Database Search Results

The statute outlines very specific regulatory tasks for the Director, such as establishing standards of community investment (subsection g), implementing affordable housing programs (subsection j), specifying eligible activities and priorities (subsection j(9)), and defining terms like “small business,” “agriculture,” etc. (subsection a(6)). These are not broad delegations of authority but rather specific instructions for the agency to create regulations to flesh out details within the existing statutory framework.

The statute directly authorizes the Federal Home Loan Banks to make advances to its members and, in several subsections, explicitly directs the Director to promulgate regulations regarding various aspects of this authority, such as community support requirements, affordable housing programs, and definitions for key terms related to these programs. The regulation 12 CFR Part 1267 cites 12 U.S.C. 1430 in its authority section.

12 U.S.C. 1427 (l) states “Notwithstanding any other provision of this section, a Federal Home Loan Bank shall not transfer, disburse, or pay compensation to any executive officer, or enter into an agreement with such executive officer, without the approval of the Director, for matters being reviewed under section 4518 of this title.” This is an instruction on a specific regulatory task (executive compensation) even using open-ended terms like “appropriate,” “reasonable,” or “necessary.”

The regulation cites 12 U.S.C. 1427 as one of its authorities, indicating that the statute directly mandates or permits the regulation.

While the statute lays out the structure and composition of the board, it also authorizes the Director to determine an appropriate number of directors as well as to define the “other knowledge or expertise” an independent director may possess and to prescribe rules and regulations for the nomination and election of directors. This is a specific directive regarding a specific gap in the statute.

12 U.S.C. § 1427 is explicitly listed as an authority for 12 CFR Part 1239. The regulation addresses responsibilities of boards of directors and corporate governance, which directly relates to the composition, election, and duties of directors as outlined in the statute.

While the statute provides significant detail regarding the composition, eligibility, and election of directors, it also specifically directs the Director to address particular aspects of these regulations, like defining the expertise required for independent directors and establishing election rules. It instructs the agency on specific regulatory tasks.

The statute explicitly authorizes the Director to issue regulations concerning various aspects of the Federal Home Loan Banks’ directors, such as defining the knowledge/expertise for independent directors or concerning elections, but does not mandate it in every instance. The Director “may” provide expertise requirements “by regulation,” and “is authorized” to prescribe rules for nominations and elections.

The statute provides the agency with a specific task: processing applications for advances. It specifies that the application must be in a form required by the Bank, and the Bank may grant or deny the application based on conditions it prescribes. While the conditions themselves are not explicitly enumerated, the statute directly delegates the authority to define the application process and set the conditions under which advances are granted, thus fitting within the “Specific Authority” category. The phrase “such conditions as the Federal Home Loan Bank may prescribe” is an example of using the open-ended term “prescribe”.

The statute, 12 U.S. Code § 1429, authorizes the Federal Home Loan Bank to determine the form of applications for advances and to grant or deny these applications, potentially with prescribed conditions. While the statute doesn’t require the Bank to issue regulations dictating these forms or conditions, it authorizes them to do so at their discretion.

The statute provides broad discretion to the Federal Home Loan Bank regarding the application process and the terms of advances, but it does not provide any specific regulatory tasks. Although terms like “discretion” and “conditions” are used, the lack of any requirement for specific types of regulation means the statute falls under the General Authority category.

The statute explicitly authorizes the Federal Home Loan Bank to determine the form of applications and prescribe conditions for granting advances, and even to deny applications. While the statute grants the discretion, it doesn’t mandate specific regulations; it authorizes the agency to act but does not require it.

The statute provides specific instructions to the Director, directing them to issue regulations prescribing uniform capital standards and specifies requirements for leverage and risk-based capital. It provides a 5% threshold for leverage requirements and directs the Director to consider other risk-based standards while modifying them as appropriate.

12 U.S.C. § 1426(a)(1) states that the Director “shall issue regulations prescribing uniform capital standards.” This clearly and directly mandates the regulation.

While some discretion is provided, the statute specifically instructs the Director to establish uniform capital standards including leverage and risk-based requirements. The statute provides specific instruction and guidance related to regulatory action.

