New Agency Proposed to Oversee Freddie Mac and Fannie Mae
By STEPHEN LABATON
Spetember 11, 2003
The Bush administration today recommended the most significant
regulatory overhaul in the housing finance industry since the savings
and loan crisis a decade ago.
Under the plan, disclosed at a Congressional hearing today, a new
Agency would be created within the Treasury Department to assume More supervision of Fannie Mae and Freddie Mac, the government-sponsored companies that are the two largest players in the mortgage lending industry.
The new agency would have the authority, which now rests with Congress,
To set one of the two capital-reserve requirements for the companies.
It would exercise authority over any new lines of business. And it
Would determine whether the two are adequately managing the risks of
Their ballooning portfolios.
The plan is an acknowledgment by the administration that oversight of
Fannie Mae and Freddie Mac -- which together have issued more than $1.5
trillion in outstanding debt -- is broken. A report by outside
investigators in July concluded that Freddie Mac manipulated its
accounting to mislead investors, and critics have said Fannie Mae does not adequately hedge against rising interest rates.
''There is a general recognition that the supervisory system for
Housing-related government-sponsored enterprises neither has the tools,
Nor the stature, to deal effectively with the current size, complexity
And importance of these enterprises,'' Treasury Secretary John W. Snow
Told the House Financial Services Committee in an appearance with
Housing Secretary Mel Martinez, who also backed the plan.
Mr. Snow said that Congress should eliminate the power of the president
To appoint directors to the companies, a sign that the administration
Is less concerned about the perks of patronage than it is about the
Potential political problems associated with any new difficulties
Arising at the companies.
The administration's proposal, which was endorsed in large part today
By Fannie Mae and Freddie Mac, would not repeal the significant
Government subsidies granted to the two companies. And it does not
Alter the implicit guarantee that Washington will bail the companies
Out if they run into financial difficulty; that perception enables them
To issue debt at significantly lower rates than their competitors. Nor
Would it remove the companies' exemptions from taxes and antifraud
Provisions of federal securities laws.
The proposal is the opening act in one of the biggest and most significant lobbying battles of the Congressional session.
After the hearing, Representative Michael G. Oxley, chairman of the
Financial Services Committee, and Senator Richard Shelby, chairman of
The Senate Banking Committee, announced their intention to draft
Legislation based on the administration's proposal. Industry executives
Said Congress could complete action on legislation before leaving for
Recess in the fall.
''The current regulator does not have the tools, or the mandate, to
Adequately regulate these enterprises,'' Mr. Oxley said at the hearing.
''We have seen in recent months that mismanagement and questionable
Accounting practices went largely unnoticed by the Office of Federal
Housing Enterprise Oversight,'' the independent agency that now
Regulates the companies.
''These irregularities, which have been going on for several years,
Should have been detected earlier by the regulator,'' he added.
The Office of Federal Housing Enterprise Oversight, which is part of
The Department of Housing and Urban Development, was created by
Congress in 1992 after the bailout of the savings and loan industry and
Concerns about regulation of Fannie Mae and Freddie Mac, which buy
Mortgages from lenders and repackage them as securities or hold them in
Their own portfolios.
At the time, the companies and their allies beat back efforts for
Tougher oversight by the Treasury Department, the Federal Deposit
Insurance Corporation or the Federal Reserve. Supporters of the
Companies said efforts to regulate the lenders tightly under those
Agencies might diminish their ability to finance loans for lower-income
Families. This year, however, the chances of passing legislation to
Tighten the oversight are better than in the past.
Reflecting the changing political climate, both Fannie Mae and its
Leading rivals applauded the administration's package. The support from
Fannie Mae came after a round of discussions between it and the
Administration and assurances from the Treasury that it would not seek
To change the company's mission.
After those assurances, Franklin D. Raines, Fannie Mae's chief
Executive, endorsed the shift of regulatory oversight to the Treasury
Department, as well as other elements of the plan.
''We welcome the administration's approach outlined today,'' Mr. Raines
Said. The company opposes some smaller elements of the package, like
One that eliminates the authority of the president to appoint 5 of the
Company's 18 board members.
Company executives said that the company preferred having the president
Select some directors. The company is also likely to lobby against the
Efforts that give regulators too much authority to approve its products.
Freddie Mac, whose accounting is under investigation by the Securities
And Exchange Commission and a United States attorney in Virginia,
Issued a statement calling the administration plan a ''responsible
Proposal.''
The stocks of Freddie Mac and Fannie Mae fell while the prices of their
Bonds generally rose. Shares of Freddie Mac fell $2.04, or 3.7 percent,
To $53.40, while Fannie Mae was down $1.62, or 2.4 percent, to $66.74.
The price of a Fannie Mae bond due in March 2013 rose to 97.337 from
96.525.Its yield fell to 4.726 percent from 4.835 percent on Tuesday.
Fannie Mae, which was previously known as the Federal National Mortgage
Association, and Freddie Mac, which was the Federal Home Loan Mortgage
Corporation, have been criticized by rivals for exerting too much
Influence over their regulators.
''The regulator has not only been outmanned, it has been outlobbied,''
Said Representative Richard H. Baker, the Louisiana Republican who has
Proposed legislation similar to the administration proposal and who
Leads a subcommittee that oversees the companies. ''Being underfunded
Does not explain how a glowing report of Freddie's operations was
Released only hours before the managerial upheaval that followed. This
Is not world-class regulatory work.''
Significant details must still be worked out before Congress can
Approve a bill.
Among the groups denouncing the proposal today were the National Association of Home Builders and Congressional Democrats who fear that tighter regulation of the companies could sharply reduce their commitment to financing low-income and affordable housing.
''These two entities -- Fannie Mae and Freddie Mac -- are not facing
any kind of financial crisis,'' said Representative Barney Frank of
Massachusetts, the ranking Democrat on the Financial Services
Committee. ''The more people exaggerate these problems, the more
pressure there is on these companies, the less we will see in terms of
affordable housing.''
Representative Melvin L. Watt, Democrat of North Carolina, agreed.
''I don't see much other than a shell game going on here, moving
Something from one agency to another and in the process weakening the
Bargaining power of poorer families and their ability to get affordable
Housing,'' Mr. Watt said.