- Senator Tim Scott plans to introduce legislation on March 6 to end regulatory oversight of “reputational risk” assessments by banks, aiming to stop the practice of debanking.
- The legislation has gained support from Republican lawmakers, banking industry groups including the Bank Policy Institute, and financial giants like JPMorgan Chase.
- Crypto industry representatives have alleged targeted debanking of legitimate crypto companies in the US, with debate continuing about whether “Operation Chokepoint 2.0” was a real government initiative.
Banking Committee Chair Tim Scott is set to introduce legislation aimed at preventing financial institutions from denying services to clients based on “reputational risk” assessments. The bill, scheduled for introduction on March 6, seeks to end the controversial practice of “debanking” that has allegedly affected various industries, including cryptocurrency businesses, according to The Wall Street Journal.
“Debanking” occurs when financial institutions refuse to serve clients they deem to present potential reputation risks. The Federal Reserve defines reputational risk as “the potential that negative publicity regarding an institution’s business practices, whether true or not, will cause a decline in the customer base, costly litigation, or revenue reductions.”
The legislation has garnered support from at least 11 Republican lawmakers as co-sponsors. Various banking industry organizations plan to endorse the bill, including the Bank Policy Institute, which labels itself a nonpartisan group representing leading U.S. banks. The nation’s largest bank, JPMorgan Chase, has also expressed support for the initiative.
Industries reportedly affected by debanking practices over the past two decades include firearms manufacturers, federal prison contractors, cannabis businesses, and cryptocurrency companies. The issue has become particularly contentious in the crypto sector during the past four years, with advocates claiming legitimate businesses faced systematic denial of banking services.
A similar legislative effort was announced in February 2025 by Senators Kevin Cramer and John Kennedy, focused on protecting fair access to financial services. The issue has created unusual alliances, with the progressive American Civil Liberties Union advocating against debanking practices.
The cryptocurrency industry’s concerns intensified in November 2024 when Marc Andreessen, co-founder of Andreessen Horowitz, claimed that more than 30 technology and crypto founders had been denied banking services in the United States. This fueled debate about an alleged “Operation Chokepoint 2.0” supposedly implemented by the Biden administration to restrict crypto companies’ access to banking.
Congressional hearings on the issue in February 2025 revealed cross-party tensions, though there appeared to be bipartisan agreement that debanking practices should be eliminated. However, opinions remain divided on whether “Operation Chokepoint 2.0” represented a coordinated government effort or was simply “rhetorical red meat for the GOP base.”
Even Senator Elizabeth Warren, who did not specifically reference digital asset firms during a February 5 congressional hearing, stated: “If banks are adopting policies that routinely debank people based on their beliefs or other illegitimate reasons — that’s wrong, it needs to be stopped.”
At ETHDenver on February 28, Custodia Bank’s Caitlin Long expressed skepticism about improved conditions, saying: “[The] perception is that there has been a loosening; none of the federal banking agencies have actually overturned any of the anti-crypto guidance.”
The proposed legislation represents a significant potential shift in how financial institutions assess client relationships and could have far-reaching implications for industries that have struggled with banking access, particularly the cryptocurrency sector.
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