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While broad in some aspects (such as fees for “applications, filings, notices, and requests for approvals”), the statute explicitly tasks the Comptroller with creating regulations for the computation, assessment, collection, and use of examination costs and fees, aligning with Hickman’s “Specific Authority” delegation category. The statute pinpoints the regulatory task, the subject matter, and permissible uses for the funds collected.
Although 12 U.S. Code § 1464 grants broad authority to the Comptroller of the Currency, it frequently does so by identifying particular regulatory tasks or areas where regulation is expected. For instance, subsection (c) authorizes the Comptroller to specify, “to the extent specified in regulations of the Comptroller,” the permissible loans and investments. While open-ended, terms such as “reasonable,” “appropriate,” or “necessary” are not used, the statute directs the agency to focus on specific topics and empowers the agency to regulate those topics.
The statute provides specific instructions to the Comptroller on the regulatory tasks, such as how to calculate capital adequacy, enforce regulations, examine affiliates, and oversee conversions. Even when broad terms like “appropriate” or “necessary” are used, they are still tied to a specific regulatory task, which qualifies them as specific authority delegations under Hickman’s framework.
While the statute does provide some level of detail regarding specific regulations (e.g., capital standards in subsection (t) or compliance procedures in subsection (d)(6)), the overall tone is broad, granting the Comptroller significant latitude in the “operation, and regulation of associations,” and in prescribing regulations generally. The statute provides broad rulemaking authority to the Comptroller without specifically identified regulatory tasks, and specific subsections empower the Comptroller to prescribe regulations as he may determine.
While some sections of the statute provide specific guidance, such as the establishment of minimum capital levels, the overall delegation of rulemaking authority to the Comptroller is broad. The statute authorizes the Comptroller to prescribe “such regulations as the Comptroller of the Currency may prescribe” for numerous aspects of savings association operations, including but not limited to reorganization, consolidation, liquidation, and dissolution, and “to the extent specified in regulations” for other aspects. This broad, encompassing language, even when mentioning “appropriate,” or “necessary” is akin to granting general rulemaking authority.
The statute provides very specific instructions on what the rules must address, including streamlined election procedures, the treatment of nonconforming assets and subsidiaries, transition processes, termination and reelection procedures, clarification of requirements, and considerations of safety and soundness. These directives outline specific regulatory tasks for the Comptroller.
The statute, particularly sections outlining loans, investments, capital standards, regulatory authority, branching, trusts, and conversions, provides specific instructions to the Comptroller of the Currency. While terms like “appropriate,” “reasonable,” or “necessary” are present, the statute focuses on specific regulatory tasks concerning savings associations. This level of detail leans towards specific authority, despite some broader grants of power.
The statute contains numerous specific instructions to the Comptroller of the Currency regarding regulatory tasks, such as setting capital standards, defining permissible investments, and overseeing conversions. Even using terms like “to such extent as the Comptroller may provide by its charter,” it still falls under specific authority delegation because it is clearly directing the agency.
The statute clearly outlines specific tasks for the Comptroller, such as organization, incorporation, examination, operation, regulation of Federal savings associations, and the issuance of charters. While open-ended terms such as “under such regulations as the Comptroller of the Currency may prescribe” are used, they are still instructing the agency on regulatory tasks.
While the initial grant of authority in subsection (a) is broad, the statute is replete with specific directives instructing the Comptroller on particular regulatory tasks. It doesn’t just say “regulate savings associations;” it dictates the specific areas for regulation such as deposit accounts, investments, lending, mergers, record keeping, capital requirements, and more. This level of specificity goes beyond a general grant of authority and falls firmly within the specific authority delegation category. The use of terms like “under such regulations as the Comptroller may prescribe” accompanied by specific areas needing regulation further supports this categorization.
Although some sections of the statute provide more specific direction (e.g., leverage limit, tangible capital), much of the statute provides broad rulemaking authority to the Comptroller without identifying specific regulatory tasks or gaps that must be addressed. Many of the clauses begin with phrases like “under such regulations as the Comptroller may prescribe” or “to the extent specified in regulations of the Comptroller,” which signals a broadly delegated authority.
The statute provides broad rulemaking authority to the Comptroller of the Currency concerning the organization, operation, and regulation of Federal Savings Associations, but it often doesn’t specify particular regulatory tasks in granular detail. There are numerous sections providing the Comptroller with authority to prescribe regulations, such as subsection (a) “under such regulations as the Comptroller of the Currency may prescribe”. This general delegation empowers the agency to craft rules within the overall statutory goal.
