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Proposed guidance would require specific elements in bank policies and programs and could give added significance to FDIC’s proposed industry standard-setting organization

Executive Summary

The federal banking agencies have proposed new third-party risk management guidance that is more prescriptive than its emphasis on a “risk-based” approach might suggest. In addition to calling for risk-based oversight, the proposal identifies specific elements that banks should address in board-approved policies and throughout the life cycle of third-party relationships, including due diligence, contracting, ongoing monitoring, documentation, remediation, and termination.… Continue Reading

FinCEN and the federal banking agencies have clarified that Suspicious Activity Report (SAR) confidentiality does not prevent banks from communicating with customers about the underlying transactions or conduct that prompted concern, including explaining certain fraud-related restrictions or account closures.

The September 2 joint statement from FinCEN, the Federal Reserve, FDIC, NCUA and OCC does not change the Bank Secrecy Act or impose new supervisory requirements.… Continue Reading

First and Ninth Circuit decisions conflict with the Second Circuit, while the OCC has concluded that state escrow-interest laws are preempted

National bank preemption is headed toward another Supreme Court showdown. The Second Circuit has held that New York’s mortgage escrow-interest requirement is preempted, directly conflicting with the First Circuit’s decision upholding a comparable Rhode Island requirement and the Ninth Circuit’s decision allowing a similar California law to remain in effect.… Continue Reading

The Office of the Comptroller of the Currency (OCC) and Federal Deposit Insurance Corporation (FDIC) on August 27, 2026, finalized a rule (which was published in the Federal Register on September 1, 2026) that establishes new standards for determining when a bank has engaged in an “unsafe or unsound practice” and when examiners may issue a Matter Requiring Attention (MRA) (for the FDIC, MRAs will now replace the former MRBAs, Matters Requiring Board Attention).… Continue Reading

The battle over the scope of the Office of the Comptroller of the Currency’s authority to preempt state consumer financial laws has entered a new phase. On August 11, 2026, Oregon and nine other states with “blue” attorneys general filed a lawsuit challenging two rules adopted by the OCC that purport to preempt state laws requiring mortgage lenders to pay interest on funds held in escrow accounts.… Continue Reading

Introduction

On July 31, 2026, the Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) published a joint Notice of Proposed Rulemaking (NPRM) proposing targeted amendments to their Community Reinvestment Act (CRA) regulations. The proposal, issued under Docket ID OCC-2026-0694, RIN 1557-AF57 (OCC) and RIN 3064-AG31 (FDIC), represents a significant pivot in the agencies’ approach to CRA modernization following years of litigation and regulatory uncertainty.… Continue Reading

The Office of the Comptroller of the Currency (OCC) has issued a notice of proposed rulemaking that would substantially revise its regulations governing the disclosure of non-public OCC information, including confidential supervisory information (CSI). The proposal proposes consequential changes to the way banks, their affiliates, counterparties, regulators, and the public may obtain and use supervisory information and if adopted would provide for a framework for the protection and sharing of confidential supervisory information distinct from the Federal Deposit Insurance Corporation and the Board of Governors of the Federal Reserve System.… Continue Reading

The federal banking agencies, the Federal Reserve Board, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency, have issued a joint statement establishing a coordinated approach for the handling of highly sensitive information during bank examinations. While the statement does not impose new supervisory expectations, it represents an important acknowledgment that the examination process itself can create cybersecurity and information security risks if highly sensitive information is not handled appropriately.… Continue Reading

The U.S. Government Accountability Office (GAO) recently issued a report recommending that the federal banking agencies adopt a more rigorous and transparent process for identifying and eliminating outdated, unnecessary, or unduly burdensome banking regulations. Although the report focuses on improving the agencies’ review process rather than recommending the repeal of any specific regulations, its conclusions align closely with the Trump Administration’s broader effort to reduce regulatory burdens throughout the federal government.… Continue Reading

At the July 27, 2026 meeting of the Financial Literacy and Education Commission (FLEC), Comptroller of the Currency Jonathan Gould outlined the Office of the Comptroller of the Currency’s approach to financial literacy, emphasizing digital financial education, responsible innovation, and the important role that banks, particularly community banks, play in helping consumers navigate an increasingly complex financial system.… Continue Reading