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While Section 1701x provides broad authority to the Secretary of HUD, it also contains numerous specific instructions regarding how that authority should be exercised. For example, it details specific elements to be included in homeownership counseling (c)(2)(C) “financial management, available community resources, and employment training and placement” and establishes standards for materials used by counseling organizations (g)(2). Also (e)(2) mandates specific areas in which counselor competence must be demonstrated and evaluated by written exam. Even when using terms like “appropriate,” “necessary,” or “reasonable,” the statute often provides context that narrows the scope of agency discretion and provides specific details.

Several parts of the statute explicitly instruct the Secretary to issue regulations, for example, subsection (c)(7) “The Secretary shall issue any regulations that are necessary to carry out this subsection” and subsection (e)(2) “The Secretary shall, by regulation, establish standards and procedures for testing and certifying counselors and for certifying organizations.” These are direct mandates, establishing a direct statute-regulation relationship.

While 12 U.S.C. § 161 requires associations to make reports to the Comptroller, it also grants broad discretion to the Comptroller to prescribe the form and content of those reports and call for additional reports. The statute does not define specific regulatory tasks but provides broad authority to the Comptroller regarding reporting requirements. This falls under the definition of a “General Authority” delegation, even with the usage of terms like “necessary” in the original text.

12 U.S.C. § 161 is explicitly cited as authority for 12 CFR Part 52, thus the regulation is directly mandated by the statute.

The statute provides a clear mandate to the Comptroller of the Currency, establishing a specific penalty regime and the processes for its implementation. The statute defines different tiers of penalties based on the nature of the violation (inadvertent error, recklessness, etc.) and explicitly directs the Comptroller on how to assess and collect these penalties, including the process for hearings. Thus, this fits Hickman’s “Specific Authority Delegation” category.

12 U.S.C. § 164 is directly mandated because it establishes penalties for failure to comply with reporting requirements under 12 U.S.C. § 161, explicitly assigning the Comptroller of the Currency the duty to assess and collect these penalties and to conduct a hearing. The regulation, 12 CFR Part 19, includes 12 U.S.C. § 164 in its authority citation, meaning the regulation directly stems from the statutory mandate regarding penalties for failing to make required reports.

The statute, 12 U.S.C. § 164, clearly instructs the Comptroller of the Currency on the specific regulatory task of assessing and collecting penalties for failures related to reporting requirements. It outlines different tiers of penalties and procedures for assessment, referencing other sections for further guidance. This constitutes a specific authority delegation.

12 U.S.C. § 164 directly mandates penalties for failure to make reports as required by the Comptroller of the Currency under section 161. The regulation, 12 CFR Part 308, specifically references 12 U.S.C. § 164 in its authority citation and contains Subpart H, which relates to assessment and collection of civil money penalties, including call report penalties. This shows a direct mandate to create procedures for assessing these penalties.

While subsection (b) contains broad language about providing assistance, the statute goes on to specify (in subsequent subsections) what that assistance can look like and includes specific tasks, such as establishing selection criteria (f), ensuring a range of services tailored to the needs of the elderly (g), establishing reasonable development cost limitations (h), and adopting written tenant selection procedures (i). The language using “shall” and the specification of what the secretary “shall” do indicates that there is instruction on specific regulatory tasks or gaps that Hickman references.

The statute explicitly authorizes the Secretary to provide assistance for supportive housing for the elderly, but it does not mandate that the Secretary do so. The language “The Secretary is authorized to provide assistance…” indicates permission, not a requirement.

The statute contains numerous provisions that clearly instruct the Secretary of Housing and Urban Development on how to carry out specific regulatory tasks, including establishing selection criteria for assistance, setting development cost limitations, establishing application procedures, and providing a range of supportive services. Though terms like “appropriate,” “necessary,” and “reasonable” are used, they fall under the “Specific Authority” categorization as they are used within the context of very clearly defined regulatory mandates. For example: “(e) Applications Applications for assistance under this section shall be submitted by an applicant in such form and in accordance with such procedures as the Secretary shall establish.”

