Federal Housing Finance Agency 2023 – Federal Register Recent Federal Regulation Documents
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Enterprise Regulatory Capital Framework-Commingled Securities, Multifamily Government Subsidy, Derivatives, and Other Enhancements
The Federal Housing Finance Agency (FHFA or the Agency) is adopting a final rule that amends several provisions in the Enterprise Regulatory Capital Framework (ERCF) for the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac, and with Fannie Mae, each an Enterprise). The final rule includes modifications related to guarantees on commingled securities, multifamily mortgage exposures secured by government-subsidized properties, and derivatives and cleared transactions, among other items.
Privacy Act of 1974; System of Records
In accordance with the requirements of the Privacy Act of 1974, as amended, (Privacy Act), the Federal Housing Finance Agency (FHFA or Agency) is proposing to modify the current FHFA system of records titled, ``FHFA-15, Payroll, Retirement, Time and Attendance, and Leave Records'' (System). The system of records allows FHFA to manage human resources and payroll functions for the Agency. This modification is to: update the categories of records collected to include information related to work agreements; update the service provider used to maintain the payroll, retirement, and leave records contained in the system; correct and update the authority for maintaining the system; expand the system's purpose for the records collection; add new record source categories to be compatible with the new categories of records collected; revise and modify the routine uses to be consistent with FHFA's standard routine uses and those specific to this collection; and make other minor corrections and administrative updates to the remaining sections in the notice in accordance with OMB Circular A-108.
Proposed Collection; Comment Request
In accordance with the requirements of the Paperwork Reduction Act of 1995 (PRA), the Federal Housing Finance Agency (FHFA) is seeking public comments concerning an information collection known as ``Federal Home Loan Bank Capital Stock,'' which has been assigned control number 2590-0002 by the Office of Management and Budget (OMB). FHFA intends to submit the information collection to OMB for review and approval of a three-year extension of the control number, which is due to expire on November 30, 2023.
Exception to Restrictions on Private Transfer Fee Covenants for Loans Meeting Certain Duty To Serve Shared Equity Loan Program Requirements
The Federal Housing Finance Agency (FHFA) is proposing to amend its regulation that restricts its regulated entitiesthe Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac) (collectively, the Enterprises), and the Federal Home Loan Banks (Banks)from purchasing, investing in, accepting as collateral, or otherwise dealing in mortgages on properties encumbered by certain types of private transfer fee covenants (PTFCs), and in related securities, subject to certain exceptions (PTFC Regulation). The proposed rule would establish an additional exception to the restrictions for loans on properties with PTFCs, and related securities, if the loans meet certain shared equity loan program requirements for Resale Restriction Programs in FHFA's Duty to Serve Underserved Markets Regulation (Duty to Serve Regulation).
Proposed Collection; Comment Request
In accordance with the requirements of the Paperwork Reduction Act of 1995 (PRA), the Federal Housing Finance Agency (FHFA) is seeking public comments concerning an information collection known as ``Members of the Banks,'' which has been assigned control number 2590-0003 by the Office of Management and Budget (OMB). FHFA intends to submit the information collection to OMB for review and approval of a three-year extension of the control number, which is due to expire on September 30, 2023.
Request for Applications and Nominations for Members of the Federal Housing Finance Agency Federal Advisory Committee on Affordable, Equitable, and Sustainable Housing
The Federal Housing Finance Agency is seeking individuals to serve on the Advisory Committee on Affordable, Equitable, and Sustainable Housing (Committee). It is estimated that the Committee will meet at least twice annually to advise FHFA regarding affordable, equitable, and sustainable housing. Recommendations by the Committee help inform FHFA's perspective on regulatory, guidance, or policy changes that may be necessary to expand affordable, equitable, and sustainable housing, with a focus on FHFA's regulated entities and their respective roles in providing a reliable source of liquidity and funding for housing finance and community investment including both single-family and multifamily housing.
