[Congressional Record Volume 164, Number 47 (Monday, March 19, 2018)]
[Senate]
[Pages S1785-S1786]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HOUSING OPPORTUNITY MORTGAGE EXPANSION ACT
Mr. SCOTT. Mr. President, as chairman of the Senate Banking
Subcommittee on Housing, Transportation, and Community Development,
today I wish to engage in a colloquy to discuss legislation that I
introduced, the Housing Opportunity Mortgage Expansion, HOME, Act, with
several of my colleagues to address an issue involving the Federal Home
Loan Bank, FHLB, system. The FHLB system is a cooperative organization
of 11 banks that support a mission of ``helping American families
realize the dream of home ownership, stimulate the creation of
affordable housing, and improve the local business environment.'' FHLBs
are privately capitalized by their 7,300 members and are subject to
strict oversight by the Federal Housing Finance Agency, FHFA. The HOME
Act is designed to correct the FHFA's perceived statutory limitation in
the FHL Bank Act that does not permit captive insurers to be considered
a class of the eligible insurance companies for membership in FHLBs.
In 2016, the FHFA determined that captive insurance firms were not
insurance firms for purposes of the FHLB Act. In making this
determination, the FHFA abruptly terminated the membership of
approximately four dozen captive insurance entities, including mortgage
real estate investment trusts, REITs, that were active and responsible
members of the FHLB system. These insurance captives greatly
contributed to the affordable housing mission of FHLBs through the use
of private capital versus taxpayer dollars, something that we should
always encourage. I thank Senators Duckworth, Johnson, and Baldwin for
their support of this legislation, which I am hopeful will receive
favorable consideration by this body in the future.
I yield to my friend from Illinois.
Ms. DUCKWORTH. Mr. President, thank you. I thank the chairman and my
colleagues from Wisconsin for their support of this bipartisan
legislation, which I introduced in January and filed as an amendment to
S. 2155. As the chairman stated, as a result of the 2016 regulation,
many of the FHLB system's captive insurance members have had or will
soon have their membership terminated. Our legislation seeks to ensure
that captive insurer affiliates of institutions that are active
providers of private capital in the mortgage market are eligible to
restore or continue their membership.
Their membership is crucial to reliable access to low-cost funding
for home mortgages and affordable housing initiatives in Illinois. For
the Federal Home Loan Bank of Chicago, these members serve as an
important source of private capital in the mortgage market. Their
membership broadens access
[[Page S1786]]
to credit to financial institutions that would otherwise not be able to
access credit through their local markets and creates a reliable source
of liquidity for affordable housing initiatives.
Our bipartisan bill only seeks to redress those captives that were
previously granted FHLB membership prior to February 19, 2016. By
allowing captive insurers to continue to invest in mortgages and
mortgage-related securities through the FHLB system, they can continue
to provide both credit and liquidity to the market. Such sources of
private capital are critical to the long-term financing of the FHLB
system, and therefore, eligibility in the system should be preserved.
Our legislation will achieve this purpose. I wish to turn to my friend
from Wisconsin, Senator Johnson.
Mr. JOHNSON. Mr. President, I agree with the comments of my
colleagues on the need to pass S. 2361 during the 115th Congress. The
legislation is narrowly tailored such that it would provide the
opportunity for reapplication or continuation of FHLB membership only
for those captive entities that meet a series of criteria pertaining to
the mission of their parent companies to serve the residential mortgage
market. These captive members have proven track records of responsible
membership, have contributed to the system, and have invested their
capital in the respective FHLBs. Moreover, each and every captive that
would be affected by our bill are subsidiaries of financial
institutions that are aligned with the overall mission of the FHLBs.
I yield to my colleague from Wisconsin, Senator Baldwin.
Ms. BALDWIN. Mr. President, unfortunately, including this legislation
in the recently passed S. 2155 was not possible due to a number of
procedural objections that could not be overcome. However, it is our
understanding that the substance of our bill has the support of several
FHLBs, and we intend to work with our colleagues, the administration,
and FHFA to find sustainable ways for housing-focused entities such as
relevant captive insurance companies to participate in the FHLB system.
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