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While broad in some respects, 12 U.S.C. § 1(a) does instruct the agency on a specific regulatory task (assuring safety and soundness of institutions), even using open-ended terms to further qualify the scope of regulatory discretion.

12 U.S.C. § 1(a) explicitly charges the Office of the Comptroller of the Currency with “assuring the safety and soundness of, and compliance with laws and regulations…by, the institutions and other persons subject to its jurisdiction.” 12 CFR Part 30 directly addresses safety and soundness standards, which falls squarely within the OCC’s mandated responsibility.

The statute instructs the agency on a specific regulatory task: approving transfers of commodity contracts and related property to protect the integrity of the market in the event of bankruptcy.

11 U.S.C. § 764(b) explicitly allows transfers to be approved by “the Commission by rule or order.” This authorizes, but does not mandate, agency action (rulemaking or order).

While 11 U.S.C. § 761-767 (referenced as authority for Part 190) deals broadly with commodity broker liquidations, § 765 itself provides fairly specific instructions regarding customer notices and the trustee’s actions regarding customer instructions. The statute instructs the agency on a specific regulatory task by outlining the contents of the notice and the trustee’s responsibility.

11 U.S.C. § 765 directly mandates certain notices be given to customers by reference to section 342. Part 190 appears to implement and elaborate on bankruptcy rules, aligning directly with the statutory mandate concerning customer instructions and bankruptcy procedures.

The statute provides a specific regulatory task by directing the CFTC to create rules and regulations regarding the transfer of assets under specific conditions outlined in the statute. The authority is limited to the specific tasks within the context of the bankruptcy proceedings of commodity brokers, related to customer property.

Several subsections of 11 U.S. Code § 766, specifically subsections (c) and (d), explicitly authorize the Commodity Futures Trading Commission (CFTC) to prescribe rules and regulations concerning the transfer of securities, property, or commodity contracts. However, the statute does not mandate that the CFTC create these rules.

While 11 U.S.C. § 767 is a relatively narrow provision addressing the priority of unsecured claims in specific bankruptcy contexts, its inclusion as an authority for 17 CFR Part 190 suggests that the agency (likely the CFTC, given the subject matter and related citations) is using this specific section to inform its rulemaking related to bankruptcy rules concerning commodity brokers and related entities. The statute guides the regulation on a particular aspect of bankruptcy proceedings.

The regulation, 17 CFR Part 190, specifically cites 11 U.S.C. § 767 as one of its authorities. This indicates that the statute authorizes the regulation, but the statute itself doesn’t explicitly mandate the creation of the regulation.

The statute explicitly instructs the agency to apply specific sections of Title 11 to Chapter 9 cases. While the list is extensive, the statute identifies precise regulatory tasks, fitting within the “Specific Authority” category.

11 U.S.C. § 901 is listed explicitly as an authority for 17 CFR Part 200 in the “Authority” section. This indicates a direct mandate.

11 U.S.C. § 556 provides a specific instruction regarding the treatment of contractual rights in commodity contracts during bankruptcy proceedings. It dictates that such rights “shall not be stayed, avoided, or otherwise limited.” This constitutes a clear directive, making it a specific authority delegation.

11 U.S.C. § 556 is explicitly listed as an authority for 17 CFR Part 190. Therefore, the regulation is directly mandated by the statute.

The statute mandates a specific task – establishing and regulating instructional courses. While the terms “described in section 111” might seem open-ended, it provides a clear focus for the agency’s regulatory actions related to personal financial management courses for debtors.

11 U.S.C. § 727(a)(11) specifically refers to “an instructional course concerning personal financial management described in section 111.” 28 CFR Part 58 directly implements the requirements of 11 U.S.C. § 727(a)(11) by establishing procedures for approving agencies and providers of these courses, and setting minimum qualifications and requirements for these entities. The statute thus directly mandates the regulation.

While Title 11 as a whole delegates broad authority related to bankruptcy, the reference to sections 761-767 specifically related to commodity broker liquidations within a bankruptcy context and the fact that “net equity” in 761 is subject to the commission’s rules and regulations, means the statute is delegating specific regulatory tasks relating to the handling of commodity contracts and customer property in bankruptcy proceedings which are clearly instructed by an agency.

The regulation, 17 CFR Part 190, explicitly cites 11 U.S.C. §§ 761-767 in its authority section, indicating that it is directly mandated by this statute.

While 11 U.S.C. § 762 itself primarily focuses on notice and the right to be heard, the regulations, 17 CFR Part 190, are authorized by sections 761-767, which deal with commodity broker liquidations. These sections grant the agency authority to promulgate regulations concerning specific issues such as customer property, distributions, and voidable transfers in the context of bankruptcy. Thus, the combination of section 762’s authorization for participation and the specific rulemaking authority granted in related sections used as authority for 17 CFR Part 190, such as sections 761-767, indicate a specific authority delegation.

