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Subsection (a)(2) of the statute clearly instructs the Corporation on the specific regulatory task, including regulations governing the substance of signs and the manner of their display. It also uses open ended words “substance” and “manner” as well.

Subsection (a) and several other subsections explicitly direct the Corporation to prescribe regulations. Therefore the relationship is directly mandated.

12 U.S.C. 1822(f)(4) specifically directs the Board of Directors to prescribe regulations establishing procedures for ensuring that individuals performing services for the Corporation meet minimum standards of competence, experience, integrity, and fitness. While “minimum standards” allows for agency discretion, the statute identifies a specific regulatory task.

The regulation at 12 CFR Part 367 explicitly cites 12 U.S.C. 1822(f)(4) and (5) as its authority, indicating a direct mandate. The statute requires the Board of Directors to prescribe regulations.

12 U.S.C. § 1822(c) states, “Except as otherwise prescribed by the Board of Directors, neither the Corporation nor such new depository institution or other insured depository institution shall be required to recognize as the owner of any portion of a deposit appearing on the records of the depository institution in default under a name other than that of the claimant, any person whose name or interest as such owner is not disclosed on the rec­ords of such depository institution in default as part owner of said deposit, if such recognition would increase the aggregate amount of the insured deposits in such depository institution in default.” This provides specific authority to the Board of Directors to prescribe regulations regarding the recognition of claimants not on depository institution records. 12 C.F.R. Part 370 implements this specific authority by establishing recordkeeping requirements for timely deposit insurance determination, which directly relates to the identification of deposit ownership.

12 U.S.C. § 1822(c) is listed as an authority for 12 C.F.R. Part 370. While the statute gives the Board of Directors discretion, the regulation is authorized, but not mandated.

The statute, specifically subsection (f) (Conflict of Interest), instructs the Board of Directors to prescribe regulations related to employee conduct, independent contractors, and disapproval of contractors. This falls under “Specific Authority Delegations” because the statute clearly instructs the agency on specific regulatory tasks, particularly concerning conflicts of interest, competence, integrity, and ethical responsibilities of those affiliated with the corporation.

The regulation at 5 CFR Part 3201 cites 12 U.S.C. § 1822 in its authority section. This indicates that the regulation is directly mandated by the statute, as the agency is explicitly using the statute as a basis for its rulemaking.

While the statute provides broad authority to the FDIC to assist and resolve issues with insured depository institutions, many subsections provide specific instructions on how the agency should act, what factors they should consider, and under what circumstances they can take certain actions. Even using terms such as “appropriate,” “reasonable,” the statute provides clear instructions

The statute directly mandates the FDIC to take certain actions in relation to insured depository institutions, such as providing assistance, resolving defaults, and investing funds. The regulation, 12 CFR Part 303, implements the procedures by which banks must file paperwork, seek approvals, and abide by the actions that the FDIC is authorized to take. Therefore, the regulation is directly mandated by the statute.

The statute grants the FDIC broad authority to make loans, purchase assets, assume liabilities, or make contributions to insured depository institutions without specific regulatory tasks or gaps being identified beyond the explicit instruction to prescribe regulations to implement clause (i). The discretion granted to the Board of Directors reinforces this.

The statute authorizes the FDIC to provide assistance to insured depository institutions, but it does not mandate the agency to issue regulations beyond the least-cost provisions of subsection (c)(4)(E)(ii)

While broad, 12 U.S. Code § 1821(d)(1) specifically instructs the FDIC on the regulatory task of creating regulations regarding the conduct of conservatorships and receiverships. The statute uses the term “appropriate,” suggesting a level of discretion, but still falls under the “Specific Authority” delegation category.

12 U.S. Code § 1821(d)(1) states: “The Corporation may prescribe such regulations as the Corporation determines to be appropriate regarding the conduct of conservatorships or receiverships.” Therefore, regulations regarding this topic are directly mandated.

