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12 U.S.C. § 25b — State law preemption standards for national banks and subsidiaries clarified
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** For purposes of this section, the following definitions shall apply:
(1) **National bank** — The term “national bank” includes—
(A) any bank organized under the laws of the United States; and
(B) any Federal branch established in accordance with the International Banking Act of 1978 [[12 U.S.C. 3101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3101&num=0&edition=prelim) et seq.].
(2) **State consumer financial laws** — The term “State consumer financial law” means a State law that does not directly or indirectly discriminate against national banks and that directly and specifically regulates the manner, content, or terms and conditions of any financial transaction (as may be authorized for national banks to engage in), or any account related thereto, with respect to a consumer.
(3) **Other definitions** — The terms “affiliate”, “subsidiary”, “includes”, and “including” have the same meanings as in [section 1813 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1813&num=0&edition=prelim).
**(b) Preemption standard**
(1) **In general** — State consumer financial laws are preempted, only if—
(A) application of a State consumer financial law would have a discriminatory effect on national banks, in comparison with the effect of the law on a bank chartered by that State;
(B) in accordance with the legal standard for preemption in the decision of the Supreme Court of the United States in Barnett Bank of Marion County, N. A. v. Nelson, Florida Insurance Commissioner, et al., 517 U.S. 25 (1996), the State consumer financial law prevents or significantly interferes with the exercise by the national bank of its powers; and any preemption determination under this subparagra
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Source location: Title 12, Chapter 2, § 25b; chapter-002-national-banks.md
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**(a) Definitions** For purposes of this section, the following definitions shall apply:
(1) **National bank** — The term “national bank” includes—
(A) any bank organized under the laws of the United States; and
(B) any Federal branch established in accordance with the International Banking Act of 1978 [[12 U.S.C. 3101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3101&num=0&edition=prelim) et seq.].
(2) **State consumer financial laws** — The term “State consumer financial law” means a State law that does not directly or indirectly discriminate against national banks and that directly and specifically regulates the manner, content, or terms and conditions of any financial transaction (as may be authorized for national banks to engage in), or any account related thereto, with respect to a consumer.
(3) **Other definitions** — The terms “affiliate”, “subsidiary”, “includes”, and “including” have the same meanings as in [section 1813 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1813&num=0&edition=prelim).
**(b) Preemption standard**
(1) **In general** — State consumer financial laws are preempted, only if—
(A) application of a State consumer financial law would have a discriminatory effect on national banks, in comparison with the effect of the law on a bank chartered by that State;
(B) in accordance with the legal standard for preemption in the decision of the Supreme Court of the United States in Barnett Bank of Marion County, N. A. v. Nelson, Florida Insurance Commissioner, et al., 517 U.S. 25 (1996), the State consumer financial law prevents or significantly interferes with the exercise by the national bank of its powers; and any preemption determination under this subparagraph may be made by a court, or by regulation or order of the Comptroller of the Currency on a case-by-case basis, in accordance with applicable law; or
(C) the State consumer financial law is preempted by a provision of Federal law other than title 62 of the Revised Statutes.
(2) **Savings clause** — Title 62 of the Revised Statutes and [section 371 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section371&num=0&edition=prelim) do not preempt, annul, or affect the applicability of any State law to any subsidiary or affiliate of a national bank (other than a subsidiary or affiliate that is chartered as a national bank).
(3) **Case-by-case basis**
(A) *Definition* — As used in this section the term “case-by-case basis” refers to a determination pursuant to this section made by the Comptroller concerning the impact of a particular State consumer financial law on any national bank that is subject to that law, or the law of any other State with substantively equivalent terms.
(B) *Consultation* — When making a determination on a case-by-case basis that a State consumer financial law of another State has substantively equivalent terms as one that the Comptroller is preempting, the Comptroller shall first consult with the Bureau of Consumer Financial Protection and shall take the views of the Bureau into account when making the determination.
(4) **Rule of construction** — Title 62 of the Revised Statutes does not occupy the field in any area of State law.
(5) **Standards of review**
(A) *Preemption* — A court reviewing any determinations made by the Comptroller regarding preemption of a State law by title 62 of the Revised Statutes or [section 371 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section371&num=0&edition=prelim) shall assess the validity of such determinations, depending upon the thoroughness evident in the consideration of the agency, the validity of the reasoning of the agency, the consistency with other valid determinations made by the agency, and other factors which the court finds persuasive and relevant to its decision.
