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entitled 'Fannie Mae and Freddie Mac: Analysis of Options for Revising 
the Housing Enterprises' Long-term Structures' which was released on 
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Report to Congressional Committees: 

United States Government Accountability Office: 
GAO: 

September 2009: 

Fannie Mae and Freddie Mac: 

Analysis of Options for Revising the Housing Enterprises' Long-term 
Structures: 

GAO-09-782: 

GAO Highlights: 

Highlights of GAO-09-782, a report to congressional committees. 

Why GAO Did This Study: 

Congress established Fannie Mae and Freddie Mac (the enterprises) with 
two key housing missions: (1) provide stability in the secondary market 
for residential mortgages (also in periods of economic stress) and (2) 
serve the mortgage credit needs of targeted groups such as low-income 
borrowers. To accomplish these goals, the enterprises issued debt and 
stock, purchased mortgages from lenders with the proceeds, and retained 
them in portfolio or pooled them into mortgage-backed securities (MBS) 
sold to investors. On September 6, 2008, the Federal Housing Finance 
Agency (FHFA) placed the enterprises into conservatorship out of 
concern that their deteriorating financial condition ($5.4 trillion in 
outstanding obligations) would destabilize the financial system. With 
estimates that the conservatorship will cost taxpayers nearly $400 
billion, GAO initiated this report under the Comptroller General’s 
authority to help inform the forthcoming congressional debate on the 
enterprises’ future structures. It discusses the enterprises’ 
performance in meeting mission requirements, identifies and analyzes 
options to revise their structures, and discusses key transition 
issues. 

GAO reviewed studies and data, and interviewed housing finance experts 
and officials from the enterprises, FHFA, Departments of the Treasury 
(Treasury) and Housing and Urban Development (HUD), the Federal 
Reserve, lenders, and community groups. 

What GAO Found: 

The enterprises have a mixed record in meeting their housing mission 
objectives, and both capital and risk management deficiencies have 
compromised their safety and soundness as follows: 

* The enterprises’ secondary market activities are credited with 
helping create a liquid national mortgage market, lowering mortgage 
rates somewhat, and standardizing mortgage underwriting processes. 
However, their capacity to support housing finance during periods of 
economic stress has not been established, and they only have been able 
to do so during the current recession with substantial financial 
assistance from Treasury and the Federal Reserve. 

* There is limited evidence that a program established in 1992 that 
required the enterprises to meet annual goals for purchasing mortgages 
serving targeted groups materially benefited such groups. 

* The enterprises’ structures (for-profit corporations with government 
sponsorship) undermined market discipline and provided them with 
incentives to engage in potentially profitable business practices that 
were risky and not necessarily supportive of their public missions. For 
example, the enterprises’ retained mortgage portfolios are complex to 
manage and expose them to losses resulting from changes in interest 
rates. Further, the enterprises’ substantial investments in assets 
collateralized by subprime and other questionable mortgages in recent 
years generated losses that likely precipitated the conservatorship. 

It will be necessary for Congress to reevaluate the roles, structures, 
and performance of the enterprises, and to consider options to 
facilitate mortgage finance while mitigating safety and soundness and 
systemic risk concerns. These options generally fall along a continuum 
with some overlap in key areas: 

* Reconstitute the enterprises as for-profit corporations with 
government sponsorship but place additional restrictions on them. While 
restoring the enterprises to their previous status, this option would 
add controls to minimize risk. As examples, it would eliminate or 
reduce mortgage portfolios, establish executive compensation limits, or 
convert the enterprises from shareholder-owned corporations to 
associations owned by lenders. 

* Establish the enterprises as government corporations or agencies. 
Under this option, the enterprises would focus on purchasing qualifying 
mortgages and issuing MBS but eliminate their mortgage portfolios. The 
Federal Housing Administration (FHA), which insures mortgages for low-
income and first-time borrowers, could assume additional 
responsibilities for promoting homeownership for targeted groups. 

* Privatize or terminate them. This option would abolish the 
enterprises in their current form and disperse mortgage lending and 
risk management throughout the private sector. Some proposals involve 
the establishment of a federal mortgage insurer to help protect 
mortgage lenders against catastrophic mortgage losses. 

GAO provides a framework for identifying trade-offs associated with the 
options and identifies potential regulatory and oversight structures, 
principles, and actions that could help ensure their effective 
implementation (see table). 

Table: Summary of Implications of the Options to Revise the 
Enterprises’ Structures: 

Ability to provide liquidity and support to mortgage markets: 
Reestablish as government-sponsored enterprises (GSE): 
Reconstituting the enterprises as GSEs may provide liquidity and other 
benefits to mortgage finance during normal economic times. However, as 
for-profit entities, their capacity to support housing finance during 
stressful economic periods is open to question. 
Establish government corporation or agency: A government entity, with 
access to Treasury-issued debt, may be positioned to provide mortgage 
liquidity during normal and stressful economic periods. But, without a 
portfolio to hold mortgages, its capacity to do the latter also may be 
limited. Treasury or the Federal Reserve may need to step in and 
purchase mortgage assets under such circumstances. 
Privatize or terminate: If other financial institutions assumed key 
enterprise activities such as mortgage purchases and MBS issuance, 
liquid mortgage markets could be reestablished in normal economic 
times. But, private mortgage lending has collapsed in the current 
recession. A federal mortgage insurer could help ensure that private 
lenders provide mortgage funding in stressful economic periods. 

Support housing opportunities for targeted groups: 
Reestablish as government-sponsored enterprises (GSE): For-profit 
status and elimination of mortgage portfolios could limit enterprises’ 
capacity to fulfill this objective. But, permitting smaller mortgage 
portfolios, expanding FHA programs, or providing direct financial 
assistance to targeted borrowers could be alternatives. 
Establish government corporation or agency: Might be expected to 
perform this function as a public entity. But, may face challenges 
implementing a program to purchase mortgages for such groups if they 
cannot hold these mortgages in portfolio. FHA insurance programs could 
be expanded as an alternative. 
Privatize or terminate: Would eliminate traditional basis (government 
sponsorship) for previous programs that required enterprises to serve 
mortgage credit needs of targeted groups. But, a federal mortgage 
insurer could be required to establish such programs due to its 
government sponsorship. 

Potential safety and soundness concerns: 
Reestablish as government-sponsored enterprises (GSE): Although 
additional regulations could minimize risks, safety and soundness 
concerns may remain as this option would preserve the enterprises’ 
previous status as for-profit corporations with government sponsorship. 
Establish government corporation or agency: May mitigate risk due to 
lack of profit motive and the elimination of existing mortgage 
portfolios. However, managing the enterprises’ ongoing MBS business 
still would be complex and risky, and a government entity may lack the 
staffing and technology to do so effectively. 
Privatize or terminate: In one scenario, risks would decrease as 
mortgage lending would be dispersed among many institutions. But, large 
institutions that assumed functions such as MBS issuance may be viewed 
as too big to fail, which could increase risks. A federal mortgage 
insurer also may not charge premiums that reflect its risks. 

Key elements for potential regulatory and oversight structure: 
Reestablish as government-sponsored enterprises (GSE): Reduce or 
perhaps eliminate the enterprises’ mortgage portfolios, increase 
capital standards and impose regulations, such as executive 
compensation limits, and establish new ownership structures, as 
appropriate. Require financial disclosures to help ensure transparency 
and provide congressional oversight of the enterprises’ and FHFA’s 
performance. 
Establish government corporation or agency: Provide entity with 
flexibility to hire staff and obtain necessary technology. Establish 
risk-sharing arrangements with the private sector, appropriate 
disclosures of risks and liabilities in the federal budget to help 
ensure transparency, and robust congressional oversight of operations. 
Privatize or terminate: Fragmented U.S. financial regulatory structure 
would need to be revised, as GAO has identified in previous reports, to 
help oversee risks of large institutions that may assume enterprise 
functions or acquire their assets. Oversight structure for a federal 
mortgage insurer also would need to be established. 

Source: GAO analysis of structural reform options. 

[End of table] 

During the conservatorship, the federal government has tasked the 
enterprises to implement a variety of programs designed to help respond 
to the current housing crisis, such as helping borrowers forestall 
foreclosures. While these efforts may be necessary to help mitigate the 
effects of the housing crisis, they also might significantly affect the 
costs of the conservatorship and transition to a new structure. For 
example, investors might be unwilling to invest capital in 
reconstituted enterprises unless Treasury assumed responsibility for 
losses incurred during their conservatorship. Finally, any transition 
to a new structure would need to consider the enterprises’ still-
dominant position in housing finance and be implemented carefully 
(perhaps in phases) to ensure its success. 

In written comments, FHFA stated that the report is timely and does a 
good job summarizing the dominant proposals for restructuring the 
enterprises and some of their strengths and weaknesses. FHFA also 
offered key questions and principles for guiding initial decisions that 
will have to be made about the future of the mortgage market. 

View [hyperlink, http://www.gao.gov/products/GAO-09-782] or key 
components. For more information, contact William B. Shear at (202) 512-
8678 or shearw@gao.gov. 

[End of section] 

Contents: 

Letter: 

Background: 

The Enterprises Had a Mixed Record on Achieving Housing Mission 
Objectives, and Risk-Management Deficiencies Compromised Their Safety 
and Soundness: 

Options to Revise the Enterprises' Structures Aim to Help Ensure 
Housing Mission Achievement, While Mitigating Safety and Soundness 
Risks: 

A Framework for Identifying and Analyzing the Trade-offs Associated 
with Options to Revise the Enterprises' Structures, and Oversight 
Structures That Might Help Ensure Their Effective Implementation: 

Federal Efforts to Support Housing Markets during the Conservatorships 
and Certain Terms of Treasury Agreements Could Increase the Costs and 
Challenges Associated with the Transition to New Enterprise Structures: 

Agency Comments and Our Evaluation: 

Appendix I: Objectives, Scope, and Methodology: 

Appendix II: Comments from the Federal Housing Finance Agency: 

Appendix III: GAO Contact and Staff Acknowledgments: 

Tables: 

Table 1: Federal Initiatives Designed to Facilitate the Availability of 
Home Mortgage Credit and Housing Opportunities: 

Table 2: Time Line of Significant Events in Federal Housing Finance 
System: 

Table 3: Enterprise Compliance with Low-and Moderate-Income Numeric 
Mortgage Purchase Goals, 2002-2008: 

Table 4: Summary of Options to Revise the Enterprises' Structures: 

Table 5: Trade-offs Associated with Enterprise Reform Options as They 
Relate to Long-Established Enterprise Objectives and Potential 
Oversight Structures: 

Figures: 

Figure 1: Enterprises and Private-Label MBS Issuances, 2004-2008: 

Figure 2: Growth in Enterprises' Retained Mortgage Portfolios, 1990- 
2008: 

Figure 3: Total Private-Label Mortgage Backed Securities as Percentage 
of the Enterprises Retained Mortgage Portfolios, 1998-2007: 

Abbreviations: 

CBO: Congressional Budget Office: 

CDBG: Community Development Block Grant: 

CRS: Congressional Research Service: 

FHA: Federal Housing Administration: 

FHFA: Federal Housing Finance Agency: 

FHFB: Federal Housing Finance Board: 

FHL Bank System: Federal Home Loan Bank System: 

Ginnie Mae: Government National Mortgage Association: 

GSE: government-sponsored enterprise: 

HAMP: Home Affordable Modification Plan: 

HARP: Home Affordable Refinance Program: 

HERA: Housing and Economic Recovery Act of 2008: 

HUD: Department of Housing and Urban Development: 

LIHTC: Low-Income Housing Tax Credit: 

MBS: mortgage-backed securities: 

OCC: Office of the Comptroller of the Currency: 

OFHEO: Office of Federal Housing Enterprise Oversight: 

OTS: Office of Thrift Supervision: 

PC" participation certificate: 

PIH: HUD's Office of Public and Indian Housing: 

SIFMA" Securities Industry and Financial Markets Association: 

USDA/RD" Department of Agriculture's Rural Development Housing and 
Community Facilities Programs: 

VA" Department of Veterans Affairs: 

[End of section] 

United States Government Accountability Office: 
Washington, DC 20548: 

September 10, 2009: 

Congressional Committees: 

On September 6, 2008, the Federal Housing Finance Agency (FHFA) placed 
Fannie Mae and Freddie Mac into conservatorship out of concern that the 
deteriorating financial condition of the two government-sponsored 
enterprises (GSE or enterprise) threatened the stability of financial 
markets.[Footnote 1] According to FHFA's former Director, James B. 
Lockhart III, at the time the conservatorships were established, Fannie 
Mae and Freddie Mac had worldwide debt and other financial obligations 
totaling $5.4 trillion, and their default on those obligations would 
have significantly disrupted the U.S. financial system.[Footnote 2] The 
Department of the Treasury (Treasury) has agreed to provide substantial 
financial support to the enterprises so that they can continue to 
support mortgage finance during the current financial crisis.[Footnote 
3] As of June 30, 2009, Treasury had provided about $85 billion in 
funds to support the enterprises. The Congressional Budget Office (CBO) 
has estimated that the total cost of the conservatorships to taxpayers 
will be $389 billion.[Footnote 4] The Board of Governors of the Federal 
Reserve System (Federal Reserve) also has committed to a variety of 
activities, including purchasing substantial amounts of the 
enterprises' debt and securities, to support housing finance, housing 
markets, and the financial markets more generally.[Footnote 5] While 
the conservatorships can remain in place indefinitely as efforts are 
undertaken to stabilize the enterprises and restore confidence in 
financial markets, FHFA has said that the conservatorships were not 
intended to be permanent. Over the longer term, Congress and the 
Executive Branch will face difficult decisions on how to restructure 
the enterprises and promote housing opportunities while limiting risks 
to taxpayers and the stability of financial markets. 

Congress originally established Fannie Mae and Freddie Mac as 
government entities in 1968 and 1989, respectively, chartering them as 
for-profit, shareholder-owned corporations.[Footnote 6] They share a 
primary mission that has been to stabilize and assist the U.S. 
secondary mortgage market and facilitate the flow of mortgage credit. 
To accomplish this goal, the enterprises issued debt and stock and used 
the proceeds to purchase conventional mortgages that met their 
underwriting standards, known as conforming mortgages, from primary 
mortgage lenders such as banks or thrifts.[Footnote 7] In turn, banks 
and thrifts used the proceeds to originate additional mortgages. The 
enterprises held some of the mortgages that they purchased in their 
portfolios. However, most of the mortgages were packaged into mortgage- 
backed securities (MBS), which were sold to investors in the secondary 
mortgage market.[Footnote 8] In exchange for a fee (the guarantee fee) 
the enterprises guaranteed the timely payment of interest and principal 
on MBS that they issued. The charter requirements for providing 
assistance to the secondary mortgage markets specify that those markets 
are to include mortgages on residences for low-and moderate-income 
families. In 1992, Congress instituted authority for requiring the 
enterprises to meet numeric goals set by the Department of Housing and 
Urban Development (HUD) on a yearly basis for the purchase of single- 
and multifamily conventional mortgages that serve targeted groups. 
[Footnote 9] 

While the enterprises operated profitably for many years, their 
structures long have been in question. For example, critics questioned 
the extent to which private for-profit corporations could be expected 
to serve a federally mandated housing mission. Furthermore, critics 
stated that the federal government's sponsorship conveyed certain 
financial and other advantages to the enterprises that encouraged them 
to engage in riskier activities than otherwise would be the case. 
[Footnote 10] In particular, despite the federal government explicitly 
not guaranteeing the enterprises' debt and MBS or including them in the 
federal budget, there was an assumption in financial markets of an 
"implied" federal guarantee, which enabled the enterprises to borrow at 
lower rates than other for-profit corporations.[Footnote 11] Critics 
argued that this implicit government guarantee and access to less 
costly credit created a moral hazard. That is, it encouraged the 
enterprises to assume greater risks and hold less capital than would 
have been the case in the absence of such a guarantee. 

According to former Treasury Secretary Henry M. Paulson, Jr., the FHFA 
conservatorships provide an opportunity for Congress to reconsider the 
nature and structure of the enterprises and make revisions to better 
ensure their safety and soundness as they participate in efforts to 
stabilize the mortgage markets. Researchers and research institutes, 
financial commenters and market participants, and others have made a 
variety of proposals about the future structure of Fannie Mae and 
Freddie Mac, both before and after the establishment of the FHFA 
conservatorships. Some proposals call for converting the enterprises 
into government entities while others advocate privatization or 
termination. While there is no consensus on what the next steps should 
be, whatever actions Congress takes will have profound impacts on the 
structure of the U.S. housing finance system. 

We initiated this review under the Comptroller General's authority to 
provide Congress with information on the roles, benefits, and risks 
associated with the enterprises' activities in housing finance over the 
years and to help inform the forthcoming deliberation on their future 
structure. Specifically, this report (1) discusses how the enterprises' 
roles, structures, and activities have changed over time and their 
performance in achieving key housing mission objectives; (2) identifies 
various options for revising the enterprises' eventual structure; (3) 
analyzes these options in terms of their potential capacity to achieve 
key housing mission and safety and soundness objectives; and (4) 
discusses how the federal government's management of the 
conservatorships and response to the housing crisis could affect any 
transition. 

