
The Federal Housing Enterprises Financial Safety and Soundness Act of 1992 was a significant piece of legislation that aimed to improve the financial stability of Fannie Mae and Freddie Mac.
One of the key provisions of the Act was the requirement that Fannie Mae and Freddie Mac hold a minimum level of capital, known as a "capital requirement", to ensure their financial stability.
The Act also established the Office of Federal Housing Enterprise Oversight (OFHEO) to oversee the safety and soundness of Fannie Mae and Freddie Mac, and to ensure compliance with the Act's provisions.
The capital requirement was set at 30% of the enterprises' assets, and was designed to provide a cushion against potential losses and to ensure that the enterprises could withstand financial shocks.
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Composition and Governance
The Federal Housing Enterprises Financial Safety and Soundness Act of 1992 established a Board to oversee the operations of the federal housing enterprises. The Board is comprised of 4 members, with the Secretary of the Treasury serving as one of them.
The Secretary of Housing and Urban Development also holds a seat on the Board, bringing their expertise to the table.
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Composition

The Board shall be comprised of 4 members. One of these members is the Secretary of the Treasury.
The Board also includes the Secretary of Housing and Urban Development as a member. This is in addition to the Secretary of the Treasury.
This composition of the Board is established by law, and it provides a clear structure for decision-making.
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Special Meetings
Special meetings can be called by the Secretary of the Treasury, the Secretary of Housing and Urban Development, or the Chairman of the Securities and Exchange Commission.
These officials can require a special meeting by giving written notice to the Director.
A special meeting is likely to be called to address specific issues or concerns, such as evaluating the performance of regulated entities in carrying out their respective missions.
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Regulatory Framework
The Federal Housing Enterprises Financial Safety and Soundness Act of 1992 established a regulatory framework to oversee the operations of Fannie Mae and Freddie Mac. The Office of Federal Housing Enterprise Oversight (OFHEO) was created to ensure the safety and soundness of these government-sponsored enterprises.
The OFHEO was tasked with monitoring the financial condition of Fannie Mae and Freddie Mac, as well as their risk management and capital adequacy. This included reviewing their financial statements, assessing their risk management practices, and evaluating their capital adequacy.
The regulatory framework also required Fannie Mae and Freddie Mac to maintain a minimum capital level, which was set at 30 basis points of their total assets. This was designed to ensure that they had sufficient capital to absorb potential losses and maintain their financial stability.
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Definitions
In the regulatory framework, definitions play a crucial role in ensuring clarity and consistency.
The definitions used in this section can be found in Pub. L. 110–289, which is set out as a note under section 4511 of this title.
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Study and Reports
The Director is responsible for conducting an ongoing study of fees charged by enterprises for guaranteeing a mortgage. This includes examining the total revenue earned by the enterprises from guarantee fees.
The study is focused on understanding the financial aspects of mortgage guarantee fees. The Director must stay up-to-date on this information to make informed decisions about the regulatory framework.
The ongoing study will provide valuable insights into the industry's financial practices. This knowledge can be used to make adjustments to the regulatory framework as needed.
The Director's study will help to identify any trends or patterns in the fees charged by enterprises. This information can be used to inform policy decisions and ensure that the regulatory framework is effective.
By conducting this ongoing study, the Director can ensure that the regulatory framework remains relevant and effective.
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Safety and Soundness Requirements
The Federal Housing Enterprises Financial Safety and Soundness Act of 1992 established the Office of Federal Housing Enterprise Oversight (OFHEO) within the United States Department of Housing and Urban Development (HUD).
OFHEO was tasked with ensuring that Fannie Mae and Freddie Mac, the government-sponsored enterprises, operate in a safe and sound manner. The act mandated that HUD set specific goals for these companies regarding low-income and underserved housing areas.
To achieve this, OFHEO developed a risk-based capital simulation model and issued a series of Federal Register notices to solicit public comment. This ultimately led to the issuance of a Final Rule on risk-based capital in 2001.
The Safety and Soundness Act also required OFHEO to establish a risk-based capital standard that would enable each Enterprise to survive a ten-year period with large credit losses and large movements in interest rates. This standard included two interest rate scenarios, with falling and rising rates, and provided parameters for a benchmark loss experience for default and loss severity.
Here are the five criteria OFHEO assesses the safety and soundness of non-mortgage liquidity investment activities against:
- Prudent investment policies and procedures;
- Quality management information;
- Safe & sound investment holdings and investment culture;
- Quality controls and personnel administering and governing the process;
- Independent testing of the process to assure compliance.
Policy Guidance on Minimum Safety and Soundness Requirements
The Federal Housing Enterprises Financial Safety and Soundness Act of 1992 established the Office of Federal Housing Enterprise Oversight (OFHEO) within the United States Department of Housing and Urban Development (HUD).
OFHEO is authorized to ensure that the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation (the Enterprises) are operated in a safe and sound manner.
The Act requires OFHEO to establish a risk-based capital stress test by regulation, which means that each Enterprise must be able to survive a ten-year period with large credit losses and large movements in interest rates.
OFHEO assesses the safety and soundness of non-mortgage liquidity investment activities against five criteria, including prudent investment policies and procedures, quality management information, safe and sound investment holdings, quality controls, and independent testing of the process.