11 U.S.C. § 762 directly addresses the Commission (likely referring to the Commodity Futures Trading Commission, given the context of commodity broker liquidation). While it mandates notice to the Commission by the clerk, it authorizes the Commission to raise, appear, and be heard on any issue. This grants the Commission discretion but doesn’t mandate specific regulatory action stemming directly from this section alone. The regulations found in 17 CFR Part 190 explicitly cite sections 761-767 of Title 11 as authority for the bankruptcy rules, including those pertaining to futures commission merchants, indicating that the statute authorizes but does not directly mandate the agency’s regulatory activity in this area.

The statute outlines the specific way accounts held by debtors are to be treated in bankruptcy proceedings, particularly concerning customers and clearing organizations. This is a clearly defined regulatory task, making it a specific authority delegation.

11 U.S.C. § 763 falls within the range of 11 U.S.C. § 761-767. Part 190 cites 11 U.S.C. § 761-767 as authority. Thus, the statute is authorized, but not mandated, as the agency could have chosen not to create regulations regarding this section of the US Code.

11 U.S.C. § 362 explicitly empowers regulatory bodies like the CFTC to address specific actions that are not subject to the automatic stay in bankruptcy cases. It relates to the complex area of bankruptcy law, and explicitly charges agencies with authority to regulate specific parts of this section. It is therefore not a general authority delegation.

The regulation 17 CFR Part 190 explicitly cites 11 U.S.C. 362 as authority. This signifies a direct mandate from the statute to create regulations related to it.

The statute refers to the Secretary of the Treasury’s certification regarding unliquidated entries due to investigations. This reference connects the statute specifically to customs duties and gives the agency some discretion related to those duties. The explicit mention of “the Secretary of the Treasury certifies” ties the delegation to specific duties. Even the use of terms like “if information needed for the proper appraisement or classification of such merchandise was not available to the appropriate customs officer before such date” implies the specific regulatory gaps to be closed are related to classification and appraisement of the imported goods for customs purposes. While broad, these still fall under the Specific Authority category, as it’s not just a general grant.

11 U.S.C. 507(a)(8)(F) references “customs duty arising out of the importation of merchandise,” which is related to 19 CFR Part 141, which deals with the entry of merchandise into the United States. While the statute establishes a priority for certain customs duties in bankruptcy proceedings, it doesn’t directly mandate or explicitly authorize the creation of regulations regarding the entry of merchandise. The regulation is about how merchandise is entered; the statute is about priority of claims related to customs duties.

The statute clearly instructs the agency (DOJ, via the United States Trustee program) on a specific regulatory task: establishing and overseeing approved agencies for credit counseling, as required by 11 U.S.C. § 109(h) and referenced in 11 U.S.C. § 521(b).

28 CFR Part 58 explicitly cites 11 U.S.C. 521(b) in its authority section, directly mandating regulations related to the requirements for a certificate from an approved nonprofit budget and credit counseling agency.

The statute (11 U.S. Code § 546) pertains to limitations on avoiding powers in bankruptcy. The CFTC regulation (17 CFR Part 190) includes rules relating to bankruptcy, specifically for Futures Commission Merchants and Clearing Organizations. This falls under a specific regulatory task because the bankruptcy rules directly relate to the limitations outlined in the statute, and the statute lists 11 U.S.C. § 761-767, which authorizes the CFTC to create special rules related to commodity brokers.

The regulation (17 CFR Part 190) lists 11 U.S. Code § 546 among its authorities. This indicates that the statute authorizes the regulation, but doesn’t necessarily mandate it. The CFTC has discretion to create bankruptcy rules and chose to do so partly based on this statute.

While 11 U.S.C. § 548 broadly addresses fraudulent transfers and obligations, it also specifically mentions the CFTC’s role relating to commodity brokers, forward contract merchants, stockbrokers, and securities clearing agencies and the “value” of margin payments and settlement payments. This references the CFTC’s regulatory domain, implying specific authority to address these matters.

The regulation at 17 CFR Part 190 cites 11 U.S.C. § 548 in its authority section. This indicates that the regulation is authorized by the statute, but the statute does not directly mandate the specific rules outlined in the regulation. The statute provides the basis for rulemaking related to bankruptcy.

The statute gives specific instructions on how the agency is to regulate, and sets out a large list of things the agency must consider in the approval process. Although there is open-ended language like, “deal responsibly and effectively with other matters relating to the quality, effectiveness, and financial security of the services it provides” and “…adequate counseling with respect to a client’s credit problems…”, such phrases are cabined within very specific instructions, and give very little discretion to the UST/BA.

11 U.S. Code § 111 directly mandates the United States Trustee (or bankruptcy administrator) to approve nonprofit budget and credit counseling agencies and instructional courses concerning personal financial management. The statute further specifies detailed requirements and standards that these agencies and courses must meet to gain and maintain approval. 28 CFR Part 58 implements and expands upon these requirements by establishing procedures and qualifications for agencies and providers seeking approval, aligning with the statute’s direct mandate.