The statute explicitly mandates the Director to issue regulations prescribing uniform capital standards for Federal Home Loan Banks.

The statute clearly instructs the Director on the specific regulatory tasks. Subsections (a)(1), (a)(2) and (a)(3) explicitly mandate regulations concerning capital standards (leverage requirements and risk-based capital requirements). Further, subsection (a)(4) mandates the regulations issued under paragraph (1) shall address specific topics such as the issuance, transfer, redemption, and repurchase of stock, and involuntary termination of membership. The statute is not open-ended as it has specific goals laid out.

12 U.S. Code § 1426(a)(1) states that the Director “shall issue regulations prescribing uniform capital standards.” This is a direct mandate.

The statute clearly instructs the Director on specific regulatory tasks, including prescribing uniform capital standards, leverage requirements, and risk-based capital requirements, which falls under the definition of Specific Authority Delegations. The statute mandates specific outcomes, like meeting particular leverage requirements, which further reinforces the ‘specific’ nature of the delegation.

12 U.S. Code § 1426(a)(1) directly mandates the Director to issue regulations prescribing uniform capital standards applicable to each Federal home loan bank.

The statute provides clear instructions and a specific regulatory task for the Director: to issue regulations establishing uniform capital standards (including leverage and risk-based requirements). While some discretion is allowed, the overall directive is very specific, fitting within Hickman’s “Specific Authority” category. The statute even provides a minimum requirement for the leverage ratio, further guiding the Director’s rulemaking.

The statute directly mandates the Director to issue regulations prescribing uniform capital standards for Federal Home Loan Banks and specifies what these regulations shall require, including leverage and risk-based capital requirements.

The statute specifically instructs the Director to divide the country into districts and establish banks. While there’s some discretion regarding the number of districts (8-12) and the specific city where each bank is located, the statute is quite precise regarding the task itself. It’s more than just a broad delegation to regulate; it’s a direction to create a specific system.

The statute, 12 U.S.C. § 1423, explicitly directs the Director to divide the country into Federal Home Loan Bank districts and establish Federal Home Loan Banks within those districts. The regulation, 12 CFR Part 1263, governs the membership of these banks. Given that the statute mandates the establishment of the banks, and the regulation governs their membership, the regulation is directly mandated by the statute.

While the statute provides general criteria for eligibility, several subsections (specifically subsections (a)(3) and (c)) grant the Director explicit authority to prescribe “regulations and orders” and “inspection and regulation” as necessary to address specific situations related to membership, such as institutions commencing operations after a certain date, or building and loan associations not subject to state banking laws. These are not simply broad grants of rulemaking power but directives to regulate in specified areas related to eligibility.

12 U.S.C. 1424 is explicitly listed in the authority section of 12 CFR Part 1263, which authorizes the regulation. The statute outlines eligibility requirements for membership in Federal Home Loan Banks, and the regulation fleshes out these requirements and processes. The statute doesn’t mandate specific regulations, but permits them for implementation.

The statute specifically directs the Director to establish regulations concerning capital standards, leverage ratios, and risk-based capital, identifying specific regulatory tasks. The law also gives specific instructions such as the leverage requirement “shall be 5 percent” and to “take due consideration of any risk-based capital test established pursuant to section 1361 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992.” This level of specificity indicates a Specific Authority delegation.

The statute explicitly mandates the Director to issue regulations prescribing uniform capital standards, leverage requirements, and risk-based capital requirements for Federal home loan banks, directly mandating the regulatory action.

While 12 U.S.C. § 1426(a)(1) provides broad rulemaking authority, it also clearly instructs the Director on a specific regulatory task, the creation of “uniform capital standards”. Also, many other areas give specific regulatory authority. For example, Subsection (a)(3)(A) The Director shall, by regulation, establish risk-based capital standards for the Federal Home Loan Banks to ensure that the Federal Home Loan Banks operate in a safe and sound manner…” The inclusion of the open-ended terms such as “safe and sound manner” does not negate the specific nature of the instruction.