24 CFR Part 70, the regulation, explicitly references 12 U.S.C. 1701q(c)(3) in its authority citation, indicating that it directly implements a provision within the statute.

While the statute provides the Comptroller discretion regarding the form and content of reports, and the circumstances under which special reports are required, the statute clearly and specifically instructs the agency on a regulatory task, namely, to collect reports from national banking associations and their affiliates. The statute lays out required reports and gives explicit direction.

12 U.S.C. § 161(a) explicitly states “Every association shall make reports of condition to the Comptroller of the Currency in accordance with the Federal Deposit Insurance Act.” Also, 12 U.S.C. § 161 is explicitly listed as an authority for 12 CFR Part 4. This directly mandates reporting.

The statute grants the Comptroller broad rulemaking authority over bank reporting requirements, but does not explicitly identify the regulatory task of credit risk retention. The statute’s language, “in such form and containing such information as he may prescribe,” gives the Comptroller considerable discretion, fitting the definition of a general authority delegation.

12 U.S.C. § 161 is cited as authority for 12 CFR Part 43. While §161 provides the Comptroller of the Currency with broad authority related to bank reporting, it doesn’t mandate the specific credit risk retention regulations found in Part 43. The statute authorizes the agency to request reports and prescribe their form, which can be interpreted to include the information needed to implement credit risk retention rules, it does not explicitly require these specific rules.

While 12 U.S.C. § 161 provides broad authority to the Comptroller to request reports, it also specifically instructs the agency regarding the type of information to be collected (reports of condition, payment of dividends, reports of affiliates) and the purpose for collecting such information (performance of supervisory duties, enabling the Comptroller to inform himself as to the effect of such relations upon the affairs of such bank). This fits within the “Specific Authority Delegations” category under Hickman’s framework, especially given the use of “necessary” as a term guiding the Comptroller’s discretion.

12 U.S.C. § 161 is listed as an authority for 12 CFR Part 44. The statute directly mandates the Comptroller of the Currency to collect reports and information, which this regulation utilizes for the reporting and recordkeeping requirements.

The statute provides specific instructions regarding the types of reports the Comptroller can request (reports of condition, reports of dividends, reports of affiliates). While some discretion is left to the Comptroller regarding the form, content, and timing, the statute clearly outlines the specific regulatory tasks related to obtaining these reports. The statute specifically notes that such actions are necessary for supervisory duties and to carry out the purposes of laws relating to national banking associations.

12 U.S. Code § 161 explicitly authorizes the Comptroller of the Currency to call for additional reports of condition and special reports, but does not mandate the specific content or frequency of those reports beyond the reports mandated under the Federal Deposit Insurance Act. Therefore, the regulations are authorized but not directly mandated.

The statute specifically instructs the Comptroller regarding what to regulate: reports of condition, dividend payments, and affiliate relationships. While the Comptroller is given discretion over the form, contents, and timing of these reports, the statute clearly directs the agency to regulate in this specific area. The phrase “in such form and containing such information as he may prescribe” provides specific guidance, not a broad invitation to rulemaking on any topic.

12 U.S.C. § 161 authorizes the Comptroller of the Currency to call for reports from associations, including additional reports with information he prescribes and reports of dividend payments. While it mandates certain reports, the Comptroller has discretion over the form, content, timing, and necessity of additional reports. Therefore, while reports are mandated, the regulation of those reports is authorized but not directly mandated in every detail.

The statute specifically instructs the Comptroller of the Currency to obtain reports regarding the condition, dividends and affiliates of national banking associations, to prescribe their form and content, and to set the dates for their submission. Although the statute uses terms like “necessary” and “in his judgment,” it outlines a specific regulatory task: the collection and monitoring of bank reports.