While the statute outlines the effects of a confirmed bankruptcy plan, 28 CFR Part 58 relates to the administration of bankruptcy cases by the United States Trustee Program, including guidelines for reviewing compensation applications and establishing panels of private trustees. Reference to 11 U.S.C. 1141(d)(3) in the “Authority” section of the CFR suggests the regulations are at least in part implementing the specific provisions regarding the circumstances under which a debtor is not discharged.

11 U.S.C. § 1141(d)(3) is referenced in the authority section of 28 CFR Part 58, indicating that the regulation is authorized, but not directly mandated, by the statute. The regulation implements and interprets the statute, but the statute itself doesn’t explicitly require the promulgation of these specific regulations.

The statute, 11 U.S.C. § 1170, specifically instructs the Surface Transportation Board on the procedures related to abandonment of railroad lines. The statute outlines steps the Board must take, such as reporting to the court. This falls under the Specific Authority Delegation, as it instructs the agency on specific regulatory tasks.

The regulation cites 11 U.S.C. 1170 as its statutory authority. The statute directly addresses the abandonment of railroad lines, and the regulation provides the procedures for such abandonments. Therefore, the relationship is directly mandated.

11 U.S.C. § 1172(b) specifically delegates authority to the Board (formerly the Interstate Commerce Commission) to approve or disapprove the transfer or operation of rail lines in reorganization cases. This is a clear instruction regarding a specific regulatory task – the agency’s approval is required for certain transfers or operations, giving it a specific regulatory task.

The regulation, 49 CFR Part 1180, explicitly cites 11 U.S.C. § 1172 in its authority section, indicating a direct mandate to create regulations pertaining to railroad acquisition, control, and merger procedures related to railroad reorganizations as described in the statute.

While the statute outlines trustee duties in detail, it also empowers the United States Trustee with the authority to appoint, oversee, and manage trustees, including establishing qualifications and procedures. 28 CFR Part 58 provides further guidance by defining qualification standards, fiduciary standards, procedures for suspension/removal, and guidelines for compensation. The statute provides the agency with specific tasks even if open-ended terms are present.

11 U.S.C. § 1202 is explicitly listed as an authority for 28 CFR Part 58. Many of the regulations within Part 58 directly relate to the appointment, qualification, and oversight of trustees in bankruptcy cases, as contemplated by the statute.

The statute provides explicit direction to the Secretary of Defense regarding how to implement the policy regarding ROTC access and military recruiting on campus. The statute specifies the action (denial of funds), the criteria for the action (policies or practices preventing access), and the recipient of the delegation (Secretary of Defense). Even with the use of terms like “in effect prevents”, the statute provides specific authority for the secretary to determine criteria.

The regulation, 32 CFR Part 216, explicitly cites 10 U.S.C. § 983 as its authority. This indicates the statute directly mandates the regulation, establishing a direct relationship.

Pub. L. 109-163, div. A, title VI, § 662(d)(2) specifically directs the Secretary of Defense to prescribe regulations to ensure a good faith effort is made to determine eligibility for interment and funeral honors, aligning with the “clearly instructs an agency on a specific regulatory task” criteria.

While 10 U.S.C. § 985 provides the framework for denying burial benefits and military honors to specific individuals, it does not explicitly mandate the creation of regulations to implement those prohibitions, but authorizes the Secretary of Defense to prescribe regulations to ensure good faith efforts are made to determine eligibility. Thus, the statute authorizes but does not mandate the regulation.

Subsection (h) of 10 U.S.C. § 987 explicitly instructs the Secretary of Defense to prescribe regulations to “carry out this section” and lists specific areas for those regulations: disclosures, APR calculation, maximum fees, definitions of “creditor” and “consumer credit,” and “other criteria or limitations” consistent with the section. This represents a delegation of specific tasks, meeting the definition of Specific Authority.

32 CFR Part 232 explicitly cites 10 U.S.C. 987 as its authority. This indicates a direct mandate because the regulation is designed to implement the statute’s provisions.

While 11 U.S.C. 109(h) itself focuses on the debtor’s requirements, it explicitly references 11 U.S.C. 111, which outlines the standards and procedures for approving credit counseling agencies. 11 U.S.C. 111 is more closely aligned with “Specific Authority Delegation”, as it charges the Executive Office for United States Trustees with the specific task of prescribing standards for the “approved” agencies. The phrase “approved nonprofit budget and credit counseling agency described in section 111(a)” in 109(h) ensures a direct linkage to the agency and its established standards.

Section 109(h) of the statute explicitly requires individuals to receive credit counseling from “approved nonprofit budget and credit counseling agency described in section 111(a)”. The regulation, 28 CFR Part 58, provides detailed procedures and requirements for agencies to become and remain “approved” under this statutory provision. Therefore, the statute directly mandates agency action that the regulation defines.