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While the statute incorporates existing regulations, the crucial element is the authorization for the “appropriate Federal banking agency” to impose additional restrictions. This is a specific delegation because it explicitly directs the agency to act if it “determines to be necessary to protect the safety and soundness of the savings association”. The statute identifies the regulatory task: adding restrictions on affiliate transactions and insider lending. The “appropriate”, “reasonable”, or “necessary” terms are used for a clearly defined task.

While the statute incorporates sections of the Federal Reserve Act directly, 12 U.S.C. § 1468(a)(4) and (b)(2) authorize the “appropriate Federal banking agency” to impose additional restrictions on transactions with affiliates and extensions of credit to insiders, if deemed necessary for safety and soundness. The existence of discretion and the term “may” suggests authorization but not a mandate.

The statute provides detailed instructions to the Board regarding the registration, reporting, examination, and activity restrictions for savings and loan holding companies. While some terms offer discretion (e.g., “necessary or appropriate”), the statute identifies specific regulatory tasks such as setting capital requirements, overseeing acquisitions, and preventing unsafe practices.

The statute directly mandates the Board to issue regulations and orders to administer and carry out the purposes of the section, specifically referencing capital requirements. See subsection (g)(1): “The Board is authorized to issue such regulations and orders, including regulations and orders relating to capital requirements for savings and loan holding companies, 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.”

Although 12 U.S. Code § 1467a is lengthy and complex, it primarily consists of Specific Authority Delegations. The statute identifies specific regulatory tasks for the Board. For example, it details specific factors to be considered for acquisitions, permissible activities for holding companies, and procedures for qualified stock issuances. The statute provides definitions for key terms. It provides instructions on specific regulatory tasks and fills regulatory gaps. While some terms like “necessary or appropriate” appear, they are within the context of specific regulatory actions the Board is instructed to undertake.

The statute directly mandates a regulatory relationship. Throughout the statute, the Board (formerly the Director) is given specific instructions and powers to regulate savings and loan holding companies, defining terms, requiring registration and reporting, setting activity limitations, and enforcing compliance. This isn’t merely authorization; the statute establishes a framework necessitating regulatory action by the Board.

While the statute grants the Board authority to issue regulations and orders to administer the statute, it also provides specific guidance and limitations on what activities are permissible or prohibited for savings and loan holding companies. Furthermore, it outlines specific procedures for acquisitions, dividend declarations, and enforcement, indicating specific regulatory tasks and filling gaps in the regulatory scheme, using terms like “necessary or appropriate”.

12 U.S. Code § 1467a directly mandates the Board (formerly the Director of OTS) to issue regulations and orders to administer and carry out the purposes of the section (g)(1), as well as regulations regarding proceedings (g)(3)(A) and penalties (i)(2)(F), among other regulatory tasks throughout the section.

While the statute is broad in scope, encompassing various aspects of savings and loan holding companies, it provides specific instructions and regulatory tasks to the Board, such as registering holding companies (b)(1), requiring reports (b)(2), maintaining books and records (b)(3), approval for commencing certain new activities (c)(4), and establishing capital regulations (g)(1). Even the phrase “necessary or appropriate” in subsection (g)(1) aligns with Hickman’s “Specific Authority” delegation as it provides guidance for rulemaking.

The statute directly mandates the creation of regulations and orders by the Board to administer and carry out the purposes of the section, as stated in subsection (g)(1): “The Board is authorized 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…”

The statute grants the Board (formerly the Director of OTS) broad rulemaking authority over savings and loan holding companies, but it does not clearly delineate or instruct the agency on specific regulatory tasks and fills regulatory gaps. The statute uses open-ended language like “necessary or appropriate” which are hallmarks of general authority delegations. The power to write regulations is extensive, which implies a broad discretion and therefore is a “general authority”.

While the statute provides broad authority to the Board to issue regulations and orders to administer and carry out the purposes of the section, it doesn’t explicitly mandate specific regulations beyond those that enable the Board to function. It authorizes the Board to regulate Savings and Loan Holding Companies, but does not mandate the precise form or content of such regulations beyond what is necessary or appropriate. The authority is further specified in sections such as (g)(1) which states “The Board is authorized to issue such regulations and orders… as the Board deems necessary or appropriate…”. 12 CFR Part 31 is given authority from multiple sources within 12 U.S.C. § 1467a(d).

While some provisions of the statute direct the Board to approve or disapprove certain actions, the statute also contains broad delegations of rulemaking authority. The most relevant section, 12 U.S.C. 1467a(g)(1), explicitly 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 language represents a broad grant of authority, exceeding specific instructions.

While the statute defines and regulates savings and loan holding companies, including their activities, registration, and acquisitions, it authorizes the Board to issue regulations to administer and carry out the purposes of the section, it doesn’t directly mandate specific regulations for every aspect.

This statute provides broad rulemaking authority to the Board to administer and carry out the purposes of the entire section, not just specific tasks. The phrase “as the Board deems necessary or appropriate” grants substantial discretion, indicating general authority. Even the capital regulations authority, though somewhat specific, is ultimately tied to the Board’s broader discretion in administering the act.

