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The statute not only grants rulemaking authority to the Board of Governors but also provides specific instructions regarding the types of prudential standards to be established (e.g., risk-based capital requirements, liquidity requirements, resolution plan requirements, concentration limits). Further, the statute contains the open-ended terms “appropriate,” “reasonable,” or “necessary.”

The statute explicitly directs (mandates) the Board of Governors to establish prudential standards for specific types of financial companies. This establishes a direct mandate relationship.

While it grants discretion using “may,” the statute provides a relatively detailed description of the reports and examinations the Board of Governors can require, as well as the scope of the information sought. This provides boundaries and direction, fulfilling the criteria for Specific Authority Delegation. Subsection (a)(4), regarding data standards, is even more specific, directing the Board to adopt data standards and ensure compatibility with Section 5334.

12 U.S. Code § 5361 directly mandates the Board of Governors to require reports and conduct examinations of nonbank financial companies. This falls under directly mandated, as it outlines the specific actions the Board may take. The use of the term “may” here is permissive, but the action itself, if pursued, is directed by the statute.

The statute specifically instructs the Board of Governors to adopt data standards for the information it regularly collects from nonbank financial companies and their subsidiaries. Additionally, 12 U.S.C. § 5361 (a)(1)(A) is fairly specific in what information the Board of Governors may request: “the financial condition of the company or subsidiary, systems of the company or subsidiary for monitoring and controlling financial, operating, and other risks, and the extent to which the activities and operations of the company or subsidiary pose a threat to the financial stability of the United States.”

12 U.S.C. § 5361 explicitly authorizes the Board of Governors to require reports and conduct examinations of nonbank financial companies. The statute uses “may,” indicating authorization but not a mandate to create regulations. While the statute dictates what information can be requested and who is subject to the reporting requirements, the statute does not directly mandate the creation of any specific regulation, but authorizes the Board to create such rules to implement the reporting and examination requirements.

12 U.S.C. § 5362 directs the Board of Governors to enforce specific regulations and orders on nonbank financial companies and their subsidiaries, mirroring the enforcement authority over bank holding companies. It also outlines a specific process involving referrals to primary financial regulatory agencies and backup enforcement authority for the Board. Therefore it is a Specific Authority Delegation.

12 U.S.C. § 5362(a) directly mandates that nonbank financial companies supervised by the Board of Governors and their subsidiaries (excluding depository institution subsidiaries) are subject to subsections (b) through (n) of section 1818 of title 12, mirroring the regulations for bank holding companies. 12 U.S.C. § 5362(b) also grants the Board of Governors specific enforcement authority over functionally regulated subsidiaries, including the power to recommend supervisory action and, as a backup, to take action itself if the primary regulatory agency fails to do so acceptably. 12 CFR Part 252 implements the enforcement provisions described in 12 U.S.C. § 5362.

The statute instructs the agency (Board of Governors) on a specific regulatory task: establishing prudential standards for certain financial institutions. While the statute does grant discretion regarding the specific content and stringency of those standards, and uses terms like “appropriate,” it is still directing the agency to fill a specific regulatory gap related to the financial stability of the United States by establishing enhanced prudential standards including risk-based capital requirements, liquidity requirements, overall risk management requirements, resolution plan requirements, and concentration limits.

The statute 12 U.S. Code § 5365 directly mandates the Board of Governors to establish prudential standards for nonbank financial companies and certain bank holding companies. The regulation 12 CFR Part 217 implements those standards and capital adequacy rules. The ‘Authority’ section of 12 CFR Part 217 explicitly includes 12 U.S.C. § 5365, confirming the direct mandate.

The statute outlines specific tasks for the Board of Governors, including establishing risk-based capital requirements, liquidity requirements, overall risk management requirements, resolution plan requirements, and concentration limits. While some discretion is afforded through the use of terms like “appropriate” and “necessary,” the statute offers concrete instructions for regulation.

The statute directly mandates the Board of Governors to establish prudential standards for specific types of financial institutions. This falls under directly mandated.

The statute instructs the Council on a specific regulatory task: determining whether a nonbank financial company should be supervised by the Board of Governors. It also provides specific considerations that the Council must take into account when making this determination. While terms like “appropriate” are used, the overall structure is focused on a specific regulatory objective.

