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The statute provides a clear regulatory task: to regulate the deposit of public money in insured banks. The statute gives explicit instructions on what the regulations should address, such as requiring security for the safekeeping and prompt payment of public money. While the phrase “under such regulations as may be prescribed by the Secretary” is somewhat open-ended, it’s tied to a specific and defined task. This fits Kristin Hickman’s “Specific Authority” delegation because it instructs the agency (Secretary of Treasury) on a specific regulatory task.

The statute explicitly authorizes the Secretary of the Treasury to prescribe regulations regarding the deposit of public money in designated insured banks. The regulation (31 CFR Part 202) directly implements this authorization by providing rules for the designation of depositaries, security requirements, and other related aspects. Therefore, the relationship is directly mandated.

While the statute sets out prohibitions against kickbacks and unearned fees, subsection (c)(5) provides specific authority to the Bureau to create regulations regarding “other payments or classes of payments or other transfers.” This is a specific regulatory task assigned to the agency.

12 U.S.C. § 2607 is explicitly listed as an authority for 12 CFR Part 1024. This means the regulation is authorized by the statute. However, the statute does not mandate that the Bureau issue regulations, but rather permits it, especially regarding “other payments or classes of payments or other transfers.”

The statute specifically instructs the Bureau (CFPB) to specify “other payments or classes of payments or other transfers” that are not prohibited under the section through regulations. This is a specific task, falling under the “Specific Authority Delegations” category despite the open-ended nature of “other payments”.

12 U.S.C. § 2607(c)(5) states that certain payments or classes of payments can be specified in regulations prescribed by the Bureau (now CFPB). This implies that regulation is authorized but not directly mandated.

Subsection (c)(1)(C) directs the Bureau (formerly the Secretary) to issue regulations prescribing changes necessary to the uniform settlement statement under 12 U.S.C. § 2603 that specify how the initial escrow account statement required by this section shall be incorporated in the uniform settlement statement. This is a clearly defined regulatory task.

12 U.S.C. § 2609 is explicitly listed in the “Authority” section of 12 CFR Part 1024 (Regulation X). This indicates the regulation is directly mandated by the statute.

While the statute sets forth limitations on escrow account deposits and requirements for disclosure, subsection (c)(1)(C) provides a specific instruction to the Bureau (formerly the Secretary) to issue regulations concerning the uniform settlement statement and how certain information about escrow accounts should be incorporated. This is a clear task assigned to the agency, not a general grant of rulemaking power.

12 U.S.C. § 2609 is listed as an authority for 12 CFR Part 1026. Specifically, subsection (c)(1)(C) explicitly directs the Bureau (formerly Secretary) to issue regulations prescribing changes to the uniform settlement statement. This constitutes a direct mandate.

Subsection (d) provides clear instructions for the penalties, and while the agency has authority to adjust the amounts, the action is tied to specific regulatory tasks identified by the statute (failing to submit statements).

12 U.S.C. § 2609(d) explicitly provides that the “Secretary shall assess to the lender or escrow servicer failing to submit the statement a civil penalty,” and 12 CFR Part 1083 implements this through “Adjustment of civil penalty amounts.” The statute mandates a penalty, and the regulation specifies how that penalty amount is to be adjusted.

The statute specifically instructs the Bureau to “publish a single, integrated disclosure” and further describes what that disclosure must include (requirements of this section, section 2604 of this title, and Truth in Lending Act). Although it uses terms like “readily understandable language” to simplify disclosures, these are still within a specific directive.

12 U.S.C. § 2603(a) states “The Bureau shall publish a single, integrated disclosure…” The word “shall” indicates a direct mandate. This mandate specifically directs the Bureau to publish an integrated disclosure, directly linking the statute and the regulation.

The statute provides clear instructions on the regulatory task (preparing and distributing a booklet), specifies the content that must be included in the booklet, and uses terms like “as the Director determines to be appropriate” which aligns with open-ended terms. While the director has discretion, the delegation centers on a specific task,

12 U.S.C. § 2604 directly mandates the Director of the Bureau of Consumer Financial Protection to prepare and distribute a booklet at least once every 5 years, detailing the nature and costs of real estate settlement services and providing other specific information.

The statute gives the agency (the Bureau) specific instructions on what to regulate. It clearly instructs the Bureau to create a booklet with specific content requirements related to mortgage loans, settlement services, and consumer protection. Subsection (b) further delineates specific information that shall be included, such as explanations of costs, lending practices, and consumer rights. The statute identifies a specific regulatory gap.

