[Federal Register Volume 59, Number 232 (Monday, December 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29847]


[[Page Unknown]]

[Federal Register: December 5, 1994]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of Federal Housing Enterprise Oversight

12 CFR Chapter XVII and Part 1700

RIN 2501-AB59

 

Establishment of Chapter; Organization and Functions, and Seal

AGENCY: Office of Federal Housing Enterprise Oversight, HUD.

ACTION: Final rule.

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SUMMARY: By this document, the Office of Federal Housing Enterprise 
Oversight (OFHEO) establishes a new chapter in the Code of Federal 
Regulations for publication of its rules, regulations, and policy 
statements. Along with the establishment of the chapter, OFHEO adopts 
final regulations containing a description of its organization and a 
description of its seal and logo.

EFFECTIVE DATE: December 5, 1994.

FOR FURTHER INFORMATION CONTACT: Anne E. Dewey, General Counsel, Office 
of Federal Housing Enterprise Oversight, 1700 G Street NW, 4th Floor, 
Washington, DC 20552, (202) 414-3800.

SUPPLEMENTARY INFORMATION: Title XIII of the Housing and Community 
Development Act of 1992, Pub. L. 102-550, known as the Federal Housing 
Enterprises Financial Safety and Soundness Act of 1992, 12 U.S.C. 4501 
et seq., established the Office of Federal Housing Enterprise Oversight 
(OFHEO) as an independent office within the Department of Housing and 
Urban Development. The primary function of OFHEO is to ensure the 
financial safety and soundness and the capital adequacy of the nation's 
two largest housing finance institutions--the Federal National Mortgage 
Association and the Federal Home Loan Mortgage Corporation. This 
document establishes the regulations of OFHEO in title 12, chapter XVII 
of the Code of Federal Regulations. These regulations delineate the 
origination of OFHEO, the duties and functions of its Director, and the 
organization and functions of OFHEO's various offices.

Regulatory Impact

Administrative Procedure Act

    In acting on the regulations, the Office of Federal Housing 
Enterprise Oversight finds that notice and public comment are 
unnecessary. Section 553(b)(A) of title 5, United States Code, provides 
that when regulations involve matters of agency organization, procedure 
or practice, the agency may publish regulations in final form. In 
addition, OFHEO finds, in accordance with 5 U.S.C. 553(d), that a 
delayed effective date is unnecessary. Accordingly, these regulations 
are effective upon publication.

Regulatory Flexibility Act

    Because no notice of proposed rulemaking is required for this 
regulation, the provisions of the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.) do not apply.

Executive Order 12612, Federalism

    The final rule applies only to agency internal organization and 
functions. It will not affect the states, the relationship between the 
national government and the states, or the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule will not have federalism implications that warrant the preparation 
of a Federalism Assessment.

Executive Order 12606, the Family

    The final rule does not have potential for significant impact on 
family formation, maintenance, and general well-being, and thus, is not 
subject to review under Executive Order 12606.

Executive Order 12866, Regulatory Planning and Review

    OFHEO has determined that this final rule relating to internal 
organization is not a regulatory action that is subject to the 
requirements of Executive Order 12866.

Paperwork Reduction Act

    The final rule contains no information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 
et seq.).

List of Subjects in 12 CFR Part 1700

    Organization and functions (Government agencies), Seals and 
insignia.

    Accordingly, the Office of Federal Housing Enterprise Oversight 
hereby establishes a new chapter XVII in title 12 of the Code of 
Federal Regulations to read as follows:
CHAPTER XVII--OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT, 
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

SUBCHAPTER A--ADMINISTRATIVE PROVISIONS

PART 1700--ORGANIZATION AND FUNCTIONS

Sec.
1700.1  Office of Federal Housing Enterprise Oversight.
1700.2  Organization of the Office of Federal Housing Enterprise 
Oversight.
1700.3  Official seal.
1700.4  Official logo.

    Authority: 5 U.S.C. 552; 12 U.S.C 4513, 4526.


Sec. 1700.1  Office of Federal Housing Enterprise Oversight.

    (a) Scope and authority. The Office of Federal Housing Enterprise 
Oversight (referred to as OFHEO) is an independent office within the 
Department of Housing and Urban Development. OFHEO was created by the 
Federal Housing Enterprises Financial Safety and Soundness Act of 1992 
(Act), Title XIII of the Housing and Community Development Act of 1992 
(Pub. L. 102-550, October 28, 1992; 106 Stat. 3943; 12 U.S.C. 4501, et 
seq.). OFHEO is responsible for the examination and financial 
regulation of the Federal National Mortgage Association (Fannie Mae) 
and the Federal Home Loan Mortgage Corporation (Freddie Mac) 
(collectively, the Enterprises). OFHEO is charged with ensuring that 
the Enterprises are adequately capitalized and operating in a safe and 
sound manner. OFHEO's costs and expenses are funded by annual 
assessments paid by the Enterprises. OFHEO is headed by a Director, who 
is appointed by the President and confirmed by the Senate for a five-
year term.
    (b) Location. OFHEO is located at 1700 G Street NW, 4th Floor, 
Washington, DC 20552. OFHEO's hours of business are 8:30 a.m.-5:00 p.m. 
(eastern standard time), Monday through Friday, excluding Federal 
holidays.


