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While the statute provides the Comptroller with considerable power to regulate foreign banks establishing federal branches or agencies, the statute doesn’t contain specific instructions on precisely how to determine the fees, the scope of the fees, or the processes for enforcing payment. The phrase “considers appropriate” in Section 3102(b) broadens the authority. While section 3102(g) does give additional detail on deposit and asset requirements, it doesn’t provide specifics about fees.

12 U.S.C. § 3102(b) empowers the Comptroller to issue rules and regulations as “appropriate to carry out this section.” 12 CFR Part 8, which addresses assessment of fees, is explicitly authorized under the statute as evidenced by its inclusion in the authority citation and is vital for the successful operation of the regulatory regime established.

While 12 U.S.C. 3101 is primarily a definition section, its purpose is to provide clear understanding of terms used within the International Banking Act of 1978. This act does give agencies authority to supervise foreign banks in the US. By defining things like “agency”, “branch” and “foreign bank” it is providing agencies with the definitions needed to supervise. These terms are important for regulations on collateral. Therefore, it falls under the specific authority delegation because it is clear how the definitions will be used to supervise the banking sector.

The regulation, 31 CFR Part 380, explicitly cites 12 U.S.C. 3101-3102 as part of its authority. This means the regulation is authorized by the statute. However, the statute (12 U.S.C. 3101) defines terms; it doesn’t mandate specific regulations on collateral acceptability and valuation. Therefore, the relationship is authorized but not mandated.

While the statute identifies specific aspects to be regulated (e.g., service of process, maintenance of branch accounts), it provides the Comptroller broad authority to issue rules and regulations as deemed “appropriate to carry out this section.” This open-ended mandate for regulations beyond the specified topics constitutes a general delegation of rulemaking authority.

12 U.S.C. 3102(b) states that a foreign bank “shall be subject to such rules, regulations, and orders as the Comptroller considers appropriate to carry out this section.” This constitutes a direct mandate for the Comptroller to issue regulations.

While the statute outlines specific aspects of foreign bank operations like establishment, deposit requirements, and receivership, subsection (b) grants the Comptroller broad authority to issue regulations that the Comptroller “considers appropriate to carry out this section.” This is a general mandate not tied to a particular, well-defined gap, but rather encompassing the whole of implementation.

Subsection (b) of 12 U.S. Code § 3102 directly mandates the Comptroller to issue rules, regulations, and orders to carry out the provisions of the section.

Subsection (b) of the statute grants the Comptroller broad authority to issue “rules, regulations, and orders as the Comptroller considers appropriate to carry out this section.” It does not specify particular regulatory tasks but gives discretion related to operating federal branches and agencies.

12 U.S.C. 3102(b) is explicitly listed in the Authority section for 12 CFR Part 30, indicating a direct mandate.

While the statute provides broad authority to regulate foreign bank branches and agencies, many subsections provide concrete instructions and objectives that the Comptroller is expected to take. The Comptroller must ensure banks meet deposit requirements under subsection (g), consider competition, financial resources, and community needs when approving branch applications under subsection (c), and coordinate with the Board. The explicit language in (b) “as the Comptroller considers appropriate to carry out this section” is open ended but still within a directive of a specific gap that must be filled.

Subsection (b) states the regulations are “appropriate to carry out this section.” The statute explicitly directs the Comptroller to make rules and regulations, thus, the relationship is directly mandated. Subsection (g) also uses the language “in accordance with such rules and regulations as the Comptroller may prescribe.”

The statute specifically directs the Farm Credit Administration to examine and audit the Bank and mandates reimbursement for the costs of examination and audit. The regulation relates directly to the implementation of the reimbursement aspect of this specific authority, thus detailing how the agency assesses and apportions administrative expenses.

The statute authorizes the Farm Credit Administration to examine and audit the Bank and receive reimbursement for the costs. While the statute directs the FCA to conduct these activities, it doesn’t specifically mandate regulations regarding the assessment and apportionment of administrative expenses. The regulations are authorized because they relate to the reimbursement provision but are not directly mandated by the directive to examine and audit.

12 U.S.C. § 3101 is a definitional statute. It does not provide specific instructions for regulatory tasks. Rather, it provides definitions that are used in other sections of the International Banking Act. Thus, the delegation is broad-based and categorizable as a general authority delegation.

12 U.S.C. § 3101 defines terms used within the International Banking Act, which includes the powers and responsibilities of agencies like the Board of Governors of the Federal Reserve System and the Comptroller of the Currency. While § 3101 itself doesn’t directly mandate specific regulations, it authorizes them by providing the definitional foundation upon which regulatory actions concerning international banking are based. The agencies rely on these definitions to interpret and apply the broader provisions of the Act, enabling them to issue regulations.

This specific section, 12 U.S. Code § 3101, primarily provides definitions. While the chapter as a whole grants regulatory authority, this particular section does not specify precise regulatory tasks. Instead, by defining key terms related to international banking, it allows agencies to interpret and apply those terms within the broader context of their regulatory authority. This broader grant of authority is what characterizes it as a General Authority delegation.

