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While 12 U.S. Code § 1709 grants broad authority, many sections include specific instructions to the Secretary. For example, (b)(2) explicitly provides guidelines for mortgage limits, and (c)(1) directs the Secretary to fix premium charges within a specified range. Furthermore, a good deal of rulemaking hinges on “appropriate,” “reasonable,” or “necessary” for specific conditions, as seen in (b)(7) where the statute says the mortgage should “contain such terms and provisions with respect to insurance, repairs, alterations, payment of taxes, default, reserves, delinquency charges, foreclosure proceedings, anticipation of maturity, additional and secondary liens, and other matters as the Secretary may in his discretion prescribe.” Though the Secretary is given wide berth, it is expected to fill this role through policymaking.

The statute authorizes the Secretary to insure mortgages under certain conditions, but it doesn’t mandate that the Secretary do so in all circumstances. The Secretary has discretion in prescribing the terms for insuring mortgages and making commitments.

The statutory authority cited (12 U.S.C. 1702-1715z-21 and 42 U.S.C. 3535(d)) provides broad rulemaking authority to HUD related to mortgage insurance and the administration of housing programs, without specifying particular regulatory tasks. Therefore, the delegation is a General Authority delegation.

The statute 12 U.S.C. § 1706 has been repealed. However, the regulation 24 CFR Part 200 cites 12 U.S.C. 1702-1715z-21 as authority. While section 1706 is repealed, the other sections within that range provide general authorization for HUD to create regulations concerning FHA programs. The regulations are authorized by statute but not directly mandated by any single provision.

While the statute primarily defines terms, subsection (b) empowers the Secretary to approve successors and assigns of mortgagees. This constitutes a specific regulatory task, even though the terms are open-ended.

The statute defines terms related to mortgages, mortgagees, mortgagors, etc., and references the Secretary’s approval in the context of mortgagee successors. While not explicitly mandating specific regulations, it authorizes the Secretary to approve successors and assigns, implying a need for implementing regulations and procedures to manage this approval process.

While 12 U.S.C. 1707 primarily provides definitions, the definition of terms like “mortgage,” “mortgagee,” and “real estate” provide specific parameters for the Secretary to operate within. These parameters guide the application of single-family mortgage insurance programs, as the Secretary cannot approve mortgages that do not fall within the statute’s definition of a mortgage. The statute identifies specific aspects of mortgages that need to be defined and leaves to the Secretary to make more detailed interpretations via rulemaking.

The regulation, 24 CFR Part 203, cites 12 U.S.C. 1707 as its authority. 12 U.S.C. 1707 defines terms used in 12 U.S.C. 1709, and the definitions provided in 1707 directly impact the application and enforcement of mortgage insurance regulations. This is a direct mandate because the regulations are built upon the definitions provided by the statute.

The statute instructs the Secretary on specific regulatory tasks such as conducting actuarial studies, reporting to Congress, establishing an advisory board with specific member requirements, creating a mortgagee review board with defined powers, prescribing appraisal standards, and requiring specific use of names in advertising. While some terms like “appropriate premium adjustments” are open-ended, they are still within the context of a specific task of maintaining fund solvency. Subsection (d)(3) even says “The Secretary shall conduct a rulemaking to carry out this subsection.”

The statute directly mandates the creation of a Mutual Mortgage Insurance Fund and specific activities by the Secretary to manage and oversee it (e.g., actuarial studies, reports to Congress, adjusting premiums).

The statute provides specific instructions regarding the establishment, composition, authorized actions, and procedures of the Mortgagee Review Board. For instance, it details specific administrative actions the board can take (reprimand, probation, suspension, withdrawal), the process for notice and hearings, and the grounds for action. Subsection (d)(3) ‘Rulemaking and implementation The Secretary shall conduct a rulemaking to carry out this subsection.’ is a specific authority to create the eligibility approval requirements. These constitute a specific regulatory task instructing the agency in precise regulatory actions.

The regulation, 24 CFR Part 25, is explicitly authorized and directly mandated by 12 U.S.C. 1708(c) and (d), and 1709(s), among other authorities, as indicated in the regulation’s Authority section. These subsections establish the Mortgagee Review Board and grant the Secretary the power to take actions against mortgagees violating FHA requirements.

