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The statute provides specific regulatory tasks concerning the licensing and registration of loan originators and defines specific categories of individuals (loan processors, underwriters, independent contractors) who are subject to the licensing requirements. While the language allows for some interpretation, it is still directing the agency to act on a defined area of regulation, rather than providing broad rulemaking power.

12 U.S.C. 5103 directly mandates a licensing or registration regime for loan originators, making the relationship directly mandated.

Subsection (i) of the statute, “Regulations,” specifically instructs the Comptroller of the Currency and the Board to “prescribe regulations establishing such procedures as may be necessary to carry out this section.” While the language contains some flexibility (“as may be necessary”), it directs the agency to act on a very specific task: create procedural regulations related to the civil money penalties outlined in the statute.

12 U.S.C. § 504(a) explicitly states that civil penalties apply to violations of regulations issued pursuant to the listed statutes, and subsection (i) explicitly instructs the Comptroller and the Board to prescribe regulations to carry out the section. This indicates a direct mandate to create regulations connected to this statute.

While the instruction to “prescribe regulations establishing such procedures as may be necessary to carry out this section” is somewhat open-ended, the statute clearly instructs the agencies on the specific task of creating regulations to facilitate the execution of 12 U.S.C. § 504, indicating a Specific Authority delegation.

12 U.S.C. § 504(i) directly mandates that “The Comptroller of the Currency and the Board shall prescribe regulations establishing such procedures as may be necessary to carry out this section.” This creates a direct mandate.

While the language “such procedures as may be necessary to carry out this section” is open-ended, it directs the Board to a specific task: creating procedures to implement the civil money penalty provisions detailed within the statute. This aligns with Hickman’s definition of a Specific Authority Delegation because it tasks the agency with a specific regulatory goal, even while using flexible language.

Paragraph (9) of 12 U.S.C. § 505 explicitly states “The Board shall prescribe regulations establishing such procedures as may be necessary to carry out this section,” which directly mandates rulemaking.

The statute explicitly instructs the Board to prescribe regulations necessary to carry out the section. This language directs the agency to address the specific regulatory task of implementing the penalty scheme laid out in the statute. The phrase “as may be necessary” provides some discretion, but that discretion is focused on how to implement, not whether to regulate, and is cabined by reference to “this section.”

12 U.S.C. § 505(1) explicitly states that any member bank that “violates any provision of this section, or any regulation issued pursuant thereto, shall forfeit and pay a civil penalty”¦” This demonstrates a direct mandate for regulations to be issued to enforce the statute. Further, 12 U.S.C. § 505(9) states “The Board shall prescribe regulations establishing such procedures as may be necessary to carry out this section.”

The statute provides a list of specific objectives for the Nationwide Mortgage Licensing System and Registry, which agencies can use as guidance. For example, it states that the registry should provide uniform license applications, a comprehensive licensing database, and increase accountability of loan originators. These provide clear regulatory tasks even if using open-ended terms, thus aligning with the “Specific Authority” delegation category.

The statute “encourages” states to establish the Nationwide Mortgage Licensing System and Registry. This implies authorization but not a direct mandate. The statute doesn’t require states to establish the registry but suggests they do so for certain purposes.

While the statute directs the Board to issue regulations, it does not specify the exact regulatory tasks or gaps to be addressed. The language “necessary to implement, prevent circumvention or evasion of, or facilitate compliance” provides the Board with broad discretion to determine the scope and content of the regulations. This aligns with a general authority delegation.

The statute explicitly states that “The Board may prescribe such regulations as the Board determines to be necessary to implement, prevent circumvention or evasion of, or facilitate compliance with the provisions of this chapter.” This is a direct mandate to create regulations to achieve the purposes of the statute.

While § 5015 focuses on a study and report, and doesn’t explicitly instruct the Board to create regulations, the subject matter of the study (funds availability, check clearance, etc.) directly relates to the existing regulatory framework surrounding check collection and funds transfers. The study could inform future refinements or adjustments to existing regulations.

