Treasury Aims to Slash Confusing Bank Investment Regulations
Published Date: 4/27/2026
Proposed Rule
Summary
The Treasury’s Office of the Comptroller of the Currency wants to simplify some banking rules by removing outdated or confusing parts. This affects banks, especially federal savings associations and those dealing with certain loan investments. They’re asking for public feedback by May 27, 2026, aiming to cut red tape and make compliance easier without changing costs.
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Analyzed Economic Effects
4 provisions identified: 3 benefits, 0 costs, 1 mixed.
Remove Minority/Women-Owned PWI References
The OCC proposes to remove references to "minority- and women-owned" entities from the public welfare investment (PWI) examples in 12 CFR part 24. The proposal says this aligns examples with the underlying statute and that national banks and their subsidiaries would generally be allowed to continue making PWIs to the same extent as now.
Rescind CLO Lead Arranger Option
The OCC proposes to remove the lead arranger alternative compliance option in 12 CFR 43.9 for open market collateralized loan obligations (CLOs). The preamble notes the general credit risk retention rule requires securitizers to retain at least 5 percent of credit risk and that, because CLO managers are no longer subject to the current rule, the lead arranger option is now irrelevant.
Remove FSA Nondiscrimination Regulation
The OCC proposes to rescind 12 CFR part 128, the nondiscrimination requirements for Federal savings associations (FSAs). Part 128 currently prohibits FSAs from discriminatory practices in lending, applications, advertising, appraisals, underwriting, and employment; the OCC says the part largely duplicates other federal nondiscrimination laws and would reduce burden for FSAs by removing duplicative requirements.
OCC: No Significant Small-Entity Impact
Under the Regulatory Flexibility Act, the OCC states it currently supervises approximately 609 small entities and certifies the proposed rule would not have a significant economic impact on a substantial number of small entities. The OCC also cites SBA small-entity size thresholds of $850 million (commercial banks and savings institutions) and $47 million (trust companies) in this analysis.
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Key Dates
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