12 U.S.C. § 161 is explicitly cited in the authority section of 12 CFR Part 21. The statute mandates reports to the Comptroller of the Currency and grants the Comptroller authority to prescribe the form and content of these reports. This directly mandates the regulatory activity related to reporting requirements and suspicious activities.

The statute 12 U.S.C. § 161 explicitly instructs the Comptroller of the Currency to obtain reports of condition from associations, specifying the form, contents, and timing of these reports. This is a clear instruction on a specific regulatory task. While the Comptroller has some discretion (e.g., in prescribing the form of the reports), the statute mandates the overall reporting requirement.

12 U.S.C. § 161 is explicitly listed in the authority section of 12 CFR Part 25. This indicates that the regulation is directly mandated by the statute.

The statute specifically instructs the Comptroller of the Currency to oversee reports of condition, including the form and content. While the statute provides the Comptroller of the Currency discretion over “additional reports” that are “necessary for his use in the performance of his supervisory duties” which is open ended, such open-ended language is considered Specific Authority per Hickman. The CFR Part 27 implements reporting requirements related to fair housing.

12 U.S.C. § 161(a) explicitly states that “Every association shall make reports of condition to the Comptroller of the Currency in accordance with the Federal Deposit Insurance Act.” and 12 U.S.C. § 161 provides that the Comptroller of the Currency may prescribe the form and content of these reports. The CFR Part 27 implements reporting requirements related to fair housing, which falls under the broad umbrella of “reports of condition,” making the regulation directly mandated by the statute.

The statute gives the Comptroller of the Currency the power to prescribe the form, content, and timing of reports from national banking associations and their affiliates. This is a specific regulatory task outlined in the statute.

12 U.S.C. § 161 is explicitly listed as an authority for 12 CFR Part 28. This means that the statute directly mandates or at least explicitly authorizes the regulation.

The statute explicitly instructs the Comptroller of the Currency to collect specific reports, in such form and containing such information as he may prescribe. The statute clearly instructs the agency on a specific regulatory task or gap and even uses open-ended terms like “necessary” and “prescribe”

The statute (12 U.S.C. § 161) directly mandates that associations make reports of condition to the Comptroller of the Currency, referencing the Federal Deposit Insurance Act. The statute also grants the Comptroller authority to request additional and special reports, specifying the form and content. Thus, the relationship is directly mandated.

The statute provides specific guidance on the regulatory task: restricting transactions between savings associations and their affiliates and restricting extensions of credit. It uses terms like “necessary to protect the safety and soundness of the savings association,” which aligns with the definition of specific authority even though the language allows for agency discretion.

12 U.S.C. § 1468(a)(4) explicitly states that “The appropriate Federal banking agency may impose such additional restrictions on any transaction…” indicating that the agency is authorized to create regulations, but not mandated to do so. Also, 12 U.S.C. § 1468(b)(2) states “The appropriate Federal banking agency may impose such additional restrictions on loans or extensions of credit…”

Subsection (a)(4) and (b)(2) specifically authorize the “appropriate Federal banking agency” to impose “additional restrictions” on transactions with affiliates and extensions of credit to insiders to protect the safety and soundness of savings associations. This is a clear instruction to the agency regarding a specific regulatory task.

12 U.S.C. § 1468 is listed as an authority for 12 CFR Part 31 in the “Authority” section. This indicates that the regulation is directly mandated by the statute.

While the statute does provide broad discretion to the “appropriate Federal banking agency” to impose additional restrictions to protect the safety and soundness of savings associations, this discretion is centered around specific regulatory tasks. The agency is explicitly instructed to regulate transactions with affiliates and extensions of credit to insiders to prevent unsafe and unsound banking practices, indicating a Specific Authority delegation under Hickman’s framework. The statute outlines specific areas of concern and authorizes the agency to implement additional restrictions deemed necessary.