To meet our objectives, we reviewed reports, studies, and data on the 
enterprises and their regulation, including our reports, as well as 
proposals to revise their structures. We also met with researchers who 
wrote relevant reports or were knowledgeable on enterprise-related 
issues and with representatives from FHFA, Treasury, the Federal 
Reserve, HUD, the Government National Mortgage Association (Ginnie 
Mae), CBO, the enterprises, banking and mortgage organizations, the 
National Association of Home Builders, and community groups. Through 
such research and interviews, we sought to identify (1) key housing 
mission, safety and soundness, and other objectives that have been 
associated with the enterprises over the years; (2) options to reform 
the enterprises' structures and how they would affect these objectives; 
and (3) principles associated with effective regulatory oversight 
structures. While it is not possible to conclusively determine the 
potential implications of the various proposals, we grounded our 
analysis of likely outcomes on previous research and evaluations. We 
also sought to include, where appropriate, assessments of how recent 
developments in financial markets, particularly actions by federal 
agencies to provide financial support to troubled banks and other 
institutions, could affect the operations of the various options. We 
recognize that a variety of factors could change over time, such as the 
condition of credit markets and the financial performance of the 
enterprises while in conservatorship, which could affect our analysis 
of the options. A more detailed analysis of our objectives, scope, and 
methodology is included in appendix I. 

We conducted this performance audit from October 2008 to September 
2009, in accordance with generally accepted government auditing 
standards. Those standards require that we plan and perform the audit 
to obtain sufficient, appropriate evidence to provide a reasonable 
basis for our findings and conclusions based on our audit objectives. 
We believe that the evidence obtained provides a reasonable basis for 
our findings and conclusions based on our audit objectives. 

Background: 

The enterprises constitute one component of a range of federal 
initiatives that, since the 1930s, have facilitated the availability of 
mortgage credit and housing opportunities (see table 1). While these 
initiatives may involve differing missions, structures, and activities, 
they generally rely on federal support and subsidies to achieve their 
objectives. In some cases, these initiatives--such as the Federal Home 
Loan Bank System (FHLBank System), the enterprises' general mortgage 
support activities, federal tax deductions for mortgage interest, and 
exemptions for capital gains--apply broadly and are designed generally 
to facilitate mortgage lending and homeownership. In other cases, the 
initiatives have been designed to facilitate home ownership and housing 
opportunities for targeted populations and groups. For example, 
programs administered by the Federal Housing Administration (FHA), 
Department of Veterans Affairs (VA), Department of Agriculture's Rural 
Development Housing and Community Facilities Programs (USDA/RD), and 
HUD's Office of Public and Indian Housing (PIH) are designed to 
facilitate homeownership and housing opportunities for moderate-and low-
income persons, as well as first-time buyers, veterans, residents of 
rural areas, and Native Americans, respectively. In some cases, these 
federal housing initiatives also target similar populations and 
borrowers. For example, through their general business activities and 
affordable housing goal requirements, the enterprises, like FHA, 
provide mortgage credit to low-income borrowers and other targeted 
groups. 

Table 1: Federal Initiatives Designed to Facilitate the Availability of 
Home Mortgage Credit and Housing Opportunities: 

Entities that operate in the primary mortgage market: 

FHLBank System; (GSE): 
Purpose: Established in 1932 by Congress as a GSE to support mortgage 
lending and related community investment. The 12 FHLBanks borrow funds 
in debt markets and provide their members low-cost, long- and short-
term advances (loans), which members use to fund mortgage loans and 
maintain liquidity for their operations. Advances are primarily 
collateralized by residential mortgage loans and government and agency 
securities. Advances are priced at a small spread over comparable 
Treasury obligations. 

FHA; (government agency in HUD): 
Purpose: Congress created FHA under the National Housing Act of 1934 to 
expand opportunities for homeownership. FHA provides mortgage insurance 
on loans made by private lenders. Located in HUD since 1965, FHA's 
loans generally are for low-income, first-time homebuyers and 
minorities. FHA is legislatively constrained by the dollar amount of 
loans it can insure. 

VA (federal agency): 
Purpose: VA guarantees housing loans for veterans and their families. 
VA does not impose a maximum loan amount that may be guaranteed. 
However, for certain high-cost counties, county "limits" must be used 
to calculate VA's maximum guarantee amount. Unlike FHA, VA guarantees 
only a portion of the loan. 

USDA/RD Housing and Community Facilities Programs--Loan Guarantee 
Program: 
Purpose: USDA/RD guarantees loans for moderate-income individuals or 
households to purchase homes in rural areas. 

Entities that operate in the secondary mortgage market: 

Fannie Mae and Freddie Mac (GSEs): 
Purpose: The GSEs guarantee investors in their securities that they 
will receive their expected principal and interest payments. Fannie Mae 
and Freddie Mac have similar federal charters. The loans they purchase 
are required to be under the legislative conforming limit (currently at 
$417,000, except for high-cost areas that have a limit of $729,750). 
They also are required to meet affordable housing goals for both single-
and multifamily housing. 

Ginnie Mae (government corporation in HUD): 
Purpose: It guarantees securities backed by pools of FHA-, VA-, 
USDA/RD-, and PIH-insured or guaranteed mortgages. Specifically, Ginnie 
Mae guarantees that investors in MBS issued by lenders will receive 
timely principal and interest payments. Ginnie Mae guaranteed MBS have 
the full faith and credit of the federal government. 

Direct outlays: 

HUD programs, such as HOME, Community Development Block Grant (CDBG), 
Section 8 rental assistance, and HOPE VI assistance: 
Purpose: HOME and CDBG provide grants to state or local governments 
with a flexible funding source to meet their diverse affordable housing 
needs. Section 8 subsidizes rents for low-income residents and HOPE VI 
is used to rebuild or rehabilitate public housing. 

USDA/RD Housing and Community Facilities Programs: 
Purpose: USDA/RD makes direct, low-interest loans with no down payments 
to help low-and moderate-income individuals or households purchase 
homes and also operates a rental assistance program. 

Tax subsidies: 

Mortgage interest tax deduction: 
Purpose: Available to homeowners of all income levels, it allows 
homeowners who itemize deductions on their income tax returns to deduct 
the interest they pay on their mortgages. 

Treatment of capital gains: 
Purpose: Individual taxpayers are exempted from paying a capital gains 
tax on the first $250,000 of capital gains ($500,000 for joint filers) 
from the sale of their principal residence. A principal residence is 
defined as a property that was owned and used as a primary residence 
for a total of at least 2 years during the 5-year period that ended on 
the date of the sale. 

Mortgage revenue bonds: 
Purpose: State or local agencies issue tax-exempt bonds, the proceeds 
of which are used to provide below market interest rate mortgages to 
first-time homebuyers who earn no more than the area median income. 
Most of the costs of the bonds are borne by the federal government in 
the form of lost tax revenue. 

Low-Income Housing Tax Credit (LIHTC): 
Purpose: Created by the Tax Reform Act of 1986, LIHTC has become the 
primary vehicle for production of affordable rental housing in the 
country. States are authorized to allocate federal tax credits as an 
incentive to the private sector to develop rental housing for low-
income households. Project investors can claim the tax credit award 
annually on their tax returns for 10 years. 

Source: GAO. 

[End of table] 

Establishment and Management of the FHFA Conservatorships: 

During 2007 and the first half of 2008, Fannie Mae's and Freddie Mac's 
financial conditions deteriorated significantly, which FHFA officials 
said prompted the agency to establish the conservatorships. As later 
described in this report, the enterprises incurred substantial credit 
losses on their retained portfolios and their guarantees on MBS. These 
credit losses resulted from pervasive declines in housing prices, as 
well as specific enterprise actions such as their guarantees on MBS 
collateralized by questionable mortgages (mortgages with limited or no 
documentation of borrowers' incomes), and investments in private-label 
MBS collateralized by subprime mortgages. In July 2008, Fannie Mae's 
and Freddie Mac's financial condition deteriorated, which prompted 
congressional and Executive Branch efforts to stabilize the enterprises 
and minimize associated risks to the financial system. In particular, 
Congress passed and the President signed the Housing and Economic 
Recovery Act of 2008 (HERA) which, among other things, established 
FHFA. HERA sets forth FHFA's regulatory responsibilities and 
supervisory powers, which include expanded authority to place the 
enterprises in conservatorship or receivership, and provides Treasury 
with certain authorities to provide financial support to the 
enterprises, which are discussed below. While Treasury and other 
federal regulatory officials stated in July 2008 that the 
conservatorship or other major measures likely would not be necessary, 
the enterprises' financial conditions continued to deteriorate. 
According to FHFA and Treasury officials, their ongoing financial 
analysis of Fannie Mae and Freddie Mac in August and early September 
2008, as well as continued investor concerns about the financial 
condition of each enterprise, resulted in FHFA's imposition of the 
conservatorships on September 6, 2008, to help ensure the enterprises' 
viability, fulfill their housing missions, and stabilize financial 
markets. 

As conservator of the enterprises, FHFA has replaced their Chief 
Executive Officers, appointed new members of the boards of directors, 
assumed responsibility for overseeing key business decisions, and 
ceased the enterprises' lobbying activities. While FHFA oversees key 
enterprise business decisions, agency officials said that they expect 
enterprise managers to continue to run day-to-day business activities. 
FHFA officials also said that the agency's staff continues to oversee 
the enterprises' safety and soundness and housing mission achievement. 
For example, FHFA officials said that agency examiners are located on- 
site at each enterprise to assess their ongoing financial performance 
and risk management. 

Since FHFA became conservator, the enterprises have been tasked by the 
federal government to help respond to the current housing and financial 
crisis. For example, in November 2008, the enterprises suspended the 
initiation of foreclosure proceedings on mortgages that they held in 
their portfolios or on which they had guaranteed principal and interest 
payments for MBS investors, and this initiative subsequently was 
extended through March 31, 2009. Furthermore, under the 
administration's Homeowner Affordability and Stability Plan, which was 
announced on February 18, 2009, the enterprises are tasked to (1) 
provide access to low-cost refinancing for loans they own or guarantee 
to help homeowners avoid foreclosures and reduce monthly payments and 
(2) initiate a loan modification plan for at-risk homeowners that will 
lower their housing costs through a combination of interest rate 
reductions, maturity extensions, and principal forbearance or 
forgiveness. 

Treasury Has Been Providing Financial Support to the Enterprises during 
Their Conservatorships: 

As authorized by HERA, the Secretary of the Treasury entered into 
agreements with Fannie Mae and Freddie Mac on September 7, 2008, to 
provide substantial financial support to the enterprises and thereby 
minimize potential systemic financial risks associated with their 
deteriorating financial condition.[Footnote 12] Specifically, Treasury 
has entered into agreements and announced the following initiatives: 

* Enhance the enterprises' financial solvency by purchasing their 
senior preferred stock and making funding available on a quarterly 
basis, to be recovered by redemption of the stock or by other means. 
[Footnote 13] While the initial funding commitment for each enterprise 
was capped at $100 billion, Treasury increased the cap to $200 billion 
per enterprise in February 2009 to maintain confidence in the 
enterprises. As of June 30, 2009, Treasury had purchased approximately 
$50.7 billion in Freddie Mac preferred stock and $34.2 billion in 
Fannie Mae preferred stock under the agreements. As part of the 
preferred stock purchase agreement, Treasury has received warrants to 
buy up to 79.9 percent of each enterprise's common stock for $0.00001 
per share. The warrants are exercisable at any time and should the 
enterprises' financial conditions improve sufficiently, the warrants 
would help the government recover some of its investments in the 
enterprises. However, according to CBO, it is unlikely that the federal 
government will recover much of its massive financial investments in 
the enterprises.[Footnote 14] Treasury also is to receive dividends on 
the enterprises' senior preferred stock at 10 percent per year and, 
beginning March 31, 2010, quarterly commitment fees from the 
enterprises. 

* Purchase MBS until December 31, 2009, when the purchase authority 
expires. From September 2008 through July 2009, Treasury purchased 
$171.8 billion in the enterprises' MBS. While Treasury's authority 
under HERA to make such MBS purchases expires at the end of 2009, it 
may continue to hold previously purchased MBS in its portfolio beyond 
that date. 

* Establish a temporary secured credit lending facility that allows the 
enterprises, as well as the FHLBank System, to borrow funds in the 
event they face difficulties issuing debt in financial markets. Under 
this Treasury program, the enterprises are to collateralize any 
borrowings with their MBS and the FHLBanks are to collateralize such 
borrowings with mortgage assets. To date, neither the enterprises nor 
any FHLBanks have used this borrowing authority, and Treasury's 
authority for this program expires at the end of 2009. 

The Federal Reserve's Steps to Improve Conditions in the Mortgage 
Markets: 

The Federal Reserve also has agreed to acquire substantial amounts of 
debt and MBS of the enterprises and other entities in order to reduce 
the cost and increase the availability of credit for the purchase of 
homes, and to foster improved conditions in financial markets. In 
November 2008, the Federal Reserve announced it would purchase up to 
$100 billion of debt issued by Fannie Mae, Freddie Mac, and the FHLBank 
System, and up to $500 billion in MBS guaranteed by Fannie Mae, Freddie 
Mac, and Ginnie Mae. On March 18, 2009, the Federal Reserve announced 
that during the current year it would purchase an additional $100 
billion of the enterprises' debt up to a total of $200 billion and an 
additional $750 billion of enterprise MBS up to a total of $1.25 
trillion. As of August 19, 2009, the Federal Reserve had purchased 
$111.8 billion in federal agency housing debt securities and $609.5 
billion in guaranteed MBS.[Footnote 15] 

The Enterprises Had a Mixed Record on Achieving Housing Mission 
Objectives, and Risk-Management Deficiencies Compromised Their Safety 
and Soundness: 

To help inform the forthcoming congressional consideration of the 
enterprises' future purposes and structures, this section discusses key 
aspects of their histories and performance in achieving key housing 
mission and safety and soundness objectives. Specifically, in this 
section, we discuss (1) the enterprises' changing roles, structures, 
and activities over the years; (2) their performance in supporting 
mortgage finance consistent with charter obligations; (3) the extent to 
which the numeric housing goals may have materially benefited 
homeownership opportunities for targeted groups; and (4) the effect of 
the enterprises' risk-management practices on their safety and 
soundness. 

Enterprises' Roles, Structures, Activities, and Regulatory Oversight 
Underwent Important Changes since the 1930s: 

As discussed below, the enterprises underwent important structural 
changes over the decades and accrued diverse missions and activities 
relating to the public and for-profit aspects of their structures and 
functions. Table 2 provides a time line that summarizes the key events 
in the federal housing finance system related to the enterprises over 
the past 77 years. 

Table 2: Time Line of Significant Events in Federal Housing Finance 
System: 

1930s: Government stabilized the flow of funds into housing, promoted 
stability by providing liquidity in housing finance through the 
secondary market, and standardized longer term, fixed-rate mortgages: 

1932: FHLBank System was created. 

1934: FHA was created; FHA was given authority to authorize the 
establishment of privately held national mortgage associations for the 
purchase and sale of mortgages. 

1938: FHA, within its authority, established a national mortgage 
association, which became Fannie Mae, within FHA for the purpose of the 
purchase and sale of FHA-insured mortages. 

1940s: In the postwar period, housing demand grew rapidly: 

1946: Fannie Mae's predecessor began buying and selling loans 
guaranteed by VA. 

1948: FHA given authority specifically to charter the Federal National 
Mortgage Association (Fannie Mae) which received statutory authority to 
buy and sell loans guaranteed by VA. 

1950s: Fannie Mae's purchases of FHA-insured and VA-guaranteed 
mortgages increased substantially: 

1954: Fannie Mae was chartered specifically to provide liquidity in the 
mortgage market, and support the mortgage market when there was a 
threat to the stability of the economy. 

1954: The Housing Act reorganized Fannie Mae as a mixed-ownership 
corporation with eligible shareholders being the federal government and 
lenders that sold mortgages to Fannie Mae. 

1960s: Federal housing agencies were restructured: 

1965: FHA became part of HUD, within its Office of Housing. 

1968: Fannie Mae was divided in two: Fannie Mae continued in the 
secondary market sector as a private, shareholder-owned entity with a 
federal charter overseen by HUD, while the newly created Ginnie Mae 
guaranteed FHA and VA mortgages from within HUD. 

1970s: Freddie Mac was created and Fannie Mae moved into the 
conventional mortgage market: 

1970: Federal Home Loan Mortgage Corporation (Freddie Mac) was created 
to develop a secondary market for conventional mortgage loans. 

1970: Ginnie Mae first issued securities, backed by FHA and VA loans. 

1971: Freddie Mac introduced the first conventional mortgage security, 
the mortgage participation certificate (PC). 

1972: Fannie Mae bought its first conventional mortgages--those not 
backed by FHA or VA. 

1980s: Fannie Mae faced challenges with interest-rate risk and Freddie 
Mac became publicly traded: 

Early 1980s: Fannie Mae held mortgage assets in portfolio and 
experienced financial trouble because of high, short-term interest 
rates; the federal government provided financial support. 