The statute authorizes the Financial Stability Oversight Council (FSOC) to require supervision and regulation of certain nonbank financial companies by the Board of Governors, but it does not mandate that FSOC must do so. The statute provides a framework and criteria for making such determinations, indicating authorization but not a direct mandate.

While the statute uses terms like “necessary,” it clearly delineates the specific regulatory tasks concerning data collection, standardization, and assisting member agencies in data management. This is not a broad, open-ended delegation; rather, it directs the agency toward specific subject matter using qualifying language which makes it a “specific authority delegation” under Hickman’s framework.

The statute, 12 U.S.C. § 5343, specifically authorizes the Office to issue rules and regulations to carry out certain duties, particularly concerning data collection and standardization. While the statute doesn’t mandate specific regulations on every aspect of data collection, it authorizes rulemaking to the extent “necessary” to achieve the enumerated purposes. The regulation, 12 CFR Part 1610, is related to regulatory data collections, thus implementing the statute’s authorization.

12 U.S.C. § 5344(b)(1)(C) provides a specific instruction to promulgate regulations concerning the type and scope of data collection. While open-ended phrases such as type and scope are used, the legislative instruction is very specific.

12 U.S.C. § 5344(b)(1)(C) explicitly mandates rulemaking: “The Office shall promulgate regulations pursuant to subsections (a)(1), (a)(2), (a)(7), and (c)(1) of section 5343 of this title regarding the type and scope of the data to be collected by the Data Center under this paragraph.” 12 CFR Part 1610 is authorized by both 12 U.S.C. 5343 and 5344.

The statute clearly instructs the agency (the Secretary) to establish, by regulation, an assessment schedule including the assessment base and rates applicable to specific entities (bank holding companies and certain nonbank financial companies). It even specifies certain criteria (prudential standards under section 5325) to be considered. Thus, it meets the definition of specific authority delegation.

Subsection (d) of 12 U.S.C. § 5345 directly mandates the Secretary to establish, by regulation, an assessment schedule. The regulation is explicitly required by the statute.

While 12 U.S. Code § 5345 does not delegate rulemaking authority, subsection (d) explicitly directs the Secretary to establish, by regulation, an assessment schedule for certain financial institutions. This is a clearly defined regulatory task. The statute specifies the scope of the regulation (assessment schedule), the entities it applies to (large bank holding companies and nonbank financial companies), and the purpose (collecting assessments to cover the Office’s expenses). The inclusion of “including the assessment base and rates,” directs the agency on what elements to include in the rule.

12 U.S. Code § 5345 pertains to the funding of the Financial Research Fund, primarily focusing on establishing the fund, outlining its receipts, authorizing investments, and specifying how the funds can be used. 31 CFR Part 50, on the other hand, implements the Terrorism Risk Insurance Program, which addresses the availability and conditions of terrorism risk insurance. These two topics are unrelated, and there is no indication that the statute either mandates or authorizes the regulation.

While the statute establishes the FSOC, sets its membership, and outlines its structure, it doesn’t provide specific instructions on how to designate Financial Market Utilities. Further sections of Dodd-Frank might give the Council this power, but reading 5321 alone, Hickman’s categorization would suggest that this is a General Authority delegation.

12 U.S.C. § 5321 establishes the Financial Stability Oversight Council, but doesn’t specifically mandate regulations designating Financial Market Utilities. However, the CFR citation states that 12 U.S.C. 5321 is an authority for the regulation. This implies authorization, but no direct mandate to issue the regulations.

The statute establishes the Financial Stability Oversight Council. Section (e)(2) allows the council to “adopt such rules as may be necessary for the conduct of the business of the Council”. This language provides a general grant of rulemaking authority to facilitate the council’s operation, rather than directing the agency to regulate a specific gap or perform a clearly defined regulatory task.