12 U.S.C. § 5015 does not directly mandate any specific regulations, but it authorizes the Board to conduct a study and report to Congress, including recommendations for legislative action. This report may inform future regulations, but the statute itself does not require any immediate regulatory action. The authority section of the regulation (12 CFR Part 210) lists 12 U.S.C. 5001-5018 as authority for this regulation.

The statute directs the Board to include specific information (operating costs and imputed revenues from check transportation) in its annual report. This constitutes a clearly defined regulatory task, fulfilling the criteria for a Specific Authority delegation.

While 12 U.S.C. § 5016 concerns the reporting of costs and revenues related to check transportation, and 12 CFR Part 210 governs the collection of checks by Federal Reserve Banks, the statute doesn’t directly mandate the regulation. It’s related because both concern the Federal Reserve’s role in check processing, but the statute’s focus on reporting is distinct from the regulation’s scope of check collection procedures and funds transfers, and the statute doesn’t explicitly authorize the specific regulations outlined in Part 210. However 5001-5018 are listed as Authoritative for the Regulation. The specific section falls in this series and therefor is related.

Although 12 U.S.C. § 5017 directs the Comptroller General (not an agency covered by Hickman”™s framework) to conduct a study and submit a report to Congress, subsection (b) allows the Comptroller General to make recommendations for administrative action. Assuming this would lead to a federal agency taking administrative action, it would be classified as a Specific Authority delegation because it identifies a particular regulatory area or gap, even if indirectly. The statute identifies specific items for evaluation (economic efficiency, consumer benefits/costs/acceptance) providing instructions.

The statute, 12 U.S.C. § 5017, mandates a study and report by the Comptroller General regarding the implementation of chapter 12 U.S.C. 5001-5018, which concerns check truncation. While the regulation, 12 CFR Part 210, is generally authorized by 12 U.S.C. 5001-5018, § 5017 itself doesn’t directly mandate any specific regulation. However, the findings of the Comptroller General’s report, including any recommendations for administrative action, could influence future regulations or adjustments to existing regulations under 12 CFR Part 210. Thus, the relationship is authorized but not directly mandated.

The statute directs the Secretary of Treasury to transition from compensating balances to direct payments and outlines specific requirements for this transition, including reporting requirements and steps to prevent financial disruption. This constitutes a specific regulatory task assigned to the agency.

12 U.S.C. § 5018 is listed as an authority for 12 CFR Part 210. The statute authorizes appropriations to the Secretary of the Treasury to reimburse financial institutions, which is related to the subject matter of 12 CFR Part 210 concerning the collection of checks and fund transfers. While the statute authorizes the action, it doesn’t mandate specific regulations, making it authorized but not mandated.

While the statute itself (12 U.S.C. § 5009) directly lays out the measure of damages, 12 U.S.C. 5001-5018 (referenced as the authority for the regulation) relates to substitute checks. The regulations under Part 210 Subpart A, “Collection of Checks and Other Items By Federal Reserve Banks” clearly falls under the umbrella of specific authority delegation.

12 U.S.C. § 5009(a)(1) explicitly refers to “any requirement imposed by, or regulation prescribed pursuant to, this chapter…” indicating that regulations are directly mandated to implement the provisions of the statute.

While not directly addressing or mentioning regulations for statute of limitations, the statute is enabling authorities for collection of checks and other items. It gives authority over claims processing as well as authority for operation of Federal Reserve Banks, funds transfers, and funds recredits. These specific directives and related powers would have some regulatory requirements. This means it is specific authority, even if not directly saying you have to create the regulation.

12 U.S.C. § 5010 is part of a broader statutory scheme (Pub. L. 108-100) that includes sections cited as authority for 12 CFR Part 210 (specifically, 12 U.S.C. 5001-5018). Therefore, the regulation is authorized by the statute, but the statute does not explicitly mandate specific regulations addressing the statute of limitations and notice of claim.

The statute provides specific instructions to the Board, namely to publish model forms and clauses related to consumer awareness regarding substitute checks. While “model forms and clauses” leaves some room for interpretation, the regulatory task is specifically identified.