1981: Fannie Mae first issued MBS. 

1989: Freddie Mac became a publicly traded, shareholder-owned 
corporation. 

1989: FHLBank oversight transferred to the Federal Housing Finance 
Board (FHFB) from the Federal Home Loan Bank Board. 

1990s: Unprecedented growth: 

1992: Federal Housing Enterprises Safety and Soundness Act was enacted 
and established the Office of Federal Housing Enterprise Oversight 
(OFHEO) as an independent agency within HUD to monitor the safety and 
soundness of the enterprises. 

1992: Numeric housing goals were established. 

Mid 1990s: Rapid growth in enterprise mortgage portfolios begins. 

2000s: Housing bubble bursts and the enterprises undertake activities 
that led to their conservatorships: 

Early 2000s: Fannie Mae and Freddie Mac started buying Alt-A and 
subprime mortgage securities. 

2003: Freddie Mac found by OFHEO to have used improper accounting 
methods. 

2004: Fannie Mae found by OFHEO to have used improper accounting 
methods. 

2008: HERA created FHFA to oversee Fannie Mae, Freddie Mac, and the 
FHLBank System, abolished OFHEO and FHFB as regulatory agencies, and 
transferred HUD's mission authority (including numeric housing goals) 
to FHFA. 

2008: FHFA placed Fannie Mae and Freddie into conservatorship on 
September 6, 2008. 

Source: GAO. 

[End of table] 

Created in the 1930s, Fannie Mae Initially Provided Additional 
Liquidity to the Mortgage Market by Buying and Holding FHA Mortgages: 

Prior to the 1930s, the federal government did not play a direct role 
in supporting housing finance. Typically lenders--mainly savings and 
loans (thrifts), but also banks--originated short-term mortgages (from 
3 to 10 years). Since thrifts and banks primarily served local markets, 
regional differences in the demand for and supply of mortgage credit 
resulted in regional disparities in mortgage interest rates and credit 
availability. During the Great Depression, thousands of thrifts and 
banks failed due to their credit losses, and housing finance generally 
became unavailable. 

In response, the federal government established institutions and 
initiatives to revive the housing finance market. In 1932, Congress 
established the FHLBank System--the first housing GSE--to provide short-
term loans (called advances) to member savings and loans institutions 
that would use them to fund home mortgages.[Footnote 16] Additionally, 
Congress established FHA in 1934 in part to promote and insure long-
term housing mortgages (up to 20 years) that called for borrowers to 
pay off the principal and interest of loans over a specified number of 
years.[Footnote 17] Fannie Mae was established by FHA under authority 
provided in 1938 as a government-held association to buy and hold 
mortgages insured by FHA, thereby providing additional liquidity to the 
mortgage market.[Footnote 18] During the 1940s, Congress authorized 
Fannie Mae to purchase VA-guaranteed mortgages to facilitate the 
efforts of veterans to purchase homes.[Footnote 19] 

The Housing Act of 1954 instituted Fannie Mae as a mixed-ownership 
corporation and specified in its federal charter the entity's role and 
requirements that subsequently served as some of the enterprises' key 
housing mission objectives.[Footnote 20] Among its provisions, the act 
required Fannie Mae to (1) provide liquidity for mortgage investments 
to improve the availability of capital for home mortgage financing and 
(2) support the mortgage market when there was a threat to the 
stability of the economy. The 1954 act also provided Fannie Mae with 
certain financial benefits thought necessary to carry out its 
objectives, such as exemptions from all local taxes except property 
taxes. Lenders that sold mortgages to Fannie Mae were required to 
purchase stock in it, but the federal government remained the 
enterprise's majority owner. 

Throughout the late 1950s and 1960s, Fannie Mae's purchases of FHA- 
insured and VA-guaranteed mortgages increased substantially. During 
this period, limits on interest rates that banks and thrifts could 
offer for deposits and restrictions on their ability to branch across 
state lines contributed to liquidity constraints and continuing 
regional disparities in mortgage interest rates. By operating across 
the nation, Fannie Mae could help alleviate such scarcities and 
disparities. 

Congress Established Fannie Mae and Freddie Mac as For-profit 
Corporations in 1968 and 1970, Respectively, to Carry Out Housing 
Missions: 

In 1968, the Housing and Urban Development Act (the 1968 act) 
reorganized Fannie Mae as a for-profit, shareholder-owned company with 
government sponsorship and established Ginnie Mae as an independent 
government corporation in HUD.[Footnote 21] Ginnie Mae's primary 
function was to guarantee the timely payment of principal and interest 
from pools of FHA-, USDA/RD-, and PIH-insured and VA-guaranteed 
mortgages. Ginnie Mae has the full faith and credit backing of the 
federal government. Although now a for-profit, shareholder-owned 
company, Fannie Mae continued its activities, which were mainly 
purchasing FHA and VA mortgages. According to some financial analysts, 
Congress largely reorganized Fannie Mae as a private company for 
budgetary purposes (that is, to remove its financial obligations from 
the federal budget). The 1968 act also gave the HUD Secretary general 
regulatory authority over Fannie Mae, as well as authority to require 
that a reasonable portion of its mortgage purchases serve low-and 
moderate-income families. The Secretary subsequently established 
numeric housing goals for Fannie Mae that essentially required that at 
least 30 percent of its purchases serve low-and moderate-income 
families, and at least 30 percent serve families living in central 
cities. However, HUD was not given authority to collect data that would 
be necessary to determine compliance with the goals. 

In the Emergency Home Finance Act of 1970, Congress chartered Freddie 
Mac as a housing GSE to help mitigate business challenges facing the 
thrift industry.[Footnote 22] Increasing interest rates had undermined 
thrifts' capacity to finance long-term mortgages held in their 
portfolios.[Footnote 23] Freddie Mac was to purchase long-term 
mortgages from thrifts and thereby help stabilize the industry and 
enhance its capacity to fund additional mortgages. As a result, Freddie 
Mac was the first enterprise to develop products to facilitate 
securitization of mortgage loans. Freddie Mac was first owned by the 
Federal Home Loan Bank Board, which regulated the thrift industry. 
Freddie Mac did not become a shareholder-owned company like Fannie Mae 
until it was reorganized in 1989. While subject to HUD's general 
regulatory oversight under the 1989 legislation, Freddie Mac initially 
was not subject to the same mortgage purchase goals as Fannie Mae. 

Although both Freddie Mac and Fannie Mae were to provide a secondary 
market for conventional mortgages, they pursued markedly different 
business strategies in the 1970s and 1980s. Freddie Mac focused its 
business activities on purchasing conforming, conventional mortgages 
from thrifts and issuing MBS rather than holding mortgages in its 
portfolio. According to a Freddie Mac official, this business strategy 
was intended to help the thrift industry manage interest-rate risk by 
passing such risk to the MBS investors. In contrast, Fannie Mae 
followed its traditional business strategy by purchasing mortgages and 
holding them in its portfolio. During the early 1980s, Fannie Mae 
experienced substantial losses, as did the thrift industry, due to 
sharply rising interest rates while Freddie Mac's financial performance 
generally was unaffected. During this period, the federal government 
provided certain financial benefits to Fannie Mae, such as regulatory 
forbearance and tax benefits, to help it recover. After Freddie Mac was 
turned into a for-profit, shareholder-owned corporation in 1989, it 
began to hold more mortgages in its retained portfolio, similar to 
Fannie Mae.[Footnote 24] 

Congress Revised Enterprise Regulation in 1992 to Better Ensure Safety 
and Soundness and Help Manage the Potential Conflict between Their 
Profit Motives and Housing Missions: 

By 1992, Congress concluded that the enterprises posed potential safety 
and soundness risks, and regulations that had been in place since 1968 
were inadequate to manage such risks. Over the years, the enterprises 
had become large and complex organizations, and Fannie Mae's financial 
difficulties in the early 1980s indicated that they posed risks to 
taxpayers and financial stability. Furthermore, HUD had not fulfilled 
its statutory responsibility to monitor the enterprises' financial 
operations and risks. For example, HUD did not routinely examine the 
enterprises' financial activities or promulgate regulations necessary 
to help ensure their safe and sound operations. There was also a 
concern that the enterprises were not adequately serving the mortgage 
credit needs of low-and moderate-income borrowers and other targeted 
groups due to their potentially higher default risks. In a 1996 report, 
we noted that, in 1992, there was a perception that the enterprises' 
distribution of conventional, conforming loan funding to low-and 
moderate-income borrowers was lagging behind the primary mortgage 
market, and a Federal Reserve study was consistent with this 
perception.[Footnote 25] Moreover, HUD did not enforce the housing 
goals--which at that time applied only to Fannie Mae--or collect the 
data necessary to do so. 

In enacting the Federal Housing Enterprises Safety and Soundness Act of 
1992 (the 1992 Act), Congress fundamentally revised regulation of the 
enterprises and took steps to clarify Fannie Mae's and Freddie Mac's 
roles within the housing finance system and better define their public 
housing mission responsibilities. For example, the 1992 Act reiterated 
the enterprises' long-standing obligations to support mortgage finance 
through secondary market activities, including during stressful 
economic periods, and clarified and expanded the enterprises' charter 
obligations to facilitate the flow of mortgage credit serving targeted 
groups. Moreover, the 1992 Act set forth oversight authority and 
mechanisms to better manage potential conflicts between the 
enterprises' profit motivations and housing missions. 

* First, it established OFHEO as an independent agency in HUD 
responsible for the enterprises' safety and soundness. Among other 
things, OFHEO was given supervisory authority to establish and monitor 
compliance with minimum and risk-based capital standards and conduct 
routine safety and soundness examinations. In so doing, Congress 
established a safety and soundness regulatory framework that resembled 
the supervisory framework for insured depository institutions such as 
banks and thrifts, although OFHEO's authority was less extensive. 

* Second, the 1992 Act expanded the enterprises' previous housing 
mission responsibilities by requiring them to meet specific annual 
goals for the purchase of mortgages serving targeted groups. 
Specifically, it directed the HUD Secretary to promulgate regulations 
setting annual housing goals for both Fannie Mae and Freddie Mac for 
the purchase of mortgages serving low-and moderate-income families; 
special affordable housing for families (i.e., low-income families in 
low-income areas, and very low-income families); and housing located in 
central city, rural, and other underserved areas. The 1992 Act also 
provided HUD with the authority to collect data necessary to monitor 
the enterprises' compliance with the goals and to enforce such 
compliance. It should be noted that the enterprises' affordable housing 
goals required them to compete with other federal initiatives to 
support housing, particularly FHA's mortgage insurance programs that 
also primarily serve low-and moderate-income borrowers and first-time 
homeowners. This issue is discussed in more detail later in this 
report. 

* Third, the 1992 Act set forth HUD's regulatory authority over the 
enterprises and specified procedures that HUD must follow when 
reviewing and approving new mortgage program proposals by the 
enterprises. That is, it directed the HUD Secretary to approve any new 
program that an enterprise proposed, unless the Secretary determined 
that the program violated the enterprise's charter or would not be in 
the public interest. Additionally, the 1992 Act required the HUD 
Secretary, for a specified transition period, to reject a new program 
proposal if the Director of OFHEO determined that the proposal would 
risk a significant financial deterioration of the enterprise. 

Despite Improvements, Limitations in Oversight Continued to Affect The 
Enterprises' Safety and Soundness and Mission Compliance: 

While the 1992 Act enhanced the enterprises' regulatory structure in 
several important respects, it still had important limitations in its 
capacity to ensure the enterprises' safety and soundness and housing 
mission compliance. First, federal oversight of the enterprises and the 
FHLBank System was divided among OFHEO, HUD, and FHFB--which was the 
safety and soundness and housing mission regulator for the FHLBank 
System. However, OFHEO and FHFB were small agencies that lacked the 
resources necessary to monitor large and complex financial 
organizations from the standpoint of safety and soundness, as well as 
mission goals. Furthermore, as compared with federal bank regulators, 
both OFHEO and FHFB lacked key authorities--such as authority to take 
enforcement actions based on declining capital levels and unsound 
financial practices--that were available to federal bank regulators. 
[Footnote 26] 

Enterprise regulation also had limited capacity to address potential 
conflicts between the enterprises' profit motivations and their 
federally mandated housing missions. In particular, we noted that, due 
to the financial benefits derived from their federal charters and their 
dominant position within the mortgage finance system, the enterprises 
had financial incentives to engage in potentially profitable activities 
that were not fully consistent with their charter obligations and 
restrictions.[Footnote 27] For example, Freddie Mac, during the mid- 
1990s, had invested in nonmortgage assets, such as long-term corporate 
bonds, that potentially allowed the enterprise to earn higher returns 
based on the enterprises' funding advantage.[Footnote 28] Freddie Mac 
argued that its investments in nonmortgage assets were permissible and 
necessary to help manage the liquidity of its investment portfolio. 
Although HUD had general regulatory and new mortgage program 
authorities, it was not clear if HUD was well-positioned to assess such 
arguments or the extent to which the enterprises may have been straying 
from their charter obligations and restrictions. At that time, HUD 
officials said that they lacked staff with the expertise necessary to 
oversee large and complex financial institutions and determine if the 
enterprises' activities were consistent with their charters and housing 
finance missions. 

By retaining the enterprises' off-budget status as GSEs, the 1992 Act 
permitted a continuation of the lack of transparency about the 
enterprises' risks and potential costs to taxpayers. Under the Federal 
Credit Reform Act of 1990, the potential costs associated with many 
direct federal loan and loan guarantee programs have to be disclosed in 
the federal budget.[Footnote 29] Congress and the Executive Branch can 
use such disclosures to assess the potential costs and future risks of 
such programs and take steps on a timely basis to potentially mitigate 
such costs and risks (for example, tightening eligibility criteria). 
Despite the implied federal guarantee of their obligations, the 
government's exposure in connection with the enterprises is not 
disclosed in the federal budget because GSE activities were excluded 
from the federal budget totals.[Footnote 30] The 1992 Act did not 
change the status of the enterprises as off-budget entities. However, 
it should be noted that such financial disclosures could have involved 
an offsetting risk. Such treatment might have increased the perception 
that, despite the enterprises' statements to the contrary, the federal 
government would provide financial support to them in an emergency, 
which may have further reduced market discipline and enterprise actions 
to mitigate risks. 

Congress substantially revised the enterprises' regulatory structure 
with the passage of HERA in 2008. In HERA, Congress abolished OFHEO and 
FHFB and established FHFA as the regulator of the enterprises and the 
FHLBank System. HERA charges FHFA with responsibility for housing GSE 
safety and soundness. In this regard, HERA augments the safety and 
soundness responsibilities and authorities administered by the 
predecessor agencies. Additionally, HERA transferred responsibility for 
the enterprises' mission oversight, including their satisfaction of 
numeric goals for purchases of mortgages to low-and moderate-income 
borrowers and the review and approval of enterprise new mortgage 
programs, from HUD to FHFA. FHFA's supervisory authority over safety 
and soundness matters includes specific authority to place the housing 
GSEs into conservatorship or receivership based on grounds set forth in 
HERA. Since placing Fannie Mae and Freddie Mac into conservatorship in 
September 2008, FHFA has appointed new Chief Executive Officers and 
boards of directors at each enterprise and stands in lieu of 
shareholders in matters of corporate governance. In contrast, FHFA's 
role with respect to the FHLBank System has remained solely that of an 
independent regulator. 

The Enterprises' Performance in Achieving Key Housing Finance Support 
Objectives Has Been Mixed: 

It is generally accepted that the enterprises have been successful in 
enhancing liquidity in the mortgage finance system as directed in their 
charters. We have reported that the enterprises established a viable 
secondary mortgage market for conventional loans that enabled capital 
to flow to areas with the greatest demand for mortgage credit.[Footnote 
31] This free flow of capital tended to equalize interest rates across 
regions for mortgages with similar risk characteristics. However, the 
removal of restrictions on the ability of banks and thrifts to pay 
market rates for deposits and to operate across state lines also have 
contributed to mortgage liquidity and the establishment of an 
integrated national mortgage finance system. 

The enterprises' activities also have been credited with achieving 
other benefits consistent with their charter obligations to support 
mortgage finance, which include the following: 

* Lowering mortgage interest rates on qualifying mortgages below what 
they otherwise would be. GAO and others have stated that the 
advantageous borrowing rates that the enterprises derived from the 
implied federal guarantee on their financial obligations were passed on 
to borrowers to some degree, although estimates vary.[Footnote 32] 
However, we also have noted that these benefits were not entirely 
passed along to homebuyers. Rather, the enterprises' shareholders and 
senior management also benefited for many years from the relatively 
higher profits that the companies achieved due to cost savings 
associated with the implied guarantee. 

* Establishing standard underwriting practices and forms for 
conventional mortgages. Due to the enterprises' large purchases of 
conventional mortgages each year, their underwriting guidelines and 
forms became the industry standard. GAO and others have found that 
standardization facilitated the efficiency of the mortgage underwriting 
process and resulted in cost savings for lenders and borrowers. The 
enterprises' efforts to standardize mortgage underwriting likely also 
helped develop the MBS market, as consistent standards are viewed as 
critical for helping investors evaluate risks. 