Proposed Collection; Comment Request
In accordance with the requirements of the Paperwork Reduction Act of 1995 (PRA), the Federal Housing Finance Agency (FHFA) is seeking public comment concerning an information collection known as ``Federal Home Loan Bank Capital Stock,'' which has been assigned control number 2590-0002 by the Office of Management and Budget (OMB). FHFA intends to submit the information collection to OMB for review and approval of a three-year extension of the control number, which is due to expire on November 30, 2023.
Suspended Counterparty Program
The Federal Housing Finance Agency (FHFA) is proposing to amend the existing Suspended Counterparty Program (SCP) regulation. FHFA proposes to expand the categories of covered misconduct on which a suspension could be based to include sanctions arising from certain forms of civil enforcement. The proposed rule would also eliminate the requirement that any final suspension order be preceded by a proposed suspension order, but only when the suspension is based on an administrative sanction.
Quality Control Standards for Automated Valuation Models
The OCC, Board, FDIC, NCUA, CFPB, and FHFA (collectively, the agencies) invite comment on a proposed rule to implement the quality control standards mandated by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) for the use of automated valuation models (AVMs) by mortgage originators and secondary market issuers in determining the collateral worth of a mortgage secured by a consumer's principal dwelling. Under the proposal, the agencies would require institutions that engage in certain credit decisions or securitization determinations to adopt policies, practices, procedures, and control systems to ensure that AVMs used in these transactions to determine the value of mortgage collateral adhere to quality control standards designed to ensure a high level of confidence in the estimates produced by AVMs; protect against the manipulation of data; seek to avoid conflicts of interest; require random sample testing and reviews; and comply with applicable nondiscrimination laws.
Proposed Collection; Comment Request
In accordance with the requirements of the Paperwork Reduction Act of 1995 (PRA), the Federal Housing Finance Agency (FHFA) is seeking public comments concerning an information collection known as ``Members of the Banks,'' which has been assigned control number 2590-0003 by the Office of Management and Budget (OMB). FHFA intends to submit the information collection to OMB for review and approval of a three-year extension of the control number, which is due to expire on September 30, 2023.
Privacy Act of 1974; System of Records
In accordance with the requirements of the Privacy Act of 1974, as amended, (Privacy Act), the Federal Housing Finance Agency (FHFA or Agency) is establishing FHFA-31, ``Biographies'' (System) in order to collect photographs and biographical information of FHFA Office of General Counsel (OGC) personnel, including Federal employees, detailees, and contractors.
Prudential Management and Operations Standards
The Federal Housing Finance Agency (FHFA) is correcting inadvertent typographical errors in the preamble published in the Federal Register on May 4, 2023, regarding amendments to its regulation governing prudential management and operations standards (the regulation) to correct certain references made to the proposed rule that should have been references to the existing regulation that FHFA is proposing to amend. There are no corrections to the proposed amendments to the regulation text or to the appendix.
Prudential Management and Operations Standards
The Federal Housing Finance Agency (FHFA) is proposing to amend its prudential management and operations standards Rule (rule) to clarify that FHFA may establish prudential management and operations standards (Standards) as regulations as well as guidelines. The proposed amendments to the rule would also revise definitions and make other conforming changes. FHFA is not proposing to establish new Standards or to revise Standards already established. However, FHFA is proposing that the rule and some of the existing Standards in the appendix to the rule be made applicable to the Office of Finance of the Federal Home Loan Bank System (OF).
Fair Lending, Fair Housing, and Equitable Housing Finance Plans
The Federal Housing Finance Agency (FHFA or the Agency) is seeking comments on a proposed rule that would address barriers to sustainable housing opportunities for underserved communities by codifying existing FHFA practices in regulation and adding new requirements related to fair lending, fair housing, and Equitable Housing Finance Plans. The proposed rule would improve FHFA's fulfillment of its statutory purposes and its oversight of the Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac), and the Federal Home Loan Banks (Banks) (Fannie Mae and Freddie Mac collectively, the Enterprises; the Enterprises and the Banks collectively, regulated entities), and their fulfillment of their statutory purposes.