The statute directly mandates the Director of the Bureau of Consumer Financial Protection to prepare and distribute a booklet to help consumers understand the nature and costs of real estate settlement services. The statute dictates the frequency of preparation (at least once every 5 years), languages and cultural styles, and specifies the recipients (lenders making federally related mortgage loans).

While subsection (j)(3) delegates authority to the Bureau to establish “any requirements necessary to carry out this section,” this language falls under the “Specific Authority” delegation according to Hickman’s framework. The statute identifies a specific regulatory task by directing the bureau to create regulations to implement the various provisions related to mortgage servicing and mandates the inclusion of the model disclosure statement mentioned in subsection (a)(2). The term ‘necessary’ falls under the specific authority clause.

The statute, specifically subsection (j)(3), explicitly states “The Bureau shall establish any requirements necessary to carry out this section. Such regulations shall include the model disclosure statement required under subsection (a)(2).” This is a direct mandate for the Bureau to issue regulations. Furthermore, the authority section of 12 CFR Part 1024 cites 12 U.S.C. 2603-2605, confirming this classification.

Subsection (j)(3) of the statute explicitly directs the Bureau (formerly the Secretary) to establish requirements necessary to carry out the section. While the wording “any requirements necessary” is open-ended, the statute specifies the area of regulation (mortgage loan servicing) and even requires the regulations to include a model disclosure statement for subsection (a)(2). This specificity places it within the realm of Specific Authority Delegations, as it instructs the agency on a specific regulatory task (creating and implementing requirements for loan servicing disclosures and practices) to address a gap in consumer protection.

12 U.S.C. § 2605 is explicitly listed as an authority for 12 CFR Part 1026. This indicates a direct mandate for regulation under the statute.

The statute gives specific direction to the Comptroller of the Currency (OCC) regarding preemption determinations related to state consumer financial laws and national banks. The statute outlines the preemption standards, consultation requirements, periodic review processes, and transparency requirements, including the Comptroller determining “on a case-by-case basis” whether state laws are preempted, as provided in subsection (b)(1)(B), and further elaborated by subsection (b)(3). This suggests a specific regulatory task assigned to the OCC, thereby classifying this as a Specific Authority delegation under the Hickman framework.

12 U.S.C. § 25b is explicitly listed in the authority section for 12 CFR Part 7. This indicates that the regulation is directly mandated by the statute.

The statute clearly instructs the Comptroller on a specific regulatory task: to examine the condition of new banking associations and determine their eligibility to commence banking business, outlining specific aspects to investigate.

The statute directly mandates the Comptroller of the Currency to examine the condition of an association and determine if it is lawfully entitled to commence the business of banking.

While section 2601 is primarily a statement of Congressional findings and purpose, its identified goals (disclosure, kickback elimination, escrow reform) provide specific areas for agency action. This moves it beyond simply a broad statement of interest and towards specific tasks or problems that HUD (and now CFPB) can address through regulation. The statute identifies particular regulatory tasks.

While 12 U.S.C. § 2601 lays out the findings and purposes of RESPA (Real Estate Settlement Procedures Act), including better disclosure and eliminating kickbacks, it doesn’t directly mandate any specific regulation. The statute does authorize action to effect these changes. The “Authority” section of 12 CFR Part 1026 explicitly cites 12 U.S.C. 2601, 2603-2605, 2607, 2609, and 2617 as providing the legal basis for the regulations within that part. The link is authorized but not mandated.

While 12 U.S.C. § 2601 outlines the goals of RESPA, it does not provide specific instructions or tasks for the agency to accomplish through regulation beyond the broad goals articulated in section (b), such as more effective disclosure and eliminating kickbacks. As such, the statute gives broad authority for HUD and the Federal Reserve to create rules aimed at achieving these goals, placing it in the General Authority category.

12 U.S.C. § 2601 lays out the findings and purposes of the Real Estate Settlement Procedures Act. While it states the problems Congress intends to address, it doesn’t directly mandate any specific regulations. However, it authorizes the agency (HUD, and by extension, the Federal Reserve System) to effect changes in the settlement process, thus authorizing regulations but not mandating them. The regulation 12 CFR Part 261, specifically cites 12 U.S.C. 2601 in its authority section.

The statute clearly instructs the agency (Bureau) on the specific regulatory task of publishing a specific, integrated disclosure for mortgage loan transactions, indicating what it needs to include

The statute directly mandates the Bureau to publish a single, integrated disclosure for mortgage loan transactions.

The statute provides broad authority to the Board of Governors of the Federal Reserve System to prescribe policies related to labor relations for the Federal Reserve Banks. While it relates to a specific area (labor relations), it does not instruct the agency on specific regulatory tasks, but rather gives the Board the power to regulate the area in general.