However, the extent to which the enterprises have been able to support 
a stable and liquid secondary mortgage market during periods of 
economic stress, which are key charter and statutory obligations, is 
not clear. In 1996, we attempted to determine the extent to which the 
enterprises' activities would support mortgage finance during stressful 
economic periods by analyzing Fannie Mae's mortgage activities in some 
states, including oil producing states such as Texas and Louisiana, 
beginning in the 1980s.[Footnote 33] Specifically, we analyzed state- 
level data on Fannie Mae's market shares and housing price indexes for 
the years 1980-1994. We did not find sufficient evidence that Fannie 
Mae provided an economic cushion to mortgage markets in those states 
during the period analyzed. 

During the current financial crisis, the enterprises have provided 
critical support to mortgage finance, but only with the benefit of 
substantial financial assistance provided by Treasury and the Federal 
Reserve during the conservatorships. As shown in figure 1, the 
enterprises and Ginnie Mae accounted for nearly 60 percent of MBS 
issuances in 2006, while private-label issuances, such as MBS 
collateralized by pools of subprime and jumbo mortgages, accounted for 
nearly 40 percent. By the end of 2008, the enterprises and Ginnie Mae 
accounted for about 97 percent of MBS issuances, while private-label 
issuances stood at about 3 percent due to the collapse of many subprime 
lenders and the associated reduction in nonconforming mortgage 
origination and precipitous downturn in securitization markets. 
According to FHFA's former Director, one of the reasons that the agency 
established the conservatorships in September 2008 is that the 
financial challenges the enterprises were facing as independent 
entities compromised their capacity to support mortgage finance. For 
example, the enterprises' mortgage purchases slowed in 2008, and they 
planned to raise certain fees to help offset their losses. While the 
enterprises are now a critical component of the federal government's 
response to the housing crisis, such support would not be possible 
without Treasury's financial support and the Federal Reserve's plans to 
purchase almost $1.45 trillion of their MBS and debt obligations as 
well as those of other entities.[Footnote 34] 

Figure 1: Enterprises and Private-Label MBS Issuances, 2004-2008: 

[Refer to PDF for image: stacked vertical bar graph] 

Year: 2004; 
GSEs and Ginnie Mae: 1,375.2 million (72.1%); 
Private label: 532.7 million (27.9%). 

Year: 2005; 
GSEs and Ginnie Mae: 1,321 million (59.5%); 
Private label: 901.2 million (40.5%). 

Year: 2006; 
GSEs and Ginnie Mae: 1,214.7 million (57%); 
Private label: 917.4 million (43%). 

Year: 2007; 
GSEs and Ginnie Mae: 1,372.2 million (63.9%); 
Private label: 773.9 million (36.1%). 

Year: 2008; 
GSEs and Ginnie Mae: 1.299.2 million (97%); 
Private label: 40.5 million (3%). 

Source: GAO analysis of data from Securities Industry and Financial 
Markets Association. 

[End of figure] 

Evidence to Support Effectiveness of Enterprises' Program to Increase 
Purchases of Mortgages Serving Targeted Groups Is Limited: 

While the enterprises' numeric housing goal mortgage purchase program 
has been in place for more than 10 years, its effectiveness in 
supporting homeownership opportunities for targeted groups and areas is 
not clear. Pursuant to the 1992 Act, HUD established interim goals for 
1993 and 1994, which were extended through 1995, and final goals for 
the period from 1996 through 1999. In 1998, we found these were 
conservative goals, which placed a high priority on maintaining the 
enterprises' financial soundness.[Footnote 35] For example, according 
to research conducted by HUD and OFHEO, the additional mortgage 
purchases required under the goals were modest and would not materially 
affect the enterprises' financial condition. HUD also established 
housing goals in 2000 (covering 2001-2004) and in 2004 (covering 2005- 
2008). According to a speech by the FHA Commissioner in 2005, the 2004 
goals established significantly higher requirements than the 2000 
goals. 

According to HUD data, the enterprises generally have met the numeric 
housing goals since the beginning of the program. For example, table 3 
shows that Fannie Mae and Freddie Mac met the low-and moderate-income 
housing goals in place from 2002 through 2007. However, the enterprises 
failed to meet this goal in 2008, and, according to HUD, did not meet 
certain subgoals in 2007. 

Table 3: Enterprise Compliance with Low-and Moderate-Income Numeric 
Mortgage Purchase Goals, 2002-2008: 

Goal: 
Percentage of low-and moderate-income purchases: 2002: 50.0; 
Percentage of low-and moderate-income purchases: 2003: 50.0; 
Percentage of low-and moderate-income purchases: 2004: 50.0; 
Percentage of low-and moderate-income purchases: 2005: 52.0; 
Percentage of low-and moderate-income purchases: 2006: 53.0; 
Percentage of low-and moderate-income purchases: 2007: 55.0; 
Percentage of low-and moderate-income purchases: 2008: 56.0. 

Fannie Mae performance: 
Percentage of low-and moderate-income purchases: 2002: 51.8; 
Percentage of low-and moderate-income purchases: 2003: 52.3; 
Percentage of low-and moderate-income purchases: 2004: 53.4; 
Percentage of low-and moderate-income purchases: 2005: 55.1; 
Percentage of low-and moderate-income purchases: 2006: 56.9; 
Percentage of low-and moderate-income purchases: 2007: 55.5; 
Percentage of low-and moderate-income purchases: 2008: 53.6. 

Freddie Mac performance: 
Percentage of low-and moderate-income purchases: 2002: 50.3; 
Percentage of low-and moderate-income purchases: 2003: 51.2; 
Percentage of low-and moderate-income purchases: 2004: 51.6; 
Percentage of low-and moderate-income purchases: 2005: 54.0; 
Percentage of low-and moderate-income purchases: 2006: 55.9; 
Percentage of low-and moderate-income purchases: 2007: 56.1; 
Percentage of low-and moderate-income purchases: 2008: 51.5. 

Source: GAO. 

Note: Under the goals, in 2002 for example, half of each enterprise's 
total mortgage purchases were to serve borrowers who qualified as being 
low-and moderate-income under HUD's definition. (See GAO/GGD-98-173). 

[End of table] 

Although the enterprises generally satisfied the numeric purchase goals 
through 2007, HUD and independent researchers have had difficulty 
identifying tangible benefits for targeted groups associated with the 
enterprises' purchase program. In setting higher housing goals 
beginning in 2005, HUD stated that the intent was to encourage the 
enterprises to facilitate greater financing and homeownership 
opportunities for the groups targeted by the goals. HUD concluded that, 
although the enterprises had complied with previous goals, they 
continued to serve less of the affordable housing market than was 
served by conventional conforming primary market lenders during those 
years. Furthermore, recent research indicates that, although the 
enterprises have enhanced their product offerings to meet the housing 
goals, the effects of the housing goals on affordability and 
opportunities for target groups have been limited. For example, a 2003 
study that modeled the impacts of the housing goals found that the 
enterprises likely increased credit in specified areas in only 1 of the 
5 years included in the model.[Footnote 36] A 2006 study concluded that 
the enterprises' purchases of mortgages in certain targeted low-and 
moderate-income areas (census tracts in California during the 1990s 
with depressed housing markets) generally did not increase 
homeownership rates as compared with other low-and moderate-income 
areas that were not specifically targeted by the numeric housing goals. 
The research found only one low-income target area (in San Francisco) 
that showed improvements in homeownership rates as a result of the 
enterprises' activities.[Footnote 37] 

Another study suggested that enterprise-FHA interactions in the same 
areas may help explain why the program's benefits were limited. 
[Footnote 38] While the enterprises' numeric mortgage purchase program 
and FHA's mortgage insurance were intended to benefit similar targeted 
groups, such as low-income and minority borrowers, the study suggested 
that the programs may have offset each other. That is, as the 
enterprises increased their mortgage purchases in areas with 
concentrations of targeted groups, FHA activity declined in those 
areas. According to the study, while the relatively lower costs of 
conventional loans compared with FHA-insured loans provided benefits 
for those households able to switch to a conventional loan, this cost 
differential also permitted the enterprises to attract an increasing 
share of the most creditworthy targeted borrowers in these areas, which 
FHA had served before. In response to losing its more creditworthy 
borrowers, FHA could have retained market share by reaching for 
borrowers that represented greater credit risks and either (1) accepted 
the riskier portfolio wholesale or (2) increased premiums to insure 
itself against expected losses. However, the study concluded that FHA 
applied stricter underwriting standards and reduced its loan volume. 
Therefore, the overall impact of the two programs on promoting 
homeownership opportunities in these areas was limited. After 2002, 
both the enterprises' and FHA's market share declined in areas with 
concentrations of low-income and minority groups as subprime lending 
grew in size, which may have limited the impact of both the 
enterprises' housing goal program and FHA's mortgage insurance 
activities.[Footnote 39] 

Earlier research sponsored by HUD in 2001 largely discounted the 
alleged benefits for affordable multifamily finance resulting from the 
enterprises' numeric mortgage goals.[Footnote 40] According to the 
research, the enterprises generally did not play a leading role in 
affordable multifamily mortgage finance because their underwriting 
standards were considered conservative and fairly inflexible, compared 
with other multifamily mortgage providers. In contrast, representatives 
from mortgage finance, housing construction, and consumer groups we 
contacted said that the benefits from the enterprises' purchases of 
affordable multifamily mortgages pursuant to their goals have been 
significant. The representatives said that the enterprises' involvement 
and, in some cases, guarantees on the financing of affordable 
multifamily projects, which may be complex and involve a variety of 
government and private-sector entities, were crucial to their 
successful completion. In addition, the representatives said that the 
enterprises were the only source of funding for multifamily projects 
because many other traditional providers, such as banks and insurance 
companies, largely have withdrawn from the market during the current 
financial crisis. 

The Enterprises' Risk-management and Operational Practices Have Been 
Deficient: 

While housing finance may have derived some benefits from the 
enterprises' activities over the years, GAO, federal regulators, 
researchers, and others long have argued that the enterprises had 
financial incentives to engage in risky business practices to 
strengthen their profitability partly because of the financial benefits 
derived from the implied federal guarantee on their financial 
obligations. For example, during the late 1990s and early 2000s, we 
raised concerns about the rapid growth of the enterprises' retained 
mortgage portfolios, which reached about $1.6 trillion by 2005 (see 
figure 2). Although increasing the size of their mortgage portfolios 
may have been more profitable than issuing MBS, it also exposed the 
enterprises to significant interest-rate risk. We reported that the 
rapid increase in the enterprises' mortgage portfolios and the 
associated interest-rate risk did not result in a corresponding benefit 
to the achievement of their housing missions. For example, the rapid 
growth in the enterprises' retained mortgage portfolios in the late 
1990s, and in 2003 through 2004, occurred during periods of strong 
economic growth when mortgage markets did not necessarily require the 
enterprises to be robust portfolio lenders. 

Figure 2: Growth in Enterprises' Retained Mortgage Portfolios, 1990- 
2008: 

[Refer to PDF for image: multiple line graph] 

Year: 1990; 
Total GSE retained portfolios: 199.1 trillion; 
Fannie Mae retained portfolios: 167.5 trillion; 
Freddie Mac retained portfolios: 31.6 trillion. 

Year: 2000; 
Total GSE retained portfolios: 1,190 trillion; 
Fannie Mae retained portfolios: 728.1 trillion; 
Freddie Mac retained portfolios: 461.9 trillion. 

Year: 2001; 
Total GSE retained portfolios: 1,415.9 trillion; 
Fannie Mae retained portfolios: 826.4 trillion; 
Freddie Mac retained portfolios: 589.5 trillion. 

Year: 2002; 
Total GSE retained portfolios: 1,622.1 trillion; 
Fannie Mae retained portfolios: 943.7 trillion; 
Freddie Mac retained portfolios: 678.4 trillion. 

Year: 2003; 
Total GSE retained portfolios: 1,779.2 trillion; 
Fannie Mae retained portfolios: 1,035.5 trillion; 
Freddie Mac retained portfolios: 743.7 trillion. 

Year: 2004; 
Total GSE retained portfolios: 1,740.2 trillion; 
Fannie Mae retained portfolios: 1,012.7 trillion; 
Freddie Mac retained portfolios: 727.5 trillion. 

Year: 2005; 
Total GSE retained portfolios: 1,533 trillion; 
Fannie Mae retained portfolios: 781 trillion; 
Freddie Mac retained portfolios: 752 trillion. 

Year: 2006; 
Total GSE retained portfolios: 1,464.8 trillion; 
Fannie Mae retained portfolios: 746 trillion; 
Freddie Mac retained portfolios: 718.9 trillion. 

Year: 2007; 
Total GSE retained portfolios: 1,433.6 trillion; 
Fannie Mae retained portfolios: 723.6 trillion; 
Freddie Mac retained portfolios: 710 trillion. 

Source: OFHEO Report to Congress, April 15, 2008. 

[End of figure] 

In 2003 and 2004, OFHEO found that Freddie Mac and Fannie Mae 
manipulated accounting rules so that their public financial statements 
would show steadily increasing profits over many years and thereby 
increase their attractiveness to potential investors. The 
misapplication of accounting rules generally involved standards for 
reporting on derivatives, which the enterprises used to help manage the 
interest-rate risks associated with their large retained mortgage 
portfolios. According to investigative reports, the enterprises also 
may have manipulated their financial reports to show consistently 
increasing profits to help ensure senior executives would receive 
bonuses. OFHEO also found that the enterprises lacked key operational 
capacities, such as information systems and personnel, necessary to 
manage large mortgage portfolios and account for them correctly. The 
enterprises were required to restate their financial statements and 
adjust their earnings reports by billions of dollars. 

While the enterprises were subject to increased OFHEO scrutiny because 
of these accounting and operational deficiencies in 2004 and 2005, they 
still embarked on aggressive strategies to purchase mortgages and 
mortgage assets with questionable underwriting standards. For example, 
they purchased a large volume of what are known as Alt-A mortgages, 
which typically did not have documentation of borrowers' incomes and 
had higher loan-to-value ratio or debt-to-income ratios. Furthermore, 
as shown in figure 3, enterprise purchases of private-label MBS 
increased rapidly as a percentage of retained mortgage portfolios from 
2003 through 2006. By the end of 2007, the enterprises collectively 
held more than $313 billion in private-label MBS, of which $94.8 
billion was held by Fannie Mae and $218.9 billion held by Freddie Mac. 
According to some commenters, the 2004 increase in housing goals 
provided the enterprises with incentives to purchase mortgage assets, 
such as Alt-A mortgages and private-label MBS collateralized by 
subprime and Alt-A mortgages,that in large degree served targeted 
groups. However, former FHFA Director Lockhart stated that the 
enterprises' primary motivation in purchasing such assets was to 
restore their share of the mortgage market, which declined 
substantially from 2004 through 2007 as the "nontraditional" (for 
example, subprime) mortgage market rapidly increased in size. FHFA 
further stated that the enterprises viewed such mortgage assets as 
offering attractive risk-adjusted returns. 

Figure 3: Total Private-Label Mortgage Backed Securities as Percentage 
of the Enterprises Retained Mortgage Portfolios, 1998-2007: 

[Refer to PDF for image: multiple line graph] 

Year: 1998; 
Fannie Mae: 4.7%; 
Freddie Mac: 6.6%. 

Year: 1999; 
Fannie Mae: 6.1%; 
Freddie Mac: 9.6%. 

Year: 2000; 
Fannie Mae: 5.6%; 
Freddie Mac: 9.3%. 

Year: 2001; 
Fannie Mae: 4.1%; 
Freddie Mac: 8.4%. 

Year: 2002; 
Fannie Mae: 3.4%; 
Freddie Mac: 12%. 

Year: 2003; 
Fannie Mae: 5.1%; 
Freddie Mac: 16.2%. 

Year: 2004; 
Fannie Mae: 11.8%; 
Freddie Mac: 25%. 

Year: 2005; 
Fannie Mae: 11.8%; 
Freddie Mac: 32.6%. 

Year: 2006; 
Fannie Mae: 13.4%; 
Freddie Mac: 32.1%. 

Year: 2007; 
Fannie Mae: 13.1%; 
Freddie Mac: 30.8%. 

Source: OFHEO Report to Congress, April 15, 2008. 

[End of figure] 

According to FHFA, while these questionable mortgage assets accounted 
for less than 20 percent of the enterprises' total assets, they 
represented a disproportionate share of credit-related losses in 2007 
and 2008. For example, by the end of 2008, Fannie Mae held 
approximately $295 billion in Alt-A loans, which accounted for about 10 
percent of the total single-family mortgage book of business (mortgage 
assets held in portfolio and mortgages that served as collateral for 
MBS held by investors). Similarly, Alt-A mortgages accounted for nearly 
half of Fannie Mae's $27.1 billion in credit losses of its single- 
family guarantee book of business in 2008. At a June 2009 congressional 
hearing, Lockhart said that 60 percent of the AAA-rated, private-label 
MBS purchased by the enterprises have since been downgraded to below 
investment grade.[Footnote 41] He also stated that investor concerns 
about the extent of the enterprises' holdings of such assets and the 
potential associated losses compromised their capacity to raise needed 
capital and issue debt at acceptable rates. 