Subsection (a)(1) of the statute explicitly mandates that the Director “shall issue regulations prescribing uniform capital standards applicable to each Federal home loan bank.” This is a direct order to create regulations. Furthermore, many other subsections explicitly state “by regulation” providing more situations for direct regulation.

The statute clearly instructs the Director on a specific regulatory task: establishing uniform capital standards, including leverage and risk-based capital requirements. The statute even provides specific instructions like using a 5 percent leverage requirement and considering other risk-based standards. Although terms like “appropriate” are used, the overall delegation is highly specific.

The statute directly mandates the Director to issue regulations prescribing uniform capital standards applicable to each Federal home loan bank.

While the statute does charge the OCC with “assuring the safety and soundness of, and compliance with laws and regulations, fair access to financial services, and fair treatment of customers,” it does not specify any particular regulatory tasks or gaps that the OCC must address with respect to CRA-related agreements. It provides broad authority to ensure compliance and fair access, thus it falls under General Authority.

12 U.S.C. § 1 establishes the Office of the Comptroller of the Currency (OCC) and charges it with various responsibilities, including assuring compliance with laws and regulations. While the statute doesn’t explicitly mandate the specific regulation in 12 CFR Part 35, it authorizes the OCC to issue regulations to fulfill its mandate of ensuring compliance and fair access to financial services. The authority citation for 12 CFR Part 35 includes 12 U.S.C. § 1, further indicating an authorized, but not directly mandated, relationship.

While 12 U.S.C. § 1 provides some specific directives, such as assuring safety and soundness, compliance, fair access, and fair treatment, it also provides broad authority to the OCC to regulate institutions under its jurisdiction. This broad authority allows the agency to make rules necessary to meet the safety and soundness requirements. The statute does not narrowly define the regulatory tasks, fitting the “General Authority” delegation definition.

12 U.S.C. § 1 establishes the OCC and charges it with specific duties, including assuring the safety and soundness of institutions, compliance with laws and regulations, fair access to financial services, and fair treatment of customers. The regulations in 12 CFR Part 4 detail the organization, functions, and procedures of the OCC, directly implementing the statute’s mandate.

While 12 U.S.C. § 1 provides a broad mandate, the regulation 12 CFR Part 44 (implementing 12 U.S.C 1851) is based on 12 U.S.C. 1851. 12 U.S.C. 1851 itself is a Specific Authority Delegation. It instructs the agency (OCC and others) on a very specific regulatory task to prohibit banking entities from engaging in proprietary trading and from acquiring or retaining ownership interests in, sponsoring, or having certain relationships with covered funds. This prohibition directly addresses the gap of the Volcker rule implementation. The cross-citation of 12 U.S.C. 1851 in the regulation’s authority supports this. Although 12 U.S.C. § 1 enables the OCC, 12 U.S.C. 1851 directly gives the agency the authority to issue regulations pertaining to proprietary trading and covered funds.

12 U.S.C. § 1 explicitly charges the Office of the Comptroller of the Currency (OCC) with assuring the safety and soundness of, and compliance with laws and regulations by, institutions subject to its jurisdiction. The regulation, 12 CFR Part 44, which implements the Volcker Rule (12 U.S.C. 1851), falls squarely within this mandate as it restricts proprietary trading and certain relationships with covered funds to ensure the safety and soundness of financial institutions. The OCC is one of the agencies tasked with implementing the Volcker rule. Therefore, the regulation is directly mandated.

While 12 U.S.C. § 1 charges the OCC with ensuring the safety and soundness of institutions under its jurisdiction and compliance with laws and regulations, this is a broad delegation of authority. The statute does not explicitly direct the agency to promulgate regulations specifically about mandatory contractual stay requirements for qualified financial contracts. Rather, the OCC is using its general authority to regulate the financial industry to ensure stability.

12 U.S.C. § 1 establishes the Office of the Comptroller of the Currency (OCC) and charges it with specific duties, including assuring the safety and soundness of institutions under its jurisdiction and compliance with laws and regulations. 12 CFR Part 47, which concerns mandatory contractual stay requirements for qualified financial contracts, falls within this broad mandate of ensuring the safety and soundness of financial institutions and their compliance with relevant laws. The statute directly mandates the OCC to oversee and regulate national banks, and the regulation is a direct implementation of that mandate.

