McCainAmendment-SA 3839

8/9/2019 McCainAmendment-SA 3839

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SA 3839. Mr. MCCAIN (for himself, Mrs. SHAHEEN, Mr. GREGG, Mr. BENNETT, Mr.CRAPO, and Mr. CORKER) submitted an amendment intended to be proposed toamendment SA 3739 proposed by Mr. REID (for Mr. DODD (for himself and Mrs.LINCOLN)) to the bill S. 3217, to promote the financial stability of the United States byimproving accountability and transparency in the financial system, to end ``too big fail'', to

protect the American taxpayer by ending bailouts, to protect consumers from abusivefinancial services practices, and for other purposes; which was ordered to lie on the table;

as follows:

At the end of the bill, add the following:

TITLE XIII--ENHANCED REGULATION OF GOVERNMENT-SPONSOREDENTERPRISES

Subtitle A--GSE Bailout Elimination and Taxpayer Protection

SECTION 1311. SHORT TITLE.

This subtitle may be cited as the ``GSE Bailout Elimination and Taxpayer Protection Act''.

SEC. 1312. DEFINITIONS.

For purposes of this subtitle, the following definitions shall apply:

(1) CHARTER.--The term ``charter'' means--

(A) with respect to the Federal National Mortgage Association, the Federal National MortgageAssociation Charter Act (12 U.S.C. 1716 et seq.); and

(B) with respect to the Federal Home Loan Mortgage Corporation, the Federal Home LoanMortgage Corporation Act (12 U.S.C. 1451 et seq.).

(2) DIRECTOR.--The term ``Director'' means the Director of the Federal Housing FinanceAgency.

(3) ENTERPRISE.--The term ``enterprise'' means--

(A) the Federal National Mortgage Association; and

(B) the Federal Home Loan Mortgage Corporation.


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(4) GUARANTEE.--The term ``guarantee'' means, with respect to an enterprise, the creditsupport of the enterprise that is provided by the Federal Government through its charter as agovernment-sponsored enterprise.

SEC. 1313. TERMINATION OF CURRENT CONSERVATORSHIP.

(a)In General.--Upon the expiration of the period referred to in subsection (b), the Director ofthe Federal Housing Finance Agency shall determine, with respect to each enterprise, if theenterprise is financially viable at that time and--

(1) if the Director determines that the enterprise is financially viable, immediately take allactions necessary to terminate the conservatorship for the enterprise that is in effect pursuant tosection 1367 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12U.S.C. 4617); or

(2) if the Director determines that the enterprise is not financially viable, immediately appoint

the Federal Housing Finance Agency as receiver under section 1367 of the Federal HousingEnterprises Financial Safety and Soundness Act of 1992 and carry out such receivership underthe authority of such section.

(b) Timing.--The period referred to in this subsection is, with respect to an enterprise--

(1) except as provided in paragraph (2), the 24-month beginning upon the date of theenactment of this Act; or

(2) if the Director determines before the expiration of the period referred to in paragraph (1)that the financial markets would be adversely affected without the extension of such period under

this paragraph with respect to that enterprise, and upon making such determination notifies theCongress in writing of such determination, the 30-month period beginning upon the date of theenactment of this Act.

(c) Financial Viability.--The Director may not determine that an enterprise is financiallyviable for purposes of subsection (a) if the Director determines that any of the conditions forreceivership set forth in paragraph (3) or (4) of section 1367(a) of the Federal HousingEnterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4617(a)) exists at the timewith respect to the enterprise.

SEC. 1314. LIMITATION OF ENTERPRISE AUTHORITY UPON EMERGENCE

FROM CONSERVATORSHIP.

(a)Revised Authority.--Upon the expiration of the period referred to in section 1113(b), if theDirector makes the determination under section 1113(a)(1), the following provisions shall takeeffect:

(1) REPEAL OF HOUSING GOALS.--


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(A) REPEAL.--The Federal Housing Enterprises Financial Safety and Soundness Act of 1992is amended by striking sections 1331 through 1336 (12 U.S.C. 4561-6).

(B) CONFORMING AMENDMENTS.--Federal Housing Enterprises Financial Safety andSoundness Act of 1992 is amended--

(i) in section 1303(28) (12 U.S.C. 4502(28)), by striking `ànd, for the purposes'' and all thatfollows through ``designated disaster areas'';

(ii) in section 1324(b)(1)(A) (12 U.S.C. 4544(b)(1)(A))--

(I) by striking clauses (i), (ii), and (iv);

(II) in clause (iii), by inserting `ànd'' after the semicolon at the end; and

(III) by redesignating clauses (iii) and (v) as clauses (i) and (ii), respectively;

(iii) in section 1338(c)(10) (12 U.S.C. 4568(c)(10)), by striking subparagraph (E);

(iv) in section 1339(h) (12 U.S.C. 4569), by striking paragraph (7);