12 U.S.C. § 5321 establishes the Financial Stability Oversight Council. While the statute directly mandates the establishment of the Council, and specifies its membership and structure, it authorizes the Council to “adopt such rules as may be necessary for the conduct of the business of the Council.” This authority is related to agency organization, procedure and practice for purposes of 5 U.S.C. § 553 but is not directly mandated. The regulation (12 CFR Part 4) concerns the organization and functions of the OCC, information availability, contracting, and post-employment restrictions. While the statute directly establishes the Financial Stability Oversight Council, which includes the Comptroller of the Currency (who heads the OCC), the statute does not mandate the specific content of the rules laid out in 12 CFR Part 4. The statute’s presence in the authority section of the CFR indicates authorization.

While 12 U.S.C. 5322 outlines broad duties for the Council, subsection (d)(5)(C) explicitly references and incorporates 5 U.S.C. 552 (the Freedom of Information Act). This direct reference, combined with the necessary implementation of FOIA for the Council’s records, falls under the “Specific Authority Delegations” category. It instructs the agency on a specific regulatory task stemming from the requirements outlined under FOIA. Even though the statute doesn’t explicitly mandate the specific rules found in 12 CFR Part 1301, the underlying FOIA obligation is explicitly mentioned, requiring the agency to act in accordance.

The regulation at 12 CFR Part 1301 explicitly cites 12 U.S.C. 5322 as its authority, indicating a direct mandate. This regulation implements the Freedom of Information Act (FOIA) requirements which apply to the Financial Stability Oversight Council (FSOC) established by the statute.

The statute provides detailed instructions and objectives for the FSOC, including specific tasks like identifying risks, promoting market discipline, and responding to threats. It outlines the process for determining whether nonbank financial companies should be supervised, which qualifies as specific authority delegation, even though terms like “appropriate” and “necessary” are included.

12 U.S.C. § 5322 explicitly authorizes and directs the Financial Stability Oversight Council (FSOC) to identify risks to financial stability, monitor the financial services marketplace, and require supervision by the Board of Governors for nonbank financial companies under certain conditions. 12 CFR Part 1310 implements the Council’s authority to require supervision and regulation of certain nonbank financial companies, as provided in the statute. Therefore, the relationship is directly mandated.

While the statute provides broad powers to the Council, it also specifically instructs the Council to “identify systemically important financial market utilities and payment, clearing, and settlement activities,” which directly corresponds to the subject matter of the regulation.

The statute authorizes the Council to perform a list of duties, but does not mandate all of them. The duties that the Council “shall” perform are still authorized by the statute, and not directly mandated.

While section 5116 itself focuses on a study and report, the broader range of sections cited as authority (5101-5116) combined with the purpose and scope described in the regulation indicates a more specific authority delegation. The regulation addresses the registration of residential mortgage loan originators, which is a specific regulatory task tied to the overall goals of the S.A.F.E. Act, going beyond simply conducting studies and reports.

The regulation, 12 CFR Part 1007, explicitly cites 12 U.S.C. 5101-5116 as its authority. While 12 U.S.C. 5116 specifically mandates a study and report, the broader range cited (5101-5116) suggests that the agency is authorized to create regulations related to the S.A.F.E. Mortgage Licensing Act, but not directly mandated to create the specific regulations in Part 1007 by section 5116 alone. The agency has interpreted its authority to include the type of regulation defined in 12 CFR Part 1007.

While 12 U.S.C. § 5116 is cited as an authority for the regulation, the statute itself does not specify what regulatory actions the agency should take based on the findings of its study. It requests “recommendations for best practices and for a process to provide targeted assistance,” which offers some direction, but this is still broad and doesn’t specify regulatory tasks. Since the statute mainly requires a study and report to Congress, and does not directly instruct the agency to regulate in a particular way based on the results, this constitutes a general delegation of authority, particularly when considered in context of the broad regulatory scope of the referenced regulation.

12 U.S.C. § 5116 is listed as an authority for 12 CFR Part 1008. This indicates that the statute authorizes the regulation, but it does not explicitly mandate the specific regulations that were created within Part 1008. The regulation broadly addresses the S.A.F.E. Mortgage Licensing Act, and while the study results in the statute could inform regulations, the statute itself simply requires a report to Congress rather than directly mandating any particular regulatory action.

The statute provides clear instructions on specific regulatory tasks related to executive compensation and corporate governance standards for TARP recipients, including setting limits on compensation, recovery of bonuses, and prohibitions on golden parachute payments. It also includes the phrase “such other terms and conditions as the Secretary may determine is in the public interest.”.