Options to Revise the Enterprises' Structures Aim to Help Ensure 
Housing Mission Achievement, While Mitigating Safety and Soundness 
Risks: 

The enterprises' mixed records in achieving their housing mission 
objectives and the losses and weaknesses that resulted in the 
conservatorships reinforce the need for Congress and the Executive 
Branch to fundamentally reevaluate the enterprises' roles, structures, 
and business activities in mortgage finance. Researchers and others 
believe that there is a range of options available to better achieve 
housing mission objectives (in some cases through other federal 
entities such as FHA), help ensure safe and sound operations, and 
minimize risks to financial stability. These options generally fall 
along a continuum with some overlap among key features and advocate (1) 
establishing a government corporation or agency, (2) reconstituting the 
enterprises as for-profit GSEs in some form, or (3) privatizing or 
terminating them (see table 4). This section discusses some of the key 
principles associated with each option and provides details on how each 
could be designed to support housing objectives. 

Table 4: Summary of Options to Revise the Enterprises' Structures: 

Potential structure: Government corporation or agency; 
Proposed function: Focus on purchasing qualifying mortgages and issuing 
MBS but eliminate mortgage portfolios, which are complex to manage and 
can result in losses due to fluctuations in interest rates. 
Responsibilities for promoting homeownership for targeted groups could 
be transferred to the FHA, which insures mortgages for low-income and 
first-time borrowers. 

Potential structure: Reestablish for-profit enterprises with government 
sponsorship; 
Proposed function: Restore the enterprises to their preconservatorship 
status but add controls to minimize risk. These controls might include 
eliminating or reducing the enterprises' mortgage portfolios or 
subjecting the enterprises to public utility-type regulation, which 
involves business activity restrictions and profitability limits, and 
establishing executive compensation limits. Convert enterprises from 
publicly-traded, shareholder-owned corporations to cooperative 
associations owned by mortgage lenders. 

Potential structure: Privatization or termination; 
Proposed function: Abolish the enterprises in their present form and 
disperse mortgage lending and risk management throughout the private 
sector. Some proposals involve the establishment of a federal mortgage 
insurer to help protect mortgage lenders against catastrophic mortgage 
losses. 

Source: GAO. 

[End of table] 

Government Corporation or Agency: 

Some proposals advocate that, after the FHFA conservatorships are 
terminated, consideration should be given to establishing a government 
corporation or agency to assume responsibility for key enterprise 
business activities.[Footnote 42] Supporters of these proposals 
maintain that the combination of the implied federal guarantee on the 
enterprises' financial obligations, and their need to respond to 
shareholder demands to maximize profitability, encouraged excessive 
risk-taking and ultimately resulted in their failures. Accordingly, 
they also believe that a government corporation or agency, which would 
not be concerned about maximizing shareholder value, would be the best 
way to ensure the availability of mortgage credit for primary lenders, 
while minimizing the risks associated with a for-profit structure with 
government sponsorship. Establishing a government corporation or agency 
also would help ensure transparency in the federal government's efforts 
through appropriate disclosures of risks and costs in the federal 
budget. 

Under one proposal, a government corporation would assume 
responsibility for purchasing conventional mortgages from primary 
lenders and issuing MBS.[Footnote 43] However, under this proposal, the 
enterprises' retained mortgage portfolios would be eliminated over time 
because of their interest-rate risk and associated safety and soundness 
concerns. Taxpayer protections would come from sound underwriting 
standards and risk-sharing arrangements with the private sector. The 
government corporation also would be required to establish financial 
and accountability requirements for lenders and institute consumer 
protection standards for borrowers as appropriate. 

While this proposal advocates the establishment of a government 
corporation to replace Fannie Mae and Freddie Mac, it states that there 
are risks associated with doing so. For example, a government 
corporation might face challenges retaining capable staff or become 
overly bureaucratic and unreceptive to market developments. 
Accordingly, the proposal includes a provision that the government 
corporation should be carefully reevaluated to ensure that it does not 
"ossify" over time. The proposal also concludes that the new government 
corporation either "sunset" (terminate) after 5 years if the market has 
stabilized or be allowed to continue under a renewable charter that 
would require periodic reviews. 

Under a second proposal, a government corporation or agency also would 
focus on issuing MBS rather than maintaining a retained mortgage 
portfolio.[Footnote 44] Borrowers would be charged actuarially based 
premiums to help offset the risks associated with the government 
corporation's or agency's activities. For example, mortgages with a 10 
percent or lower down payment would be subject to a higher premium than 
mortgages with a 20 percent down payment. The government corporation or 
agency also would focus its activities on middle-income borrowers, and 
the mortgage credit needs of targeted groups would be served by an 
expansion of FHA's mortgage insurance programs. The proposal suggests 
that specific appropriations to FHA represent a more efficient means to 
assist low-income borrowers than seeking to assist such borrowers 
through the enterprises' activities. A third proposal advocates that 
the government provide funding directly to targeted borrowers though 
down-payment assistance rather than relying on the enterprises' 
mortgage purchase program.[Footnote 45] 

For purposes of comparison, we note that Ginnie Mae is an existing 
government corporation that performs important functions in the 
secondary markets for government guaranteed and insured mortgage loans. 
Specifically, Ginnie Mae guarantees the timely payment of principal and 
interest on MBS that are collateralized by pools of mortgages that are 
insured or guaranteed by FHA, VA, PIH, and USDA/RD. However, Ginnie Mae 
does not perform functions that are envisioned for a government 
corporation or agency that might replace Fannie Mae and Freddie Mac. In 
particular, Ginnie Mae does not issue MBS, as do Fannie Mae and Freddie 
Mac. Moreover, Ginnie Mae is not responsible for monitoring the 
underwriting or the credit risk associated with the mortgages that 
collateralize the MBS pools but instead relies on FHA, VA, PIH, and 
USDA/RD to do so. 

Reconstituted GSEs: 

While many of the enterprises' critics view the for-profit GSE 
structure as precipitating the enterprises' financial crises that led 
to conservatorship, market participants and commenters, trade groups 
representing the banking and home construction industries, as well as 
community and housing advocates we contacted, believe that the for- 
profit GSE structure generally remains superior to the alternatives. 
They assert that continuing the enterprises as for-profit GSEs would 
help ensure that they would remain responsive to market developments, 
continue to produce innovations in mortgage finance, and be less 
bureaucratic than a government agency or corporation. But, they also 
generally advocate additional regulations and ownership structures to 
help offset the financial risks inherent in the for-profit GSE 
structure. 

While this option generally envisions that the enterprises would focus 
on issuing MBS, as is the case with proposals to establish government 
corporations or agencies, several proponents believe they should be 
permitted to maintain a mortgage portfolio to meet certain key 
responsibilities. For example, home construction, small bank, and 
community and housing advocates noted that the enterprises may need to 
maintain portfolios to support multifamily and rural housing finance. 
Representatives from the home building industry said that the 
enterprises generally have held the majority of their affordable 
multifamily mortgage assets in their portfolios. Fannie Mae officials 
also said that issuing MBS collateralized by multifamily mortgages can 
be difficult compared with issuing MBS collateralized by single-family 
properties for several reasons.[Footnote 46] 

A variation of this option involves breaking up the enterprises into 
multiple GSEs. For example, the Congressional Research Service (CRS) 
has stated that the enterprises could be converted into 10 or so GSEs, 
which could mitigate safety and soundness risks.[Footnote 47] That is, 
rather than having the failure of two large GSEs threaten financial 
stability, the failure of a smaller GSE likely would have a more 
limited impact on the financial system. CRS also has stated that 
creating multiple GSEs could enhance competition and benefit 
homebuyers. 

A potential regulatory action to limit the risks associated with 
reconstituting the enterprises as GSEs would be to establish executive 
compensation limits as deemed appropriate. As discussed previously, 
OFHEO investigative reports in 2003 and 2004 concluded that the 
enterprises manipulated their financial statements in part to help 
ensure that senior executives would receive bonuses. In June 2009, FHFA 
published proposed rules to implement sections of HERA that give FHFA 
authority over executive compensation at the enterprises.[Footnote 48] 

It has also been suggested that the enterprises be converted from 
publicly traded companies into cooperatives owned by lenders similar to 
the FHLBank structure. For example, one commenter suggested that, by 
having lenders assume some of the risks associated with the 
enterprises' activities, mortgage underwriting standards could be 
enhanced. A mortgage lending group stated in a recent analysis of 
options to revise the secondary mortgage markets that, under a 
cooperative structure for enterprises, lenders would need to post as 
collateral a portion of their loan-sale proceeds to cover some initial 
level of potential losses.[Footnote 49] This collateral would be 
refundable to the lenders as loans age and that rights to the 
collateral could be sold to third parties. The trade group also noted 
that while the cooperatives would determine pricing, credit standards, 
and eligibility requirements, they still would need to be subject to 
safety and soundness oversight by the federal government. However, 
representatives from a trade group that represents smaller banks said 
that it might be difficult to convince such banks to participate in a 
cooperative. They said that many smaller banks suffered substantial 
losses on the preferred stock they held in Fannie Mae and Freddie Mac 
before their conservatorships and would be very reluctant to make such 
investments in the future. 

It also has been suggested that the reconstituted enterprises be 
subject to public utility-type regulation.[Footnote 50] Traditionally, 
such regulation has been used at the federal and state level to oversee 
and control the financial performance of monopolies or near monopolies, 
such as electric, telephone, and gas companies. To help prevent 
disadvantages to ratepayers, federal and state governments 
traditionally have imposed limits on such public utilities' rate of 
return and required that their rate structures be fair and equitable. 
It has been suggested that the enterprises' historically dominant 
positions in the mortgage markets, and their cost advantages associated 
with the implied guarantee, among other advantages, potentially make 
them candidates for public utility-type regulation. 

Former Treasury Secretary Paulson advocated keeping the enterprises as 
corporations, because of the private sector's capacity to assess credit 
risk compared with government entities, with substantial government 
support but with a variety of controls on their activities. First, 
Paulson suggested that the corporations purchase mortgages with a 
credit guarantee backed by the federal government and not retain 
mortgage portfolios. Second, Paulson recommended that the corporations 
be subject to public utility-type regulation.[Footnote 51] 
Specifically, he recommended that a public utility-type commission be 
established with the authority to set appropriate targets for the 
enterprises' rate of return and review and approve underwriting 
decisions and new mortgage products. Paulson also recommended that the 
enterprises pay a fee to help offset the value of their federal support 
and thereby also provide incentives for depository institutions to fund 
mortgages, either as competitors to a newly established government 
structure or as a substitute for government funding. 

Privatization or Termination: 

Some analysts and financial commenters contend that privatizing, 
significantly reducing, or eliminating the enterprises' presence in the 
mortgage markets represents the best public policy option.[Footnote 52] 
Advocates of this proposal believe that it would result in mortgage 
decisions more closely aligned with market factors and reduce safety 
and soundness risks. That is, sources of mortgage credit and risk would 
not be concentrated in two large and complex organizations that might 
take excessive risks because of the implied federal guarantee on their 
financial obligations. Instead, mortgage credit and risk would be 
diversified throughout the financial system. Federal Reserve Chairman 
Ben S. Bernanke has suggested that privatized entities may be more 
innovative and efficient than government entities, and operate with 
less interference from political interests.[Footnote 53] 

Proposals to privatize, minimize, or eliminate the enterprises' 
presence in the mortgage markets may involve a transition period to 
mitigate any potential market disruptions and facilitate the 
development of a new mortgage finance system. For example, one proposal 
would freeze the enterprises' mortgage purchase activities, which would 
permit banks and other lenders to assume a greater role in the 
financial system.[Footnote 54] Some researchers and financial 
commenters also have suggested that private-sector entities, such as 
consortiums or cooperatives of large banks, would have a financial 
incentive to assume responsibility for key enterprise activities, such 
as purchasing mortgages and issuing MBS. 

Given the substantial financial assistance that Treasury and the 
Federal Reserve have provided to the enterprises during their 
conservatorships, it may be very difficult to credibly privatize them 
as largely intact entities. That is, the financial markets likely would 
continue to perceive that the federal government would provide 
substantial financial support to the enterprises, if privatized as 
largely intact entities, in a financial emergency. Consequently, such 
privatized entities may continue to derive financial benefits, such as 
lowered borrowing costs, resulting from the markets' perceptions. In 
exploring various options for restructuring the enterprises, Bernanke 
has noted that some privatization proposals involve breaking the 
enterprises into smaller units to eliminate the perception of federal 
guarantees. 

Bernanke also has questioned whether fully privatized enterprises would 
be able to issue MBS during highly stressful economic conditions. He 
pointed out that, during the current financial crisis, private-sector 
mortgage lending largely stopped functioning. Bernanke cited a study by 
Federal Reserve economists that advocated the creation of an insurer, 
similar to the Federal Deposit Insurance Corporation, to support 
mortgage finance under the privatization proposal.[Footnote 55] The new 
agency would offer premium-supported, government-backed insurance for 
any form of bond financing used to provide funding to mortgage markets. 

Bernanke and Paulson also have discussed using covered bonds as a 
potential means to enhance private-sector mortgage finance in the 
United States. According to Bernanke, covered bonds are debt 
obligations issued by financial institutions and secured by a pool of 
high-quality mortgages or other assets. Bernanke stated that covered 
bonds are the primary source of mortgage funding for European banks, 
with about $3 trillion outstanding. However, Bernanke concluded that 
there are a number of challenges to implementing a viable covered bond 
market in the United States. For example, as a source of financing, he 
said covered bonds generally are not competitive with financing 
provided by the FHLBanks or the enterprises, which have lower financing 
costs due to their association with the federal government. 

A Framework for Identifying and Analyzing the Trade-offs Associated 
with Options to Revise the Enterprises' Structures, and Oversight 
Structures That Might Help Ensure Their Effective Implementation: 

Each of the options to revise the enterprises' structures involves 
important trade-offs in terms of their capacity to achieve key housing 
mission and safety and soundness objectives (see table 5). This section 
examines the three options in terms of their ability to (1) provide 
ongoing liquidity and support to mortgage markets, (2) support housing 
opportunities for targeted groups, and (3) ensure safe and sound 
operations. Furthermore, it identifies potential regulatory and 
oversight structures that might help ensure that the implementation of 
any of the options achieves their intended housing mission and safety 
and soundness objectives. 

Table 5: Trade-offs Associated with Enterprise Reform Options as They 
Relate to Long-Established Enterprise Objectives and Potential 
Oversight Structures: 

Proposed Reform Option: Government corporation or agency; 
Provide liquidity and support to mortgage markets including in bad 
economic times: A government entity, with access to Treasury-issued 
debt to fund its operations, may be in a better position to provide 
liquidity to the mortgage market during normal economic periods and 
when capital markets are impaired. However, because in some cases 
investor demand for its MBS may be limited in times of financial stress 
a government entity that does not have a retained portfolio may face 
challenges supporting mortgage markets during such periods. Treasury or 
the Federal Reserve may have to purchase mortgage assets under such 
circumstances as has been the case during the current disruption in 
mortgage credit markets; 
Support housing opportunities for targeted groups: A government entity 
most likely would be expected to pursue housing opportunity programs 
for targeted groups due to its public status. However, if the 
government entity does not have a retained mortgage portfolio, it may 
face certain challenges in managing a housing goal program since some 
types of affordable loans, like multifamily loans, often are held in 
portfolio. As alternatives, fees could be assessed on the government 
entity's activities to support housing opportunities for targeted 
groups or FHA's mortgage insurance programs could be expanded; 
Ensure safe and sound operations: This model may represent less risk 
than traditionally has been the case with the enterprises' GSE 
structure and because MBS issuance is less complicated and risky than 
managing a retained mortgage portfolio. However, this business activity 
still would be more complicated than Ginnie Mae's activities and could 
result in substantial taxpayer losses if mismanaged. Furthermore, a 
government corporation could face greater challenges than private-
sector entities in obtaining the human and technological resources 
necessary to manage complex processes or lack the operational 
flexibility to do so; 
Possible elements of regulatory and oversight structure: Key elements 
for consideration include: (1) certain operational flexibilities to 
obtain appropriate staff and information technology to carry out 
responsibilities, (2) risk-sharing agreements with private lenders or 
mortgage insurers, (3) appropriate disclosures in the federal budget of 
risks and liabilities to ensure financial transparency, and (4) robust 
congressional oversight of operations. 