(v) in section 1341 (12 U.S.C. 4581)--

(I) in subsection (a)--

(aa) in paragraph (1), by inserting `òr'' after the semicolon at the end;

(bb) in paragraph (2), by striking the semicolon at the end and inserting a period; and

(cc) by striking paragraphs (3) and (4); and

(II) in subsection (b)(2)--

(aa) in subparagraph (A), by inserting `òr'' after the semicolon at the end;

(bb) by striking subparagraphs (B) and (C); and

(cc) by redesignating subparagraph (D) as subparagraph (B);

(vi) in section 1345(a) (12 U.S.C. 4585(a))--

(I) in paragraph (1), by inserting `òr'' after the semicolon at the end;

(II) in paragraph (2), by striking the semicolon at the end and inserting a period; and

(III) by striking paragraphs (3) and (4); and


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(vii) in section 1371(a)(2) (12 U.S.C. 4631(a)(2))--

(I) by striking ``with any housing goal established under subpart B of part 2 of subtitle A ofthis title,''; and

(II) by striking ``section 1336 or''.

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(2) PORTFOLIO LIMITATIONS.--Subtitle B of title XIII of the Housing and CommunityDevelopment Act of 1992 (12 U.S.C. 4611 et seq.) is amended by adding at the end thefollowing new section:

``SEC. 1369E. RESTRICTION ON MORTGAGE ASSETS OF ENTERPRISES.

``(a)Restriction.--No enterprise shall own, as of any applicable date in this subsection orthereafter, mortgage assets in excess of--

``(1) upon the expiration of the period referred to in section 1113(b) of the GSE BailoutElimination and Taxpayer Protection Act or thereafter, 95 percent of the aggregate amount ofmortgage assets that the regulated entity owned on December 31 of the previous year, provided,that in no event shall the regulated entity be required under this paragraph to own less than$250,000,000,000 in mortgage assets;

``(2) upon the expiration of the 1-year period that begins on the date described in paragraph(1) or thereafter, 75 percent of the aggregate amount of mortgage assets that the regulated entityowned in section 1113(b) of the GSE Bailout Elimination and Taxpayer Protection Act,provided, that in no event shall the regulated entity be required under this paragraph to own lessthan $250,000,000,000 in mortgage assets;

``(3) upon the expiration of the 2-year period that begins on the date described in paragraph(1) or thereafter, 75 percent of the aggregate amount of mortgage assets that the regulated entityowned upon the expiration of the 1-year period that begins on the date described in paragraph(1), provided, that in no event shall the regulated entity be required under this paragraph to ownless than $250,000,000,000 in mortgage assets; and

``(4) upon the expiration of the 3-year period that begins on the date described in paragraph(1), $250,000,000,000.

``(b)Definition of Mortgage Assets.--For purposes of this section, the term `mortgage assets'means, with respect to an enterprise, assets of such enterprise consisting of mortgages, mortgageloans, mortgage-related securities, participation certificates, mortgage-backed commercial paper,obligations of real estate mortgage investment conduits and similar assets, in each case to theextent such assets would appear on the balance sheet of such enterprise in accordance withgenerally accepted accounting principles in effect in the United States as of September 7, 2008(as set forth in the opinions and pronouncements of the Accounting Principles Board and the


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American Institute of Certified Public Accountants and statements and pronouncements of theFinancial Accounting Standards Board from time to time; and without giving any effect to anychange that may be made after September 7, 2008, in respect of Statement of FinancialAccounting Standards No. 140 or any similar accounting standard).''.

(3) INCREASE IN MINIMUM CAPITAL REQUIREMENT.--Section 1362 of the FederalHousing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4612), as amendedby section 1111 of the Housing and Economic Recovery Act of 2008 (Public Law 110-289), isamended--

(A) in subsection (a), by striking ``For purposes of this subtitle, the minimum capital level foreach enterprise shall be'' and inserting ``The minimum capital level established under subsection(g) for each enterprise may not be lower than'';

(B) in subsection (c)--

(i) by striking ``subsections (a) and'' and inserting ``subsection'';

(ii) by striking ``regulated entities'' the first place such term appears and inserting ``FederalHome Loan Banks'';

(iii) by striking ``for the enterprises,'';

(iv) by striking ``, or for both the enterprises and the banks,'';

(v) by striking ``the level specified in subsection (a) for the enterprises or''; and

(vi) by striking ``the regulated entities operate'' and inserting ``such banks operate'';

(C) in subsection (d)(1)--

(i) by striking ``subsections (a) and'' and inserting ``subsection''; and

(ii) by striking ``regulated entity'' each place such term appears and inserting ``Federal homeloan bank'';

(D) in subsection (e), by striking ``regulated entity'' each place such term appears and inserting``Federal home loan bank'';

(E) in subsection (f)--

(i) by striking ``the amount of core capital maintained by the enterprises,''; and

(ii) by striking ``regulated entities'' and inserting ``banks''; and

(F) by adding at the end the following new subsection:


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``(g)Establishment of Revised Minimum Capital Levels.--

``(1) IN GENERAL.--The Director shall cause the enterprises to achieve and maintainadequate capital by establishing minimum levels of capital for such the enterprises and by usingsuch other methods as the Director deems appropriate.

