congress
The Senate Banking Subcommittee on Financial Institutions and Consumer Protection held its first hearing to examine "politically motivated" debanking and to discuss a discussion draft, the Ensuring Fair Access to Banking Act of 2025, alongside long-standing proposals like the SAFER Banking Act for cannabis businesses. Begins at ▶ 0:14:21
Transcript
Highlights

Title

Debanking, regulatory reform, and cannabis banking access

Purpose

The Senate Banking Subcommittee on Financial Institutions and Consumer Protection held its first hearing to examine "politically motivated" debanking and to discuss a discussion draft, the Ensuring Fair Access to Banking Act of 2025, alongside long-standing proposals like the SAFER Banking Act for cannabis businesses. Four witnesses testified on the regulatory levers behind account closures, the reputation-risk supervisory standard, and industry-specific banking access problems in energy and cannabis. Begins at▶ 0:14:21

Who spoke

• Chairman (Subcommittee Chair)▶ 0:14:21: Opened by describing two forms of debanking — financial-institution-initiated and regulator-initiated▶ 0:15:25, cited Operation Chokepoint under the Obama administration and a "Chokepoint 2.0" under Biden targeting digital assets▶ 0:16:15▶ 0:16:42, and outlined his discussion draft's fair-access standard, repeal of reputational risk in exams, congressional access to confidential supervisory information, a Treasury special inspector general, and modernized dollar thresholds▶ 0:17:12; later questioned witnesses on the discussion draft▶ 0:44:32 and reputational risk scenarios▶ 1:02:45.

• Ranking Member Cornyn▶ 0:19:45: Listed priorities of low-cost basic banking, independent well-staffed regulators, and the SAFER Banking Act for cannabis▶ 0:20:15, said Trump's banking executive order won't help the 25 million unbanked/underbanked Americans▶ 0:21:39, criticized cuts to the CFPB▶ 0:22:01, and cited Nevada's $829 million (as stated) in cannabis sales and $120 million in taxes▶ 0:22:51.

• Dean Lee Hill, University of Wyoming College of Law▶ 0:24:41: Defined debanking as account closures unrelated to legal violations, financial risk, or business purpose▶ 0:25:42, explained banks rely on public trust in government supervisors rather than a warranty like other businesses▶ 0:27:35, and identified reputational risk and broad management-rating discretion, combined with supervisory secrecy, as the two features enabling debanking▶ 0:29:36; later said reputation risk is troublesome mainly when it acts "all on its own" without a legal or financial-risk basis▶ 0:56:04.

• Witness (Multiple Use Advocacy representative, energy/public-lands sector)▶ 0:34:09: Described Bank of the West/BNP Paribas dropping oil, gas, and coal financing about eight years ago, forcing smaller producers to scramble for banking▶ 0:34:26, attributed pressure to activist-regulator collaboration under the Biden administration raising consumer prices▶ 0:35:22, and said some large foreign banks still have not returned to oil and gas financing▶ 0:35:52.

• Tyler Klimas, Leaf Street Strategies, former Nevada Cannabis Compliance Board executive director▶ 0:38:45: Said 40 states/territories have regulated cannabis markets projected to generate over $44 billion in 2025 revenue▶ 0:40:11, described cash-intensive operations creating public-safety risk and forcing Nevada to find "creative workarounds" for banking▶ 0:41:26, and said rescheduling cannabis to Schedule III would not resolve banks' legal risk because state markets remain federally illegal commerce▶ 0:49:01.

• Sen. Cortez Masto▶ 0:44:00: Said two-thirds of states have legal cannabis operations and argued the federal government should regulate rather than ban the industry, citing a "wild west" of packaging like candy imitations▶ 0:44:32; pressed Klimas on why cannabis banking legislation is still needed even if rescheduling occurs▶ 0:48:37 and on the cash-intensive public-safety rationale for SAFER▶ 0:51:44.

• Sen. Kramer▶ 0:53:35: Asked to submit the OCC's preliminary debanking findings for the record▶ 0:53:59, summarized his view as "bad regulation is bad, bad regulators are worse, uncertainty is even harder"▶ 0:55:08, pressed Hill on whether banks use regulators as a convenient excuse▶ 0:57:09, asked witnesses for examples of Republican-administration overreach and was pointed to reporting on Trump-administration actions against Antifa-linked accounts▶ 1:00:40, and raised Silicon Valley Bank's supervisory failures▶ 1:00:13.

• Sen. Cornyn (follow-up round)▶ 1:01:12: Asked whether reputational risk should ever be used by a regulator or institution, with Hill responding institutions—not government supervisors—are better positioned to weigh it▶ 1:01:12; pressed on whether a regulator should intervene when shareholder activism pushes a bank to debank an industry like oil and gas▶ 1:02:45, with Hill favoring a "hands off" free-market approach▶ 1:03:08▶ 1:03:56.

Key moments

• The chairman said his discussion draft would permanently repeal use of reputational risk in bank examinations, incorporating Chairman Scott's FIRM Act▶ 0:18:12.

• Cornyn cited 19 million underbanked and nearly 6 million unbanked Americans nationally, with Nevada ranked eighth in the nation for unbanked households▶ 0:20:41.

• Hill explained banks cannot signal trustworthiness like manufacturers offering warranties, and rely instead on public trust in government insurance and supervision — trust that erodes if supervisors appear politically polarized▶ 0:27:35.

• The energy-sector witness said activists worked "hand in glove" with Biden-era regulators to debank and decapitalize the oil and gas industry, ultimately raising consumer prices, and that she responded to eight separate regulatory comment periods trying to keep up▶ 0:35:22▶ 0:36:47.

• Klimas said cannabis's cash-intensive nature, combined with lack of bank oversight, creates opportunity for "bad actors to exploit" the lack of financial transparency even though states track ownership and sales closely▶ 0:41:55.

• Hill testified that when reputation risk is invoked alongside an actual legal violation (e.g., money laundering), it adds nothing; it becomes troublesome only when used on its own to punish disfavored activity absent legal or financial risk▶ 0:56:04.

• Sen. Kramer noted a Fair Access to Banking bill sets its asset threshold at $10 billion versus the chairman's $100 billion, and asked whether an enforcement/penalty mechanism should back a fair-access rule▶ 1:04:23.

• Hill said she is unaware of a strong empirical basis showing debanking harms outweigh bank discretion concerns, but flagged that a written citation in her testimony pointed to a news article alleging the Trump administration is applying similar debanking pressure against Antifa-linked accounts▶ 1:00:40.

• Cornyn and Hill debated whether prohibiting debanking implies a mandate to bank customers; Hill said banks should not be forced to serve accounts that are unprofitable to compliance-burden, such as marijuana businesses, even as a debanking prohibition is enacted▶ 1:06:50.

• Sen. Kramer noted states like Texas, West Virginia, and Oklahoma pushed back on debanking of coal, oil, and natural gas by threatening to withhold state business from participating banks▶ 1:06:16.

Metadata

CommitteeSenate Banking, Housing, and Urban Affairs Subcommittee on Financial Institutions and Consumer Protection
Chamber / CongressSenate · 119th Congress
DateDecember 16, 2025
TypeMeeting
Witnesses
(none listed in event metadata)
Videosenate-isvp
Transcript129 caption blocks · 8,115 words · 1:11:23 runtime
EventCongress.gov 337765