Proposed Reform Option: Reconstituted GSEs; 
Provide liquidity and support to mortgage markets including in bad 
economic times: The enterprises as reconstituted GSEs may provide 
liquidity and other benefits to mortgage finance during normal economic 
times as they did for many years. However, their ability to provide 
such support during stressful economic periods is questionable given 
current experience. Furthermore, with significantly reduced or 
eliminated retained mortgage portfolios, reconstituted GSEs' capacity 
to provide support to mortgage markets during periods of economic 
distress may also be limited; 
Support housing opportunities for targeted groups: Reconstituted GSEs, 
with their responsibility to maximize profits for their shareholders, 
might find it difficult to support some public policy housing 
initiatives. Moreover, without a retained mortgage portfolio, the 
reconstituted GSEs may face challenges in implementing a numeric 
housing goal purchase program. This challenge could be addressed by 
permitting a reconstituted GSE to maintain a relatively small portfolio 
or by supporting housing opportunities for targeted groups through 
assessments on its activities; 
Ensure safe and sound operations: The current financial crisis 
highlights some of the problems with the traditional GSE structure, 
including the incentive for the enterprises to increase leverage and 
maximize the size of their portfolios, creating risks to financial 
stability. Reconstituting the GSEs would combine private ownership with 
an explicit government guarantee, reestablish and perhaps strengthen 
these incentive problems, which again could lead to even greater moral 
hazard and safety and soundness concerns, as well as potentially 
increased systemic risks. Proposals to regulate GSEs like public 
utilities could, in principle, constrain excessive risk-taking, but the 
applicability of the public utility model of regulation to the 
enterprises has not been established. Moreover, FHFA has not been 
tested as an independent safety and soundness and housing mission 
regulator as the agency generally has acted as a conservator since its 
establishment in July 2008; 
Possible elements of regulatory and oversight structure: Key elements 
for consideration include: (1) reducing or perhaps eliminating retained 
mortgage portfolios as deemed appropriate depending on prioritization 
of numeric housing and safety and soundness objectives, (2) 
establishing capital standards that are commensurate with relevant 
risks, (3) developing additional regulations such as executive 
compensation limits or perhaps including public utility regulation, (4) 
requiring appropriate financial disclosures in the federal budget to 
enhance transparency, and (5) ensuring strong congressional oversight 
of the enterprises' and FHFA's performance. 

Proposed Reform Option: Privatization or termination; 
Provide liquidity and support to mortgage markets including in bad 
economic times: Privatizing or terminating the enterprises would 
eliminate many problems with the current GSE model, including the 
conflict between public policy and private shareholders. If key 
enterprise activities such as mortgage purchases and MBS issuances are 
provided by other financial institutions, liquid mortgage markets could 
be reestablished in normal economic times. There is significant reason 
to question the capacity of private banks to support mortgage markets 
in times of financial distress without government support, given the 
failure or near failure of key financial institutions and the absence 
of private-label securitization during the current financial crisis. A 
federal mortgage insurer could help such lenders to provide liquidity 
and other benefits in times of financial stress; 
Support housing opportunities for targeted groups: Privatization or 
termination would remove the traditional legislative basis, government 
sponsorship, for the enterprises to implement programs to serve the 
mortgage credit needs of targeted groups. However, the basis for such 
programs may remain if a government insurer for mortgage debt is 
established and the federal government guarantees its financial 
obligations. Furthermore, programs might be justified by Congress on 
the grounds that large lenders that assume responsibility for key 
enterprise activities or purchase their assets are viewed as "too big 
to fail" and/or benefit from implied federal guarantees on their 
financial obligations; 
Ensure safe and sound operations: The termination of the enterprises as 
GSEs and reliance on private-sector firms would leave market discipline 
and regulators of financial institutions with responsibility for 
promoting safety and soundness. However, moral hazard concerns would 
still remain if some mortgage lenders were deemed "too big to fail." 
These concerns may be heightened because the current fragmented 
financial regulatory system already faces challenges in overseeing such 
organizations. Additionally, safety and soundness concerns may remain 
if a federal entity is established to insure mortgage debt and does not 
charge appropriate premiums to offset the risks that it incurs. FHA and 
the FHLBank System may become more prominent if the enterprises were 
privatized or terminated; 
Possible elements of regulatory and oversight structure: The need for a 
new financial regulatory system, due to concerns about the current 
fragmented system, may be heightened to the extent that terminating or 
privatizing the enterprises results in larger and more complex 
financial institutions. In considering a new system, Congress should 
consider establishing clear regulatory goals, a systemwide risk focus, 
and the need to mitigate taxpayer risks. If a new federal mortgage 
insurer is established, there should be an appropriate oversight 
structure for such an entity. This structure might include appropriate 
regulations and capital standards, the disclosure of risks and 
liabilities in the federal budget, and congregational oversight. 

Source: GAO analysis of structural reform options. 

[End of table] 

Potential Trade-offs Associated with Establishing a Government 
Corporation or Agency: 

With many of its activities funded directly through Treasury debt 
issuances, a government corporation or agency (a government entity) 
could help provide liquidity to mortgage markets during good economic 
times through the purchase of large volumes of mortgages that meet 
specified underwriting criteria and issue MBS collateralized by such 
mortgages. In the process, a government entity also could help ensure 
standardization in the mortgage underwriting process. Additionally, a 
government entity might have a structural advantage over private 
entities--such as reconstituted GSEs, banks, or other private lenders--
in providing liquidity to mortgage markets during periods of economic 
stress. That is, a government entity may be able to continue to fund 
its activities through government debt issuances. In contrast, for- 
profit entities face potential conflicts in supporting mortgage finance 
during stressful economic periods because they also must be concerned 
about maintaining shareholder value, which may mean substantially 
reducing their activities or withdrawing from markets entirely as has 
occurred during the recent economic downturn. However, to the extent 
that a retained mortgage portfolio may be necessary to help respond to 
a financial crisis, a government entity without such a portfolio may 
face challenges in supporting mortgage finance, particularly if 
investor demand for its MBS were to become limited. Other federal 
entities, such as Treasury and the Federal Reserve, may have to step in 
to purchase and hold mortgage assets on their balance sheets (as has 
been the case during the current financial crisis) if such a situation 
existed. 

The absence of a retained mortgage portfolio for a government entity 
also could affect the traditional conventional, conforming mortgage 
market. Over the past 10 years, the enterprises, as discussed earlier, 
have maintained large mortgage portfolios. If this option is no longer 
available, lenders may find it more challenging to find buyers for 
these mortgages in the secondary market. It is not clear the extent to 
which a government entity could maintain the same general level of 
mortgage purchases as the enterprises if it were confined to assembling 
all such mortgages into MBS. 

Potential Capacity to Facilitate the Flow of Mortgage Credit to 
Targeted Groups: 

A government entity most likely would be expected to support 
homeownership opportunities for targeted groups given its status as a 
public organization. This option also would resolve any structural 
conflicts that the enterprises faced over the years as for-profit, 
publicly-traded, shareholder-owned corporations in supporting 
homeownership opportunities for targeted groups. A government 
corporation or agency would be a public entity without the 
responsibility to maximize shareholder value. However, if a government 
entity were not permitted to have a retained mortgage portfolio, as 
some researchers have proposed, it likely would face challenges in 
implementing a numeric mortgage purchase program similar to that of the 
enterprises. As discussed previously, the enterprises tended to hold a 
significant portion of multifamily mortgages that were purchased 
pursuant to the numeric mortgage purchase programs in their retained 
portfolios. That is because it may be difficult to convert multifamily 
mortgage assets into MBS compared with single-family mortgages. There 
might be several different ways to address this challenge. For example, 
fees or assessments could be imposed on the activities of the 
government entity, and such revenues could be used to directly support 
the construction of affordable housing or provide down payment 
assistance to targeted homebuyers. Under HERA, the enterprises were to 
pay assessments to fund a Housing Trust Fund for the purposes of 
providing grants to states to increase and preserve the supply of 
rental housing and increase homeownership for extremely low-and very 
low-income families, but FHFA has suspended this program due to the 
enterprises' financial difficulties.[Footnote 56] Alternatively, FHA 
could be expanded to assume responsibility for the enterprises' ongoing 
efforts to support homeownership opportunities as one researcher has 
suggested. However, as is discussed later, FHA's current operational 
capacity to manage a large increase in its business may be limited, 
which could increase taxpayer risks. 

Potential Safety and Soundness Concerns: 

In some respects, a government entity that focused its activities on 
purchasing mortgages and issuing MBS might pose lower safety and 
soundness risks than has been the case with the enterprises. For 
example, a government entity would not be motivated by an implied 
federal guarantee to engage in risky business practices to achieve 
profitability targets and thereby maintain shareholder value as was the 
case with the enterprises. Furthermore, if a government entity were not 
to retain a mortgage portfolio, as has been proposed, then it would be 
less complex and potentially less risky than the enterprises' current 
structure. As already discussed, the enterprises' large retained 
portfolios exposed them to significant interest-rate risk, and they 
misapplied accounting rules that governed the hedging techniques 
necessary to manage such risks. 

Nevertheless, successfully managing a large conventional mortgage 
purchase and MBS issuance business still may be a complex and 
challenging activity for a government entity, and the failure to 
adequately manage the associated risks could result in significant 
losses that could be the direct responsibility of taxpayers. For 
example, the enterprises' substantial losses in recent years have been 
credit-related (due to mortgage defaults), including substantial losses 
in their MBS guarantee business. This risk may be heightened if a 
government entity were expected to continue purchasing mortgages and 
issuing MBS during stressful economic periods when the potential for 
losses may be greater than would otherwise be the case. As discussed 
previously, Ginnie Mae provides only a limited model for the 
establishment of such a government corporation or agency. Ginnie Mae 
guarantees the timely payment of principal and interest on MBS 
collateralized by mortgages, but federal agencies insure or guarantee 
such mortgages and lenders issue the MBS. Furthermore, Ginnie Mae is 
not responsible for establishing credit underwriting standards or 
monitoring lenders' adherence to them; rather, these functions are 
carried out by FHA, VA, PIH, and USDA/RD. In contrast, a government 
entity that issued MBS collateralized by conforming mortgages as is the 
case with the enterprises would be responsible for managing credit 
risk, including setting appropriate guarantee fees to offset such risk. 
[Footnote 57] 

As described in our previous work on FHA, government entities may lack 
the financial resources necessary to attract the highly skilled 
employees needed to manage complex business activities or the 
information technology necessary to help do so.[Footnote 58] 
Furthermore, government entities sometimes are subject to laws and 
regulations that may limit their capacity to respond to market 
developments. In a range of recent reports, HUD's Office of Inspector 
General expressed concerns about whether FHA had the staffing expertise 
and information technology needed to manage the rapid increase in its 
mortgage insurance business since 2008.[Footnote 59] 

Oversight Structure That Could Help Ensure the Effective Implementation 
of a Government Corporation or Agency: 

To help ensure that a government entity could achieve its housing 
mission objectives while operating in a safe and sound manner, an 
appropriate oversight framework would need to be established. While 
such a framework would need to clearly define the roles and objectives 
of a government entity in the mortgage finance system, it would need to 
afford the entity sufficient flexibility to acquire adequate resources 
and manage its activities to fulfill its mission. The establishment of 
risk-sharing arrangements with the private sector, such as requirements 
that lenders that sell mortgages to the government entity retain some 
exposure to potential credit losses or that private mortgage insurance 
is obtained on such mortgages, could help mitigate the risk of 
potential losses. Such a government entity could be expected to reflect 
its risk and liabilities in the federal budget to help ensure financial 
transparency of its operations. Finally, robust congressional oversight 
of any such entity would be needed to help ensure that the entity was 
fulfilling its objectives. 

Potential Trade-offs Associated with Reestablishing the Enterprises as 
For-profit GSEs: 

When mortgage credit markets stabilize, the enterprises as 
reconstituted GSEs might be expected to perform functions that they 
have performed for many years, such as purchasing conventional 
mortgages, issuing MBS, and perhaps managing a relatively small 
retained mortgage portfolio under some proposals. Through such 
activities, the enterprises might be expected to provide liquidity to 
mortgage markets during good economic periods, as well as provide 
standardization to the mortgage underwriting process and certain 
technical and procedural innovations. However, as for-profit 
corporations, significant concerns remain about how well the 
reconstituted enterprises would be able to support financial markets 
during stressful economic periods without substantial financial support 
from Treasury or the Federal Reserve. 

Moreover, the reconstituted GSEs, like government corporations or 
agencies, might face challenges in their ability to support mortgage 
finance if their mortgage portfolios were substantially downsized or 
eliminated as envisioned under some proposals. For example, with 
substantially downsized or eliminated mortgage portfolios, the 
reconstituted GSEs might further limit their capacity to respond to 
financial crisis, in which case, the likelihood that Treasury or the 
Federal Reserve would need to respond by buying and holding mortgage 
assets on their balance sheets would be increased. In addition, 
substantially downsizing or eliminating the reconstituted GSEs mortgage 
portfolios could limit lenders' ability to sell conventional, 
conforming mortgages on the secondary market. Permitting the 
enterprises as reconstituted GSEs to maintain mortgage portfolios, 
albeit at lower levels than prior to their conservatorships, could help 
address these potential concerns. 

Potential Capacity to Facilitate the Flow of Mortgage Credit Serving 
Targeted Groups: 

Similarly, decisions about the size of the reconstituted GSEs' mortgage 
portfolios would likely affect their capacity to support mortgage 
purchase programs to facilitate the flow of mortgage credit to targeted 
groups. If the reconstituted GSEs' mortgage portfolios were 
substantially decreased or eliminated, then their ability to purchase 
and hold multifamily mortgages that serve targeted groups might be 
limited. On the other hand, permitting the reconstituted GSEs to 
maintain a mortgage portfolio of an appropriate size could mitigate 
this potential concern. Another consideration associated with 
establishing the enterprises as for-profit GSEs is the potential 
conflict with a requirement to facilitate the flow of mortgage credit 
serving targeted groups. Alternatives to establishing a numeric 
mortgage purchase program to support homeownership opportunities for 
targeted groups could include assessing fees on the reconstituted GSEs 
to directly fund such programs, expanding FHA's mortgage insurance 
programs, or providing direct down-payment assistance to targeted 
borrowers.[Footnote 60] 

Potential Safety and Soundness Concerns: 

Continuing the enterprises as GSEs could present significant safety and 
soundness concerns as well as systemic risks to the financial system. 
In particular, the potential that the enterprises would enjoy explicit 
federal guarantees of their financial obligations, rather than the 
implied guarantees of the past, might serve as incentives for them to 
engage in risky business practices to meet profitability objectives. 
Treasury guarantees on their financial obligations also might provide 
the enterprises with significant advantages over potential competitors. 
Furthermore, FHFA's capacity to monitor and control such potentially 
risky business practices has not been tested. Since its establishment 
in July 2008, FHFA has acted both as the enterprises' conservator and 
safety and soundness and housing mission regulator. Under the 
conservatorship, FHFA has significant control over the enterprises' 
operations. For example, the FHFA Director has appointed the 
enterprises' chief executive officers and boards of directors and can 
remove them as well. But FHFA officials said that agency staff also 
have been monitoring the enterprises' business risks. It remains to be 
seen how effectively FHFA would carry out its oversight 
responsibilities solely as an independent regulator if the enterprises 
were reconstituted as for-profit GSEs. 

While converting the enterprises into multiple GSEs could mitigate 
safety and soundness and systemic risk concerns by minimizing 
concentration risks, it also likely would involve trade-offs. For 
example, multiple GSEs, due to their potentially small size, may not be 
able to achieve economies of scale and generate certain efficiencies 
for mortgage markets as has been the case with Fannie Mae and Freddie 
Mac. As discussed earlier, the enterprises, through their secondary 
mortgage market activities, have been credited with facilitating the 
development of a liquid national mortgage market and establishing 
standardized underwriting practices for mortgage lending. 

Alternatively, converting the enterprises from their current structure 
as publicly owned corporations into cooperatives owned by the lenders 
that sell mortgages to them may offer certain advantages in terms of 
their safety and soundness. For example, as the owners of the 
enterprises, lenders may have financial incentives to ensure that the 
mortgages that they sell to the enterprises are properly underwritten 
so as to minimize potential losses that would affect the value of their 
investments. As discussed previously, Freddie Mac, as a cooperative, 
generally managed to avoid the financial problems that Fannie Mae, 
which was a publicly owned corporation, faced during the early 1980s. 
However, it should also be noted that the cooperative structure may 
also have limitations. For example, some FHLBanks, which are members of 
the cooperative FHLBank System, have faced losses recently due to their 
investments in private-label mortgage assets. 

While the public utility model of regulation has been proposed as a 
means to help mitigate the risks associated with reestablishing the 
enterprises as GSEs, this proposal involves complexities and trade- 
offs. For example, it is not clear that the public utility model is an 
appropriate regulatory structure because, unlike natural monopolies 
such as electric utilities, the enterprises have faced significant 
competition from other providers of mortgage credit over the years. For 
example, as discussed previously, the enterprises' market share 
declined substantially from 2004 through 2006 due to the rapid growth 
of the private-label MBS market. Public utility-type regulation also 
has been criticized as inefficient and many states have sought to 
deregulate their electric and other markets. Furthermore, these 
proposals may have offsetting effects on the GSEs' financial viability. 
For example, former Treasury Secretary Paulson's proposal would subject 
their credit decisions and rate of return to preapproval by a public 
utility-type board, and impose fees on them to offset any benefits 
derived from government sponsorship of their activities. It is not 
clear if an entity subject to such business activity restrictions, 
regulations, and fees, even with Treasury guarantees on its financial 
obligations, would be able to raise sufficient capital from investors 
or purchase mortgages on terms that mortgage lenders would find cost- 
effective. 