``(2) AUTHORITY.--The Director shall have the authority to establish such minimum levelof capital for an enterprise in excess of the level specified under subsection (a) as the Director, inthe Director's discretion, deems to be necessary or appropriate in light of the particularcircumstances of the enterprise.

``(h) Failure To Maintain Revised Minimum Capital Levels.--

``(1) UNSAFE AND UNSOUND PRACTICE OR CONDITION.--Failure of a enterprise tomaintain capital at or above its minimum level as established pursuant to subsection (g) of thissection may be deemed by the Director, in his discretion, to constitute an unsafe and unsound

practice or condition within the meaning of this title.

``(2) DIRECTIVE TO ACHIEVE CAPITAL LEVEL.--

``(A) AUTHORITY.--In addition to, or in lieu of, any other action authorized by law,including paragraph (1), the Director may issue a directive to an enterprise that fails to maintaincapital at or above its required level as established pursuant to subsection (g) of this section.

``(B) PLAN.--Such directive may require the enterprise to submit and adhere to a planacceptable to the Director describing the means and timing by which the enterprise shall achieveits required capital level.

``(C) ENFORCEMENT.--Any such directive issued pursuant to this paragraph, includingplans submitted pursuant thereto, shall be enforceable under the provisions of subtitle C of thistitle to the same extent as an effective and outstanding order issued pursuant to subtitle C of thistitle which has become final.

``(3) ADHERENCE TO PLAN.--

``(A) CONSIDERATION.--The Director may consider such enterprise's progress in adheringto any plan required under this subsection whenever such enterprise seeks the requisite approvalof the Director for any proposal which would divert earnings, diminish capital, or otherwise

impede such enterprise's progress in achieving its minimum capital level.

``(B) DENIAL.--The Director may deny such approval where it determines that such proposalwould adversely affect the ability of the enterprise to comply with such plan.''.

(4) REPEAL OF INCREASES TO CONFORMING LOAN LIMITS.--

(A) REPEAL OF TEMPORARY INCREASES.--


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(i) CONTINUING APPROPRIATIONS RESOLUTION, 2010.--Section 167 of theContinuing Appropriations Resolution, 2010 (as added by section 104 of division B of PublicLaw 111-88; 123 Stat. 2973) is hereby repealed.

(ii) AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009.--Section 1203 of

division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123Stat. 225) is hereby repealed.

(iii) ECONOMIC STIMULUS ACT OF 2008.--Section 201 of the Economic Stimulus Actof 2008 (Public Law 110-185; 122 Stat. 619) is hereby repealed.

(B) REPEAL OF GENERAL LIMIT AND PERMANENT HIGH-COST AREAINCREASE.--Paragraph (2) of section 302(b) of the Federal National Mortgage AssociationCharter Act (12 U.S.C. 1717(b)(2)) and paragraph (2) of section 305(a) of the Federal HomeLoan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) are each amended to read as suchsections were in effect immediately before the enactment of the Housing and Economic

Recovery Act of 2008 (Public Law 110-289).

(C) REPEAL OF NEW HOUSING PRICE INDEX.--Section 1322 of the Federal HousingEnterprises Financial Safety and Soundness Act of 1992, as added by section 1124(d) of theHousing and Economic Recovery Act of 2008 (Public Law 110-289), is hereby repealed.

(D) REPEAL.--Section 1124 of the Housing and Economic Recovery Act of 2008 (PublicLaw 110-289) is hereby repealed.

(E) ESTABLISHMENT OF CONFORMING LOAN LIMIT.--For the year in which theexpiration of the period referred to in section 1113(b) occurs, the limitations governing the

maximum original principal obligation of conventional mortgages that may be purchased by theFederal National Mortgage Association and the Federal Home Loan Mortgage Corporation,referred to in section 302(b)(2) of the Federal National Mortgage Association Charter Act (12U.S.C. 1717(b)(2)) and section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act(12 U.S.C. 1454(a)(2)), respectively, shall be considered to be--

(i) $417,000 for a mortgage secured by a single-family residence,

(ii) $533,850 for a mortgage secured by a 2-family residence,

(iii) $645,300 for a mortgage secured by a 3-family residence, and

(iv) $801,950 for a mortgage secured by a 4-family residence,

and such limits shall be adjusted effective each January 1 thereafter in accordance with suchsections 302(b)(2) and 305(a)(2).