Subsection (f)(4)(A) states: “The Board of Directors shall prescribe regulations establishing procedures for ensuring that any individual who is performing, directly or indirectly, any function or service on behalf of the Corporation meets minimum standards of competence, experience, integrity, and fitness.” This is a specific instruction tied to a particular regulatory goal. While terms like “minimum standards” give the agency some discretion, the core delegation focuses on a specific task: creating procedures to ensure certain standards are met by those working for the Corporation.

12 U.S.C. § 1822(c) directly authorizes the Board of Directors to prescribe regulations regarding the recognition of claimants not on depository institution records. While it doesn’t mandate specific regulations on all aspects of deposit insurance, it explicitly authorizes the Board to prescribe regulations concerning the recognition of deposit ownership. This makes option (b) the most accurate choice.

12 U.S.C. § 1822(f) specifically instructs the FDIC on regulatory tasks, particularly concerning conflict of interest and ethical responsibilities of employees and contractors. It also details the procedures and standards that the FDIC must establish for ensuring the competence, experience, integrity, and fitness of individuals performing services for the Corporation.

12 U.S.C. § 1822(f) explicitly authorizes, but does not mandate, the FDIC Board of Directors to prescribe regulations regarding employee conduct, independent contractors, and minimum standards for individuals performing services for the Corporation. The statute provides specific areas for which regulations may be issued, but it does not require regulations in all cases.

The statute provides specific direction for the FDIC’s actions as a receiver, including the disposition of unclaimed deposits, the handling of conflicts of interest, and setting minimum standards for contractors. While there is some discretion afforded to the Board of Directors, much of the delegation falls under the category of “Specific Authority” because the statute clearly instructs the agency on particular regulatory tasks, such as establishing procedures for ensuring contractor competence, experience, integrity, and fitness, as per §1822(f)(4)(A).

The regulation, 12 CFR Part 360, is directly mandated by the statute, 12 U.S.C. § 1822, particularly regarding the FDIC’s role as receiver and its authority to resolve and manage receiverships. The statutory authority cited for the regulation explicitly includes provisions relating to the FDIC’s receivership functions (e.g., 12 U.S.C. 1821(d) and (e)), which are directly addressed by the resolution and receivership rules in Part 360.

Subsection (f)(3) specifically directs the Board of Directors to prescribe regulations applicable to independent contractors regarding conflicts of interest, ethical responsibilities, and the use of confidential information. Subsection (f)(4) directs the Board to prescribe regulations establishing procedures for ensuring that any individual performing services meets minimum standards of competence, experience, integrity, and fitness. These are specific regulatory tasks identified within the statute.

12 U.S.C. 1822(f)(3) and (4) explicitly direct the Board of Directors of the FDIC to prescribe regulations regarding conflicts of interest for independent contractors and procedures for ensuring minimum standards of competence, experience, integrity, and fitness for individuals performing services for the Corporation. Therefore, the relationship is directly mandated.

The statute clearly instructs the FDIC on specific regulatory tasks. For instance, it outlines how deposit insurance is provided to employee benefit plans (1821(a)(1)(D)) and how the standard maximum deposit insurance amount is to be adjusted every 5 years based on the Personal Consumption Expenditures Chain-Type Price Index (1821(a)(1)(F)). While open-ended terms like “necessary” and “appropriate” are used, they are used in the context of very specific requirements.

The statute directly mandates the FDIC to insure deposits of insured depository institutions and outlines the specifics of how the standard maximum deposit insurance amount is determined and adjusted. This establishes a clear and direct relationship.

12 U.S. Code § 1821 contains multiple specific authority delegations. For example, 12 U.S. Code § 1821(a)(1)(D)(iii) clearly instructs the Corporation on a specific regulatory task: defining “pass-through deposit insurance” with respect to employee benefit plans. The term “in accordance with regulations issued by the Corporation” demonstrates specific delegation. Similarly, 12 U.S. Code § 1821(d)(1) grants the FDIC specific authority for rulemaking “regarding the conduct of conservatorships or receiverships.” Even the use of “appropriate” in connection to conservatorships and receiverships shows specific authority.