Enterprise Duty To Serve Underserved Markets-Colonia Census Tract Amendments
The Federal Housing Finance Agency (FHFA) is adopting as final, without change, a proposed rule that amends its Enterprise Duty to Serve Underserved Markets regulation to add a definition of ``colonia census tract,'' to serve as a census tract-based proxy for a ``colonia.'' The final rule also amends the definition of ``high-needs rural region'' in the regulation by substituting ``colonia census tract'' for ``colonia.'' In addition, the final rule revises the definition of ``rural area'' in the regulation to include all colonia census tracts regardless of their location. These changes will make certain activities by the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (collectively, the Enterprises) in all colonia census tracts eligible for Duty to Serve credit. The intent of the changes is to facilitate the Enterprises' ability to operationalize their Duty to Serve activities in colonia census tracts and thereby help increase liquidity in these underserved communities.
Proposed Collection; Comment Request
In accordance with the requirements of the Paperwork Reduction Act of 1995 (PRA), the Federal Housing Finance Agency (FHFA) is seeking public comments concerning an information collection known as the ``National Survey of Mortgage Originations'' (NSMO), which has been assigned control number 2590-0012 by the Office of Management and Budget (OMB). FHFA intends to submit the information collection to OMB for review and approval of a three-year extension of the control number, which is due to expire on June 30, 2023.
Notice of Regulatory Review
The Federal Housing Finance Agency (FHFA) is issuing a notice of a regulatory review to be conducted in accordance with the process set forth in its Regulatory Review Plan published in February 2012, and is requesting comments on how its regulations may be made more effective and less burdensome.
Enterprise Regulatory Capital Framework-Commingled Securities, Multifamily Government Subsidy, Derivatives, and Other Enhancements
The Federal Housing Finance Agency (FHFA or the Agency) is seeking comments on a notice of proposed rulemaking (proposed rule) that would amend several provisions in the Enterprise Regulatory Capital Framework (ERCF) for the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac, and with Fannie Mae, each an Enterprise). The proposed rule would include modifications related to guarantees on commingled securities, multifamily mortgage exposures secured by government-subsidized properties, derivatives and cleared transactions, and credit scores, among other items.
Orders: Reporting by Regulated Entities of Stress Testing Results as of December 31, 2022; Summary Instructions and Guidance
In this document, the Federal Housing Finance Agency (FHFA) provides notice that it issued Orders, dated March 7, 2023, with respect to stress test reporting as of December 31, 2022, under section 165(i)(2) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), as amended by section 401 of the Economic Growth, Regulatory Relief, and Consumer Protection Act (EGRRCPA). Summary Instructions and Guidance accompanied the Orders to provide testing scenarios.
Prior Approval for Enterprise Products
On December 27, 2022, the Federal Housing Finance Agency (FHFA) published in the Federal Register a final rule amending its regulations to implement a provision of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, as amended. The final rule had an effective date of February 27, 2023. FHFA has determined that a delay of the effective date of the final rule by 60 days is appropriate.
Federal Home Loan Bank Community Support Program-Opportunity To Comment on Members Subject to Review
The Federal Housing Finance Agency (FHFA) is announcing that FHFA will review all Federal Home Loan Bank (Bank) members subject to community support review in 2023 under FHFA's community support requirements regulation. This Notice invites the public to comment on the community support performance of members subject to the review.
Privacy Act of 1974; System of Records
In accordance with the requirements of the Privacy Act of 1974, as amended, (Privacy Act), the Federal Housing Finance Agency (FHFA or Agency) is establishing FHFA-30, ``Advisory Committee Manager System'' (System). This system of records allows FHFA to collect and maintain records submitted to or obtained by FHFA in connection with seeking, choosing, managing, or ending membership on FHFA advisory committees created pursuant to the Federal Advisory Committee Act (FACA).
Proposed Collection; Comment Request
The Federal Housing Finance Agency (FHFA or Agency), as part of its continuing effort to reduce paperwork and respondent burden, invites public comments on a new information collection titled ``Tech Sprints,'' as required by the Paperwork Reduction Act of 1995 (PRA). This information collection has not yet been assigned a control number by the Office of Management and Budget (OMB). FHFA intends to submit the information collection to OMB for review and approval of a three- year control number.
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