(F) PROHIBITION OF PURCHASE OF MORTGAGES EXCEEDING MEDIANAREA HOME PRICE.--


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(i) FANNIE MAE.--Section 302(b)(2) of the Federal National Mortgage Association CharterAct (12 U.S.C. 1717(b)(2)) is amended by adding at the end the following new sentence:``Notwithstanding any other provision of this title, the corporation may not purchase anymortgage asset for a property having a principal obligation that exceeds the median home price,for properties of the same size, for the area in which such property subject to the mortgage is

located.''.

(ii) FREDDIE MAC.--Section 305(a)(2) of the Federal Home Loan Mortgage CorporationAct (12 U.S.C. 1454(a)(2)) is amended by adding at the end the following new sentence:``Notwithstanding any other provision of this title, the Corporation may not purchase anymortgage for a property having a principal obligation that exceeds the median home price, forproperties of the same size, for the area in which such property subject to the mortgage islocated.''.

(5) REQUIREMENT OF MINIMUM DOWN PAYMENT FOR MORTGAGESPURCHASED.--

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(A) FANNIE MAE.--Subsection (b) of section 302 of the Federal National MortgageAssociation Charter Act (12 U.S.C. 1717(b)) is amended by adding at the end the following newparagraph:

``(7) Notwithstanding any other provision of this Act, the corporation may not newly purchaseany mortgage asset, unless the mortgagor has paid, in cash or its equivalent on account of theproperty securing repayment such mortgage, in accordance with regulations issued by theDirector of the Federal Housing Finance Agency, not less than--

``(A) for any mortgage purchased during the 12-month period beginning upon the expirationof the period referred to in section 1113(b) of the GSE Bailout Elimination and TaxpayerProtection Act, 5 percent of the appraised value of the property;

``(B) for any mortgage purchased during the 12-month period beginning upon the expirationof the 12-month period referred to in subparagraph (A) of this paragraph, 7.5 percent of theappraised value of the property; and

``(C) for any mortgage purchased during the 12-month period beginning upon the expirationof the 12-month period referred to in subparagraph (B) of this paragraph, 10 percent of theappraised value of the property.''.

(B) FREDDIE MAC.--Subsection (a) of section 305 of the Federal Home Loan MortgageCorporation Act (12 U.S.C. 1454(a)) is amended by adding at the end the following newparagraph:

``(6) Notwithstanding any other provision of this Act, the Corporation may not newlypurchase any mortgage asset, unless the mortgagor has paid, in cash or its equivalent on account


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of the property securing repayment such mortgage, in accordance with regulations issued by theDirector of the Federal Housing Finance Agency, not less than--

``(A) for any mortgage purchased during the 12-month period beginning upon the expirationof the period referred to in section 1113(b) of the GSE Bailout Elimination and Taxpayer

Protection Act, 5 percent of the appraised value of the property;

``(B) for any mortgage purchased during the 12-month period beginning upon the expirationof the 12-month period referred to in subparagraph (A) of this paragraph, 7.5 percent of theappraised value of the property; and

``(C) for any mortgage purchased during the 12-month period beginning upon the expirationof the 12-month period referred to in subparagraph (B) of this paragraph, 10 percent of theappraised value of the property.''.

(6) MINIMUM PRUDENT UNDERWRITING STANDARDS.--The Federal Housing

Finance Agency shall, not later than 6 months after the date of enactment of this Act, issueregulations specifying minimum prudent underwriting standards for residential mortgage loanseligible for purchase by an enterprise, which regulations shall include minimum requirementsfor--

(A) verification and documentation of income and assets relied upon to qualify the obligor onthe loan;

(B) determination of the ability of the obligor to repay, based on all terms of the loan,including principal payments that fully amortize the balance over the term of the loan; and

(C) any other standards that the Federal Housing Finance Agency determines appropriate toensure prudent underwriting and which effect the safety and soundness of the regulated entities.

(7) REQUIREMENT TO PAY STATE AND LOCAL TAXES.--

(A) FANNIE MAE.--Paragraph (2) of section 309(c) of the Federal National MortgageAssociation Charter Act (12 U.S.C. 1723a(c)(2)) is amended--

(i) by striking ``shall be exempt from'' and inserting ``shall be subject to''; and

(ii) by striking `èxcept that any'' and inserting `ànd any''.

(B) FREDDIE MAC.--Section 303(e) of the Federal Home Loan Mortgage Corporation Act(12 U.S.C. 1452(e)) is amended--

(i) by striking ``shall be exempt from'' and inserting ``shall be subject to''; and

(ii) by striking `èxcept that any'' and inserting `ànd any''.


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(8) REPEALS RELATING TO REGISTRATION OF SECURITIES.--

(A) FANNIE MAE.--

(i) MORTGAGE-BACKED SECURITIES.--Section 304(d) of the Federal National

Mortgage Association Charter Act (12 U.S.C. 1719(d)) is amended by striking the fourthsentence.

(ii) SUBORDINATE OBLIGATIONS.--Section 304(e) of the Federal National MortgageAssociation Charter Act (12 U.S.C. 1719(e)) is amended by striking the fourth sentence.

