Replies to post #638646 on Fannie Mae-No Politics (FNMA)

[kthomp19]

OFHEO did NOT have executive POWER, it was an executive agency but WITHOUT executive power
FHFA has executive power and is independent which is not constitutional(single director)

I agree with the second part, but not the first. What makes OHFEO's power non-executive and FHFA's executive?

Let's look at Section 1313(b) of the GSE Act of 1992:

SEC. 1313. DUTY AND AUTHORITY OF DIRECTOR.
(b) AUTHORITY EXCLUSIVE OF SECRETARY- The Director is authorized, without the review or approval of the Secretary, to make such determinations, take such actions, and perform such functions as the Director determines necessary regarding--
(1) the issuance of regulations to carry out this part, subtitle B, and subtitle C (including the establishment of capital standards pursuant to subtitle B);
(2) examinations of the enterprises under section 1317;
(3) determining the capital levels of the enterprises and classification of the enterprises within capital classifications established under subtitle B;
(4) decisions to appoint conservators for the enterprises;
(5) administrative and enforcement actions under subtitle B, actions taken under subtitle C with respect to enforcement of subtitle B, and other matters relating to safety and soundness;
(6) approval of payments of capital distributions by the enterprises under section 303(c)(2) of the Federal National Mortgage Association Charter Act and section 303(b)(2) of the Federal Home Loan Mortgage Corporation Act;
(7) requiring the enterprises to submit reports under section 1314 of this title, section 309(k) of the Federal National Mortgage Association Charter Act, and section 307(c) of the Federal Home Loan Mortgage Corporation Act;
(8) prohibiting the payment of excessive compensation by the enterprises to any executive officer of the enterprises under section 1318;
(9) the management of the Office, including the establishment and
implementation of annual budgets, the hiring of, and compensation levels for, personnel of the Office, and annual assessments for the costs of the Office;
(10) conducting research and financial analysis; and
(11) the submission of reports required by the Director under this title.

You are evidently arguing that none of these powers are executive. What are they, then?

At the very least, (1) and (5) sure sound like executive powers, using the words "regulations" and "enforcement actions" respectively.