12 U.S. Code § 1821(d)(1) grants the FDIC the authority to prescribe regulations regarding the conduct of conservatorships or receiverships. Many other paragraphs of the statute also use the term “in accordance with regulations issued by the Corporation”. This would qualify as directly mandated regulations.

Although some parts of the statute provide specific guidance, such as the inflation adjustment calculation (12 U.S. Code § 1821(a)(1)(F)), the overall delegation of rulemaking authority related to conservatorships and receiverships is broad and does not identify specific regulatory tasks beyond generally appropriate measures. Therefore, it falls under the “General Authority” delegation. The provision regarding “pass-through deposit insurance” for “employee benefit plans” specifically delegates the task “in accordance with regulations issued by the Corporation”. However, since this task is quite broad, it falls under the “General Authority” category, which includes hybrid delegations.

While the statute does not mandate specific regulations beyond the joint consideration of the Boards for inflation adjustments, it authorizes the FDIC to issue regulations related to pass-through insurance for employee benefit plans (12 U.S. Code § 1821(a)(1)(D)(iii)), and the conduct of conservatorships or receiverships (12 U.S. Code § 1821(d)(1)). The passthrough insurance for employee benefit plans regulation issuance is at the discretion of the Corporation, thus the relationship between the statute and regulation is authorized but not mandated.

Although broad in scope (covering all insured depository institutions), the statute specifically delineates regulatory tasks to the FDIC, especially in relation to deposit insurance. The use of terms like “shall aggregate,” “shall provide,” and specific direction on how to calculate inflation adjustments suggests clear instructions on the regulatory tasks. Even the use of “necessary” implies specific authority regarding actions to support depositors.

The statute directly mandates the regulation of deposit insurance, including the determination of insured amounts, aggregation of deposits, coverage for employee benefit plans, and inflation adjustments. These are all specific regulatory tasks assigned to the FDIC (and, in some cases, jointly with the NCUA).

While the statute discusses specifics such as coverage amounts and aggregation rules, it also grants broad rulemaking power to the Corporation regarding the conduct of conservatorships and receiverships (subsection (d)(1)). Furthermore, it gives the Board discretion in critical areas such as determining when an inflation adjustment is appropriate. Thus, while some specific guidance is provided, the overall delegation falls into the category of General Authority due to the broad powers and discretion given. This includes Hybrid delegations where both specific and general authorities are given.

This statute authorizes the FDIC to insure deposits, but it doesn’t mandate specific regulations beyond the broad strokes laid out in the statute itself (e.g., determining the standard maximum deposit insurance amount). The details of implementation and how the FDIC manages conservatorships and receiverships are largely left to the FDIC’s discretion within the bounds of the overall statute.

Subsection (g) grants the FDIC general rulemaking authority to carry out the chapter and define terms, without prescribing or clearly instructing any specific regulatory tasks or gaps to address. Therefore, it falls under General Authority delegation.

The statute explicitly authorizes the FDIC to prescribe regulations (g) to carry out the chapter and define terms. While it facilitates implementation, it doesn’t mandate specific regulations. The regulation addresses industrial banks, which falls under the general scope of the statute’s aim of administering the affairs of the Corporation (FDIC).

While many sections of the statute provide specific instructions regarding examinations and related procedures, subsection (g), “Authority to prescribe regulations and definitions,” offers broad authority. It allows the Corporation to prescribe regulations to carry out the entire chapter and define terms as necessary, thus providing a general rulemaking mandate.

12 U.S.C. § 1820 specifically mandates the FDIC’s Board of Directors to administer the affairs of the corporation, appoint examiners and claims agents, conduct regular and special examinations of depository institutions, and prescribe regulations to carry out the chapter. The regulation 12 CFR Part 360 provides detailed rules about resolution and receivership, which directly implements these mandated duties, specifically regarding the handling of failed institutions as authorized by the statute.

Section 1820(g) provides broad rulemaking authority to the FDIC, stating it may “prescribe regulations to carry out this chapter” and “by regulation define terms as necessary to carry out this chapter.” It does not delineate a specific regulatory task or gap to be filled, therefore it’s a general authority delegation.