(B) FREDDIE MAC.--Section 306 of the Federal Home Loan Mortgage Corporation Act (12U.S.C. 1455) is amended by striking subsection (g).

(9) RECOUPMENT OF COSTS FOR FEDERAL GUARANTEE.--

(A) ASSESSMENTS.--The Director of the Federal Housing Finance Agency shall establishand collect from each enterprise assessments in the amount determined under subparagraph (B).In determining the method and timing for making such assessments, the Director shall take intoconsideration the determinations and conclusions of the study under subsection (b) of thissection.

(B) DETERMINATION OF COSTS OF GUARANTEE.--Assessments under subparagraph(A) with respect to an enterprise shall be in such amount as the Director determines necessary torecoup to the Federal Government the full value of the benefit the enterprise receives from theguarantee provided by the Federal Government for the obligations and financial viability of theenterprise, based upon the dollar value of such benefit in the market to such enterprise when not

operating under conservatorship or receivership. To determine such amount, the Director shallestablish a risk-based pricing mechanism as the Director considers appropriate, taking intoconsideration the determinations and conclusions of the study under subsection (b).

(C) TREATMENT OF RECOUPED AMOUNTS.--The Director shall cover into thegeneral fund of the Treasury any amounts received from assessments made under this paragraph.

(b) GAO Study Regarding Recoupment of Costs for Federal Government Guarantee.--TheComptroller General of the United States shall conduct a study to determine a risk-based pricingmechanism to accurately determine the value of the benefit the enterprises receive from theguarantee provided by the Federal Government for the obligations and financial viability of the

enterprises. Such study shall establish a dollar value of such benefit in the market to eachenterprise when not operating under conservatorship or receivership, shall analyze variousmethods of the Federal Government assessing a charge for such value received (includingmethods involving an annual fee or a fee for each mortgage purchased or securitized), and shallmake a recommendation of the best such method for assessing such charge. Not later than 12months after the date of enactment of this Act, the Comptroller General shall submit to theCongress a report setting forth the determinations and conclusions of such study.


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SEC. 1315. REQUIRED WIND DOWN OF OPERATIONS AND DISSOLUTION OFENTERPRISE.

(a)Applicability.--This section shall apply to an enterprise upon the expiration of the 3-yearperiod referred to in section 1113(b).

(b)Repeal of Charter.--Upon the applicability of this section to an enterprise, the charter forthe enterprise is repealed and the enterprise shall have no authority to conduct new businessunder such charter, except that the provisions of such charter in effect immediately before suchrepeal shall continue to apply with respect to the rights and obligations of any holders ofoutstanding debt obligations and mortgage-backed securities of the enterprise.

(c) Wind Down.--Upon the applicability of this section to an enterprise, the Director and theSecretary of the Treasury shall jointly take such action, and may prescribe such regulations andprocedures, as may be necessary to wind down the operations of an enterprise as an entitychartered by the United States Government over the duration of the 10-year period beginning

upon the applicability of this section to the enterprise (pursuant to subsection (a)) in an orderlymanner consistent with this subtitle and the ongoing obligations of the enterprise.

(d)Division of Assets and Liabilities; Authority To Establish Holding Corporation andDissolution Trust Fund.--The action and procedures required under subsection (c)--

(1) shall include the establishment and execution of plans to provide for an equitable divisionand distribution of assets and liabilities of the enterprise, including any liability of the enterpriseto the United States Government or a Federal reserve bank that may continue after the end of theperiod described in subsection (a); and

(2) may provide for establishment of--

(A) a holding corporation organized under the laws of any State of the United States or theDistrict of Columbia for the purposes of the reorganization and restructuring of the enterprise;and

(B) one or more trusts to which to transfer--

(i) remaining debt obligations of the enterprise, for the benefit of holders of such remainingobligations; or

(ii) remaining mortgages held for the purpose of backing mortgage-backed securities, for thebenefit of holders of such remaining securities.

Subtitle B--Inspector General for Regulated Entities in Conservatorship


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SEC. 1321. SPECIAL INSPECTOR GENERAL FOR THE CONSERVATORSHIP OFREGULATED ENTITIES.

(a) Office of Inspector General.--There is established in the General Accountability Office theOffice of the Special Inspector General for the Conservatorship of Regulated Entities.

(b)Appointment of Inspector General.--

(1) LEADERSHIP.--The head of the Office established under subsection (a) shall be theSpecial Inspector General for the Conservatorship of Regulated Entities (in this section referredto as the ``Special Inspector General''), who shall be appointed by the President, by and with theadvice and consent of the Senate.

(2) APPOINTMENT.--The appointment of the Special Inspector General shall be made onthe basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law,management analysis, public administration, or investigations.

(3) TIMING.--The nomination of an individual as Special Inspector General shall be made assoon as is practicable following the date of enactment of this Act, but not later than 30 days afterthat date of enactment.

