ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Policy

In defense of clarity on preemption

The OCC’s new leadership is right to uphold our robust tradition of national bank preemption.

September 12, 2025
Reading Time: 4 mins read

By Hugh Carney and Dale Baker
ABA Viewpoint

With a new comptroller at the helm, the Office of the Comptroller of the Currency faces an early and critical test. The OCC must vigorously defend one of the bedrock principles of our national banking system: national banks must operate under a consistent, predictable framework rooted in federal law.

Hugh Carney is EVP for financial institutions policy and regulatory affairs at ABA. Dale Baker is VP for regulatory policy at ABA.
This is not a policy debate for some distant future. State legislatures across the country are moving forward with a range of new laws that threaten to splinter the uniform standards that have allowed the national banking charter to thrive for more than 150 years. The risk is clear. Without decisive OCC leadership, national banks could face a patchwork of conflicting rules that undermine their ability to serve customers across state lines.

When then-Acting Comptroller Rodney Hood issued his recent letter pushing back on the Conference of State Bank Supervisors’ call to roll back key preemption determinations, he did more than respond to a regulatory challenge. He set a clear example of how OCC leadership can and must defend the national charter. Now Comptroller Jonathan Gould inherits that mantle, with the opportunity to affirm and strengthen the OCC’s longstanding commitment to national bank preemption.

In May, CSBS called on the OCC to rescind preemption determinations contained in a 2011 Final Rule, arguing that it overreaches and wrongly diminishes the role of states in supervising national banks. To be sure, state banking commissioners play a critical regulatory role in our banking system, but the CSBS letter misrepresents the Dodd-Frank Act, clear OCC regulations, and relevant case law. As Hood pointed out in his letter, prior to publishing the 2011 final rule, the OCC considered the relevant statutory language, legislative history, and judicial precedent and concluded that Dodd-Frank codified the conflict preemption standard in Barnett Bank of Marion County, N.A. v. Nelson, including the antecedent cases it cited. Therefore, the preemption determinations at issue are wholly consistent with Dodd-Frank and Supreme Court precedent, and thus, they meet the requirements of EO 14219.

Hood’s letter made clear that OCC’s framework provides legal certainty not just for banks but also for regulators, courts and consumers. Repealing the rule would create confusion and instability. It would open the door to inconsistent state-by-state requirements that will undermine the national banking charter and create unnecessary barriers to serving customers across state lines.

This is not a debate about whether consumer protection is important. National banks are subject to strong federal consumer protection laws and ongoing supervision by federal regulators, and failure to adhere to those requirements carries stiff consequences in terms of penalties, fines and even harsher punishments. Allowing every state to impose additional rules on national banks would not improve consumer outcomes. Instead, it would lead to fragmentation, higher compliance costs and reduced consumer access to affordable, high-quality financial products and services.

National bank preemption is not a niche legal issue. It is a core element of the U.S. dual banking system. The dual banking system depends on the coexistence of both state and national charters, each with clearly defined boundaries. National bank preemption ensures federally chartered banks can operate across the country under uniform rules enforced by federal regulators. Without national bank preemption, the national charter becomes indistinguishable from a state license, disrupting a framework that has fostered competition and innovation for more than 150 years.

OCC’s 2011 rule remains legally sound and essential to good policy. National bank preemption is not about favoring one charter over another. It is about preserving a coherent, functional regulatory system that benefits consumers, banks, and the broader economy.

Still, red and blue states continue to move forward with new laws that impose restrictions on financial institutions, and concerns are mounting across the industry about the potential for inconsistent and intrusive state-level mandates. These developments could soon present a direct challenge to OCC’s authority and test the resilience of national bank preemption at a time when clarity is needed most.

Recognizing that state-level laws and practices can drive up nationwide costs, the administration has underscored the importance of a consistent national approach through its recent executive orders on fair access, which emphasize that banks should not be providing services based on political pressures.

Furthermore, the Department of Justice and National Economic Council just invited the public to identify state laws that adversely affect the national economy or interstate economic activity, noting that state laws can undermine “federalism by projecting the regulatory preferences of a few states into all states.” These directives recognize that only a national framework can ensure fair, predictable, and nondiscriminatory access to financial services, reinforcing the very principles at the heart of national bank preemption.