12 U.S.C. 1468 is explicitly listed as an authority for 12 CFR Part 337. Additionally, section 1468 directly concerns transactions with affiliates and extensions of credit, which are topics covered in Part 337, particularly in § 337.3 concerning extensions of credit to insiders.

The statute specifically directs the agency to collect assessments, fees, or other charges, laying out the permissible sources and factors to be considered. While the language uses open-ended terms like “necessary or appropriate,” it is instructing the agency on a particular regulatory task: funding the Office of the Comptroller of the Currency.

The statute authorizes the Comptroller of the Currency to collect fees to fund the Office, but it does not mandate specific regulations to be created. The Comptroller has discretion in determining what is “necessary or appropriate.”

The statute specifically instructs the agency (Comptroller of the Currency) on the regulatory task of collecting fees, assessments, and charges from specific entities (described in section 1813(q)(1) of this title) to fund the operations of the Office of the Comptroller of the Currency. While using terms like “necessary or appropriate”, it clearly directs the agency to collect fees based on specific considerations related to the regulated entities.

The statute, 12 U.S.C. § 16, explicitly authorizes the Comptroller of the Currency to collect assessments, fees, or other charges to carry out its responsibilities. The regulation, 12 CFR Part 8, implements this authority by establishing the framework for assessment of these fees. Therefore, the regulation is directly mandated by the statute.

While the statute grants broad authority to regulate savings and loan holding companies, it also specifies particular areas where regulations are required, detailing the type of regulations and orders and even aiming toward countercyclical requirements. The statute provides specific regulatory tasks.

This statute directly mandates regulations concerning savings and loan holding companies. Numerous subsections explicitly authorize the Board to issue regulations and orders to administer and carry out the purposes of the section.

While some subsections provide relatively specific instructions, subsection (g)(1) broadly authorizes the Board to “issue such regulations and orders as the Board deems necessary or appropriate to enable the Board to administer and carry out the purposes of this section, and to require compliance therewith and prevent evasions thereof.” This is a broad grant of rulemaking authority without specifying particular regulatory tasks, so it falls under General Authority. Further, the statute, in numerous places uses language such as “as the Board may prescribe” when detailing report requirements, the content of forms, etc.

The statute authorizes the Board (formerly the Director of OTS) to issue regulations and orders to administer and carry out the purposes of the section, but it does not mandate specific regulations for every aspect.

While 12 U.S.C. § 1468 incorporates by reference sections of the Federal Reserve Act, it also grants the “appropriate Federal banking agency” authority to impose “additional restrictions” on transactions and loans. This is a specific delegation because it identifies a precise regulatory task: imposing additional restrictions on certain transactions related to affiliates and insiders, for the explicit purpose of protecting the safety and soundness of the savings association. The statute uses “necessary” which is an open ended term.

The statute (12 U.S. Code § 1468) directly mandates certain regulations regarding affiliate transactions and extensions of credit to executive officers, directors, and principal shareholders of savings associations. Specifically, it applies sections of the Federal Reserve Act to savings associations as if they were member banks, and authorizes additional restrictions to protect safety and soundness.

12 U.S.C. § 1468(a)(4) grants the appropriate Federal banking agency the authority to impose additional restrictions on transactions between savings associations and their affiliates. 12 U.S.C. § 1468(b)(2) grants the appropriate Federal banking agency the authority to impose additional restrictions on loans or extensions of credit to any appropriate Federal banking agency or executive officer of any savings association. These are specific directives, indicating the legislature’s intent for the agency to address particular issues related to affiliate transactions and insider lending to maintain the safety and soundness of savings associations. 12 U.S.C. § 1468(d) describes specific conditions the Comptroller and FDIC may determine exemptions.

The regulation (12 CFR Part 223) explicitly cites 12 U.S.C. § 1468(a) in its “Authority” section. This demonstrates a direct mandate from the statute for the regulation, specifically concerning transactions between savings associations and their affiliates.