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12 U.S.C. § 1462a(a) gives the “appropriate Federal banking agency” all the powers that were previously vested in the Federal Home Loan Bank Board. While this statute provides authority, it doesn’t specify particular regulatory tasks or gaps that need to be addressed. It is a transfer of broad powers, so it falls under general authority.
The statute grants broad powers to the “appropriate Federal banking agency” based on powers previously held by another entity (Federal Home Loan Bank Board). This transfer of powers, in accordance with Dodd-Frank, does not specify particular regulatory tasks but provides a general authority to administer and oversee related matters. This qualifies as a General Authority delegation because it doesn’t identify specific regulatory gaps or tasks for the agency to address through rulemaking; instead, it confers a broad authority to regulate within a given area.
12 U.S.C. § 1462a provides broad rulemaking authority to the “appropriate Federal banking agency” by transferring powers previously held by the Federal Home Loan Bank Board. The statute does not prescribe specific regulatory tasks but allows the agency to define and implement regulations within the general area of transferred authority.
The statute provides the “appropriate Federal banking agency” with the powers previously vested in the Federal Home Loan Bank Board, which is quite broad. It doesn’t delineate specific regulatory tasks or gaps to be addressed, but transfers a pre-existing set of powers.
While 12 U.S.C. § 1462a grants broad powers to the appropriate Federal banking agency, it does not outline a specific regulatory task or address a particular gap in the law regarding consumer protection in insurance sales. The statute’s reference to powers vested in the Federal Home Loan Bank Board and subsequent amendments suggests a transfer of authority rather than a specific instruction for regulation. The link to Dodd-Frank adds additional, but high-level, authority.
While 12 U.S.C. § 1462a grants broad powers to the “appropriate Federal banking agency,” the citation of this section in 12 CFR Part 141 signifies that the agency is using this authority to define terms relevant to federal savings associations, which is a specific task related to the powers vested in the agency.
12 U.S.C. § 1462 provides definitions. It does not clearly instruct the Board on a specific regulatory task or gap. Therefore it is a General Authority delegation.
While 12 U.S.C. 1462 is explicitly listed in the “Authority” section for 12 CFR Part 239, it serves primarily to define the scope of regulated entities. It doesn’t prescribe any specific regulatory action the agency must take regarding mutual holding companies. The rulemaking authority stems from broader grants of authority to regulate savings associations and related entities, making it a general authority delegation.
Although 12 U.S.C. § 1462 is listed as an authority for the regulation, it’s a definitional statute. It doesn’t explicitly instruct agencies on regulatory tasks but provides definitions applicable to the broader regulatory framework governing savings associations. Without explicit instruction on regulatory tasks for the agency, this is considered a general authority delegation.
While the statute provides definitions, it does not specify particular regulatory tasks for the agency to undertake beyond the general framework for savings associations. The agency uses these definitions in conjunction with other authorities (1462a, 1463, 1464) to issue regulations related to savings associations and securities offerings. This indicates a general delegation of authority to regulate in this space, rather than a specific instruction on what to regulate.
The statute provides the “appropriate Federal banking agency” with all the powers previously vested in the Federal Home Loan Bank Board, which is a very broad delegation of authority. This does not instruct the agency to fulfill any specific regulatory task or gap.
12 U.S.C. 1452(d) provides a specific area of regulation concerning the Corporation to be a depositary of public money, and the Secretary of the Treasury is authorized to prescribe regulations. While the statute uses the broad term “regulations,” it is within a specific area.
The statute specifically enables the Federal Home Loan Mortgage Corporation to be a depositary of public money “under such regulations as may be prescribed by the Secretary of the Treasury”. Although it utilizes “may,” and is permissive in nature, it is a direct grant of authority and links regulation directly to acting as a depositary of public money. Kristin Hickman would consider this a specific delegation because it creates the capacity to prescribe regulation in a given situation.
While the term “Prompt Corrective Action” itself might sound broad, the regulation refers specifically to section 1366 of the 1992 Act (cited implicitly through various 4611-4619 references). The statute instructs the agency on specific regulatory tasks related to capital classifications and supervisory responses necessary to maintain safety and soundness.
While the statute itself (12 U.S.C. § 1461) is primarily a short title provision, the Home Owners’ Loan Act as a whole, gives broad authority to regulate thrifts. The regulation concerning proprietary trading and covered funds activities falls under this broader regulatory authority. It is not a specific instruction but a more general area of regulation authorized by the underlying act.
While the statute itself primarily provides definitions, which might seem to lack specific regulatory tasks, the presence of Section 2 among the authorities listed for the proxy regulations suggests a close link to agency rulemaking regarding the entities defined within the statute. These definitions establish the scope and applicability of further regulatory actions concerning savings associations and related entities, which Congress authorized the agency to regulate. The agency used definitions found within section 1462 to regulate the form, holders, and soliciting material. This indicates the statute clearly instructs the agency on a specific regulatory task, although in an indirect way.
While the statute broadly authorizes the Director to prescribe rules and regulations, subsection (b)(2) specifically directs the Director to “promulgate regulations establishing the conditions and procedures” for voluntary mergers. This is a clear instruction on a specific regulatory task.
Subsection (h) of the statute specifically requires reports and approvals related to executive compensation, which Part 1230 addresses. This is a specific area of regulation with defined terms.
While 12 U.S.C. 1452(c)(3) provides the authority to “make and enforce such bylaws, rules, and regulations as may be necessary or appropriate to carry out the purposes or provisions of this chapter”, it does not instruct the agency on a specific regulatory task or gap. It is, therefore, a broad delegation of rulemaking authority.
The statute, specifically 12 U.S.C. § 1452(b)(2), grants the Director of the Federal Housing Finance Agency (FHFA) the authority to approve or disapprove capital distributions made by Freddie Mac if those distributions would decrease capital below certain levels established under other statutory sections (4611 and 4612). This is a specific regulatory task delegated to the agency, directing them to oversee and approve/disapprove capital distributions based on defined criteria (risk-based and minimum capital levels). The use of cross-references provides further specificity.
12 U.S.C. 1452(d) grants the Corporation (FHLMC) the power to designate financial institutions as depositories and fiscal agents and states “When designated for that purpose by the Secretary of the Treasury, the Corporation shall be a depositary of public money, under such regulations as may be prescribed by the Secretary of the Treasury”. This is a specific instruction on the regulatory task of managing federal deposits.
The statute, 12 U.S.C. § 1442, specifically instructs agencies to make financial information available to the Federal Home Loan Banks and permits examinations for their confidential use. It outlines specific regulatory tasks related to information sharing and examination authority to enable the FHLBs to carry out their functions.
The statute clearly instructs the specified agencies on a specific regulatory task (sharing information to enable the Federal Home Loan Banks to function). While the phrase “under such conditions as they may prescribe” provides some discretion, the purpose and scope of the delegation are well-defined.
The statute specifically instructs certain agencies (Secretary of the Treasury, Comptroller of the Currency, etc.) to make available information to the Federal Home Loan Banks and allows them to perform examinations, as requested. This is a clear instruction on a specific regulatory task, falling under the category of Specific Authority. The statute also directs the Director to compile cost of funds indices which supports this designation.
The statute, 12 U.S.C. § 1443, specifically instructs the Director on a regulatory task: setting the rules for whether particular obligations should be issued in certificated or uncertificated form and what those forms should be. The statute is not a broad grant of rulemaking authority but is instead tied to a specific aspect of bank obligations.