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Subsection (a)(2) states “The Corporation shall prescribe regulations to carry out this subsection, including regulations governing the substance of signs required by paragraph (1) and the manner of display or use of such signs.” The agency receives specific instructions (substance of signs, manner of display/use) as to the regulatory task. Subsection (k)(1) states “The Corporation may prohibit or limit, by regulation or order, any golden parachute payment or indemnification payment” this section provides clear instructions on a particular gap in regulation.
This statute clearly instructs the FDIC on a specific regulatory task: to prescribe regulations governing the substance of signs and the manner of their display, explicitly instructing the agency on a specific regulatory task.
While broad in scope, the delegation specifically instructs the FDIC on the regulatory task of governing the substance and display of deposit insurance signs, including penalties for non-compliance. The language instructs the agency what to regulate even using open-ended terms like “manner of display or use of such signs.”
While the statute grants broad authority to regulate insured depository institutions, the specific task of prescribing regulations regarding the display of deposit insurance signs is identified. Subsection (a)(2) provides further specificity by stating, “The Corporation shall prescribe regulations to carry out this subsection, including regulations governing the substance of signs required by paragraph (1) and the manner of display or use of such signs.” This goes beyond general authority by explicitly instructing the agency on the content and manner of display, fulfilling the criteria of Kristin Hickman’s framework for Specific Authority Delegations.
The statute gives the FDIC (and other agencies, depending on the subsection) authority to make regulations, but the statute identifies specific regulatory tasks. It tells the FDIC to regulate the substance and display of signs regarding deposit insurance (1828(a)), the operation of foreign branches (1828(d)(2)), and to prohibit or limit golden parachute payments and indemnification payments under certain conditions (1828(k)(1)). These are specific regulatory tasks, even though terms like “appropriate,” “necessary,” and “reasonable” may be used within the specific mandates. Although some subsections provide broader authority, such as (c)(10) allowing for “whatever action it deems necessary or appropriate to implement or enforce this subsection,” this is in direct relation to a specific topic and does not grant entirely open-ended authority without identified regulatory tasks.
While 12 U.S. Code § 1828 is a lengthy statute covering a variety of aspects of banking regulation, the specified text directly tasks the Corporation with prescribing regulations regarding the display of deposit insurance signs, their substance, and manner of display. The terms are open-ended (“substance,” “manner of display”), it is still a specific, regulatory task related to a gap in procedures.
While the statute is extensive, the grants of rulemaking authority are tied to specific sections and topics. Subsection (a), dealing with representations of deposit insurance, explicitly directs the Corporation to prescribe regulations to implement that subsection, including specifics on signs. Similarly, other subsections, like (d)(2) concerning foreign branches, grant authority to prescribe regulations related to that specific topic. This specificity aligns with the definition of Specific Authority Delegations, instructing the agency on distinct regulatory tasks.
Though broad in scope, the statute clearly instructs the FDIC on a specific regulatory task (governing representations of deposit insurance) and provides details on what those regulations must include (governing the substance of signs and manner of display, etc.) and even the penalties for violations, falling under the Specific Authority Delegations category.
The statute clearly instructs the FDIC to prescribe regulations to carry out the specific task of ensuring insured depository institutions display signs relating to deposit insurance, including regulations governing the substance and manner of display of the signs. The statute uses the term “shall” indicating a mandatory duty.
The statute clearly instructs the FDIC on a specific regulatory task – governing the representation of deposit insurance, including the substance of signs and the manner of their display. The language regarding the substance and manner of display falls under the “clearly instructs” language in Kristin Hickman’s framework. Furthermore, the explicit language that the regulations need to “carry out this subsection” is a specific authority delegation.
The statute clearly directs the agency (FDIC) to create specific regulations regarding signage and advertising related to deposit insurance, explicitly outlining the scope and content of the required regulations.
The statute explicitly instructs the Corporation (FDIC) to prescribe regulations governing specific details such as the substance of signs and the manner of their display. Although terms like “manner” may seem broad, they are within the context of a clearly defined regulatory task.