12 U.S.C. § 5011(c)(1) explicitly directs the Board (presumably the Federal Reserve Board, though not explicitly stated in this section alone, it is clear from the context of the overall Act) to publish model forms and clauses for the consumer awareness notice required by the statute. This is a direct mandate for a specific regulatory task. Additionally, the authority section of 12 CFR Part 210 lists 12 U.S.C. 5001-5018, which covers the statute in question.

The statute addresses the effect of an entire chapter of law, not a specific regulatory task. While 12 U.S.C. 5001-5018 is listed as authority, 12 U.S.C. 5012 is a preemption clause within this chapter, it itself does not delegate authority. Instead, the underlying chapter likely contains sections delegating authority to agencies, which this section makes supreme to potentially conflicting laws.

The statute (12 U.S. Code § 5012) states that Chapter 12 shall supersede any inconsistent federal or state law. While 12 CFR Part 210 regulates aspects of funds transfers and check collection, which could potentially intersect with state laws like the UCC, the statute does not explicitly mandate or authorize any specific regulations. It merely establishes a principle of preemption.

The regulation cites 12 U.S.C. 5001-5018 as authority, which broadly encompasses the Check 21 Act. This act, in general, aims to improve the efficiency of the check clearing system. While the specific sections of Part 210 (e.g., rules for check collection, Fedwire, FedNow) are not explicitly outlined by the statute, the agency relies on the act’s general grant of authority to regulate in this area. This indicates a broad mandate to create regulations that facilitate faster and more efficient check clearing and funds transfers, rather than a direct instruction to address a specific regulatory gap. Other cited statutes, such as 12 U.S.C. 248, provide broad authority to the Federal Reserve System.

While 12 U.S.C. § 5013 is related to the general subject matter of the regulation (bank operations and funds transfers), it does not directly mandate or explicitly authorize the specific regulations in 12 CFR Part 210. Section 5013 concerns the variation of certain provisions by agreement, while Part 210 establishes rules for check collection and funds transfers. The statute lists 5001-5018 as authority but does not specify which section corresponds to each part of the regulation. Therefore, the link is related but indirect.

The statute directly addresses a specific problem related to substitute checks, namely warranties. While the statute itself defines the warranties “as a matter of law,” the agency may require to clarify or supplement the law with details that promote the statute’s goals. Therefore, the statute instructs the agency on a specific area even while using potentially open ended terms like “legal equivalence.”

12 U.S.C. § 5004 concerns substitute check warranties and falls under the Check 21 Act, codified in 12 U.S.C. §§ 5001-5018. The “Authority” section for 12 CFR Part 210 explicitly cites 12 U.S.C. 5001-5018 as granting authority for the regulation. Thus, the statute authorizes the regulation, but it does not directly mandate a specific regulation concerning the warranties provided in 12 U.S.C. § 5004. The agency has discretion on how to implement and elaborate on the statutory provisions.

12 U.S.C. 5001-5018 is listed explicitly in the “Authority” section of 12 CFR Part 210. While the statute doesn’t prescribe the exact content of the regulation, it does establish the framework for dealing with substitute checks and indemnity, providing a specific regulatory task.

12 U.S.C. § 5005 relates to indemnity for losses incurred due to substitute checks. 12 CFR Part 210 covers the collection of checks and other items by Federal Reserve Banks, including substitute checks. The statute authorizes regulations concerning check collection but does not mandate specific regulations regarding indemnity.

The statute provides specific instructions regarding expedited recredits for consumers related to substitute checks, including timelines, conditions, and notice requirements. This falls under the “Specific Authority Delegations” category as it clearly instructs the agency (in this case, implicitly, as it directly regulates banks) on a specific regulatory task.

12 U.S.C. § 5006 is cited in the authority section of 12 CFR Part 210. Therefore, the regulation is authorized by the statute, but the statute does not directly mandate the regulation’s creation.