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(4) REMOVABLE FOR CAUSE.--The Special Inspector General shall be removable fromoffice, in accordance with the provisions of section 3(b) of the Inspector General Act of 1978 (5U.S.C. App.).

(5) STATUS.--For purposes of section 7324 of title 5, United States Code, the SpecialInspector General shall not be considered an employee who determines policies to be pursued bythe United States in the nationwide administration of Federal law.

(6) COMPENSATION.--The annual rate of basic pay of the Special Inspector General shallbe the annual rate of basic pay for an Inspector General under section 3(e) of the InspectorGeneral Act of 1978 (5 U.S.C. App.).

(c)Duties.--

(1) IN GENERAL.--It shall be the duty of the Special Inspector General to conduct,supervise, and coordinate audits and investigations of the purchase, management, and sale ofassets by regulated entities, so long as the entities remain in conservatorship under section 1367of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C.4617) (in this section referred to as ``regulated entities''), including by collecting andsummarizing--

(A) a description of the categories of mortgage assets purchased or otherwise procured byregulated entities;


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(B) an explanation of the reasons why the Director of the Federal Housing Finance Agency (inthis section referred to as the ``Director'') deemed it necessary to purchase each such mortgageasset;

(C) a listing of each institution from which such mortgage assets were purchased;

(D) a current estimate of the total amount of mortgage assets purchased since the date ofappointment of the Federal Housing Finance Agency (in this section referred to as the``Agency'') as conservator and the profit and loss, projected or realized, of each such mortgageasset;

(E) a description of the categories of mortgage loans modified by regulated entities;

(F) an explanation of the reasons why the Director deemed it necessary to modify each suchmortgage loan;

(G) an explanation of the risk analysis procedures in place within regulated entities and theCouncil in respect to the modification process, as well as the loans accepted into the modificationprocess;

(H) an explanation of the effect of continuing the affordable housing goals of the regulatedentities on the financial standing of the regulated entities;

(I) the impact on any funding requested and accepted as a part of the Amended and RestatedSenior Preferred Stock Purchase Agreement, dated September 26, 2008, amended May 6, 2009,amended December 24, 2009, and amended further at any point following the date of enactmentof this Act;

(J) an assessment of whether the budgetary treatment of the assets and liabilities of the entitiesis correct, as it relates to the budget proposed by the President, as required under section 1105(a)of title 31, United States Code;

(K) an explanation of troubled assets owned by the regulated entities and acquired prior to theconservatorship; and

(L) a description of any changes to the structure of the regulated entities made by the Directorand an explanation of how the changes will better enable the regulated entities to be successfulduring and post conservatorship.

(2) ADMINISTRATIVE AUTHORITY.--The Special Inspector General shall establish,maintain, and oversee such systems, procedures, and controls as the Special Inspector Generalconsiders appropriate to discharge the duty under paragraph (1).

(3) OTHER DUTIES.--In addition to the duties specified in paragraphs (1) and (2), theInspector General shall have the duties and responsibilities of inspectors general under theInspector General Act of 1978, including sections 4(b)(1) and 6 of that Act.


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(d) Personnel, Facilities, and Other Resources.--

(1) AUTHORITY FOR OFFICERS AND EMPLOYEES.--The Special Inspector Generalmay select, appoint, and employ such officers and employees as may be necessary for carryingout the duties of the Special Inspector General, subject to the provisions of title 5, United States

Code, governing appointments in the competitive service, and the provisions of chapter 51 andsubchapter III of chapter 53 of such title, relating to classification and General Schedule payrates.

(2) SERVICES.--The Special Inspector General may obtain services, as authorized by section3109 of title 5, United States Code, at daily rates not to exceed the equivalent rate prescribed forgrade GS-15 of the General Schedule by section 5332 of such title.

(3) CONTRACTS.--The Special Inspector General may enter into contracts and otherarrangements for audits, studies, analyses, and other services with public agencies and withprivate persons, and make such payments as may be necessary to carry out the duties of the

Inspector General.

(4) AGENCY COOPERATION.--

(A) REQUESTS.--Upon request of the Special Inspector General for information orassistance from any department, agency, or other entity of the Federal Government, the head ofsuch entity shall, in so far as is practicable and not in contravention of any other provision oflaw, furnish such information or assistance to the Special Inspector General, or an authorizeddesignee thereof.

(B) REPORTS OF UNREASONABLE DENIALS.--Whenever information or assistance

requested by the Special Inspector General is, in the judgment of the Special Inspector General,unreasonably refused or not provided, the Special Inspector General shall report thecircumstances to the appropriate committees of Congress, without delay.

(e)Reports.--

(1) QUARTERLY REPORTS TO CONGRESS.--Not later than 60 days after theconfirmation of the Special Inspector General, and every calendar quarter thereafter, the SpecialInspector General shall submit to the appropriate committees of Congress a report summarizingthe activities of the Special Inspector General during the 120-day period ending on the date ofsuch report. Each report shall include, for the period covered by such report, a detailed statement

of all information collected under subsection (c)(1).