Subsection (g)(1) of the statute explicitly states that the Board is authorized to issue regulations and orders, including those related to capital requirements, as deemed necessary or appropriate to administer and carry out the purposes of the section. This indicates a direct mandate for regulation.

While the statute identifies numerous specific activities that require rulemaking, the overall delegation concerning regulations and orders necessary to administer and carry out the purposes of the section are broad and open-ended. The ability of the Board to determine permissible activities for bank holding companies, and to prohibit or limit such activities for savings and loan holding companies, grants it a wide discretion in shaping regulatory policy. Section (g) explicitly gives the board power to issue any regulations and orders it deems “necessary or appropriate,” giving the delegation a general authority.

The statute directly mandates the creation of regulations to administer and carry out the purposes of the section, specifically mentioning regulations related to capital requirements. The section repeatedly uses phrases like “as determined in accordance with regulations issued by the appropriate Federal banking agency” and 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.”

While the statute contains some specific instructions, the primary delegation of authority to the Board is broad. The language in subsection (g)(1) provides the Board with discretion to determine what regulations and orders are “necessary or appropriate” to administer and carry out the statute’s purposes. While many sections like subsection (b)(1) direct registration forms prescribed by the Board, those are less regulatory tasks and more administrative procedures.

The statute directly mandates the Board (formerly the Director of the Office of Thrift Supervision) to issue regulations regarding savings and loan holding companies, including but not limited to registration, reporting, examinations, activities, acquisitions, dividend declarations, and capital requirements. Subsection (g)(1) is most telling here: “The Board is authorized 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 direct mandate to regulate, not merely an authorization.

While specific sections within the statute discuss required reports and applications, subsection (g)(1) provides the Board with broad authority to issue regulations and orders as it deems necessary or appropriate to administer and carry out the purposes of the entire section. This overarching grant of authority, even with the use of “necessary or appropriate” is considered a general delegation.

The statute authorizes the Board to issue regulations and orders to administer and carry out the purposes of the section but does not mandate specific regulations in all areas.

While the statute includes many specific provisions, the overarching grant of authority in subsection (g)(1) empowering the Board to issue 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” constitutes a broad delegation without specific regulatory tasks. The presence of “necessary or appropriate” doesn’t negate the broad nature of the grant.

The statute authorizes the Board to issue regulations and orders deemed necessary or appropriate to administer and carry out the purposes of the section. While the statute provides a framework, it does not directly mandate every specific regulation.

Although some sections provide specific tasks (like defining “credit card”), the statute, particularly subsection (g)(1), provides a broad mandate. It states: “The Board is authorized 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 grants broad rulemaking authority. This also represents a “hybrid” delegation in that it combines specific mandates (like data standardization) with broad language about implementing the statute. However, because it is a hybrid delegation, it is categorized as a General Authority.

12 U.S. Code § 1467a, explicitly grants authority to the Board (formerly Director of OTS) to issue regulations and orders, register savings and loan holding companies, examine them, define terms, and otherwise administer the statute. Many sections use the phrase, “as determined in accordance with regulations issued by the appropriate Federal banking agency.” The regulations are directly mandated by the statute to carry out its purpose.

While the statute addresses specific aspects of savings and loan holding company regulation, Section (g)(1) of the statute provides broad authority to the Board to issue regulations and orders. It does not identify particular regulatory tasks or gaps that the Board must address, but rather gives general discretion to create regulations necessary to administer the section, including regulations related to capital requirements. While there are specific components and instructions provided in the statute, the key is the grant of authority 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.” This implies general rather than specific mandates, thus constituting it as general authority.

The statute explicitly grants the Board (formerly the Director of OTS) the authority to issue regulations and orders as necessary to administer and carry out the purposes of the section. Many specific aspects, such as registration, reporting, and permissible activities are directly tied to the Board’s regulatory authority.

While several subsections refer to specific actions the Board can take, subsection (g)(1) provides broad rulemaking authority: “The Board is authorized 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 broad language, combined with the variety of authorities spread through the statute, constitutes a general delegation, even with more specific tasks called out.

The statute authorizes the Board to issue regulations deemed necessary or appropriate to administer and carry out the purposes of the section, but does not mandate specific regulations beyond those for registration forms and reporting.

This statute provides specific instructions to the Board regarding its regulatory tasks. Even though it uses terms like “necessary or appropriate,” it still directs the agency to fill specific regulatory gaps such as capital requirements for savings and loan holding companies in section (g)(1) and prevention of new affiliations between S&L holding companies and commercial firms in section (c)(9)(E). In general, much of this statute provides direct mandates to the regulatory agency to undertake in relation to the specifics within this statute.

The statute directly mandates the Board to issue regulations and orders to administer and carry out the purposes of the section. For example, subsection (g)(1) states, “The Board is authorized 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.” This falls under “directly mandated”.

Although the language in 12 U.S.C. § 1467(e) gives the Comptroller power to prescribe regulations, the statute specifically identifies a regulatory task: “the computation of, and the assessment for, the cost of conducting examinations pursuant to this section; and the collection and use of such assessments and any fees under this section.” Therefore, it falls under the Specific Authority delegation.

