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Subsection (g) provides a clear and specific task: to create regulations for a user fee. It also includes specific guidelines for setting the rate (offsetting expenses related to credit/debit card use) and how the funds are to be handled (deposited in the General Fund of the Treasury). The delegation is specific because it focuses on a single regulatory task with constraints on how it is to be performed.
The statute clearly instructs the administering Secretaries on the specific regulatory task of prescribing joint regulations for medical and dental care for members and former members of the uniformed services. It even uses the term “joint regulations to be prescribed”.
Subsection (b) and (d) of 10 U.S. Code § 1076 directs the “administering Secretaries” to prescribe joint regulations, giving the statute specific authority to regulate.
While the overall scheme involves significant discretion, the delegation concerning regulations specifically, is more precise than a general delegation. The statute lays out specific purposes and requirements for the Special Victims’ Counsel program, which in turn guides and constrains the regulatory authority. Specifically, 10 U.S.C. § 1044e (i) orders the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating to prescribe regulations to carry out this section. This is a specific instruction, even if the detailed procedures within these regulations are somewhat open-ended.
10 U.S.C. § 1054 clearly instructs agencies, namely the Department of Defense, the Department of Justice, and the Coast Guard, to take specific regulatory actions: defending civil actions, settling claims, providing liability insurance, and defining the scope of employment for legal staff. The statute uses open-ended terms like “determined by the Attorney General,” and “head of the agency concerned may hold harmless or provide liability insurance,” fitting the “Specific Authority” delegation criteria described by Kristin Hickman.
10 U.S.C. § 1054 specifically outlines the responsibilities of the Attorney General and the “head of the agency concerned” (defined as the Secretary of Defense, a military department secretary, or the Secretary of the department in which the Coast Guard operates). The statute provides a clear framework for handling claims, including defending civil actions, settling claims, and providing liability insurance. This level of specific instruction regarding a particular regulatory task (“Defense of certain suits arising out of legal malpractice”) aligns with a Specific Authority Delegation, even though some discretion is left to the agency heads.
The statute provides specific instructions regarding the content of the regulations, namely defining “domestic violence” and establishing procedures for military law enforcement officials at the scene of domestic violence incidents. The statute clearly delineates the regulatory task, even using the term “necessary” which, as the instructions state, still falls under “Specific Authority Delegations”.
The statute instructs the agency (Secretary of Defense and Secretary of Homeland Security) to define “domestic violence” and to create other regulations “as may be necessary” to implement the specific requirements outlined in subsections (a) and (b), such as immediate actions required at scenes of domestic violence and the establishment of family advocacy committees. It directs agencies to regulate on a specific issue with clear guidance.
The statute provides a specific regulatory task: prescribing regulations for employing counsel and paying related expenses for certain individuals in foreign legal proceedings. It identifies a particular problem and provides a specific means to address the problem via regulations. While the language “under regulations to be prescribed by him” grants discretion, it falls under the provided definition of “clearly instructs an agency on a specific regulatory task or gap, even using open-ended terms like “appropriate,” “reasonable,” or “necessary.”
The statute specifically instructs the Secretary on the regulatory task: to prescribe regulations governing the employment of counsel and payment of related expenses for certain individuals involved in foreign legal proceedings.
The statute instructs the Secretary on specific regulatory tasks, including defining “dependent” and establishing regulations regarding eligibility for legal assistance for certain survivors and civilian employees. The statute also directs the Secretary to prescribe regulations regarding the provision of military legal assistance across jurisdictions and the establishment and supervision of legal assistance programs.
10 U.S.C. § 1044a(b)(4) and (5) specifically allows the Department of Defense and DHS/Coast Guard, respectively, to designate further individuals “by regulations” who can perform notarial acts. This provides a specific task to the agency via regulation.
While the statute identifies specific roles eligible for notarial powers, it also grants the authority to uniformed services to designate, through regulations, other members with those powers. The statute provides broad rulemaking authority without narrowly defined regulatory tasks, placing it in the General Authority category.
The statute instructs the Secretary concerned to provide a system of continuous screening based on specific criteria outlined in subsections (a)(1)-(5), indicating a specific regulatory task even with the use of terms allowing agency discretion.
10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 referenced in the authority for 48 CFR Part 7 provide a broad rulemaking authority to the Department of Defense regarding acquisition, without focusing on a specific regulatory task.
While the statute covers a wide range of personnel actions, it explicitly instructs the Secretaries of Defense and Homeland Security to prescribe regulations to carry out the specific objective of preventing retaliatory personnel actions against members of the armed forces for protected communications. The delegation is focused on implementing the detailed scheme outlined in the statute.
The statute provides precise guidance on what must be regulated and how. For instance, it details specific procedures for IG investigations (subsections c, d, e), specifies actions to be taken in case of substantiated violations (subsection f), outlines correction of records procedures (subsection g), and provides avenues for review (subsection h). While subsection (i) itself is broad (“prescribe regulations to carry out this section”), the statute as a whole focuses on a specific regulatory goal (whistleblower protection) and defines the scope and nature of the regulations.
The statute specifically instructs the Secretary concerned to prescribe regulations regarding the employment of counsel, payment of fees, court costs, bail, and other expenses incident to the representation of specific individuals before foreign judicial tribunals and administrative agencies. While open-ended terms are not explicitly used, the detail provided points towards a specific regulatory task.
The statute clearly instructs the agency (Secretary of State) on a specific regulatory task: to compile, edit, index, and publish treaties and international agreements. The statute also provides details about what the compilation should contain and its legal standing, pointing towards specific guidance.
The statute clearly instructs the Secretary of State regarding specific regulatory tasks – monthly reporting to Congress, public availability of agreements, and implementing regulations to carry out the section.
The statute mentions and references chapters within Title 10 and other titles within the U.S. Code as authority, without identifying specific regulatory tasks, making it a general authority delegation as the definitions it contains support broad authorities rather than specific actions.