The statute authorizes the FDIC to prescribe regulations, but it does not mandate any specific regulation. 12 U.S.C. 1820(g) grants the FDIC the authority to prescribe regulations to carry out its chapter, which is used to inform the regulation.

The statute provides specific authority delegations. Several sections instruct the agency on specific regulatory tasks. For instance, subsection (d)(9) mandates that “The Federal Financial Institutions Examination Council shall issue guidelines establishing standards to be used at the discretion of the appropriate Federal banking agency for purposes of making a determination under paragraph (3).” Also, subsection (k)(4)(A) directs, “Each Federal banking agency shall prescribe rules or regulations to administer and carry out this subsection, including rules, regulations, or guidelines to define the scope of persons referred to in paragraph (1)(B).” These direct instructions, even if using relatively open-ended terms, qualify as specific authority delegations according to Hickman’s framework.

The statute directly mandates the regulation, particularly through subsection (g), which states, “Except to the extent that authority under this chapter is conferred on any of the Federal banking agencies other than the Corporation, the Corporation may””(1) prescribe regulations to carry out this chapter; and (2) by regulation define terms as necessary to carry out this chapter.” This provides explicit direction to create regulations to implement the statute.

This statute provides a mix of both specific and general authority delegations, depending on the subsection. Most subsections, especially within (c) and (d), delineate particular tasks, powers, or duties for the FDIC in its role as conservator or receiver. Subsection (a)(1)(F), regarding inflation adjustments, specifically instructs the Board of Directors and NCUA Board on how to jointly consider and prescribe standard maximum deposit insurance amounts.

The statute directly mandates the FDIC to insure deposits of insured depository institutions, as stated in subsection (a)(1)(A): “The Corporation shall insure the deposits of all insured depository institutions as provided in this chapter.” This is a direct mandate.

Subsection (g) states, “Except to the extent that authority under this chapter is conferred on any of the Federal banking agencies other than the Corporation, the Corporation may””(1) prescribe regulations to carry out this chapter; and (2) by regulation define terms as necessary to carry out this chapter.” This is a broad grant of rulemaking authority without specifying particular regulatory tasks or gaps to be filled, thereby falling under Kristin Hickman’s definition of a General Authority Delegation. While specific sections of the statute mandate certain actions, this particular grant is broadly applicable to the entire chapter.

12 U.S. Code § 1820(g) explicitly authorizes the FDIC to prescribe regulations to carry out the chapter, which provides a foundation for regulations concerning the administration of the corporation.

12 U.S. Code § 1820(k)(4)(A) specifically instructs each Federal banking agency to prescribe rules or regulations to administer and carry out subsection (k), including defining the scope of persons referred to in paragraph (1)(B). This is a clear instruction on a specific regulatory task.

12 U.S. Code § 1820(k)(4)(A) states: “Each Federal banking agency shall prescribe rules or regulations to administer and carry out this subsection, including rules, regulations, or guidelines to define the scope of persons referred to in paragraph (1)(B).” Therefore, 12 CFR Part 336 is authorized but not mandated by the statute.

The statute provides clear instructions to the FDIC about specific regulatory tasks, such as conducting regular and special examinations of insured depository institutions, examining affiliates, coordinating with other agencies, establishing examination systems, and issuing guidelines. While it does grant some discretion, the overall focus is on detailed tasks.

The statute directly mandates the FDIC to perform specific actions related to the administration and examination of depository institutions, including appointing examiners, conducting examinations, coordinating with other agencies, and issuing reports. The statute sets out a required frequency of examination and rules about which institutions are subject to examination. These are not merely authorized activities but required ones.

12 U.S.C. 1820(b) specifically concerns the examination powers of the FDIC, and Part 338, while concerning fair housing broadly, relates directly to examinations, recordkeeping, and advertising. It does not give general rulemaking authority; rather it delineates specific regulations in line with the FDIC’s mandated power to examine banks for adherence to Fair Housing laws.

12 CFR Part 338 explicitly cites 12 U.S.C. 1820(b) as its authority, indicating a direct mandate.