Potential Oversight Structure That Could Help Ensure the Effective 
Implementation of Reconstituted GSEs: 

A range of potential options exist for developing an appropriate 
regulatory structure to help ensure that any reconstituted GSEs would 
operate in a safe and sound manner while achieving housing mission 
objectives. For example, if maintaining safety and soundness is viewed 
as a priority over a numeric housing goal program, then eliminating 
retained mortgage portfolios may be viewed as appropriate. 
Alternatively, the retained mortgage portfolios could be substantially 
smaller and restricted to certain types of assets to help ensure safety 
and soundness while promoting housing mission achievement. Other steps 
that may be deemed appropriate could include establishing capital 
standards for the enterprises commensurate with their risk, additional 
restrictions on their activities, executive compensation limits, public 
utility regulation, appropriate financial disclosures of risks and 
liabilities in the federal budget, and strong congressional oversight 
of the enterprises' and FHFA's performance. 

Potential Trade-offs Associated with Privatizing or Terminating the 
Enterprises: 

As with the preceding two sets of options, proposals that involve the 
privatization or ultimate termination of the enterprises involve a 
number of trade-offs. For example, if a consortium of large banks 
assumed responsibility for key activities (such as mortgage purchases 
and MBS issuances) of the enterprises, during good economic times it 
might be able to provide liquidity to the mortgage finance system, help 
ensure consistency through uniform underwriting standards, and 
potentially promote innovation in mortgage finance. However, the 
ability of private lenders to provide support to mortgage markets 
during stressful economic periods is questionable. As discussed 
previously, many private-sector lenders have failed or withdrawn from 
mortgage markets during the current economic downturn. The 
establishment of a federal mortgage debt insurer, as has been proposed, 
may facilitate private lenders' capacity to support mortgage markets 
during stressful periods. 

Privatizing or terminating the enterprises also could affect the 
structure of mortgage lending that has evolved over the years. For 
example, lenders might be less willing to originate 30-year, fixed-rate 
mortgages, due to the associated interest-rate risk of holding them in 
portfolio, if any ensuing private-sector secondary market alternatives 
(such as a consortium of private-sector lenders) were less willing to 
purchase such mortgages than the enterprises had been. Additionally, 
privatization or termination could result in a relative increase in 
mortgage interest rates, because private-sector lenders might not have 
the funding advantages that the enterprises derived from their federal 
sponsorship over the years.[Footnote 61] 

Potential Capacity to Facilitate the Flow of Mortgage Credit to 
Targeted Groups: 

This option also could eliminate the traditional legislative basis for 
requiring that they facilitate the flow of mortgage credit serving 
targeted groups, particularly through the numeric mortgage purchase 
program. That is, the enterprises currently have a responsibility to 
help meet the mortgage credit needs of all potential borrowers due to 
the financial benefits associated with federal sponsorship, which would 
not be the case for private-sector lenders under the termination and 
privatization proposals. However, if new federal organizations were 
established, such as a mortgage insurer, to facilitate the transition 
to a mortgage finance system in which the enterprises no longer exist, 
then they could be required to assume responsibility for facilitating 
the flow of mortgage credit to targeted groups. For example, the 
Community Reinvestment Act's requirements that insured depositories, 
such as banks and thrifts, serve the credit needs of the communities in 
which they operate could be extended to nondepository lenders, such as 
independent mortgage lenders, which would obtain mortgage insurance 
from a new federal mortgage insurer. 

Moreover, if a consortium of large lenders or other financial 
institutions assumed responsibility for key enterprise functions (like 
MBS issuances), or purchased a substantial share of their assets, then 
requirements that such institutions serve the credit needs of targeted 
groups also might be justified. For example, such institutions could be 
perceived as benefiting from implied federal guarantees on their debt 
or being too big to fail. We note that Treasury and the Federal Reserve 
have provided direct financial assistance to a range of financial and 
other institutions during the current financial crisis, which may 
create the perception in financial markets that the federal government 
is more likely to intervene in a future crisis. 

Potential Safety and Soundness Concerns: 

The extent to which privatizing or terminating the enterprises 
mitigates current safety and soundness and financial stability risks is 
difficult to determine. Under one scenario, such risks would be 
mitigated because large and complex enterprises, which might engage in 
risky business practices due to the implied federal guarantee on their 
financial obligations, would not exist. Instead, private lenders would 
be subject to market discipline and consequently would be more likely 
to make credit decisions largely on the basis of credit risk and other 
market factors. However, this scenario would be complicated if a 
federal entity were established to insure mortgage debt. If the federal 
mortgage insurer did not set appropriate premiums to reflect the risks 
of its activities, then lenders might have incentives to engage in 
riskier business practices than otherwise would be the case. In similar 
situations, such as the National Flood Insurance Program, federal 
agencies have faced challenges in establishing appropriate premiums to 
compensate for the risks that they underwrite. If large private-sector 
financial institutions assumed responsibility for key enterprise 
activities or purchased a significant portion of their assets, the 
perception could arise that the failure of such an institution would 
involve unacceptable systemic financial risks. Therefore, markets' 
perceptions that the federal government would provide financial 
assistance to such financial institutions could undermine market 
discipline. 

Moreover, limitations in the structure of the current U.S. financial 
regulatory system could heighten concerns about the potential safety 
and soundness risks associated with large financial institutions 
assuming responsibility for key enterprise financial activities or 
becoming larger due to the purchase of their assets. In a recent 
report, we stated that the current fragmented regulatory system for 
banks, securities firms, insurance companies, and other providers 
evolved over many years and often in response to financial crises. 
[Footnote 62] We stated that the large and complex financial 
conglomerates that have emerged in the past decades often operate 
globally across financial sectors and that federal regulators have 
faced significant challenges in monitoring and overseeing their 
operations. For example, the report noted that a Federal Reserve 
official recently acknowledged that, under the current structure, which 
consists of multiple supervisory agencies, challenges can arise in 
assessing risk profiles of these institutions, particularly because of 
the growth in the use of sophisticated financial products that can 
generate risks across various legal entities. 

Privatizing or terminating the enterprises also could increase the 
relative prominence of other federal programs designed to promote 
homeownership and housing opportunities, which also may have safety and 
soundness implications. Due to the diminished presence of the 
enterprises in mortgage finance under these proposals, market 
participants, such as banks and thrifts, increasingly might turn to the 
FHLBank System as a source of funding for their operations and lending 
activities. The FHLBank System could enjoy an advantage over other 
potential competitors in filling the void left by the enterprises 
because, as a GSE benefiting from an implied guarantee, it may be able 
to issue debt to fund its activities at relatively advantageous rates. 
However, some FHLBanks have recently reported losses due to investments 
in private-label MBS. Similarly, FHA's mortgage insurance programs 
might increase if the enterprises' diminished role limits the 
availability of mortgage credit in the conforming market. 

Potential Oversight Structure That Could Help Ensure the Effective 
Implementation of Terminating or Privatizing the Enterprises: 

The development of an appropriate regulatory structure to help ensure 
housing mission achievement and safety and soundness, as deemed 
appropriate, would depend on the outcome of a range of contingencies 
associated with options to privatize or terminate the enterprises. For 
example, should Congress choose to establish a new public entity to 
insure all mortgage debt, with the federal government guaranteeing the 
insurance, then a new regulatory and oversight structure would be 
needed to oversee the operations of such an insurer. As with other 
options to reform the enterprises' structures, an appropriate structure 
for such an entity might involve a regulatory agency with authorities 
to carry out its activities and capital standards that reflect the risk 
of the entity's activities, disclosures of risks and liabilities in the 
federal budget to help ensure financial transparency, and robust 
congressional oversight. Furthermore, revisions may be necessary to 
help ensure that the U.S. financial regulatory system can better 
oversee the risks associated with large and complex financial 
institutions, which may assume responsibility for key enterprise 
activities or become larger over time through the acquisition of their 
assets. Our recent report identified a series of principles, such as 
establishing clear regulatory goals, ensuring a focus on systemwide 
financial risks, and mitigating taxpayer risks, for Congress to 
consider in deciding on the most appropriate regulatory system. 
[Footnote 63] 

Federal Efforts to Support Housing Markets during the Conservatorships 
and Certain Terms of Treasury Agreements Could Increase the Costs and 
Challenges Associated with the Transition to New Enterprise Structures: 

Since the beginning of the FHFA conservatorships, the enterprises have 
been tasked to initiate a range of programs, such as assisting 
homeowners struggling to make their mortgage payments to refinance or 
modify their mortgage terms, to respond to the current crisis in 
housing markets. These initiatives could benefit housing markets and, 
in so doing, potentially benefit the enterprises' financial condition. 
However, the initiatives also may involve additional risks and costs 
for the enterprises, which could increase the costs and challenges 
associated with transitioning to new structures over time. Similarly, 
certain provisions in the Treasury agreements with the enterprises may 
affect their long-term financial viability and complicate a transition 
to a new structure. Finally, any transition to a new structure would 
need to take into consideration the enterprises' dominant position 
within housing finance, even during the conservatorships, and, 
therefore, should be carefully implemented--perhaps in phases--to help 
ensure its success. 

The following points summarize several of the initiatives that the 
enterprises have undertaken in response to the substantial downturn in 
housing markets: 

* Under the Home Affordable Refinance Program (HARP), which was 
initiated in March 2009, borrowers that have current payment histories 
can refinance and reduce their monthly mortgage payments at loan-to-
value ratios of up to 105 percent without obtaining mortgage insurance. 
On July 1, 2009, the program was extended to apply to mortgage loans 
with loan-to-value ratios of up to 125 percent. 

* Under the Home Affordable Modification Program (HAMP), certain 
borrowers who are delinquent, or in imminent danger of default, on 
their mortgage payments may have the terms of their existing mortgages 
modified in order to make payments more affordable. Specifically, the 
program allows for interest rate reductions (down to 2 percent), term 
extension (up to 480 months), principal forbearance, and principal 
forgiveness. Under the program, the enterprises will provide up to $25 
billion in incentives to borrowers and servicers for program 
participation and a successful payment history.[Footnote 64] 

* In November 2008, the enterprises suspended the initiation of 
foreclosure proceedings on mortgages that they held in their portfolios 
or on which they had guaranteed principal and interest payments for MBS 
investors. This initiative subsequently was extended through March 31, 
2009. In March 2009, the enterprises also suspended foreclosure sales 
on mortgages that may be eligible under HAMP until borrowers' 
eligibility for HAMP has been verified. 

While these federal initiatives were designed to benefit homebuyers, in 
recent financial filings, both Freddie Mac and Fannie Mae have stated 
that the initiative to offer refinancing and loan modifications to at- 
risk borrowers could have substantial and adverse financial 
consequences for them. For example, Freddie Mac stated that the costs 
associated with large numbers of its servicers and borrowers 
participating in loan-modification programs may be substantial and 
could conflict with the objective of minimizing the costs associated 
with the conservatorships.[Footnote 65] Freddie Mac further stated that 
loss-mitigation programs, such as loan modifications, can increase 
expenses due to the costs associated with contacting eligible borrowers 
and processing loan modifications. Additionally, Freddie Mac stated 
that loan modifications involve significant concessions to borrowers 
who are behind in their mortgage payment, and that modified loans may 
return to delinquent status due to the severity of economic conditions 
affecting such borrowers. Fannie Mae also has stated that, while the 
impact of recent initiatives to assist homeowners is difficult to 
predict, the participation of large numbers of its servicers and 
borrowers could increase the enterprise's costs substantially.[Footnote 
66] According to Fannie Mae, the programs could have a materially 
adverse effect on its business, financial condition, and net worth. 

However, FHFA officials said that they strongly believe the recent 
initiatives to support the housing markets, on balance, represent the 
best means available for the enterprises to preserve their assets and 
fulfill their housing missions. For example, FHFA officials said that, 
to the extent that their initiatives are successful in stabilizing 
housing markets, the enterprises will be the major beneficiaries as the 
number of delinquent mortgages and foreclosures is reduced. FHFA 
officials also commented that recent modification programs, such as 
HAMP, are more likely to be successful than modification initiatives 
dating to 2008, which had high redefault rates. FHFA officials said 
that the more recent loan-modification initiatives were more likely to 
reduce borrowers' monthly payments. According to an FHFA report, the 
traditional approaches to loan modifications (allowing borrowers to 
bring loans current by reamortizing past due payments over the 
remaining life of the loan) increased monthly payments and, therefore, 
often resulted in high redefault rates.[Footnote 67] Furthermore, FHFA 
officials stated that recent loan-to-value ratio refinance programs 
only apply to mortgages that the enterprises already guarantee, so they 
already are exposed to the credit risks on these loans. FHFA officials 
said that such refinancings also should lower borrowers' payments and 
thereby further reduce the enterprises' existing credit exposure. 

While FHFA's positions are plausible, it is too early to reach any 
conclusion about the effects that the initiatives will have on the 
enterprises' financial condition and preliminary data raise potential 
concerns. According to a report by the Office of the Comptroller of the 
Currency (OCC) and the Office of Thrift Supervision (OTS), loan 
modifications initiated in 2008 that reduced borrowers' monthly 
payments by 20 percent or more had significantly lower redefault rates 
after 1 year than modifications that left monthly payments unchanged or 
higher.[Footnote 68] Specifically, the study found that, of the 
modifications that involved reductions of 20 percent or more, 38 
percent were 60 or more days past due after 1 year, whereas the rate 
was nearly 60 percent for modifications that left monthly payments 
unchanged or higher. However, the fact that nearly 40 percent of loan 
modifications that substantially reduced monthly payments were already 
60 or more days past due after 1 year raises concerns about whether the 
additional costs that enterprises incur in administering such programs 
will be effective. Furthermore, it is also not clear whether 
initiatives to suspend foreclosure proceedings will benefit the 
enterprises' financial condition. Our previous work has found that, for 
mortgage providers such as Fannie Mae and Freddie Mac, foreclosure 
costs may increase the longer it takes to maintain and sell foreclosed 
properties.[Footnote 69] A potential risk of suspending pending 
foreclosure sales is that many borrowers facing foreclosure will not be 
able to obtain funds necessary to make their mortgage loan payments 
current.[Footnote 70] As a result of delays in foreclosing on such 
properties, the potential exists that the properties will not be 
maintained or will become vacant, which could increase the enterprises' 
associated costs. 

Treasury's agreements with Fannie Mae and Freddie Mac, which specify 
terms under which the department is to provide certain types of 
financial support to them, also may have long-term financial 
consequences. In connection with the agreements, quarterly dividends 
declared by the enterprises are to be paid to holders of the senior 
preferred stock (Treasury). These dividends accrue at 10 percent per 
year and increase to 12 percent if, in any quarter, they are not paid 
in cash. If either enterprise cannot pay the required dividends, then 
Treasury has a claim against the assets of the enterprise for the 
unpaid balance in a liquidation proceeding. Available financial data 
suggest that the enterprises, while in conservatorship and over the 
longer term, will face significant financial challenges in paying the 
required dividends to Treasury. For example, Treasury already purchased 
$50 billion in preferred stock in Freddie Mac, which translates into an 
annual dividend of $5 billion, and CBO estimated that the department 
will invest substantially more in the enterprise's preferred shares in 
coming quarters (up to the guarantee limit of $200 billion). Prior to 
the conservatorship, Freddie Mac's reported annual net income twice 
came close to or exceeded $5 billion, and the dividends that it 
distributed to shareholders in those years likely were substantially 
lower. In addition, the agreements require that, beginning on March 31, 
2010, the enterprises pay a commitment fee to Treasury to compensate 
the department for the ongoing financial support that it is providing 
to them. While the size of the commitment fee is subject to 
negotiation, it represents another potential long-term challenge to the 
enterprises' financial viability. For example, like the dividend 
requirements, any unpaid commitment fees become a claim by Treasury 
against the assets of the enterprises in a liquidation proceeding, 
unless Treasury waives the fee. 

Although it is not possible to predict what effects federal initiatives 
to respond the housing crisis and the Treasury agreements with the 
enterprises could have on the transition to a new structure, they could 
be substantial. For example, under the proposal to reconstitute the 
enterprises as for-profit GSEs, potential investors might not be 
willing to invest their capital if the reconstituted GSEs had a 
substantial volume of nonperforming mortgage assets or substantial 
financial obligations to Treasury. To minimize this risk, the federal 
government could arrange a transition process in which the government 
would retain nonperforming assets in a "bad bank" and spin off the 
performing assets of the enterprises to a "good bank" and key 
functions, such as issuing MBS, to investors in a reconstituted GSE. 
[Footnote 71] Or, the federal government could establish such a process 
as a means to terminate or privatize the enterprises. However, to the 
extent that the enterprises engage in activities during their 
conservatorships or incur financial obligations inconsistent with 
maintaining their long-term financial viability, the level of 
nonperforming mortgage assets and long-term costs to taxpayers 
ultimately may be higher than otherwise would be the case. 

