The Federal Home Finance Agency
FHFA) has issued the final rules for the three financial entities it oversees and
an advance notice of proposed rulemaking for the Federal Home Loan Banks (Banks.) The three final rules, all of which have been through a period of public comment, concern GSE
portfolio holdings, FHLBank and GSE inclusion of women and minorities, and
FHLBank goals. The proposed rule
pertains to membership in the FHLBanks and will be outlined in a separate
article.
GSE Portfolios
FHFA is adopting without change
the interim rule on portfolio limits promulgated in January 2009. This rule is identical to the portfolio
limits specified in each of the Enterprise's Senior Preferred Stock Purchase
Agreement (PSPA) with the Department of the Treasury which governs the terms of
the conservatorship of each of the failed institutions.
The PSPAs have identical portfolio
criteria for both Enterprises. Starting
on December 31, 2010 and each year thereafter as long as the Enterprises are
subject to their respective PSPAs, each must reduce its mortgage assets to 90
percent of the level of assets it held on December 31 of the previous year
until the maximum size of each portfolio reaches $250 billion. The Enterprise's cannot have a portfolio as
of December 31, 2010 that exceeds $810 billion.
Under the rule, Treasury and FHFA
as conservator of the Enterprises has the right to amend the PSPAs and the
Director of FHFA is authorized to order an Enterprise to dispose of or acquire any
asset under terms and conditions determined by the Director.
Minority and Women Inclusion
This rule establishes minimum
standards for the inclusion of women, minorities, individuals with disabilities
and the businesses owned by any of these groups in employment, contracts, and business
activities of all kinds. However, the final rule only addresses Part A dealing
with general applicability topics. Because
of possible conflicts with provisions of the Dodd-Frank Financial Reform Act
that have not yet been promulgated, final rules Parts B and C governing inclusion
and diversity at FHFA, the Enterprises, FHLBank, and the Office of Finance are
reserved to a later date.
During the comment period for
this rule there were objections to FHFA's expansion of the Housing and Economic
Recovery Act (HERA) diversity requirement to include persons with
disabilities. FHFA has determined that
HERA language allows FHFA and its director the latitude to do this, and the
expansion stands in the final regulation.
However, FHFA has reduced the reporting requirements for persons with disabilities
because of comments from stakeholders regarding privacy issues that if found sufficiently
compelling.
The rule mandates that the Office
of Finance, the Enterprises, and FHLBank establish an Office of Minority and
Women Inclusion and publish a statement confirming its commitment to the
principles of equal opportunity and employment and contracting. Each shall also:
-
develop
policies and procedures to ensure inclusion and utilization of women, minorities,
persons with disabilities, and businesses under their ownership;
-
confirm
its adherence to the principles of equal opportunity and non-discrimination;
-
describe
its policy against discrimination in employment and contracting;
-
establish
internal procedures to receive and attempt to resolve complaints;
-
establish
effective procedures for handling requests for reasonable accommodations of
disabilities;
-
encourage
consideration of diversity in nominating or soliciting nominees for positions
on boards of directors or for employment in the Office of Finance;
-
require
that each contract it enters contain a material clause committing the
contractor to adhere to principal of equal opportunity and to include the clause
in any subcontracts it lets;
-
establish
a program for outreach to ensure as much as possible the inclusion in
contracting opportunities minorities, women, individuals with disabilities and
their owned businesses.
FHLBank Goals
FHFA is required to set goals for
the Enterprises and FHLBank for 2011 and beyond. There are similar goals for the three, but some
goals apply only to FHLBanks. Those are
addressed in the final rules.
A Bank that, in a calendar year
purchased AMA-approved mortgages with a total unpaid principal balance greater
than $2.5 billion will be subject to the housing goals for that year. This threshold is currently equal to about
0.25 percent of the overall single-family market.
Unlike goals for the Enterprises,
FHFA will not establish benchmarks to measure housing goal's performance. Performance under the housing goals will be
measured relative to the actual goals-qualifying shares of the district-level
primary mortgage market during the year in each district. FHFA will calculate the actual
goals-qualifying shares of the market using all mortgages originated in the
district by members and non-members. A
Bank meets a housing goal if its annual performance meets or exceeds the actual
share of the market in that district that fits the criteria for a particular
housing goal. All mortgages purchased by
a Bank that meet the final requirements will count toward the Bank's
performance regardless of where the property securing the loan is located.
The final rule establishes four
single-family housing goals for any Bank that exceeds the volume threshold of
$2.5 billion in a calendar year. These
goals will cover:
-
purchase
money mortgages for low income families;
-
purchase
money mortgages of families in low-income areas;
-
purchase
money mortgages for very low income families;
-
refinancing
mortgages for low-income families.
The final rule specifically
prohibits the counting of home equity loans, secondary liens, construction-to-permanent
loans, and mortgages for second homes in achieving the housing goals.