The statute defines terms that are used within the chapter, some of which pertain to entities regulated by the Board of Governors of the Federal Reserve System (the “Board”) and the Comptroller of the Currency (“Comptroller”). The statute itself does not mandate specific regulations, but it authorizes the agencies to regulate the activities described within the statute. 12 CFR Part 252, which is shown as the regulation, cites 12 U.S.C. 3101 et seq as its authority, meaning that the regulation is authorized but not directly mandated.

The statute defines key terms that the Board of Governors of the Federal Reserve and the Comptroller of the Currency use in their oversight and regulation of international banking activities. While the statute itself does not specifically command rulemaking related to these definitions, the authorities in the CFR regulations are broad, and the statute clarifies regulatory application.

12 U.S.C. § 3101 defines terms used throughout Chapter 39, which concerns international banking. 12 CFR Part 28 directly implements regulations concerning international banking activities, including the operations of foreign banks in the U.S., as evidenced by the reference to “3101 et seq.” in the regulation’s authority citation. Therefore, the regulation is directly mandated by the statute as it further defines terms and structures established in the statute.

While 12 U.S.C. § 3101 itself is a definition section, the regulations promulgated in 12 CFR Part 44 are supported by broader authorities including 12 U.S.C. § 3102 and § 3108 that provide more specific instructions on regulating foreign banks. Furthermore, 12 U.S.C. § 1851, which is also cited in Part 44’s authority, concerns the prohibition of proprietary trading and certain relationships with covered funds (the Volcker Rule). Given this, the statute empowers agencies to address a specific regulatory problem: risks associated with international banking and proprietary trading.

12 U.S.C. § 3101 defines terms used in the International Banking Act. While it does not directly mandate the creation of specific regulations, it authorizes agencies like the Board of Governors of the Federal Reserve System and the Comptroller of the Currency to oversee and regulate international banking activities within the US. Part 44, as explicitly noted in the provided Authority section, cites 12 U.S.C. § 3101 and § 3102 and § 3108.

The statute provides very specific instructions regarding the content, frequency, and nature of the required written evaluations. It dictates specific criteria to be used, the inclusion of public and confidential sections, and even the rating system to be employed. While the agencies have some interpretive discretion in implementing these requirements, the delegation is tightly constrained by the specific tasks and goals outlined in the statute, especially concerning the assessment of credit needs in low- and moderate-income neighborhoods.

The statute (12 U.S.C. § 2906) directly mandates the “appropriate Federal financial supervisory agency” to prepare written evaluations of insured depository institutions. This creates a direct statutory mandate for agency action. The regulation (12 CFR Part 25) implements and expands on these requirements.

The statute specifically directs the “appropriate Federal financial supervisory agency” to determine “favorable terms.” Although the term “favorable terms” is open-ended, it clearly instructs the agency to define it in the context of donations or sales of branch facilities to minority and women’s depository institutions. This qualifies as a Specific Authority delegation under Hickman’s framework because it identifies a particular regulatory task, even while employing flexible language.

The statute, 12 U.S.C. § 2907, mentions the “appropriate Federal financial supervisory agency” determining “favorable terms” for donations or sales of branch facilities. While the statute addresses a specific issue (minority and women’s depository institutions), it authorizes the agency to define what constitutes “favorable terms,” but it doesn’t mandate specific regulations. The agency has the power to act, but isn’t explicitly ordered to create detailed rules beyond defining favorable terms for the purpose of Community Reinvestment Act considerations.

The statute explicitly tasks the “appropriate Federal financial supervisory agency” with determining “favorable terms” in the context of branch facility donations, sales, or rent-free availability to minority or women’s depository institutions. This constitutes a specific regulatory task assigned to the agency. While the statute’s language allows for agency discretion in defining “favorable terms,” it still falls under the Specific Authority Delegation category.

12 U.S.C. § 2907 is explicitly listed as an authority for 12 CFR Part 25. This indicates the regulation is directly mandated by the statute.

While §2908 is relatively specific, giving the agency discretion to perform examinations “as deemed necessary” and to conduct “more frequent or less frequent examinations for reasonable cause,” these grants are explicitly in relation to small banks and their CRA ratings. The statute provides a very clear framework. This fits the “Specific Authority” designation as it instructs the agency on a specific regulatory task. The terms “as deemed necessary” and “for reasonable cause” fall within the scope of open-ended terms like “appropriate” and “necessary” that Hickman identifies as still indicative of specific delegation.

12 U.S.C. § 2908 is explicitly listed in the “Authority” section of 12 CFR Part 25. This indicates that the regulation is authorized by the statute, but the statute does not mandate the creation of the regulation.

The statute identifies specific actions (changing name and location) that the Comptroller of the Currency oversees. This falls under the specific authority delegation because it instructs the agency (Comptroller of the Currency) on a specific regulatory task, namely, regulating name and location changes of national banks.

