1. Short title This Act may be cited as the Fair Access to Banking Act . 2. Findings Congress finds that— (1) article I of the Constitution of the United States guarantees the people of the United States the right to enact public policy through the free and fair election of representatives and through the actions of State legislatures and Congress; (2) banks rightly objected to the Operation Choke Point initiative through which certain government agencies pressured banks to cut off access to financial services to lawful sectors of the economy; (3) banks are now, however, increasingly employing subjective, category-based evaluations to deny certain persons access to financial services in response to pressure from advocates from across the political spectrum whose policy objectives are served when banks deny certain customers access to financial services; (4) the privatization of the discriminatory practices underlying Operation Choke Point by banks represents as great a threat to the national economy, national security, and the soundness of banking and financial markets in the United States as Operation Choke Point itself; (5) banks are supported by the United States taxpayers and enjoy significant privileges in the financial system of the United States and should not be permitted to act as de facto regulators or unelected legislators by withholding financial services to otherwise credit worthy businesses based on subjective political reasons, bias, or prejudices; (6) banks are not well-equipped to balance risks unrelated to financial exposures and the operations required to deliver financial services; (7) the United States taxpayers came to the aid for large banks during the Great Recession of 2008 because they were deemed too important to the national economy to be permitted to fail