The Enterprises must actively manage liquidity across all three channels to ensure there are sufficient funds available to the mortgage market.
OFHEO may require corrective or remedial actions by the Enterprise if it determines that an Enterprise does not meet a requirement set out in a policy guidance.
Here are the five criteria OFHEO uses to assess the safety and soundness of non-mortgage liquidity investment activities:
- Prudent investment policies and procedures that guide the Enterprise's process;
- Quality management information that ensures timely performance measures and governance data;
- Safe & sound investment holdings and investment culture;
- Quality controls and personnel administering and governing the process; and
- Independent testing of the process to assure compliance.
Information Security Standards

Information Security Standards can be a bit tricky, but let's break it down.
Until January 1, 2004, a contract with a service provider satisfies section 9 as long as the Enterprise entered into the contract on or before the effective date.
You might be wondering what kind of security measures are required. The answer is, until 2004, not much was explicitly stated in the contract.
A contract with a service provider that doesn't include security and confidentiality requirements can still satisfy section 9 if the Enterprise entered into the contract before 2004.
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Financial Management
Financial Management involves actively managing liquidity to ensure sufficient funds are available to the mortgage market. The Enterprise must assess the safety and soundness of non-mortgage liquidity investment activities against five key criteria.
These criteria include prudent investment policies and procedures, quality management information, safe and sound investment holdings, quality controls, and independent testing of the process. The Enterprise should also periodically evaluate the adequacy and content of its public disclosure for non-mortgage investment liquidity activities.
Key aspects of non-mortgage investment activity include summarizing the activity since the last report, identifying and explaining material changes or trends in the non-mortgage liquidity investment portfolio risk and returns, and assessing the safety and soundness of non-mortgage liquidity investment activities against the five criteria mentioned earlier.
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Standards for Liquidity Investments
To ensure the mortgage market has sufficient funds, the Enterprise must actively manage liquidity across all three channels. The Enterprise is assessed on five criteria for non-mortgage liquidity investment activities.
The first criterion is prudent investment policies and procedures that guide the Enterprise's process. This ensures that investments are made with caution and consideration.
The second criterion is quality management information that ensures timely performance measures and governance data. This helps the Enterprise stay on top of its investments and make informed decisions.
The third criterion is safe and sound investment holdings and investment culture. This means that the Enterprise must prioritize investments that are low-risk and stable.
The fourth criterion is quality controls and personnel administering and governing the process. This ensures that the Enterprise has a system in place to monitor and manage its investments.
The fifth criterion is independent testing of the process to assure compliance. This means that the Enterprise's investments are regularly reviewed to ensure they meet the required standards.
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The Enterprise should periodically evaluate the adequacy and content of its public disclosure for non-mortgage investment liquidity activities. This includes summarizing non-mortgage investment activity since the last report, identifying and explaining any material changes or trends in the non-mortgage liquidity investment portfolio risk and returns.
Here are the five criteria for non-mortgage liquidity investment activities:
- Prudent investment policies and procedures
- Quality management information
- Safe and sound investment holdings and investment culture
- Quality controls and personnel
- Independent testing of the process
Study of Fees
The Director is responsible for conducting an ongoing study of fees charged by enterprises for guaranteeing a mortgage. This study is crucial in understanding the financial landscape.
The study aims to track the total revenue earned by the enterprises from guarantee fees. It's essential to monitor this revenue to make informed decisions.
The Director's study will provide valuable insights into the fees charged by enterprises. This information can be used to negotiate better rates or explore alternative options.
The ongoing study of fees will help identify trends and patterns in the industry. This knowledge can be used to make more informed financial decisions.
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The study will also help the Director understand the impact of fees on the overall mortgage industry. By analyzing the data, the Director can make recommendations for improvement.
The Director's study will be an ongoing process, continuously monitoring and tracking the fees charged by enterprises. This will ensure that the information remains up-to-date and accurate.
Part 1720
Part 1720 is issued by the Office of Federal Housing Enterprise Oversight (OFHEO) pursuant to sections 1313(a), 1313(b)(1), and 1313(b)(5) of the Federal Housing Enterprise Financial Safety and Soundness Act.
OFHEO's authority to ensure safe and sound operations of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation is derived from these provisions of the Act.
This part of the regulation is designed to provide policy guidance on minimum safety and soundness requirements, as seen in Appendix A to Part 1720.
Policy guidances adopted by OFHEO address safety and soundness standards that apply to the Enterprises, and if an Enterprise doesn't meet a requirement, OFHEO may require corrective or remedial actions.
The Director of OFHEO has the authority to take any action deemed necessary to ensure safe and sound operations, including adopting supervisory policies and standards by regulation, guidance, or other process.
OFHEO's action with reference to a policy guidance or this regulation may be taken separate from, in conjunction with, or in addition to any other supervisory response, enforcement action, or agency-imposed requirements.
The regulation explicitly states that nothing limits the authority of the Director pursuant to section 1313 of the Act or any other provision of law, rule or regulation applicable to the Enterprises.
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Frequently Asked Questions
What is the GSE Act of 1992?
The GSE Act of 1992 is a federal law that requires Government Sponsored Enterprises (GSEs) to allocate a portion of their annual loan purchases to low-income households, promoting diversity in lending. This landmark legislation aimed to ensure that GSEs benefit all types of borrowers and communities.
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