12 U.S.C. § 30 is explicitly listed in the “Authority” section of 12 CFR Part 25, indicating that the regulation is directly mandated by the statute.

The statute instructs the agencies to specifically include a section in their annual report outlining their actions related to their responsibilities under the chapter. This is not broad rulemaking authority; it’s a specific reporting requirement, making it a specific authority delegation.

The statute directly mandates that each appropriate Federal financial supervisory agency shall include a section outlining its actions to carry out responsibilities under the chapter in its annual report to Congress. This necessitates agency action to comply with the reporting requirement, directly mandating the report’s creation and content.

While 12 CFR Part 25 lists a wide range of authorities, 12 U.S.C. 2904 clearly instructs the agency on a specific regulatory task: reporting to Congress on the actions taken to fulfill responsibilities under the Community Reinvestment Act. Even though the agency retains discretion on how to report, the subject and requirement is specified.

12 U.S.C. § 2904 directly mandates that “Each appropriate Federal financial supervisory agency shall include in its annual report to the Congress a section outlining the actions it has taken to carry out its responsibilities under this chapter.” 12 CFR Part 25 which is “PART 25″”COMMUNITY REINVESTMENT ACT AND INTERSTATE DEPOSIT PRODUCTION REGULATIONS” lists 12 U.S.C. 2901 through 2908 as statutory authority. This includes 2904, so the regulation is implementing this statute. Therefore it is directly mandated.

The statute specifically directs the agencies to create regulations “to carry out the purposes of this chapter”. Although “to carry out the purposes of this chapter” is somewhat open-ended, it does identify a specific regulatory task – ensuring the statute’s goals are realized. Thus, this is a specific authority delegation.

The statute explicitly states that regulations “shall be published” by the appropriate federal financial supervisory agencies to “carry out the purposes of this chapter.” This wording clearly mandates the agencies to create regulations.

The statute instructs specific federal financial supervisory agencies to create regulations to “carry out the purposes of this chapter,” thus instructing the agencies on a regulatory task.

The statute explicitly states that regulations “shall be published” to carry out the purposes of the chapter, making the regulation directly mandated.

The statute specifically instructs the agency to prepare written evaluations with public and confidential sections and specifies the content and rating system for these evaluations. While the agency has some discretion in the assessment factors and sensitive information disclosure, the regulatory task is clearly identified and mandated by Congress.

12 U.S. Code § 2906 directly mandates the “appropriate Federal financial supervisory agency” to prepare written evaluations of insured depository institutions’ community credit needs. This is a specific requirement triggered by the conclusion of an examination under section 2903.

The statute directs specific agencies (“appropriate Federal financial supervisory agency”) to take specific actions (“use its authority when examining financial institutions, to encourage such institutions to help meet the credit needs of the local communities”) toward a specific goal (meeting the credit needs of local communities). While “encourage” is open-ended, the instruction to use existing authority within the examination process provides enough constraints for this to qualify as a Specific Authority Delegation.

The statute (12 U.S.C. § 2901) explicitly requires appropriate Federal financial supervisory agencies to use their authority when examining financial institutions to encourage them to meet the credit needs of the local communities. This is a direct mandate to the agencies, making the relationship directly mandated.

While this specific statute defines terms, it does so in a way that is directly linked to the regulatory tasks of specific agencies. The definitions of “appropriate Federal financial supervisory agency” and “application for a deposit facility” are tied to actions “otherwise required under Federal law or regulations thereunder.” This indicates that the statute anticipates agency action and defines the scope of that action, even with open-ended language.

12 U.S.C. § 2902 defines terms used in the chapter, which provides a framework for financial supervision and regulation. While the statute defines “appropriate Federal financial supervisory agency” and “application for a deposit facility,” it doesn’t explicitly mandate the creation of regulations. However, it authorizes agencies to require applications under “Federal law or regulations thereunder,” implying that further rulemaking is authorized, but not explicitly mandated by this specific definitions section. Other sections within the larger act likely provide that mandate.

This statute falls under Specific Authority because while it primarily defines terms, these definitions directly shape and constrain the regulatory tasks assigned to agencies under the CRA. The definitions provided in the statute instruct the agencies on specific regulatory tasks by defining the scope and applicability of the CRA.

12 U.S.C. 2902 provides definitions that are used in the chapter related to the Community Reinvestment Act. The statute defines key terms which the regulations implementing the CRA must use, thus directly mandating the relationship. The regulations (12 CFR Part 25) cite 12 U.S.C. 2901 through 2908 as authority.

The statute specifically instructs the agencies to consider low-cost education loans as a factor in assessing a financial institution’s record. This is a specific regulatory task.

The statute, particularly subsection (d) and the associated regulation note, directly mandates the appropriate Federal financial supervisory agencies to issue rules to implement section 804(d). Furthermore, 12 U.S.C. 2901-2907 is listed in the authority section of 12 CFR Part 208