While the statute provides detailed procedures for expedited recredits, it also leaves room for agency interpretation and implementation. The statute doesn’t spell out every contingency or detail for banks to handle. The agency can clarify specific aspects of the process, such as what constitutes “information sufficient” to identify a substitute check, or reasonable steps to ensure copies are not misused.

12 U.S.C. § 5007 is part of the Check 21 Act. 12 CFR Part 210’s authority includes 12 U.S.C. 5001-5018, which covers the Check 21 Act. The statute authorizes regulations, as it falls within the scope of the Act covered by the regulation’s authority. However, the statute itself details the procedures, it does not explicitly mandate regulations for its implementation, although regulations can help clarify or expand upon the statutory requirements.

12 U.S.C. § 5008 provides an excusal for delays beyond the time limits prescribed or permitted by the statute itself or its associated regulations. As the statute references “time limits prescribed or permitted by this chapter”, this implies delegation of authority to an agency to prescribe those time limits. While these authorities would also exist from other statutes such as 12 U.S.C. 248(i), (j), and 248-1, 342, 360, 464, 4001-4010, and 5001-5018 which are listed as the regulatory authority in 12 CFR Part 210, 12 U.S.C. § 5008 itself provides a form of delegation by implying the existence of regulations that can set time limits.

The statute, 12 U.S.C. § 5008, directly references time limits “prescribed or permitted by this chapter.” This language suggests that the statute acknowledges pre-existing or future regulations which could prescribe permissible delays. While it doesn’t mandate specific regulations, it authorizes agencies to set those time limits and provides an excusal for delays under certain circumstances.

The statute specifically authorizes the Board of Governors and the Comptroller of the Currency to waive reporting requirements regarding affiliates of member banks. While the statute does grant discretion based on a “judgment” standard, it is targeted to a specific regulatory task (waiving reporting) and provides a specific gap to fill when reports are deemed unnecessary to disclose relations between affiliate and bank.

The statute authorizes the Board of Governors of the Federal Reserve System or the Comptroller of the Currency to waive certain reporting or examination requirements but does not mandate any specific regulation or action. The regulation cites 12 U.S.C. 486 as an authority, indicating it is authorized.

The statute clearly instructs the Board of Governors of the Federal Reserve System and the Comptroller of the Currency on a specific regulatory task: waiving reporting or examination requirements for affiliates of member banks under certain conditions. It provides the condition (“if in the judgment of the said Board or Comptroller, respectively, such report or examination is not necessary to disclose fully the relations between such affiliate and such bank and the effect thereof upon the affairs of such bank.”) under which the waiver is permissible.

12 U.S.C. § 486 is listed in the authority section of 12 CFR Part 252. The statute directly mandates that the Board of Governors of the Federal Reserve System or the Comptroller of the Currency may waive certain reporting or examination requirements of bank affiliates.

Although the statute provides some guidance on the goals (facilitating check truncation, fostering innovation, and improving efficiency), it broadly delegates authority to the Board of Governors to regulate aspects of the payment system and, it doesn’t outline specific regulatory tasks or gaps to be addressed. The statute itself states that the Board was previously provided “full authority to regulate all aspects of the payment system, including the receipt, payment, collection, and clearing of checks.” This language reflects a general delegation of power.

12 U.S.C. § 5001 identifies the purposes of Chapter 50, including facilitating check truncation. While it authorizes the use of substitute checks and aims to improve the payment system, it does not mandate specific regulations to be created. It authorizes regulations to fulfill those purposes. The regulation (12 CFR Part 210) includes collections of checks.

While 12 U.S.C. § 5002 itself is a definition section, it is part of a larger statutory scheme (the Check 21 Act). Because it defines terms related to substitute checks which are explicitly regulated in Subpart A””Collection of Checks and Other Items By Federal Reserve Banks (§§ 210.1 – 210.15) it is a specific authority delegation that instructs the agency on a specific regulatory task, even though it only uses definitions.

12 U.S.C. § 5002 defines terms used in chapter 12 U.S.C. §§ 5001-5018, which is listed as authority for 12 CFR Part 210. Therefore, the regulation is authorized by the statute, but not directly mandated.