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The statute specifies regulatory tasks, such as establishing minimum security standards and regulating share draft accounts, thus it is a specific authority delegation. Furthermore, 12 U.S.C. 1785(a)(2) “The Board 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 also demonstrates the Specific Authority delegation category.
The statute explicitly instructs the agency on a specific regulatory task: examining insured credit unions to determine their condition for insurance purposes. While the statute uses broad terms like “necessary,” it directly relates to ensuring the financial health and stability of credit unions, which falls within the scope of specific authority even when using open-ended terms.
While Section 1784 focuses on examinations, the regulation cites it and other sections as authority. These sections outline specific powers and duties related to credit union operations and the protection of member accounts, including aspects of lending and the overall safety and soundness of credit unions. Because the regulation implements a specific program (Community Development Revolving Loan Fund) connected to these enumerated powers, it falls under Specific Authority. The “Authority” section for 12 CFR Part 705 explicitly lists 12 U.S.C. 1784, demonstrating that the agency is drawing authority from this section, along with others, to implement the regulation.
While § 1784 provides specific powers regarding examination and investigation, it doesn’t explicitly delineate specific regulatory tasks related to CUSOs. The regulation of CUSOs is an exercise of the Board’s broader authority to supervise and ensure the safety and soundness of credit unions, making it a general authority delegation.
The statute instructs the agency on a specific regulatory task: examining credit unions and ensuring compliance with flood insurance, assessing liquidity, and sharing information. While the terms used in this task grant discretion to the Board, they fall under the “Specific Authority” delegation category as these terms are used in relation to a clearly defined goal.
The statute clearly instructs the NCUA Board on specific regulatory tasks, such as appointing examiners, conducting examinations of credit unions, and reporting on flood insurance compliance. While some discretion exists in how these tasks are carried out, the core regulatory activities are explicitly defined.
While the statute does provide some broad authority, it often delineates specific regulatory tasks the Board must undertake. Examples include the audit standards in (a)(6)(A) or the restoration plan in (c)(2)(D), which clearly instruct the agency.
The statute provides specific instructions to the NCUA Board to implement regulatory tasks, such as setting the form and information required in reports of condition, prescribing audit standards, and determining procedures for adjusting insured credit union deposits and calculating insurance premiums. Though terms like “may require” and “as the Board prescribes” are used, the regulatory tasks and gaps are still explicitly identified within the statute.
12 U.S.C. § 1783 specifically instructs the NCUA Board on the regulatory task of managing the National Credit Union Share Insurance Fund, including its creation, use, and investment. It provides specific direction concerning loans, interest rates, and reporting requirements. Although some aspects involve the Board’s judgment (e.g., “as it may determine to be proper”), this falls within the acceptable bounds of “specific authority delegations” as defined by Hickman.
The statute, particularly subsection (a), speaks to carrying out the “purposes of this subchapter,” which includes insurance payments and liquidation assistance. While “carrying out the purposes” is somewhat broad, it is tied to specific regulatory tasks already defined elsewhere in the subchapter. Furthermore, the statute mentions “administrative and other expenses,” implying the need for regulations regarding how the Fund is used for administrative purposes like record keeping, which is precisely what Part 749 addresses. The reference to 15 U.S.C. 7001(d), an authority for the electronic signatures in global and national commerce act, in the authority section of the regulation is also a specific task mandated in the statute, therefore it is a specific authority delegation.
The statute provides broad authority to the Board to examine credit unions and investigate their compliance with laws and regulations. While specific tasks are outlined in the statute (e.g., flood insurance compliance), the overall framework grants substantial discretion to the Board, lacking specific regulatory tasks, thus falling under the “General Authority” delegation.
The statute provides specific instructions to the Board on regulatory tasks such as prescribing the form and content of reports of condition, establishing audit standards, and addressing unacceptable accounting principles. Although using open-ended terms like “require,” “appropriate,” and “necessary,” the regulatory tasks are specifically identified within the statutory text.
This statute provides numerous Specific Authority Delegations to the NCUA Board. Examples include the power to determine the form and information required in reports of condition (subsection a(1)), setting audit standards (subsection a(6)(A)), determining procedures for adjusting deposit amounts to reflect changes in insured shares (subsection c(1)(A)(iii)), determining the timing of insurance premium payments (subsection c(2)(A)), and establishing procedures for the return of deposits and valuation methods (subsection c(1)(B)(ii)). These delegations are all directly tied to specific tasks related to the administration of the insurance fund.