(B) *Savings clause* — Except as provided in subparagraph (A), nothing in this section shall affect the deference that a court may afford to the Comptroller in making determinations regarding the meaning or interpretation of title LXII of the Revised Statutes of the United States or other Federal laws.
(6) **Comptroller determination not delegable** — Any regulation, order, or determination made by the Comptroller of the Currency under paragraph (1)(B) shall be made by the Comptroller, and shall not be delegable to another officer or employee of the Comptroller of the Currency.
**(c) Substantial evidence** No regulation or order of the Comptroller of the Currency prescribed under subsection (b)(1)(B), shall be interpreted or applied so as to invalidate, or otherwise declare inapplicable to a national bank, the provision of the State consumer financial law, unless substantial evidence, made on the record of the proceeding, supports the specific finding regarding the preemption of such provision in accordance with the legal standard of the decision of the Supreme Court of the United States in Barnett Bank of Marion County, N.A. v. Nelson, Florida Insurance Commissioner, et al., 517 U.S. 25 (1996).
**(d) Periodic review of preemption determinations**
(1) **In general** — The Comptroller of the Currency shall periodically conduct a review, through notice and public comment, of each determination that a provision of Federal law preempts a State consumer financial law. The agency shall conduct such review within the 5-year period after prescribing or otherwise issuing such determination, and at least once during each 5-year period thereafter. After conducting the review of, and inspecting the comments made on, the determination, the agency shall publish a notice in the Federal Register announcing the decision to continue or rescind the determination or a proposal to amend the determination. Any such notice of a proposal to amend a determination and the subsequent resolution of such proposal shall comply with the procedures set forth in subsections (a) and (b) of [section 43 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section43&num=0&edition=prelim).
(2) **Reports to Congress** — At the time of issuing a review conducted under paragraph (1), the Comptroller of the Currency shall submit a report regarding such review to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. The report submitted to the respective committees shall address whether the agency intends to continue, rescind, or propose to amend any determination that a provision of Federal law preempts a State consumer financial law, and the reasons therefor.
**(e) Application of State consumer financial law to subsidiaries and affiliates** Notwithstanding any provision of title 62 of the Revised Statutes or [section 371 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section371&num=0&edition=prelim), a State consumer financial law shall apply to a subsidiary or affiliate of a national bank (other than a subsidiary or affiliate that is chartered as a national bank) to the same extent that the State consumer financial law applies to any person, corporation, or other entity subject to such State law.
**(f) Preservation of powers related to charging interest** No provision of title 62 of the Revised Statutes shall be construed as altering or otherwise affecting the authority conferred by [section 85 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section85&num=0&edition=prelim) for the charging of interest by a national bank at the rate allowed by the laws of the State, territory, or district where the bank is located, including with respect to the meaning of “interest” under such provision.
**(g) Transparency of OCC preemption determinations** The Comptroller of the Currency shall publish and update no less frequently than quarterly, a list of preemption determinations by the Comptroller of the Currency then in effect that identifies the activities and practices covered by each determination and the requirements and constraints determined to be preempted.
**(h) Clarification of law applicable to nondepository institution subsidiaries and affiliates of national banks**
(1) **Definitions** — For purposes of this subsection, the terms “depository institution”, “subsidiary”, and “affiliate” have the same meanings as in [section 1813 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1813&num=0&edition=prelim).
(2) **Rule of construction** — No provision of title 62 of the Revised Statutes or [section 371 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section371&num=0&edition=prelim) shall be construed as preempting, annulling, or affecting the applicability of State law to any subsidiary, affiliate, or agent of a national bank (other than a subsidiary, affiliate, or agent that is chartered as a national bank).
**(i) Visitorial powers**
(1) **11 So in original. No par. (2) has been enacted. In general** — In accordance with the decision of the Supreme Court of the United States in Cuomo v. Clearing House Assn., L. L. C. (129 S. Ct. 2710 (2009)), no provision of title 62 of the Revised Statutes which relates to visitorial powers or otherwise limits or restricts the visitorial authority to which any national bank is subject shall be construed as limiting or restricting the authority of any attorney general (or other chief law enforcement officer) of any State to bring an action against a national bank in a court of appropriate jurisdiction to enforce an applicable law and to seek relief as authorized by such law.
**(j) Enforcement actions** The ability of the Comptroller of the Currency to bring an enforcement action under title 62 of the Revised Statutes or [section 45 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45&num=0&edition=prelim) does not preclude any private party from enforcing rights granted under Federal or State law in the courts.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** The Secretary, in consultation with the Director, shall designate a Private Education Loan Ombudsman (in this section referred to as the “Ombudsman”) within the Bureau, to provide timely assistance to borrowers of private education loans.