The statute clearly instructs the Comptroller of the Currency on specific regulatory tasks, such as providing for the organization, incorporation, examination, operation, and regulation of federal savings associations, and the issuance of charters. It also references specific areas for regulations, such as those relating to mutual capital certificates or mortgage-backed securities. Even though terms like “appropriate” or “extent specified in regulations” are present, the delegation still falls under Specific Authority due to clear guidance on specific regulatory areas.
The statute explicitly instructs the Comptroller of the Currency on regulatory tasks, such as the “organization, incorporation, examination, operation, and regulation of associations”. Even though the terms used are broad such as “regulation” they are directly related to a specific area.
The statute grants broad rulemaking authority to the Comptroller of the Currency to provide for the organization, incorporation, examination, operation, and regulation of federal savings associations, without explicitly identifying specific regulatory tasks apart from issuing charters. While it mentions “best practices of thrift institutions” and encourages providing credit for housing safely and soundly, these are broad goals rather than specific regulatory instructions.
While 12 U.S. Code § 1464 provides broad authority to regulate Federal Savings Associations, it also provides more specific instructions. For instance, it specifies that regulations relating to the issuance and sale of mutual capital certificates shall provide that such certificates are subordinate to savings accounts, constitute a claim in liquidation, are entitled to dividends, and may have a fixed or variable dividend rate. The statute identifies particular regulatory tasks and aspects of Federal Savings Associations that the agency must address, which qualifies the delegation as specific.
This statute provides clear instructions on specific regulatory tasks, such as setting capital standards, regulating loans and investments, and overseeing conversions. While some terms are open-ended (“appropriate”, “necessary”), the overall structure provides specific direction to the Comptroller. There’s a hybrid aspect to it as it also allows for general regulation, but the preciseness of the delegation places it in the specific authority category.
While the statute grants broad authority to the Comptroller regarding Federal savings associations, it also includes specific instructions regarding regulatory tasks. For example, it specifically details lending and investment powers, deposit account regulations, capital standards, and branching limitations, all within the context of providing the Comptroller authority to prescribe regulations. Even using open-ended terms like “appropriate” or “necessary” within those regulatory tasks
While some phrases could be seen as general, the statute frequently instructs the agency on specific regulatory tasks (“organization, incorporation, examination, operation, and regulation”), even using phrases like “as the Comptroller may prescribe” within those directives. This fits Hickman’s “Specific Authority” category.
While (a) gives the Comptroller broad rulemaking authority, the subsections that follow go into detail for specific gaps to regulate on, including capital requirements in (t), reporting in (v), and limits on loans in (u). Because it provides instructions on specific regulatory gaps, it fits the Specific Authority Delegation criteria.
While paragraph (a) is an extremely broad delegation, the remainder of the statute identifies very specific regulatory tasks for the agency. These are Specific Authority Delegations because they instruct the Comptroller on a specific regulatory task, many times even using open-ended terms like “to such extent as the Comptroller may authorize,” which Hickman recognizes as falling under Specific Authority.
The statute provides clear instructions to the Comptroller of the Currency concerning the regulation of Federal Savings Associations. The statute tasks the agency to allow for the organization, incorporation, operation and regulation of these institutions, even utilizing open-ended language like “best practices” of thrift institutions in the United States.
The statute clearly instructs the Comptroller of the Currency on specific regulatory tasks including the organization, incorporation, examination, operation, and regulation of associations, along with charter issuances. Even though some terms like “best practices” are open-ended, they still fall within the scope of Kristin Hickman’s definition of “Specific Authority” delegations due to the defined regulatory task.
While there are several instances where the statute clearly tasks the Comptroller of Currency to prescribe specific regulations, the initial authorization in subsection (a) provides a broad rulemaking authority related to the “organization, incorporation, examination, operation, and regulation” of Federal savings associations. Because the law contains at least one instance of General Authority it will be the overarching classification.
While (a) of the code begins very broadly by authorizing the Comptroller to regulate FSAs, nearly all subsequent subsections then specifically instruct the Comptroller how to exercise its regulatory authority, in relation to certain products, services and activities. These specific instructions trigger the Specific Authority designation.