While the initial authorization uses broad terms like “terms and conditions as he may prescribe”, the statute provides detailed instructions on specific regulatory tasks. For example, it authorizes the Secretary to prescribe minimum property standards for manufactured homes, to annually index loan limits, and to establish underwriting criteria to ensure the financial soundness of the program, all of which fall under specific authority.

24 CFR Part 201 is explicitly listed as being authorized by 12 U.S.C. 1703, indicating a directly mandated relationship.

While the statute grants the Secretary broad authority to insure financial institutions, it also delineates specific regulatory tasks, such as prescribing minimum property standards for manufactured homes, establishing underwriting criteria, annually indexing loan limits, and defining key terms like “fire safety equipment” and “energy conserving improvements.” Although open-ended terms are used (e.g., “terms and conditions as he may prescribe”), the statute directs the agency to act in specific regulatory areas and tasks.

The statute explicitly authorizes the Secretary to insure financial institutions under specific terms and conditions that the Secretary prescribes, directly mandating a regulatory relationship.

While the statute grants broad authority to the Secretary to insure financial institutions and prescribe terms and conditions, it also includes specific directives. For example, the statute directs the Secretary to (i) prescribe minimum property standards for manufactured homes, (ii) obtain assurances regarding site compliance, (iii) index loan limits annually, and (iv) establish underwriting criteria to ensure the financial soundness of the manufactured housing program. It also mandates the Secretary to make regulations to carry out the subchapter. The presence of these specific, task-oriented instructions places this delegation under the “Specific Authority Delegations” category. It goes beyond a simple broad grant and singles out tasks with reasonable terms and conditions the agency must address.

The regulation at 24 CFR Part 30 implements and interprets several statutes, including 12 U.S.C. § 1703. The regulation’s authority section explicitly cites 12 U.S.C. 1703, indicating that the regulation is directly mandated by the statute to some degree, particularly concerning civil money penalties for prohibited conduct.

The statutes listed in the authority section of 24 CFR Part 200 (12 U.S.C. §§ 1702-1715z-21 and 42 U.S.C. 3535(d)) provide broad authority to HUD to establish and administer FHA programs related to mortgage insurance, property standards, and fair housing. While these statutes define the overall goals and scope of the FHA programs, they do not provide specific instructions on how HUD should regulate every aspect of these programs. Instead, HUD is given broad discretion, which falls under General Authority delegations.

While 12 U.S.C. § 1704 itself is repealed, the regulation 24 CFR Part 200 is authorized by 12 U.S.C. §§ 1702-1715z-21 (among other citations). These sections relate to the Federal Housing Administration’s (FHA) authority to implement mortgage insurance programs. Therefore, while the specific section is repealed, the regulation is authorized by other provisions within Title 12 related to housing and urban development, but not directly mandated by them. The agency (HUD) has discretion to determine the specifics of these programs.

The statute provides broad discretion to the President in allocating funds. It doesn’t prescribe specific regulatory tasks or gaps that the agency (through the Secretary) must address through rulemaking. The phrase “for the purposes of carrying out the provisions of this subchapter and subchapters II and III” indicates a broad goal, but not a specific directive tied to rulemaking.

The statute authorizes the President, at his discretion, to allocate funds to the Secretary for carrying out the provisions of subchapters I, II, and III. This implies that while the President is authorized to provide funds, it is not mandated. The regulations under 24 CFR Part 200 are broadly related to FHA programs, which are likely funded in part by these allocated funds. The regulations concern the implementation and operation of these FHA programs, which can be considered authorized, but not mandated by this statute alone.

While 12 U.S.C. § 1701x provides broad authorization for the Secretary to provide information, advice, and technical assistance related to low- and moderate-income housing, it also lays out specific areas in which the Secretary should act (e.g., constructing, rehabilitating, and operating low- and moderate-income housing, providing counseling to tenants and homeowners, and providing technical assistance to communities). Because the statute instructs the agency on specific regulatory tasks, this would classify it as Specific Authority.

24 CFR Part 578 explicitly cites 12 U.S.C. 1701x as one of its authorities. Therefore, the regulation is directly mandated by the statute.