**(b) Public information** The Secretary and the Director shall disseminate information about the availability and functions of the Ombudsman to borrowers and potential borrowers, as well as institutions of higher education, lenders, guaranty agencies, loan servicers, and other participants in private education student loan programs.
**(c) Functions of Ombudsman** The Ombudsman designated under this subsection shall—
(1) in accordance with regulations of the Director, receive, review, and attempt to resolve informally complaints from borrowers of loans described in subsection (a), including, as appropriate, attempts to resolve such complaints in collaboration with the Department of Education and with institutions of higher education, lenders, guaranty agencies, loan servicers, and other participants in private education loan programs;
(2) not later than 90 days after the designated transfer date, establish a memorandum of understanding with the student loan ombudsman established under [section 1018(f) of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1018/f&num=0&edition=prelim), to ensure coordination in providing assistance to and serving borrowers seeking to resolve complaints related to their private education or Federal student loans;
(3) compile and analyze data on borrower complaints regarding private education loans; and
(4) make appropriate recommendations to the Director, the Secretary, the Secretary of Education, the Committee on Banking, Housing, and Urban A
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Federal law — U.S. Code and appendices · legal_authorities
Any association may take, receive, reserve, and charge on any loan or discount made, or upon any notes, bills of exchange, or other evidences of debt, interest at the rate allowed by the laws of the State, Territory, or District where the bank is located, or at a rate of 1 per centum in excess of the discount rate on ninety-day commercial paper in effect at the Federal reserve bank in the Federal reserve district where the bank is located, whichever may be the greater, and no more, except that where by the laws of any State a different rate is limited for banks organized under State laws, the rate so limited shall be allowed for associations organized or existing in any such State under title 62 of the Revised Statutes. When no rate is fixed by the laws of the State, or Territory, or District, the bank may take, receive, reserve, or charge a rate not exceeding 7 per centum, or 1 per centum in excess of the discount rate on ninety day commercial paper in effect at the Federal reserve bank in the Federal reserve district where the bank is located, whichever may be the greater, and such interest may be taken in advance, reckoning the days for which the note, bill, or other evidence of debt has to run. The maximum amount of interest or discount to be charged at a branch of an association located outside of the States of the United States and the District of Columbia shall be at the rate allowed by the laws of the country, territory, dependency, province, dominion, insular possession, or other political subdivision where the branch is located. And the purchase, discount, or sale of a bona fide bill of exchange, payable at another place than the place of such purchase, discount, or sale, at not more than the current rate of exchange for sight drafts in addition to the interes
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter—
(1) “agency” means any office or any place of business of a foreign bank located in any State of the United States at which credit balances are maintained incidental to or arising out of the exercise of banking powers, checks are paid, or money is lent but at which deposits may not be accepted from citizens or residents of the United States;
(2) “Board” means the Board of Governors of the Federal Reserve System;
(3) “branch” means any office or any place of business of a foreign bank located in any State of the United States at which deposits are received;
(4) “Comptroller” means the Comptroller of the Currency;
(5) “Federal agency” means an agency of a foreign bank established and operating under [section 3102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3102&num=0&edition=prelim);
(6) “Federal branch” means a branch of a foreign bank established and operating under [section 3102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3102&num=0&edition=prelim);
(7) “foreign bank” means any company organized under the laws of a foreign country, a territory of the United States, Puerto Rico, Guam, American Samoa, or the Virgin Islands, which engages in the business of banking, or any subsidiary or affiliate, organized under such laws, of any such company. For the purposes of this chapter the term “foreign bank” includes, without limitation, foreign commercial banks, foreign merchant banks and other foreign institutions that engage in banking activities usual in connection with the business of banking in the countries where such foreign institutions are organized or operating;
(8) “foreign country” means any country other than the United States, and
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Notice and opportunity for comment required** Before issuing any opinion letter or interpretive rule, in response to a request or upon the agency’s own motion, that concludes that Federal law preempts the application to a national bank of any State law regarding community reinvestment, consumer protection, fair lending, or the establishment of intrastate branches, or before making a determination under [section 36(f)(1)(A)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section36/f/1/A/ii&num=0&edition=prelim), the appropriate Federal banking agency (as defined in [section 1813 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1813&num=0&edition=prelim)) shall—
(1) publish in the Federal Register notice of the preemption or discrimination issue that the agency is considering (including a description of each State law at issue);
(2) give interested parties not less than 30 days in which to submit written comments; and
(3) in developing the final opinion letter or interpretive rule issued by the agency, or making any determination under [section 36(f)(1)(A)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section36/f/1/A/ii&num=0&edition=prelim), consider any comments received.