(2) RULE OF CONSTRUCTION.--Nothing in this subsection shall be construed toauthorize the public disclosure of information that is--

(A) specifically prohibited from disclosure by any other provision of law;


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(B) specifically required by Executive Order to be protected from disclosure in the interest ofnational defense or national security or in the conduct of foreign affairs; or

(C) a part of an ongoing criminal investigation.

(f) Funding.--Of the amounts made available to the Secretary, under section 118 of theEmergency Economic Stabilization Act of 2008 (12 U.S.C. 5228), $5,000,000 shall be availableto the Special Inspector General to carry out this section, which amount shall remain availableuntil expended.

(g) Termination.--

(1) IN GENERAL.--The Office of the Special Inspector General shall terminate 90 days afterthe date of the emergence of all regulated entities from conservatorship and receivership undersection 1367 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12U.S.C. 4617).

(2) FINAL REPORT.--The Office of the Special Inspector General shall prepare and submita final report to Congress not later than the end of the 90-day period referred to in paragraph (1).

Subtitle C--Limiting Further Bailouts of Fannie Mae and Freddie Mac

SEC. 1331. SHORT TITLE.

This subtitle may be cited as the ``Ending Bailouts of Fannie Mae and Freddie Mac Act''.

SEC. 1332. REESTABLISHING THE MAXIMUM AGGREGATE AMOUNT

PERMITTED TO BE PROVIDED BY THE TAXPAYERS TO FANNIE MAE ANDFREDDIE MAC.

Section 1367(b)(2) of the Federal Housing Enterprises Financial Safety and Soundness Act of1992 (12 U.S.C. 4617(b)(2)) is amended by adding at the end the following new subparagraph:

``(L) REESTABLISHMENT OF TAXPAYER FUNDING CAPS.--The Agency, asconservator, shall prevent a regulated entity from requesting or receiving any funds from theUnited States Department of the Treasury, as part of the Amended and Restated Senior Preferred

Stock Purchase Agreement, dated as of September 26, 2008, amended May 6, 2009, and furtheramended December 24, 2009, between the United State Department of the Treasury and theFederal Home Loan Mortgage Corporation, or the Federal National Mortgage Association, thatexceeds a maximum aggregate amount of $200,000,000,000.''.

SEC. 1333. REESTABLISHING SCHEDULED REDUCTION OF MORTGAGE

ASSETS OWNED BY FANNIE MAE AND FREDDIE MAC.


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Section 1367(b)(2) of the Federal Housing Enterprises Financial Safety and Soundness Act of1992 (12 U.S.C. 4617(b)(2)) is amended by adding at the end the following new subparagraph:

``(M) REDUCTION OF OWNED MORTGAGE ASSETS.--

``(i) IN GENERAL.--The Agency, as conservator, shall ensure that a regulated entity doesnot own, as of any applicable date, mortgage assets in excess of 90.0 percent of the aggregateamount of mortgage assets that the regulated entity owned on December 31 of each of theprevious year, provided, that in no event shall the regulated entity be required under thissubparagraph to own less than $250,000,000,000 in mortgage assets.

``(ii) DEFINITION OF MORTGAGE ASSETS.--For purposes of this subparagraph, theterm `mortgage assets' means with respect to a regulated entity, assets of such entity consistingof mortgages, mortgage loans, mortgage-related securities, participation certificates, mortgage-backed commercial paper, obligations of real estate mortgage investment conduits and similarassets, in each case to the extent such assets would appear on the balance sheet of such entity in

accordance with generally accepted accounting principles.''.

SEC. 1334. ENSURING CONGRESSIONAL REVIEW FOR AGREEMENTS

INCREASING TAXPAYER RISK.

Section 1367(b)(2) of the Federal Housing Enterprises Financial Safety and Soundness Act of1992 (12 U.S.C. 4617(b)(2)), as amended by sections 1203 and 1204, is further amended byadding at the end the following new subparagraph:

``(N) AGREEMENTS.--

``(i) IN GENERAL.--The Agency, as conservator or receiver, may enter into agreements thatare consistent with its appointment as conservator or receiver with the regulated entity and thatexpire prior to, or upon, the regulated entity's emergence from conservatorship or receivershipprovided--

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``(I) the agreement does not expose the United States taxpayers to additional risk; and

``(II) the agreement was approved by Congress pursuant to clause (ii).

``(ii) PROCEDURE FOR CONGRESSIONAL APPROVAL.--

``(I) IN GENERAL.--Notwithstanding clause (i), the Agency may enter into, on an interimbasis, an agreement, even if the agreement exposes the taxpayer to additional risk, including ifsuch agreement exceeds the limitations established under subparagraphs (L) and (M), if such anagreement--


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``(aa) is deemed necessary by the Agency, based upon the Agency's duties as conservator orreceiver; and

``(bb) is approved by Congress through adoption of a concurrent resolution of approval, notmore than 120 days after the later of--

``(AA) the signing of the agreement; or

``(BB) the date of enactment of the Ending Bailouts of Fannie Mae and Freddie Mac Act.