The statute provides the Secretary with broad authority to provide information, advice, and technical assistance through contracts and grants for low- and moderate-income housing initiatives. While the statute provides examples of assistance, the overall delegation is broad and does not instruct the Secretary on specific regulatory tasks. The statute does however contain elements of Specific Authority, such as mandating standards for entities to receive assistance and the actual provision of certain types of services in some cases. On balance, the authority is better categorized as “General Authority”

The statute authorizes the Secretary to provide various forms of assistance related to housing for low- and moderate-income families, but does not mandate specific regulations. The Secretary has discretion in how to implement the statute’s provisions.

The statute grants the Secretary broad rulemaking authority to “establish such agencies, accept and utilize such voluntary and uncompensated services, utilize such Federal officers and employees…and appoint such other officers and employees as he may find necessary, and may prescribe their authorities, duties, responsibilities, and tenure and fix their compensation” to carry out the provisions of the specified subchapters. This is a general delegation of authority to implement the statute, without identifying particular regulatory tasks or gaps.

The statute authorizes the Secretary to establish agencies and prescribe their authorities, duties, and responsibilities “in order to carry out the provisions of this subchapter and subchapters II, III, V, VI, VII, VIII, IX-B, and X.” This is a broad authorization, but not a direct mandate to issue specific regulations.

While the statute uses broad language such as “terms and conditions as he may prescribe,” it also clearly delineates specific regulatory tasks and gaps to be filled by the Secretary, including prescribing minimum property standards for manufactured homes, establishing underwriting criteria, indexing manufactured housing loan limits, defining terms (like “fire safety equipment”, “energy conserving improvements”), and waiving compliance with regulations under certain conditions. These instructions are specific enough to fall under the “Specific Authority” delegation category, as they instruct the agency on concrete regulatory areas even with open-ended terms.

The statute authorizes the Secretary to insure financial institutions, but does not mandate that they do so. The specific terms and conditions of that insurance are left to the discretion of the Secretary.

The statute provides specific instructions for the Secretary to develop and implement a program for insuring financial institutions against losses, including prescribing terms, conditions, and minimum property standards. While some terms like “such terms and conditions as he may prescribe” and “assurances from the borrower that the manufactured home will be placed on a site which complies with the standards prescribed by the Secretary” are open-ended, they still relate to specific regulatory tasks within the broader framework of insuring financial institutions. There are several instances that mandate what the secretary “shall” do (shall develop a method of indexing)

The statute explicitly authorizes and empowers the Secretary to insure financial institutions, directly mandating the establishment of an insurance program.

The statute provides specific instructions on regulatory tasks. Subsection (e)(2) mandates that the Secretary, by regulation, shall establish standards and procedures for testing and certifying counselors and organizations. The language uses the term “shall” which indicates a clear instruction. Subsection (g)(1)(A) also indicates the Secretary “shall establish, coordinate, and monitor the administration…of counseling procedures”. While some authority is granted by authorizing HUD to act as the Secretary deems appropriate (using terms like “appropriate” and “necessary”), the statute is largely focused and specific.

The statute explicitly authorizes the Secretary of HUD to provide information, advice, and technical assistance related to housing for low- and moderate-income families, and further instructs the Secretary to issue regulations to carry out certain provisions. The regulation (24 CFR Part 214) directly implements this mandate by establishing the Housing Counseling Program and detailing its requirements, thereby establishing a direct link.

While the statute provides broad authorization for the Secretary to offer assistance and make grants, it also specifies particular activities, requirements, and definitions. Subsection (e)(2) “Standards and examination” clearly instructs the agency to establish standards and procedures for testing and certifying counselors and for certifying organizations,” thus falling under Specific Authority.

The statute authorizes the Secretary to provide information, advice, and technical assistance related to housing for low- and moderate-income families, and explicitly directs the Secretary to issue regulations necessary to carry out certain subsections, directly mandating a statute-regulation relationship. 24 CFR Part 5 is issued under authority 12 U.S.C. 1701x and provides definitions and requirements regarding HUD programs, and thus is directly mandated by the statute.

This statute is a specific authority delegation because it instructs the Secretary of Housing and Urban Development to provide assistance with respect to housing for low- and moderate-income families, and defines the scope of assistance, the qualified entities to receive assistance under this paragraph, and limitations on that assistance to entities that have been convicted under Federal law relating to an election for Federal office.