12 U.S. Code § 5221(h) states “The Secretary shall promulgate regulations to implement this section.”. This is a direct mandate.

The statute, specifically subsection (b) of 12 U.S.C. § 5311, provides a very specific regulatory task: to establish requirements for determining if a company is “predominantly engaged in financial activities” as defined within the same statute.

Subsection (b) of 12 U.S.C. § 5311 explicitly mandates that “The Board of Governors shall establish, by regulation, the requirements for determining if a company is predominantly engaged in financial activities, as defined in subsection (a)(6).” The regulation, 12 CFR Part 242, implements this mandate.

While 12 U.S.C. 5321 establishes the FSOC, the regulation it authorized, 12 CFR Part 1310, deals with the “Authority to Require Supervision and Regulation of Certain Nonbank Financial Companies,” pointing to 12 U.S.C. 5322 and 5323. These sections, outside of the provided text, provide more specific guidance regarding regulation. The specific authority for the regulation appears in 12 U.S.C. 5322, 5323, not 5321. Because the statute provided does not directly relate to the substance of the regulation, it is a general authority delegation.

The statute establishes the FSOC but does not directly mandate specific regulations regarding the supervision of non-bank financial companies. However, the statute authorizes FSOC to engage in activities related to financial stability, which could include regulating non-bank financial companies. The CFR explicitly lists 12 U.S.C. 5321 as authority for 12 CFR Part 1310.

The statute specifically grants the Director the authority to assess money penalties up to $25,000 for violations. This is not a general grant of rulemaking power, but a specific instruction on a regulatory task.

12 U.S.C. § 5113(d)(2) is explicitly cited in 12 CFR Part 1083 as the authority for adjusting civil penalty amounts. The statute authorizes the Director to impose civil penalties, and the regulation adjusts those penalties for inflation, which is authorized but not mandated by the statute.

While the statute doesn’t provide excruciating detail, it does instruct the state licensing agency on a specific regulatory task: investigating and examining loan originators for violations of the chapter under which the statute falls (S.A.F.E. Act). It outlines the purpose of the investigation (arising under this chapter, or for purposes of examination) and who is to be examined (loan originators licensed or required to be licensed under this chapter). This indicates specific instructions, even if using the open-ended “necessary.” Furthermore, the statute specifies what those who are investigated must provide (access to books and records). This all lends itself to being a specific authority delegation.

The statute (12 U.S.C. § 5114) authorizes state licensing agencies to conduct investigations and examinations of loan originators. While the statute provides the authority for these actions, it doesn’t mandate specific regulations or a precise framework for how these investigations must occur. The agency has discretion in implementing the statute’s provisions.

12 U.S.C. 5101-5116 provides authority to the Bureau, and 5114 speaks to state examinations specifically as it pertains to this chapter. This can be considered a specific authority delegation because it focuses on a particular type of activity (investigations and examinations by state licensing agencies) related to loan originators, and the authority granted relates to carrying out the purpose of the chapter.

The statute, 12 U.S.C. § 5114, authorizes state licensing agencies to conduct investigations and examinations of loan originators. The regulation, 12 CFR Part 1008, implements the S.A.F.E. Mortgage Licensing Act, which includes provisions relating to state compliance and the Bureau’s registration system for loan originators. While the statute doesn’t mandate the regulation, it authorizes it by providing a framework for state oversight of loan originators, which the regulation then elaborates on.

Although 12 U.S.C. 5115 is part of the statutory scheme authorizing 12 CFR 1007, this statute itself doesn’t specifically instruct the agency to create regulations. Rather, it directs the Director to report to Congress. The broader S.A.F.E. Act (12 U.S.C. 5101-5116 cited in the authority section) provides the basis for regulatory actions. Therefore, it’s a general authority delegation.

12 U.S.C. § 5115 mandates the Director to submit reports and recommendations to Congress. While the regulation, 12 CFR Part 1007, deals with the S.A.F.E. Mortgage Licensing Act, including registration of loan originators, Section 5115 doesn’t directly mandate or explicitly authorize the specific content of this regulation. The chapter as a whole which the regulation is authorized by does relate to the issues discussed in 5115, but is a more indirect connection.