``(II) REQUIRED SUBMISSIONS FOR CONGRESSIONAL REVIEW.--During the 120-day period described under subclause (I), the Director shall submit to Congress--

``(aa) the text of the agreement;

``(bb) a certification and justification of how the agreement is consistent with the Agency's

duties as conservator or receiver;

``(cc) budgetary projections demonstrating the cost to the taxpayer in a 1, 5, and 10-yearwindow;

``(dd) independent risk analysis from the Government Accountability Office of the agreement,considering the risk to the short and long-term viability of the regulated entity and the UnitedStates taxpayer; and

``(ee) a time table for the expiration of the agreement.''.

Subtitle D--Fannie Mae and Freddie Mac in the Federal Budget

SEC. 1341. ON-BUDGET STATUS OF FANNIE MAE AND FREDDIE MAC.

(a)In General.--Notwithstanding any other provision of law, the receipts and disbursements,including the administrative expenses, of the Federal National Mortgage Association and theFederal Home Loan Mortgage Corporation shall be counted as new budget authority, outlays,receipts, or deficit or surplus for purposes of--

(1) the Budget of the United States Government as submitted by the President;

(2) the congressional budget;

(3) the Statutory Pay-As-You-Go Act of 2010; and

(4) the Balanced Budget and Emergency Deficit Control Act of 1985 (or any successorstatute).


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(b)Expiration.--The budgetary treatment of the Federal National Mortgage Association orFederal Home Loan Mortgage Corporation or any functional replacements under subsection (a)shall continue with respect to such entities until such entities are no longer under Federalconservatorship or receivership as authorized by the Housing and Economic Recovery Act of2008 (Public Law 110-289) or any successor statute.

SEC. 1342. BUDGETARY TREATMENT OF FANNIE MAE AND FREDDIE MAC.

All costs to the Government of the activities of or under the Federal National MortgageAssociation, Federal Home Loan Mortgage Corporation and any functional replacements or anymodification of such entities shall be determined on a fair value basis.

SEC. 1343. FANNIE MAE AND FREDDIE MAC DEBT SUBJECT TO PUBLIC DEBT

LIMIT.

(a)In General.--For purposes of section 3101(b) of chapter 31 of title 31, United States Code,

the face amount of obligations issued by the Federal National Mortgage Association and by theFederal Home Loan Mortgage Corporation or any functional replacements and outstanding shallbe treated as issued by the United States Government under that section.

(b) Temporary Increase in the Public Debt Limit.--The limit on the obligation in section3101(b) of title 31, United States Code, shall be increased by the face amount of obligationsissued by the Federal National Mortgage Association and the Federal Home Loan MortgageCorporation and outstanding on April 15, 2010.

(c)Expiration.--

(1) OBLIGATIONS.--The obligations of Federal National Mortgage Association or FederalHome Loan Mortgage Corporation or any functional replacements shall continue to be treated asissued by the United States Government with respect to such entities until such entities no longerhave in place an agreement with the Secretary of the Treasury for the purchase of obligations andsecurities authorized by the Housing and Economic Recovery Act of 2008 (Public Law 110-289)or any successor statute.

(2) DEBT LIMIT.--Any temporary increase in the public debt limit authorized in subsection(b) with respect to the obligations of Federal National Mortgage Association or Federal HomeLoan Mortgage Corporation shall be reversed with respect to such entities when Federal NationalMortgage Association or Federal Home Loan Mortgage Corporation or any functional

replacements no longer have in place an agreement with the Secretary of the Treasury for thepurchase of obligations and securities authorized by the Housing and Economic Recovery Act of2008 (Public Law 110-289) or any successor statute.

SEC. 1344. DEFINITIONS.

In this subtitle, the following definitions shall apply:


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(1) FAIR VALUE.--The term ``fair value'' shall have the same meaning as the definition offair value outlined in Financial Accounting Standards No. 157, or any successor thereto, issuedby the Financial Accounting Standards Board.

(2) FUNCTIONAL REPLACEMENTS.--The term ``functional replacements'' means any

organization, agreement, or other arrangement that would perform the public functions ofFederal National Mortgage Association or Federal Home Loan Mortgage Corporation.

(3) MODIFICATION.--

(A) IN GENERAL.--The term ``modification'' means any government action that alters theestimated fair value of the activities of the Federal National Mortgage Association or FederalHome Loan Mortgage Corporation or any functional replacements.

(B) COST.--The cost of a modification is the difference between the current estimate of thefair value of the activities of the Federal National Mortgage Association or Federal Home Loan

Mortgage Corporation or any functional replacements and the estimate of the fair value of suchactivities as modified.

Documents

McCainAmendment-SA 3839