The statute clearly instructs the FDIC on the specific regulatory task: prescribing regulations governing the substance and manner of display of signs relating to deposit insurance. The language also sets parameters for what the regulations should address, using terms like “substance” and “manner of display,” which fits the definition of “Specific Authority Delegations.”
While the statute delegates authority using terms like “including”, it directs the agency towards specific regulatory tasks and objectives related to representations of deposit insurance, the nature of signs, their display, and use, which falls under Specific Authority Delegation.
While the statute is quite lengthy and addresses a wide range of topics, the rulemaking authority granted to the FDIC and other agencies is often tied to specific regulatory tasks. For example, subsection (a)(2) clearly instructs the Corporation to prescribe regulations concerning signs related to deposit insurance. Subsection (k) instructs the Corporation to prescribe regulations regarding golden parachute payments and indemnification payments. Even using terms like “appropriate,” the statute clearly instructs agencies on a specific regulatory task or gap.
This statute specifically directs the Corporation to prescribe regulations to carry out the subsection related to representations of deposit insurance. It includes details such as governing the substance of signs and the manner of display, demonstrating a focused regulatory task. The inclusion of the word “shall” further emphasizes the Specific Authority Delegation.
Subsection (a) clearly instructs the Corporation (FDIC) on a specific regulatory task: to prescribe regulations governing signs relating to the insurance of deposits. It also identifies the substance of these signs, including a statement about being backed by the full faith and credit of the U.S. Government, indicating a clearly defined scope and instruction. Further, it instructs on the “manner of display or use of such signs”. This level of detail and specificity firmly places it within the Specific Authority delegation category.
This statute provides the FDIC with clear instruction on a specific regulatory task. The statute dictates what an entity must do (display signage) and directs the FDIC to prescribe regulations on how to accomplish this. The instruction is specific even though it uses a relatively open-ended term: “in accordance with regulations to be prescribed by the Corporation.”
The statute often clearly instructs agencies on specific regulatory tasks. While broad authority is delegated across the statute, each individual subsection tends to identify a specific regulatory task, for example, governing the substance of signs indicating deposit insurance or setting standards for real estate lending. The presence of terms like “appropriate,” “necessary,” and tasks for the agency to fulfill suggest specificity that aligns with Specific Authority Delegations.
While 12 U.S. Code § 1828 covers a broad range of topics related to regulations governing insured depository institutions, subsection (a) specifically directs the FDIC to prescribe regulations regarding the display of deposit insurance signs and related statements. The statute uses the phrase “in accordance with regulations to be prescribed by the Corporation,” and “The Corporation shall prescribe regulations to carry out this subsection.” which is a specific instruction, characteristic of Specific Authority Delegations.
While 12 U.S. Code § 1828 is a broad statute covering numerous aspects of insured depository institutions, the specific subsections that explicitly delegate rulemaking authority (e.g., 1828(a)(2) and (k)) direct the agency to address particular regulatory tasks related to deposit insurance representations and restrictions on certain benefits, respectively. The statute clearly instructs the agency on the specific regulatory tasks or gaps, even using terms like “carry out this subsection”.
While broad assistance powers are delegated, Subsection (j)(3) “Regulations” provides a clear instruction for the “appropriate Federal banking agency” to issue regulations implementing subsection (j) with respect to banks it supervises, including regulations implementing the capital restoration requirement. Subsection (k)(5)(C) also refers to the Corporation determining “by regulation” what qualifies as an economically depressed region, further pointing to a specific regulatory task.
The statute grants the FDIC broad discretion in taking actions to prevent bank failures and facilitate mergers, consolidations, and acquisitions. While some provisions are detailed, the overall delegation provides broad authority to the Board of Directors to prescribe terms and conditions.
Subsection (a) paragraph (2) clearly instructs the Corporation on the specific regulatory task of prescribing regulations, using open-ended terms like “substance” and “manner,” to govern deposit insurance representations.
The statute provides specific instructions on what the agency must regulate, including the substance of signs and the manner of their display. While terms like “in accordance with regulations to be prescribed by the Corporation” are used, they still tie the agency’s authority to a clear, specific regulatory task (representations of deposit insurance).