Bank Supervision: OCC Rules Regarding the Availability of OCC Information
AI Analysis
The OCC issued a proposed rulemaking on August 3, 2026 to restructure and revise 12 CFR part 4, which governs disclosure of OCC information. The proposal matters because it would create a new protected category called confidential supervisory information (CSI), broaden limited disclosure pathways, and change FOIA processing and appeal procedures for OCC records.
Key dates
- 2026-08-03
- OCC issued Bulletin 2026-37 announcing the proposed rulemaking on availability of OCC information
- 2026-10-02 Deadline
- Comment period closes 60 days after publication, based on the OCC’s stated deadline formula in the related rulemaking notice
Suggested considerations
- Compliance teams may wish to review current controls for handling nonpublic OCC information and identify where internal policies reference the existing 12 CFR part 4 subparts B and C.
- Firms may wish to assess whether any current or planned disclosures of supervisory materials could fall within the proposed expanded exceptions for business efficiency, government accountability, or supervisory coordination.
- Banks may wish to inventory records that could qualify as aged CSI once the final rule is issued, so they can update retention and disclosure procedures accordingly.
- Legal and compliance functions may wish to monitor the final rule and any comment-driven changes to the proposed FOIA expedited-processing and fee-waiver appeal procedures.
- Institutions may wish to align employee training with the OCC’s clarified position on unauthorized disclosure and potential criminal referral exposure.
What changed
The proposal would amend the OCC’s disclosure framework in 12 CFR 4 by creating a new subcategory of nonpublic OCC information called confidential supervisory information (CSI). It would modify the prior-approval regime for supervised entities that want to disclose CSI by expanding exceptions for business efficiency, government accountability, and supervisory coordination, while adding safeguards around those exceptions. The OCC also proposes to provide for the release of certain aged CSI, which would create a time-based disclosure concept not described in the current rule. In addition, the proposal would clarify the agency’s position on referrals for criminal prosecution for unauthorized disclosure of OCC information. On the public-access side, the proposal would add expedited processin
Compliance impact
The OCC describes the rule as a significant recalibration of the balance between confidentiality and limited disclosure, so the practical impact is medium-to-high for institutions that handle supervisory information. The agency also signals continued sensitivity to unauthorized disclosure by retaining the possibility of criminal referral consequences and by tightening the framework around disclosu
Who is affected
Related regulations
References
AI-generated analysis. May contain errors or omissions — verify with the original OCC source before acting. Full disclaimer.
What the OCC said
The Office of the Comptroller of the Currency (OCC) is issuing a notice of proposed rulemaking to implement structural and substantive changes to its rules governing the disclosure of OCC information.
Published by OCC . Read the full notice at the source for the authoritative text.