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B-332823 1 (2021-01-05)

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G      A     O       U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-332823



January 5, 2021

The Honorable Mike Crapo
Chairman
The Honorable Sherrod Brown
Ranking Member
Committee on Banking, Housing, and Urban Affairs
United States Senate

The Honorable Maxine Waters
Chairwoman
The Honorable Patrick McHenry
Ranking Member
Committee on Financial Services
House  of Representatives

Subject: Federal Housing Finance Agency: 2021 Enterprise Housing Goals

Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Federal Housing Finance Agency (FHFA) entitled 2021 Enterprise Housing
Goals (RIN: 2590-AB04). We received the rule on December 17, 2020. It was published in the
Federal Register as a final rule on December 21, 2020. 85 Fed. Reg. 82881. The effective date
of the rule is February 19, 2021.

According to FHFA, the final rule contains the 2021 housing goals for Fannie Mae and Freddie
Mac  (the Enterprises). FHFA stated the Federal Housing Enterprises Financial Safety and
Soundness  Act of 1992, Pub. L. No. 102-550, title XIII, 106 Stat. 3941 (Oct. 28, 1992), requires
it to establish annual housing goals for mortgages purchased by the Enterprises. The agency
further stated the housing goals include separate categories for single family and multi-family
mortgages on housing that is affordable to low-income and very low-income families, among
other categories. FHFA also stated the final rule establishes benchmark levels for each of the
housing goals for 2021.

The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major
rule from the date of publication in the Federal Register or receipt of the rule by Congress,
whichever is later. 5 U.S.C. § 801(a)(3)(A). The House of Representatives received the final
rule on December 28, 2020. 166 Cong. Rec. H9175 (daily ed. Dec. 31, 2020). The
Congressional Record does not indicate when the Senate received the final rule. The final rule
was published on December 21, 2020. 85 Fed. Reg. 82881. The final rule has a stated
effective date of February 19, 2021. Therefore, based on the later receipt date of December 28,
2020, the final rule does not have the required 60-day delay in its effective date.

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