The statute “shall be authorized and empowered” indicates that the regulation is authorized, but not mandated. The Board can act, but it doesn’t have to.

While 12 U.S.C. § 248 provides a list of “enumerated powers” to the Board of Governors, it does not explicitly instruct the agency to create ethical standards for its employees. The statute provides broad authorities such as employing staff (subsection l) and performing necessary duties (subsection i), from which the Board infers and acts upon a generalized power to create ethical rules. The CFR provision regarding ethical conduct is therefore supported by the statute, but the statute does not specifically mandate its creation.

The regulation at 5 CFR Part 6801, which concerns supplemental standards of ethical conduct for employees of the Board of Governors, directly references and thus is directly mandated by 12 U.S.C. § 248. Specifically, the “Authority” section of the CFR includes “12 U.S.C. 244, 248”.

The statute identifies a specific regulatory task: prescribing procedures to implement the section. The statute also states that the OCC must establish standards of credit worthiness. Although the statute uses terms like “appropriate,” “reasonable,” or “necessary,” it clearly instructs the agency on a specific regulatory task or gap.

12 U.S.C. § 24a(a)(5) explicitly states “Before the end of the 270-day period beginning on November 12, 1999, the Comptroller of the Currency shall, by regulation, prescribe procedures to implement this section.” This is a direct mandate.

The statute explicitly instructs the Comptroller of the Currency to prescribe procedures to implement the section via regulation. This constitutes a specific regulatory task.

12 U.S.C. § 24a is listed explicitly as an authority for 12 CFR Part 5.

12 U.S.C. § 25b(b)(1)(B) gives the Comptroller the authority to determine if a state consumer financial law “prevents or significantly interferes with the exercise by the national bank of its powers.” The statute uses open-ended terms such as “prevents or significantly interferes,” but it is directing the agency to fill a specific regulatory gap regarding the preemption of state law. Additionally, Subsection (d)(1) mandates the Comptroller of the Currency to periodically conduct a review, through notice and public comment, of each determination that a provision of Federal law preempts a State consumer financial law. This is a specific regulatory task.

The statute authorizes the Comptroller of the Currency to make preemption determinations through regulation or order, but it does not mandate that the Comptroller issue regulations regarding all possible instances of state consumer financial laws. The authority to issue regulations is tied to a specific power granted to the agency, but the agency is not compelled to regulate.

While the statute grants broad powers to the Board of Governors, it also provides very specific instructions and tasks to be completed, such as examining banks, publishing statements, supervising note issuance, and delegating certain functions. These specific enumerated powers meet the criteria for “Specific Authority Delegations,” as they clearly instruct the agency on a regulatory task, even with open ended terms (e.g., “deem necessary”).

The regulation, 12 CFR Part 262, directly implements the statute, 12 U.S.C. § 248, as evidenced by the statutory authority listed for the regulation, which explicitly includes 12 U.S.C. § 248. This signifies a direct mandate, as the regulation establishes procedures and rules to operationalize the powers granted in the statute.

The statute, particularly 12 U.S.C. § 248(i), grants the Board the power to “perform the duties, functions, or services specified in this chapter, and make all rules and regulations necessary to enable said board effectively to perform the same.” While seemingly broad, this gives the Board authority to develop specific procedures (like rules of practice for hearings) to fulfill its other explicitly mandated duties, thus it is a specific authority delegation under Hickman’s framework.

12 U.S. Code § 248 is directly cited as the authority for 12 CFR Part 263. The regulation outlines rules of practice for hearings before the Board of Governors of the Federal Reserve, which is directly related to the Board’s powers and duties enumerated in § 248.

12 U.S.C. § 248(i) states “and said board shall perform the duties, functions, or services specified in this chapter, and make all rules and regulations necessary to enable said board effectively to perform the same.”. This directly instructs the board on what duties they are expected to carry out and that they should use rulemaking to do so.

12 U.S.C. § 248 (i) and (k) are explicitly listed in the regulation’s authority section. This creates a directly mandated relationship.

While section 248 provides a broad grant of authority, subsection (i) speaks directly to the power to promulgate rules necessary to effectively perform the board’s duties. This constitutes “specific authority” as the statute clearly instructs an agency on a specific regulatory task (ensuring effective performance of the board’s duties) by authorizing rulemaking to achieve that end, even using broad terms like “necessary.”

12 U.S.C. 248(i) explicitly authorizes the Board to make “all rules and regulations necessary to enable said board effectively to perform the same,” where “same” refers to the duties, functions, or services specified in the chapter. Part 266, which limits the activities of former members and employees, falls within these prescribed duties and functions. This relationship is thus directly mandated because the statute expressly authorizes rules to carry out its provisions.