**(b) Publication required** The appropriate Federal banking agency shall publish in the Federal Register—
(1) any final opinion letter or interpretive rule concluding that Federal law preempts the application of any State law regarding community reinvestment, consumer protection, fair lending, or establishment of intrastate branches to a national bank; and
(2) any determination under [section 36(f)(1)(A)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granu
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Declaration of unlawfulness; power to prohibit unfair practices; inapplicability to foreign trade**
(1) Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful.
(2) The Commission is hereby empowered and directed to prevent persons, partnerships, or corporations, except banks, savings and loan institutions described in [section 57a(f)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a/f/3&num=0&edition=prelim), Federal credit unions described in [section 57a(f)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a/f/4&num=0&edition=prelim), common carriers subject to the Acts to regulate commerce, air carriers and foreign air carriers subject to part A of subtitle VII of title 49, and persons, partnerships, or corporations insofar as they are subject to the Packers and Stockyards Act, 1921, as amended [[7 U.S.C. 181](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section181&num=0&edition=prelim) et seq.], except as provided in section 406(b) of said Act [[7 U.S.C. 227(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section227/b&num=0&edition=prelim)], from using unfair methods of competition in or affecting commerce and unfair or deceptive acts or practices in or affecting commerce.
(3) This subsection shall not apply to unfair methods of competition involving commerce with foreign nations (other than import commerce) unless—
(A) such methods of competition have a direct, substantial, and reasonably foreseeable effect—
(i) on commerce which is not commerce with foreign nations, or on import commerce with foreign nations; or
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter—
**(a) Definitions of bank and related terms**
(1) **Bank** — The term “bank”—
(A) means any national bank and State bank, and any Federal branch and insured branch;
(B) includes any former savings association.
(2) **State bank** — The term “State bank” means any bank, banking association, trust company, savings bank, industrial bank (or similar depository institution which the Board of Directors finds to be operating substantially in the same manner as an industrial bank), or other banking institution which—
(A) is engaged in the business of receiving deposits, other than trust funds (as defined in this section); and
(B) is incorporated under the laws of any State or which is operating under the Code of Law for the District of Columbia,
including any cooperative bank or other unincorporated bank the deposits of which were insured by the Corporation on the day before August 9, 1989.
(3) **State** — The term “State” means any State of the United States, the District of Columbia, any territory of the United States, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the Northern Mariana Islands.
**(b) Definition of savings associations and related terms**
(1) **Savings association** — The term “savings association” means—
(A) any Federal savings association;
(B) any State savings association; and
(C) any corporation (other than a bank) that the Board of Directors and the Comptroller of the Currency jointly determine to be operating in substantially the same manner as a savings association.
(2) **Federal savings association** — The term “Federal savings association” means any Federal savings association or Federal savings bank which is chartered under [section 1464 of t
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1813
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization to make real estate loans; orders, rules, and regulations of Comptroller of the Currency** Any national banking association may make, arrange, purchase or sell loans or extensions of credit secured by liens on interests in real estate, subject to section 1828(o) of this title and such restrictions and requirements as the Comptroller of the Currency may prescribe by regulation or order.