12 U.S.C. 1701x is explicitly listed as the authority for 24 CFR Part 570 in the “Authority” section at the end of the preamble for the regulations. This signifies a direct mandate because the regulation is written in service of this statute.

The statute provides broad rulemaking authority in certain areas, however, with the addition of section (g), the statute clearly instructs the agency on establishing specific programs and activities, such as counseling procedures, certification of software, and national multimedia campaigns and in (c)(7) concerning grants for homeownership counseling organizations. This specificity moves it into the Specific Authority Delegations category, even though some sections may have broader language.

While the statute authorizes the Secretary to provide assistance, it does not mandate any specific regulation. The statute authorizes the Secretary to take certain actions, but doesn’t require the creation of regulations to implement these actions, although the Secretary is authorized to make regulations to carry out (c)(7). The regulation 24 CFR Part 574 relates to the provision of housing opportunities for persons with AIDS, which aligns with the broader goal of providing housing and related assistance, but is not directly mandated by 12 U.S. Code § 1701x. The statute does allow for a range of information dissemination and technical assistance related to construction, rehabilitation, and operation of low- and moderate-income housing, including making grants.

While the statute uses broad terms such as “advice” and “technical assistance,” it clearly instructs the agency (Secretary of Housing and Urban Development) to provide specific types of assistance (information dissemination, counseling, technical assistance to communities), fitting the Specific Authority Delegation category. In addition, the statute provides detailed requirements with respect to several aspects of home ownership and rental counseling.

12 U.S.C. § 1701x is explicitly listed as the authority for 24 CFR Part 576 in the CFR’s authority section. This directly mandates the regulation.

While subsection (b) provides a “General authority,” the statute contains specific guidance regarding how the assistance is to be provided, the forms of assistance, eligible uses for the assistance, and the types of organizations eligible to receive the assistance. Subsequent sections delineate application requirements, selection criteria, tenant selection, and other requirements, instructing and limiting the Secretary’s discretion. The presence of open-ended terms like “necessary” and “appropriate” within these specific instructions does not negate the overall specificity of the authority delegated.

The statute explicitly authorizes the Secretary to provide assistance and outlines the forms such assistance shall take (capital advances and project rental assistance). While the Secretary has some discretion in implementation, the statute directly mandates the provision of assistance for supportive housing for the elderly.

Subsection (g) of 12 U.S. Code § 1701s states “The Secretary is authorized to make such rules and regulations, to enter into such agreements, and to adopt such procedures as he may deem necessary or desirable to carry out the provisions of this section.” This is a clear instruction to the agency to make rules to carry out the statute’s specific goal of providing rent subsidies. While broad, it focuses on implementing the specific objectives of the statute.

24 CFR Part 208 explicitly cites 12 U.S.C. 1701s as its authority. This indicates the regulation is directly mandated by the statute.

While §1701s provides authority to the Secretary of HUD to make rules and regulations “as he may deem necessary or desirable to carry out the provisions of this section”, it doesn’t specifically instruct the agency to create eviction regulations. The statute is primarily focused on authorizing rent supplements and defining eligibility, not detailing specific procedures for handling evictions, which are addressed in the regulation. Therefore, it falls under General Authority delegation.

The regulation 24 CFR Part 247 explicitly lists 12 U.S. Code § 1701s in its authority citation. This indicates that the regulation is authorized by the statute, but the statute does not mandate the specific eviction procedures outlined in the regulation. The statute allows the Secretary to make payments and manage housing, and this can be interpreted to include regulations around eviction; however, the statute does not directly order the creation of these eviction regulations.

While the statute contains some broad language, it also clearly instructs the agency on specific regulatory tasks. Specifically, Section 1701u(c) and (d) mandate that the Secretary require public and Indian housing agencies and other housing and community development assistance programs to prioritize training, employment, and contracting opportunities for low- and very low-income persons. The statute creates regulatory tasks the agency is required to address, using the language “…the Secretary shall require…” This qualifies as a specific authority delegation.

The regulation, 24 CFR Part 75, explicitly cites 12 U.S.C. 1701u in its authority section, indicating a direct mandate from the statute to create regulations implementing its provisions. Section 1701u(g) states, “Not later than 180 days after October 28, 1992, the Secretary shall promulgate regulations to implement this section.”