Moreover, the same principles the administration set out in its executive order on debanking apply to politically motivated state legislation. While Comptroller Gould’s OCC has stated that the regulator has already taken initial steps to depoliticize the federal banking system consistent with the president’s executive order, these directives will only be effective if they are backed by a strong defense of national bank preemption.

The new comptroller has an opportunity to build on the OCC’s tradition of upholding the uniform standards that define the national banking charter. Clear leadership in this area will give banks and customers confidence that the regulatory framework will remain consistent, predictable, and supportive of the dual banking system. By reinforcing preemption, the OCC can ensure that national banks continue to serve communities across the country under a coherent set of rules that foster competition, innovation, and access to financial services.

ABA Viewpoint is the source for analysis, commentary and perspective from the American Bankers Association on the policy issues shaping banking today and into the future. Click here to view all posts in this series.

Tags: ABA ViewpointDebankingNational bank preemptionOCC
ShareTweetPin

Related Posts

FDIC withdraws proposed rules on brokered deposits, corporate governance, executive pay

Tioga-Franklin Savings Bank in Philadelphia closed by regulators

Community Banking
August 21, 2026

Pennsylvania regulators closed Tioga-Franklin Savings Bank in Philadelphia and appointed the FDIC as receiver. Second Federal Savings and Loan Association of Philadelphia agreed to assume all deposits and purchase substantially all assets of the bank.

ABA: Proposed customer identification standards for stablecoin issuers need strengthening

ABA: Proposed customer identification standards for stablecoin issuers need strengthening

Compliance and Risk
August 21, 2026

A proposed rule to require payment stablecoin issuers to maintain customer identification programs must go further if it is to reflect those firms’ business models and ensure equal treatment for all financial institutions, ABA said.

ABA suggests splitting proposal to expand Fedwire, NSS operating hours

ABA: International payment transparency standards need more work

Compliance and Risk
August 21, 2026

A recent effort by the Financial Action Task Force to improve cross-border payment transparency is commendable, but there are additional steps the task force should take to reduce operational challenges and preserve a true risk-based approach, ABA said.

COVID-19 Scams and the Elderly: Inspiring Savvy Seniors

The voice fraud threat to banking

Compliance and Risk
August 21, 2026

How AI-generated impersonation is reshaping the risk landscape as the voice channel remains an important customer-contact method for the banking industry.

FDIC’s Hill: Standards-setting organization could spur bank-fintech partnerships

U.S. Bank executive to head FSSCC

Compliance and Risk
August 20, 2026

Ann Barron-DiCamillo, EVP and CISO at U.S. Bank, has been selected as the next chair of the Financial Services Sector Coordinating Council. She succeeds Debbie Guild, EVP and head of technology at PNC Financial Services Group, who recently...

Treasury proposes rules for eligible investments in Trump Accounts

Treasury proposes rules for eligible investments in Trump Accounts

Newsbytes
August 20, 2026

The Treasury Department released proposed regulations to limit eligible investments for Trump Accounts to choices with low expense ratios and to exclude products with “excessive fees or unnecessarily complex strategies.”

NEWSBYTES

Tioga-Franklin Savings Bank in Philadelphia closed by regulators

August 21, 2026

ABA: Proposed customer identification standards for stablecoin issuers need strengthening

August 21, 2026

ABA: International payment transparency standards need more work

August 21, 2026

SPONSORED CONTENT

Could Your Bank Absorb the Hidden Cost of Running Legacy Systems?

August 20, 2026
Why Your Systems Keep Slowing Down — and What to Do About It

The exam question a backup can’t answer

August 18, 2026
Beyond Surveillance: Rethinking Security for Modern Financial Institutions

Beyond Surveillance: Rethinking Security for Modern Financial Institutions

August 12, 2026
Relationship Banking at Scale: Why Banks Need The Digital Sales & Service Platform

Relationship Banking at Scale: Why Banks Need The Digital Sales & Service Platform

August 1, 2026

PODCASTS

Could Your Bank Absorb the Hidden Cost of Running Legacy Systems?

August 20, 2026

Podcast: Banking the brave new world of college athletics

August 4, 2026

Podcast: Tactics for meaningful strategic planning

July 28, 2026

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2026 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2026 American Bankers Association. All rights reserved.