**(b) Eligibility for discount as commercial paper of notes representing loans financing construction of residential or farm buildings; prerequisites** Notes representing loans made under this section to finance the construction of residential or farm buildings and having maturities not to exceed nine months shall be eligible for discount as commercial paper within the terms of the first paragraph of [section 343 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section343&num=0&edition=prelim) if accompanied by a valid and binding agreement to advance the full amount of the loan upon the completion of the building entered into by an individual, partnership, association, or corporation acceptable to the discounting bank.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Standards for the issuance of payment stablecoins**
(1) **In general** — A permitted payment stablecoin issuer shall—
(A) maintain identifiable reserves backing the outstanding payment stablecoins of the permitted payment stablecoin issuer on an at least 1 to 1 basis, with reserves comprising—
(i) United States coins and currency (including Federal Reserve notes) or money standing to the credit of an account with a Federal Reserve Bank;
(ii) funds held as demand deposits (or other deposits that may be withdrawn upon request at any time) or insured shares at an insured depository institution (including any foreign branches or agents, including correspondent banks, of an insured depository institution), subject to limitations established by the Corporation and the National Credit Union Administration, as applicable, to address safety and soundness risks of such insured depository institution;
(iii) Treasury bills, notes, or bonds—
(I) with a remaining maturity of 93 days or less; or
(II) issued with a maturity of 93 days or less;
(iv) money received under repurchase agreements, with the permitted payment stablecoin issuer acting as a seller of securities and with an overnight maturity, that are backed by Treasury bills with a maturity of 93 days or less;
(v) reverse repurchase agreements, with the permitted payment stablecoin issuer acting as a purchaser of securities and with an overnight maturity, that are collateralized by Treasury notes, bills, or bonds on an overnight basis, subject to overcollateralization in line with standard market terms, that are—
(I) tri-party;
(II) centrally cleared through a clearing agency registered with the Securities and Exchange Commission; or
(III) bilateral with a co
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Federal law — U.S. Code and appendices · legal_authorities
Page 21
TITLE 12—BANKS AND BANKING
§ 25b
‘‘(5) the State of Michigan was the first State to
allow credit unions to offer prize-linked savings prod-
ucts, and in 2009 launched the first large-scale prize-
linked savings product in the United States;
‘‘(6) the States of Connecticut, Michigan, Maine,
Maryland, Nebraska, North Carolina, Rhode Island,
and Washington all have laws that allow financial in-
stitutions to offer prize-linked savings products;
‘‘(7) in the States of Michigan and Nebraska, more
than 42,000 individuals have opened prize-linked sav-
ings accounts and saved more than $72,000,000;
‘‘(8) prize-linked savings products have been shown
to successfully attract non-savers, the asset poor, and
low-to-moderate income groups, providing individ-
uals with a new tool to build personal savings; and
‘‘(9) encouraging personal savings is in the national
interest of the United States.’’
§ 25b. State law preemption standards for na-
tional banks and subsidiaries clarified
(a) Definitions
For purposes of this section, the following
definitions shall apply:
(1) National bank
The term ‘‘national bank’’ includes—
(A) any bank organized under the laws of
the United States; and
(B) any Federal branch established in ac-
cordance with the International Banking
Act of 1978 [12 U.S.C. 3101 et seq.].
(2) State consumer financial laws
The term ‘‘State consumer financial law’’
means a State law that does not directly or in-
directly discriminate against national banks
and that directly and specifically regulates
the manner, content, or terms and conditions
of any financial transaction (as may be au-
thorized for national banks to engage in), or
any account related thereto, with respect to a
consumer.
(3) Other definitions
The terms ‘‘affiliate’’, ‘‘su
Source: Supplied 2024 U.S. Code historical extraction · 12 U.S.C. § 25b
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Federal law — U.S. Code and appendices · legal_authorities
Page 1492
TITLE 12—BANKS AND BANKING
§ 3101
1 So in original. The comma probably should follow the
quotation marks.
in such amounts as the Board of Directors of the
Bank deems appropriate, except that—
(A) such contributions may be made only
out of the Bank’s earnings, determined in ac-
cordance with generally accepted accounting
principles; and
(B) the Bank shall set aside amounts suffi-
cient to satisfy its obligations to the Sec-
retary of the Treasury for payments of prin-
cipal and interest on class A notes and other
debt before making any contributions to such
nonprofit corporation.
(2) During any period in which the nonprofit
corporation described in subsection (b) is quali-
fied as an organization described in section
501(c)(3) of title 26, contributions made by the
Bank pursuant to paragraph (1) shall be treated
as charitable contributions within the meaning
of section 170(c)(2) of title 26, and may be de-
ducted notwithstanding the provisions of sec-
tion 170(b)(2) of title 26.
(3) During any period in which the nonprofit
corporation described in subsection (b) is quali-
fied as an organization described in section
501(c)(3) of title 26, contributions to such non-
profit corporation by any person shall qualify as
charitable contributions, as defined in section
170(c) of title 26, for purposes of the charitable
contribution deduction provided for in section
170(a) of title 26, and shall also qualify for the
deductions for estate and gift tax purposes pro-
vided for in sections 2055 and 2522 of title 26.
(e) Conflict of interest rules
Notwithstanding the laws of the District of
Columbia, the Board of Directors of such non-
profit corporation shall adopt and publish its
own conflict of interest rules which shall be no
less stringent in e
Source: Supplied 2024 U.S. Code historical extraction · 12 U.S.C. § 3101
Stored review status: historical_2024_not_currentness_verified. The source passage cites 12 U.S.C. § 3101. This identifies an authority to review, not proof of applicability.