Sec. 1700.2  Organization of the Office of Federal Housing Enterprise 
Oversight.

    (a) Director. The Director has exclusive authority under the Act 
with respect to the management of OFHEO, and is responsible for 
directing the development, implementation, and review of all OFHEO 
programs and functions. The Director appoints such personnel as may be 
necessary to carry out the functions of OFHEO. The Director may 
delegate to OFHEO officers and employees any of the functions, powers, 
and duties of the Director, as the Director considers appropriate. The 
Director may establish and fix the responsibilities of the offices 
within OFHEO as the Director deems necessary for the efficient 
functioning of OFHEO.
    (b) Deputy Director. The Deputy Director of OFHEO is appointed by 
the Director in accordance with the Act. In the event of the absence, 
sickness, death or resignation of the Director, the Deputy Director 
serves as acting Director until the Director's return or the 
appointment of a successor. The Deputy Director performs such 
functions, powers and duties as the Director determines are necessary 
with respect to OFHEO's management and the development and 
implementation of OFHEO's programs and functions.
    (c) Offices and functions. (1) Office of Examination and Oversight. 
The Office of Examination and Oversight plans and conducts examinations 
of the Enterprises, as required by the Act, prepares and issues reports 
of examination summarizing examination findings, and recommends 
corrective action as appropriate. This office is also responsible for 
developing appropriate off-site monitoring procedures.
    (2) Office of Research, Analysis and Capital Standards. The Office 
of Research, Analysis and Capital Standards conducts research and 
ongoing financial and economic analyses on issues related to the 
activities of the Enterprises. This office is responsible for 
determining the ongoing capital classifications and establishing a 
risk-based capital test for the Enterprises as required by the Act, to 
ensure the adequacy of capital levels for the Enterprises.
    (3) Office of Finance and Administration. The Office of Finance and 
Administration provides support services in the financial and 
administrative management of OFHEO. This office is responsible for 
establishing and implementing policies and procedures in the following 
areas: human resources management, contracting and procurement, office 
automation, general office management, records management and security, 
travel and transportation, budget systems, accounting and related 
transactions systems, internal control systems, financial reporting 
systems, and other related services.
    (4) Office of General Counsel. The Office of General Counsel 
advises the Director and OFHEO staff on all legal matters concerning 
the functions, activities, and operations of OFHEO and of the 
Enterprises under the Act. This office is responsible for interpreting 
the Act and other applicable law, including financial institutions 
regulatory issues, securities and corporate law principles, and 
administrative and general legal matters. This office also coordinates 
the preparation of legislation and agency regulations.
    (5) Office of Congressional and Public Affairs. The Office of 
Congressional and Public Affairs is responsible for ensuring 
appropriate coordination and communication by OFHEO with the Congress, 
for monitoring relevant legislative developments and for analyzing and 
developing legislative proposals. This office is also responsible for 
directing and coordinating communication with the news media and the 
public. The Director for Public Affairs serves as spokesperson for 
OFHEO.
    (6) Office of the Chief Economist. The Office of the Chief 
Economist is responsible for directing, planning and conducting 
research and economic and policy analyses to assess and project the 
short- and long-term impact of issues and trends in the housing and 
mortgage finance industries on OFHEO's financial regulatory and 
supervisory responsibilities.
    (d) Additional information. Current information on the organization 
of the Office of Federal Housing Enterprise Oversight may be obtained 
from the Office of Congressional and Public Affairs, 1700 G Street NW, 
4th Floor, Washington, DC 20552.


Sec. 1700.3  Official seal.

    This section describes and displays the official seal of the Office 
of Federal Housing Enterprise Oversight.
    (a) Description. A disc consisting of two concentric circles 
enclosing the words ``Office of Federal Housing Enterprise Oversight'' 
and the inaugural year, 1993. In the center of the disc is a stylized 
image of a structure consisting of a solid trapezoidal base topped by a 
solid triangular shape. Placed between the base and the top is the 
acronym for the organization, ``OFHEO.'' Encircling this stylized 
building shape are twelve five-pointed stars.
    (b) Display.

BILLING CODE 4220-01-P


TR05DE94.000


BILLING CODE 4220-01-C

Sec. 1700.4  Official logo.

    This section describes and displays the logo adopted by the Office 
of Federal Housing Enterprise Oversight as the official symbol 
representing OFHEO. It is displayed on correspondence and selected 
documents.
    (a) Description. A stylized image of a structure consisting of a 
solid trapezoid-shaped base that becomes increasingly wider at the 
bottom. At the top is a triangular shape which represents the roof of 
the structure. Placed between the triangle and the trapezoid are the 
letters ``OFHEO.'' These letters spell out the acronym of the Office of 
Federal Housing Enterprise Oversight and act as a visual link between 
the top and bottom of the structure.
    (b) Display.
BILLING CODE 4220-01-P


TR05DE94.001


BILLING CODE 4220-01-C

    Dated: November 29, 1994.
Aida Alvarez,
Director, Office of Federal Housing Enterprise Oversight.
[FR Doc. 94-29847 Filed 12-2-94; 8:45 am]
BILLING CODE 4220-01-P