The statute clearly instructs the NCUA Board on the specific regulatory task of administering the insurance fund, requiring reports of condition, determining premium charges, and establishing audit standards for credit unions. While terms like “may require” and “procedures determined by the Board” introduce some discretion, the overall framework and the specific requirements are clearly defined, falling under the category of Specific Authority Delegation.
12 U.S.C. 1782(a)(6)(A) clearly instructs the agency (the Board) to prescribe “audit standards” for certain credit unions under specific conditions (e.g., lacking an annual supervisory committee audit). This is a directive to address a specific regulatory gap, using mandatory language (“shall prescribe”).
The statute provides clear instructions on specific regulatory tasks. Examples include prescribing audit standards for certain credit unions (section (a)(6)(A)), defining accounting principles (section (a)(6)(C)), setting premium charges for insurance (section (c)(2)), and determining procedures for adjusting deposit amounts (section (c)(1)(A)(iii)). These are all specific tasks, even though the language uses terms like “require,” “appropriate,” or “determined by the Board,” which Hickman notes are permissible under Specific Authority Delegations.
While 12 U.S.C. § 1781 discusses insurance of member accounts in broad terms, it specifically instructs the Board to ensure member accounts, determine eligibility, and consider various factors in approving applications. It uses terms like “reasonable cost” and implicitly authorizes regulations related to reserves and account types.
While the statute provides broad authority related to insuring member accounts, it also outlines very specific requirements related to examination, reserves, forms of securities, and compliance. 12 U.S.C. § 1781(b)(9) explicitly authorizes the Board to prescribe regulations pursuant to the requirements of the subchapter. The regulation here governs accuracy of advertising related to insurance, which is a task made necessary by, and clearly related to, the statutory requirement to insure member accounts.
The statute provides very specific instructions and parameters for the NCUA Board. It outlines eligibility criteria for insurance, application processes, factors for approval or disapproval, and required agreements by applicants. The level of detail goes beyond simply authorizing the Board to regulate; it dictates specific elements that the regulations must address.
The statute provides clear instructions and specific regulatory tasks. For instance, 12 U.S.C. § 1781(b)(6) refers to the Board’s authority to require “special reserves… by regulation,” directly linking the statute to potential regulatory action related to reserve requirements. Furthermore, 12 U.S.C. § 1781(b)(7) grants the Board the authority to approve or disapprove of the “form” of any “account or security…by regulation.”
12 U.S.C. § 1781(b)(9) states credit unions must “comply with the requirements of this subchapter and of regulations prescribed by the Board pursuant thereto”. While this clause discusses compliance, it also gives the board the power to write regulations. Given the multiple subparts with a varied scope of NCUA Board Procedure, NCUA Rules and Regulations, Public Observation of NCUA Board Meetings Under the Sunshine Act, and Use of Supervisory Guidance, Part 791 regulations are not narrowly focused, therefore the statute is considered a general delegation of authority.
The statute specifically instructs the Board regarding its duty to furnish the Secretary of Treasury with information on Federal credit unions, as well as designating the Secretary of Treasury to decide whether Federal credit unions act as fiscal agents or depositories. The statute authorizes a specific power to be implemented by both the Board and the Secretary of Treasury.
12 U.S.C. § 1767 specifically authorizes the Secretary of the Treasury to prescribe regulations concerning federal credit unions acting as depositories of public money. This is a specific regulatory task, even though broad terms like “services as the Secretary of the Treasury may require” are used.
12 U.S.C. § 1767 provides a specific regulatory task, namely, authorizing Federal credit unions to act as fiscal agents and depositories of public money when requested by the Secretary of the Treasury and authorizes the pledging of assets for funds deposited by the Federal government, an Indian tribe, or any State or local government. While the Secretary of Treasury has broad authority to prescribe regulations, it is a clearly instructed power.
The statute instructs the Secretary of the Treasury and the Board regarding specific tasks related to Federal Credit Unions acting as fiscal agents, including the collection of taxes, lending of money, and designation as depositories. It details the role of Federal Credit Unions with sufficient clarity, falling under the Specific Authority Delegation category.