After months of congressional debate, by a vote of 237 to 192 the House on June 30 approved legislation that would provide the most sweeping overhaul of U.S. financial regulations since the Great Depression. The Senate is expected to take up the measure after Congress returns from its week-long July 4 recess.

Throughout the entire legislative process, NAHB has worked closely with congressional leaders to ensure that changes to financial regulations do not impede the flow of credit to the nation’s housing finance system.

Following is a summary of NAHB’s actions on several issues raised by H.R. 4173, the Wall Street Reform and Consumer Protection Act:

• Risk Retention. Working in conjunction with industry colleagues, NAHB warned lawmakers that without further modification, a provision requiring loan originators to keep 5% of the credit risk on each loan they securitize or sell could raise consumer borrowing costs and limit the availability of affordable mortgage options.
  
  NAHB worked to secure support and adoption in the Senate by unanimous consent of a provision that would create a special category for carefully defined, fully documented and properly underwritten residential mortgage loans, exempting them from the statutory risk retention requirements in the overall bill.
  
  The final legislative language would require federal banking agencies, the secretary of the Department of Housing and Urban Development and the director of the Federal Housing Finance Agency to jointly define a category of “qualified residential mortgages” that meet certain minimum standards, for which the 5% securitization risk retention requirement could be reduced in some cases to as little as 0%.
  
  
• Mortgage Lending. Throughout the debate on financial regulatory reform, NAHB provided strong warnings that some of the proposed mortgage lending reforms could raise mortgage costs and reduce mortgage innovation. Deliberations over mortgage lending started with the defeat of an Administration proposal to limit government financing to “plain vanilla” mortgage products.
  
  Congressional discussions on mortgage reforms came to a head when Sen. Bob Corker (R-Tenn.) offered an amendment mandating a 5% downpayment requirement for all mortgages, including those insured by the Federal Housing Administration (FHA). Running into strong opposition from NAHB, the Corker amendment failed by a vote of 57 to 42, with Democratic leaders supporting a new amendment effectively codifying a set of bank regulator mortgage guidance issued in 2006.
  
  After being reconciled with the tougher provisions on underwriting standards passed by the House late last year, the final legislative Senate language settled on a new set of mortgage reform and anti-predatory lending provisions focused on mortgage originator underwriting reforms and compensation issues.
  
  
• Federal Home Loan Bank Credit Exposure Concentration Limit. NAHB and a coalition of other organizations acted to address a provision in the Senate’s financial overhaul legislation that would have severely hampered the provision by the Federal Home Loan Banks (FHLBs) of much-needed liquidity to the financial system. The measure would have prohibited institutions important to the system from lending any unaffiliated company an amount exceeding 25% of the capital stock and surplus of the lending institution.
  
  NAHB advised key House and Senate leaders that this would force the FHLBs to reduce their advance positions to comply with the cap. As a result, in the final legislative package the FHLBs were excluded from the concentration limit requirement.
  
  
• Future Role of GSEs. After much partisan debate on the future of housing government sponsored enterprises (GSEs) Fannie Mae and Freddie Mac, the final legislation does not include substantive reform of the two housing financial institutions. In mid-May, a group of Republicans led by Sen. John McCain (R-Ariz.) introduced an amendment to end government control of Fannie Mae and Freddie Mac within two years and then force the two GSEs to reduce the size of their mortgage portfolios. Opposed strongly by NAHB, the amendment failed by a vote of 56 to 43.
  
  The final legislation requires the Treasury Department to study the feasibility and desirability of ending the conservatorship of Fannie Mae and Freddie Mac.
  
  
• Elimination of Thrift Charter and Office of Thrift Supervision. NAHB policy supports a specific charter for institutions specializing in housing finance (thrift charter) and a housing finance focus in any future bank regulatory structure. After reiterating this position to Congress, a proposal by the Administration to eliminate the thrift charter was removed in the final House-Senate conference report. Additionally, the conference report abolishes the Office of Thrift Supervision, transferring its authority mainly to the Office of the Comptroller of the Currency.
  
  
• Consumer Financial Protection Bureau. Throughout debate in the House and Senate, NAHB warned Congress that the creation of a new Consumer Financial Protection Bureau, or CFPB, could further destabilize an already fragile housing finance system. Arguing that consumer protection and safety and soundness should be regulated by the same entity in order to provide proper balance, NAHB and a large number of business and industry groups won some important distinctions in the final conference report establishing the new CFPB.
  
  The legislation calls for the CFPB to be an independent entity housed within the Federal Reserve. However, language was added to establish a bank regulator review system and authority for prudential regulators to conduct exams for banks under $10 billion.
  
  
• Bank Lending Limits. Along with its industry colleagues, NAHB expressed serious concern over a legislative provision that would have subjected state-chartered banks to national lending limits on loans to any one borrower as a percentage of their capital. This provision would have taken away from state regulators – who are better able to judge the unique circumstances of their state economies – the discretion they have exercised for decades on lending limits for state-chartered institutions. The final legislation that emerged from the House-Senate conference removed the language imposing national bank lending limits on state-chartered banks.

To view the legislation, click here and type H.R. 4173 in the box at the upper center of the page.

For more information, e-mail Scott Meyer at NAHB, or call him at 800-368-5242 x8144.