12 U.S.C. § 1467(e) explicitly grants the Comptroller the authority to prescribe regulations regarding the computation, assessment, collection, and use of examination fees. The regulation 12 CFR Part 8 implements this authority by establishing specific rules for these fees. Thus, the regulation is directly mandated by the statute.

While some sections delineate specific procedures and restrictions, Section (g)(1) provides the Board with very broad authority to issue regulations and orders as it “deems necessary or appropriate” to administer the section and prevent evasions. Although capital requirements are mentioned, the breadth of the mandate falls under a more general authority as it does not specifically outline what actions or regulatory objectives are to be done.

The statute directly mandates the creation and enforcement of regulations concerning savings and loan holding companies. The language consistently uses terms like “the Board is authorized to issue such regulations and orders, including regulations and orders relating to capital requirements for savings and loan holding companies, 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.” It outlines specific aspects of holding company activities, registrations, examinations, and transactions that require regulatory oversight, thereby directly mandating regulatory action.

Although 12 U.S.C. § 1467a contains numerous specifics, in totality it provides a very broad and general grant of rulemaking authority. Key phrases like “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” (g)(1)., coupled with broad mandates for registration, reporting, and examination, constitute a general delegation.

12 U.S.C. § 1467a provides the Board (formerly the Director of the Office of Thrift Supervision) with broad authority to regulate savings and loan holding companies. While the statute itself sets forth various requirements and restrictions, it also explicitly authorizes the Board to issue regulations and orders as it deems “necessary or appropriate” to administer and carry out the purposes of the section. However, the statute does not directly mandate specific regulations.

While the statute as a whole is quite broad, it contains many specific directives to the Board. For instance, subsection (c)(2)(F)(i) instructs the Board to determine permissible activities for bank holding companies, and subsection (g)(1) instructs the Board to establish capital regulations with specific countercyclical properties. There are very broad delegations as well but since the statute also contains more specific items, it is overall better to categorize it as Specific Authority.

The statute directly mandates the Board to issue regulations and orders to administer and carry out the purposes of the section. Examples include registration requirements (b)(1), report filings (b)(2), and capital requirements (g)(1).

While some subsections provide specific instructions, the overarching grant of authority in subsection (g)(1) – “The Board is authorized 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” – constitutes a broad delegation without specific regulatory tasks identified. Additionally, many other regulations are allowed such as in subsection (c)(2)(F)(i). The statute gives the agency significant latitude in determining the scope and content of its regulations, which is in line with General Authority.

The statute authorizes the Board to issue regulations and orders deemed necessary or appropriate to administer and carry out the purposes of the section, but it does not explicitly mandate every single regulation that the Board might promulgate. There is some mandatory language as well, but as a whole, it is mostly an authorization.

12 U.S.C. § 1465(a) specifically instructs the Director (or successor) on how to determine the relation of state law to federal law concerning savings associations, referencing national bank preemption standards. This provides a clear and specific regulatory task for the agency. Even though the standard is referencing another legal regime, it still directs agency (or court) action.

The statute, 12 U.S.C. § 1465, is explicitly listed in the “Authority” section of 12 CFR Part 34. This indicates that the regulation is directly mandated by the statute, at least in part. While other statutes also contribute to the regulatory authority, § 1465 is a specific, enumerated source of authority.

While the statute broadly relates to state law preemption, subsection (a) instructs the Director or successor agency to make determinations regarding state law preemption in accordance with the legal standards applicable to national banks. This guidance on how to make preemption determinations acts as an instruction on a specific regulatory task related to state law and federal savings associations.

12 U.S.C. § 1465 is explicitly listed in the authority section of 12 CFR Part 7. The regulation directly invokes the statute as providing authority for the rules within the part.

12 U.S.C. § 1467(e) provides the Comptroller with authority to prescribe regulations, but it is limited to specific aspects, namely the computation, assessment, collection, and use of examination costs and fees. Even though the phrasing “may prescribe regulations” includes discretion, the statute lists specific regulatory tasks.

12 U.S.C. § 1467(e) explicitly states that “The Comptroller may prescribe regulations with respect to”” (1) the computation of, and the assessment for, the cost of conducting examinations pursuant to this section; and (2) the collection and use of such assessments and any fees under this section.” Therefore, the relationship between 12 U.S.C. § 1467 and 12 CFR Part 238 is directly mandated. The presence of 12 USC 1467 in the authority section of 12 CFR 238 further bolsters this conclusion.

The statute provides the Comptroller with a clear and specific regulatory task: to create regulations for computing, assessing, collecting, and using examination fees. This falls under Hickman’s category of specific authority delegations because it instructs the agency on a particular regulatory task, even though it uses terms like “formulas,” which allow for some agency discretion.

12 U.S.C. § 1467(e) explicitly authorizes the Comptroller to prescribe regulations regarding the computation, assessment, collection, and use of examination fees. This directly mandates a regulatory function related to the statute’s subject matter.