While some sections of the statute provide specific directives (e.g., adjusting the community financial institution asset limit), § 1422 primarily provides definitions and establishes the framework for the Federal Home Loan Bank System. The delegation allowing the Director to define “all of which may be defined by the Director” in the definition of “home mortgage” grants broad discretion rather than assigning specific regulatory tasks. Since the statute does not lay out specific regulatory tasks for the agency related to membership but does give it power to define elements in some definitions, it constitutes a general authority delegation.

12 U.S.C. § 1422 defines terms used in the chapter, including “member,” “home mortgage,” and the role of the “Director.” While it establishes definitions and roles, it doesn’t directly mandate the specific requirements for membership in the Federal Home Loan Bank System or the details of the application process, stock requirements, etc. However, it authorizes the Director to define certain aspects, such as “all of which may be defined by the Director” in the definition of “home mortgage”. The regulation (12 CFR Part 1263) elaborates on membership criteria, application processes, stock requirements, and other provisions, acting within the framework established by the statute. Therefore the statute authorizes but does not mandate the regulation.

While 12 U.S.C. § 1 charges the OCC with broad responsibility for the safety, soundness, and compliance of financial institutions, it does not provide specific instructions on how the OCC should regulate. The language is open-ended and empowers the agency to determine the “how” of regulation. It provides broad rulemaking authority without specific regulatory tasks identified.

The statute 12 U.S.C. § 1 establishes the Office of the Comptroller of the Currency (OCC) and charges it with specific duties, including assuring the safety and soundness of institutions subject to its jurisdiction and compliance with laws and regulations. This directly mandates the OCC to create regulations in these areas, as evidenced by the explicit mention of “compliance with laws and regulations.”

While 12 U.S.C. § 1 provides a specific goal (assuring safety, soundness and compliance), it does not outline the specific regulatory tasks or prescribe how the OCC should achieve that goal regarding security devices, suspicious activity reports, or BSA compliance. The statute provides broad authority to regulate in furtherance of safety, soundness and compliance, but leaves the specifics to the agency’s discretion, making this a general authority delegation.

12 U.S.C. § 1 explicitly charges the Office of the Comptroller of the Currency (OCC) with “assuring the safety and soundness of, and compliance with laws and regulations…by, the institutions and other persons subject to its jurisdiction.” Part 21 of 12 CFR deals with security devices, suspicious activity reports and Bank Secrecy Act (BSA) compliance. As such, the regulation is directly mandated by the statute’s broad charge to ensure safety, soundness and compliance with laws and regulations, including the BSA. 12 USC 1 is specifically identified as authority for 12 CFR Part 21.

While the statute specifies the OCC’s responsibilities, it does not prescribe specific rules regarding management interlocks. The OCC uses its broad rulemaking authority to determine the appropriate restrictions and exemptions. The statute generally mandates safety and soundness, and the OCC chooses one regulatory avenue to ensure that mandate is met.

12 U.S.C. § 1 explicitly establishes the Office of the Comptroller of the Currency (OCC) and charges it with specific duties, including assuring safety, soundness, and compliance with laws and regulations. The regulation (12 CFR Part 26) implements those charges by regulating management official interlocks, which directly relates to the safety and soundness of the banking system. Thus, the regulation is directly mandated by the statute.

While 12 U.S.C. § 1 specifically tasks the OCC with assuring compliance with laws and regulations, fair access, and fair treatment, it doesn’t prescribe how the OCC should achieve these goals with respect to international banking. It gives broad authority for rulemaking without specifying which rules to make to execute the statute.

12 U.S.C. § 1 et seq. is listed as authority for 12 CFR Part 28. Subsection (a) of the statute establishes the Office of the Comptroller of the Currency (OCC) and charges it with assuring the safety and soundness of, and compliance with laws and regulations by, institutions subject to its jurisdiction. The regulation 12 CFR Part 28, relates to international banking activities and therefore falls within the OCC’s mandate to regulate institutions subject to its jurisdiction.