Before adjourning for its week-long July 4 recess, Congress approved legislation that would give home buyers more time to qualify for a tax credit by extending the deadline for closing on a home purchase from June 30 to Sept. 30. President Obama signed H.R. 5623, The Homebuyer Assistance and Improvement Act of 2010, into law on July 2.  The extension only applies, however, to those home buyers who had a binding sales contract in place prior to May 1, 2010. 

For home builders and lenders, this legislation provides an additional three months to complete construction and backlogged paperwork in order for home buyers to close on their home and still receive the tax credit. The $140 million cost of the extension is completely paid for by several small revenue raisers, including a provision that increases the penalties associated with bad electronic payments of tax liability.

As of May 22, the Department of the Treasury indicates that for the tax credit program as a whole, more than 3 million home buyers have claimed the credit for a total tax savings of more than $21 billion.  The extension will help thousands of otherwise qualified home buyers claim the credit for sales that weren't able to close in time due to conditions beyond the buyer's control.

The news on the extension will be updated on NAHB's consumer website http://www.federalhousingtaxcredit.com   and posted on NAHB's tax credit Facebook page and Twitter feed. Additional reference material is also available at http://www.nahb.org/taxcreditmaterials.

For more information on the tax credit extension, contact J.P. Delmore at 800-368-5242, x8412.

In a victory for NAHB, Congress this week approved stand-alone legislation that will extend the National Flood Insurance Program (NFIP) through Sept. 30 before lawmakers adjourned for the July 4 congressional recess. President Obama signed the measure into law on July 2.

The program was suspended at the end of May, forcing many home buyers to delay or cancel closings due to the inability to obtain NFIP insurance for a mortgage. In other instances, builders were forced to stop or delay construction on a new home due to the lack of flood insurance approval, resulting in unnecessary delays and job losses.

The reauthorization of the NFIP is retroactive to June 1, the date the program was halted.

With the arrival of the hurricane season, NAHB has been urging lawmakers to reauthorize a long-term extension of the program to ensure the nation's real estate markets operate smoothly and without delay.

For more information, contact Scott Meyer at 800-368-5242, x8144.

With lawmakers returning to their home districts next week for the July 4 recess, NAHB is urging members to call, visit or e-mail their representatives and tell them that a lack of credit for acquisition, development and construction (AD&C) financing is threatening their livelihoods and the budding housing recovery. NAHB sent out a Legislative Alert to the grassroots also urging builders to call on their member of Congress to co-sponsor H.R. 5409, a stand-alone AD&C loan guarantee bill that will help restore the flow of credit to housing. Use the toll-free NAHB Legislative Hotline at 1-866-924-6242 to be connected to your representative; or write Congress today by visiting www.capitolconnect.com/builderlink.

To view a summary of the bill, the full text of the legislation and talking points on H.R. 5409, click here.

For more information, contact Nick Gentile at 800-368-5242, x8542.

The House late on the evening of July 1 passed a 2010 war supplemental spending bill similar to legislation approved by the Senate a few weeks ago. Both the House and Senate versions contain $2 billion in additional loan commitment authority for the Section 502 Rural Housing Guaranteed Loan program to provide families in rural communities with a vital source of mortgage credit. However, as part of the amendment process, the House added $21 billion in domestic spending to the bill, meaning that it will have to go back to the Senate for additional consideration after the July 4 congressional recess. NAHB will continue to advocate on behalf of this important rural housing program until this critical funding situation is addressed.

For more information, contact Jenna Hamilton at 800-368-5242, x8407.

The Senate Environment and Public Works Committee (EPW) on June 30 approved S. 1816, the Chesapeake Bay Program Reauthorization and Improvement Act.  Introduced by Sen. Ben Cardin (D-Md.) and cosponsored by Sens. Barbara Mikulski (D-Md.), Tom Carper (D-Del.) and Edward Kaufman (D-Del.), the measure is designed to put the Obama Administration’s cleanup targets for the bay into law.

NAHB members from the bay region states (Delaware, Maryland, New York, Pennsylvania, West Virginia and the District of Columbia) and NAHB staff have expressed concerns with the legislation, particularly as it relates to the Environmental Protection Agency (EPA) Chesapeake Bay regulations that are currently being developed.  There are several moving parts in regards to Chesapeake Bay policy, including the bay Total Maximum Daily Load (TMDL) that is expected to be finalized at the end of 2010, and it is important for decisions to be reached in a sequential manner rather than the legislation incorporating data that has not yet been finalized. 

Additionally, EPA has mentioned in several forums that the regulations and other components of the effort to restore the bay will be a template for other water bodies throughout the U.S. so it is important for the home building industry’s concerns to be taken into account during the development of the Chesapeake Bay program regulations.

The next step for S. 1816 has not been set, but in the House a companion bill H.R. 3852 was introduced by Rep. Elijah Cummings (D-Md).  Taking a different approach to reauthorizing the Chesapeake Bay program, Reps. Tim Holden (D-Pa.) and Bob Goodlatte (R-Va.) have drafted an alternate bill. There are currently no hearings or mark ups scheduled for either House bill.

To view the legislation, click here and type the bill numbers in the box in the center screen.

For more information, contact Annie Bartlett at 800-368-5242, x8307.