Finally, regardless of what changes are implemented, policymakers 
should pay careful attention to how a potential transition is managed 
to mitigate potential risks to the housing finance system. The 
enterprises evolved over many years to become dominant participants in 
housing finance and, in some respects, their roles have expanded during 
the conservatorships. Therefore, transitioning to a new structure could 
have significant consequences for housing finance and should be managed 
carefully and perhaps implemented in phases with periodic evaluations 
to determine if any corrective actions would be necessary. For example, 
any changes likely would require regulators and institutions to make 
system changes and undertake other activities that would take extensive 
time to complete. Our previous work also has identified other key 
issues that likely would be critical components of any transition 
process.[Footnote 72] In particular, an effective communication 
strategy would be necessary to help ensure that all mortgage market 
participants, including lenders, investors, and borrowers, have 
sufficient information to understand what changes are being made and 
how and when they will be implemented. Moreover, it will be important 
to put effective strategies in place to help ensure that, under 
whichever reform strategy is chosen, the new financial institutions and 
their regulators will have the staffing, information technology, and 
other resources necessary to carry out their missions. 

Agency Comments and Our Evaluation: 

We provided a draft of this report to FHFA, the Federal Reserve, HUD, 
and Treasury for their review and comment. While he was still the FHFA 
Director, James B. Lockhart III provided us with written comments, 
which are summarized below and reproduced in appendix II, as well as 
technical comments, which we incorporated as appropriate.[Footnote 73] 
Federal Reserve staff, HUD's Assistant Secretary for Housing-Federal 
Housing Commissioner, and Treasury also provided technical comments, 
which were incorporated as appropriate. We also provided excerpts of a 
draft of this report to seven researchers whose studies we cited to 
help ensure the accuracy of our analysis. Six of the researchers 
responded and said that the draft report accurately described their 
research, while one researcher did not respond. 

In his comment letter, Lockhart stated that the report is timely and 
does a good job of summarizing the dominant proposals for restructuring 
the enterprises and summarizing their strengths and weaknesses. 
Lockhart also stated that initial attention should be to the role of 
mortgage finance in our society and how the government wants the 
institutions and markets that supply it to function and perform. In 
particular, he said this includes determining the most appropriate 
roles for private and public entities, competition and competitiveness, 
risks and risk management, and the appropriate channels and mechanisms 
for targeting the underserviced and protecting consumers. Further, he 
identified key questions and principles that he believes should be 
included in the debate on restructuring the enterprises. These 
principles include (1) deciding what the secondary market should look 
like, before considering specific institutions; (2) ensuring that the 
enterprises or any successors have well-defined and internally 
consistent missions; (3) ensuring that there is a clear demarcation of 
the federal government and the private sector in the secondary market; 
(4) establishing a regulatory and governance structure that ensures 
prudent risk-taking; and (5) ensuring that housing finance is subject 
to systematically prudent supervision that incorporates countercyclical 
capital to limit booms and busts. 

We concur with the thrust of the view that revising the enterprises' 
structures should take place in a measured way and in the context of a 
broader assessment of the housing finance system. As discussed in our 
report, the enterprises have been key components of the housing finance 
system for many years and, therefore, any changes to their structures 
are likely to have broad implications for that system and market 
participants. In this regard, we stated that it will be important for 
Congress to reevaluate the enterprises' roles, structures, and 
performance, and consider structural reform options to facilitate 
mortgage finance while mitigating safety and soundness concerns. These 
options, under certain scenarios, envision very different approaches to 
structuring the secondary market for mortgage loans and facilitating 
housing opportunities for targeted groups, and we believe the broad 
implications of these various options need to be carefully considered 
before any final decisions are made. For this reason, our report 
addresses implications for various participants in the mortgage 
markets, including FHA. Further, we discussed that a carefully managed 
and potentially lengthy transition process needs to be established to 
help ensure the successful implementation of whatever structural reform 
option for the enterprises is chosen by Congress and the Executive 
Branch. 

Additionally, Lockhart said that FHFA, in its role as the enterprises' 
conservator, as well as their mission and safety and soundness 
regulator, is working diligently with the Treasury and Federal Reserve 
to maintain or restore safe, sound, liquid, and vibrant mortgage 
markets. He said a principal focus of FHFA's efforts has been 
facilitating the enterprises' participation in the Home Affordable 
Modification and Refinance Programs. While he said the enterprises' 
participation in these programs may result in near-term costs, he 
believes the programs will result in stronger and more stable housing 
markets, which will also benefit the enterprises. 

Finally, he made several suggestions regarding certain aspects of the 
draft report. These suggestions and our responses are described below: 

* The draft report should make clear that the structural reform options 
presented in the report are not exhaustive or mutually exclusive and 
that hybrids of these options also are possible and may prove to be the 
most appealing. We agree and, as the report notes, the options for 
revising the enterprises' long-term structures generally fall along a 
continuum with some overlap between key features. For example, as 
Lockhart noted, options for privatizing or terminating the enterprises 
may involve establishing a government entity to insure mortgages 
originated by private lenders. In addition, the government entity and 
reconstituted GSE options generally involve focusing enterprise 
activities on issuing MBS while downsizing or eliminating their 
mortgage portfolios. 

* The draft report should mention the enterprises' performance in 
providing liquidity to mortgage markets. We agree that any discussion 
of the future roles of the GSEs should include consideration of their 
roles in providing securities that support an active and liquid 
mortgage market. As the report notes, providing liquidity to mortgage 
markets has been a key housing mission objective of the enterprises and 
that, while their secondary market activities have been credited with 
helping to establish a national and liquid mortgage market, their 
performance in providing support to mortgage markets during stressful 
economic periods is not clear. 

* While the draft report's discussion of the safety and soundness 
concerns related to the government entity option is reasonably balanced 
and fair, it is short on negative details. In particular, (1) the draft 
report is organized in such a way that makes it easy for the reader to 
conclude that the safety and soundness benefits of the government 
entity option outweigh the added risks; (2) the table in the draft 
report's Highlights page states that the lack of a "profit motive" for 
a government entity may mitigate risk should be rephrased to state that 
the option "addresses the conflict between private profits and public 
sector risk bearing;" and (3) the discussion in the draft report on the 
potential elimination of the enterprises' mortgage portfolios fails to 
recognize that such an action is a component of some but not all 
proposals to reconstitute the enterprises as GSEs or to establish a 
government entity, and therefore, mentioning the benefit of doing so 
under one option (the government entity option) and not the other (the 
reconstituted GSE option) is a significant inconsistency. 

Regarding (1), we do not agree that the order of the text in the draft 
report implied that the benefits of the government entity option 
outweigh its risks. While this option offers potential safety and 
soundness advantages such as addressing deficiencies in the traditional 
enterprise structures and eliminating their mortgage portfolios, it 
also has potentially significant drawbacks, which need to be 
considered. In particular, we stated that managing the enterprises' 
ongoing MBS business may be complicated and challenging, and government 
entities may lack the resources and expertise necessary to manage such 
challenges and risks effectively. Regarding (2), we agree with the 
thrust of this comment and have modified the text in the table in the 
Highlights page to make it consistent with the related figure and text 
in the body of the report. Regarding (3), we agree that any assessment 
of the options for revising the housing enterprises' long-term 
structure should include discussion of the implications of retaining 
mortgage portfolios. As described in the report, the government entity 
options we identified advocated the elimination of the enterprises' 
portfolios. In contrast, the options we identified for reconstituting 
the enterprises as GSEs generally called for reducing the enterprises' 
portfolios while one proposal called for their complete elimination. 
The report includes analysis of the potential implications of taking 
such steps regarding the enterprises' mortgage portfolios under both 
options, as well as the possible elements of regulatory and oversight 
structures that could mitigate any potential safety and soundness and 
systemic stability risks. 

We are sending copies of this report to interested congressional 
committees and members. In addition, we are sending copies to FHFA, 
Treasury, the Federal Reserve, HUD, financial industry participants, 
and other interested parties. The report also is available at no charge 
on the GAO Web site at [hyperlink, http://www.gao.gov]. 

If you or your staff have any questions about this report, please 
contact William B. Shear at (202) 512-8678 or shearw@gao.gov or Richard 
J. Hillman at (202) 512-8678 or hillmanr@gao.gov. Contact points for 
our Offices of Congressional Relations and Public Affairs may be found 
on the last page of this report. GAO staff who made major contributions 
to this report are listed in appendix III. 

Signed by: 

Gene L. Dodaro: 
Acting Comptroller General of the United States: 

List of Committees: 

The Honorable Christopher J. Dodd: 
Chairman: 
The Honorable Richard C. Shelby: 
Ranking Member: 
Committee on Banking, Housing, and Urban Affairs: 
United States Senate: 

The Honorable Joseph I. Lieberman: 
Chairman: 
The Honorable Susan M. Collins: 
Ranking Member: 
Committee on Homeland Security and Governmental Affairs: 
United States Senate: 

The Honorable Tim Johnson: 
Chairman: 
The Honorable Mike Crapo: 
Ranking Member: 
Subcommittee on Financial Institutions: 
Committee on Banking, Housing, and Urban Affairs: 
United States Senate: 

The Honorable Robert Menendez: 
Chairman: 
The Honorable David Vitter: 
Ranking Member: 
Subcommittee on Housing, Transportation and Community Development: 
Committee on Banking, Housing, and Urban Affairs: 
United States Senate: 

The Honorable Barney Frank: 
Chairman: 
The Honorable Spencer Bachus: 
Ranking Member: 
Committee on Financial Services: 
House of Representatives: 

The Honorable Edolphus Towns: 
Chairman: 
The Honorable Darrell Issa: 
Ranking Member: 
Committee on Oversight and Government Reform: 
House of Representatives: 

The Honorable Paul E. Kanjorski: 
Chairman: 
The Honorable Scott Garrett: 
Ranking Member: 
Subcommittee on Capital Markets, Insurance and Government Sponsored 
Enterprises: 
Committee on Financial Services: 
House of Representatives: 

[End of section] 

Appendix I: Objectives, Scope, and Methodology: 

The objectives of our report were to (1) discuss how the enterprises' 
roles, structures, and activities have changed over time and their 
performance in achieving key housing mission objectives; (2) identify 
various options for revising the enterprises' eventual structure; (3) 
analyze these options in terms of their potential capacity to achieve 
key housing mission and safety and soundness objectives; and (4) 
discuss how the federal government's management of the conservatorships 
and response to the housing crisis could affect any transition. 

To address the first objective, we reviewed reports and studies on the 
enterprises and their regulation, including GAO reports, as well as 
reports from the Department of Housing and Urban Development (HUD), the 
Federal Housing Finance Agency (FHFA), the Office of Federal Housing 
Enterprise Oversight (OFHEO), the Congressional Budget Office (CBO), 
the Congressional Research Service (CRS), and independent researchers. 
We also reviewed legislative and charter documents, as well as an 
internal history of Fannie Mae, and financial performance data from a 
variety of sources. Through this research, we sought to identify key 
housing mission, safety and soundness, and other objectives that have 
been associated with the enterprises over the years, as well as their 
performance in meeting such objectives. In doing so, we identified and 
summarized recent literature that addressed the impact of the 
enterprises on affordability and opportunities for target groups. While 
GAO reviewed these studies and included those that were sufficiently 
methodologically sound for our limited purposes, users of this report 
should note that these studies are based on data prior to 2001 and 
contain limitations. Finally, we used data from the Securities Industry 
and Financial Markets Association (SIFMA) and OFHEO. As SIFMA's data on 
mortgage-related issuance were consistent with other data sources and 
highlight well-established trends in mortgage-backed securities (MBS) 
and collateralized mortgage obligation activity, we found them and the 
OFHEO data on the balance sheets of the enterprises sufficiently 
reliable for our purposes. 

To address the second objective, we reviewed a variety of studies and 
proposals that have been made prior to and during the conservatorships 
to revise the enterprises' structures. The inclusion of these studies 
and proposals is purely for research purposes and does not imply that 
we deem them definitive or without limitations. We also met with the 
authors of many of these studies and with researchers who have 
knowledge about housing finance, the operations of the enterprises, or 
who have made proposals to revise the enterprises' structures. We met 
with representatives from FHFA, the Department of the Treasury 
(Treasury), the Federal Reserve, HUD, the Government National Mortgage 
Association (Ginnie Mae), CBO, the enterprises, bank and mortgage 
organizations, and trade and community groups. These interviews 
provided us with the different viewpoints about the proposals. 

For the third objective, we analyzed the proposed options for 
restructuring the enterprises in terms of the potential each proposal 
offered to achieve key housing mission and safety and soundness 
objectives. In our analysis, we also relied on principles associated 
with effective regulatory oversight. While it is not possible to 
conclusively determine the potential implications of the various 
proposals, we grounded our analysis of likely outcomes on previous 
research and evaluations. We also sought to include, where appropriate, 
assessments of how recent developments in financial markets 
(particularly actions by federal agencies to provide financial support 
to troubled banks and other institutions) could affect the various 
options. We recognize that a variety of factors, such as the condition 
of credit markets and the financial performance of the enterprises 
while in conservatorship, could change over time and affect our 
analysis of the options. 

For the final objective, which discusses how the federal government's 
management of the conservatorships and response to the housing crisis 
could affect the transition of the enterprises to a new structure, we 
reviewed the actions undertaken by FHFA, Treasury, and the Federal 
Reserve, as authorized by the Housing Economic and Recovery Act of 
2008. We also reviewed financial data from Fannie Mae and Freddie Mac, 
including their quarterly 10Q and annual 10K filings. We reviewed and 
considered the future impact on the enterprises' financial condition 
from recent initiatives such as the Homeowner Affordability and 
Stability Act and foreclosure initiation suspensions. We also discussed 
relevant issues with Treasury and enterprise representatives. 

We conducted this performance audit from October 2008 to September 
2009, from Washington, D.C., and in accordance with generally accepted 
government auditing standards. Those standards require that we plan and 
perform the audit to obtain sufficient, appropriate evidence to provide 
a reasonable basis for our findings and conclusions based on our audit 
objectives. We believe that the evidence obtained provides a reasonable 
basis for our findings and conclusions based on our audit objectives. 

[End of section] 

Appendix II: Comments from the Federal Housing Finance Agency: 

Federal Housing Finance Agency: 
Office of the Director: 
1700 G Street, N.W. 
Washington, D.C. 20552-0003: 
202-414-3800; 202-414-3823 (fax): 

August 19, 2009: 

Mr. Wesley Phillips, Assistant Director: 
Financial Markets and Community Investment: 
Government Accountability Office: 
441 G St., NW: 
Washington, DC 20458: 

Dear Mr. Phillips: 

Thank you for the opportunity to review and comment on the GAO draft 
report entitled Fannie Mae and Freddie Mac: Analysis of Options for 
Revising the Housing Enterprises' Longterm Structures (GAO-09-782). As 
both the regulator of the housing GSEs (Fannie Mae, Freddie Mac, and 
the Federal Home Loan Bank System) and the conservator of Fannie Mae 
and Freddie Mac, the Federal Housing Finance Agency (FHFA) has a keen 
interest in the recovery of the American housing and housing finance 
sectors. FHFA appreciates the timeliness of GAO's contribution to 
understanding the choices Congress and the Administration confront with 
respect to Fannie Mac and Freddie Mac (the Enterprises). The report 
does a good job of summarizing the dominant proposals for restructuring 
the Enterprises and assessing some of their strengths and weaknesses. 

First, I hope that in focusing attention primarily on the futures of 
specific institutions, we don't put the cart before the horse. Our 
initial attention should be to the role of mortgage finance in our 
society and how we want the institutions and markets that supply it to 
function and perform. In particular, that includes determining the most 
appropriate roles for private and public sector entities, competition 
and competitiveness, risks and risk management, cyclicality, and the 
appropriate channels and mechanisms for targeting the underserviced and 
protecting consumers. In my June 3, 2009 testimony to the House 
Financial Services Committee, I posed some key questions which 
policymakers both in Congress and the executive branch must confront: 

1. How can mortgage lending, including mortgage securitization, be 
changed to better serve our society? What is the role of regulation in 
achieving that goal? 

2. How can financial institutions involved in mortgage lending and 
their supervision be reformed in order to protect overall financial 
stability better? 

3. Beyond prudential regulation and supervision, does the government 
need to perform directly any specific functions in the secondary 
mortgage market? If so, how could the government best perform any such 
functions? 

As the key questions above suggest, very important decisions have to be 
made about the future of the mortgage market and the appropriate role 
of the secondary mortgage market, including the roles of government 
regulation and programs, before we get to the future of the Enterprises 
themselves. 

I also stated in that testimony and in speeches a number of principles 
that I believe should guide decisions. Those principles include: 

1. Decide what the secondary market should look like, before 
considering specific institutions. 

2. The Enterprises or any successors should have a well-defined and 
internally consistent mission. 

3. There should be a clear demarcation of the respective roles of the 
federal government and the private sector in the secondary mortgage 
market, and any federal risk-bearing should he provided explicitly and 
at actuarial cost. 

4. Regulatory and governance structure must ensure risk-taking is 
prudent. 

5. Housing finance should be subject systemically prudent supervision 
that incorporates countercyclical capital to limit booms and busts. 

Whether Congress and the Administration adopt some or all of these 
principles, FHFA is proceeding under the authorities provided by the 
Housing and Economic Recovery Act of 2008 (HERA) to address those that 
it can. Since September 2008, FHFA is acting as both the conservator of 
Fannie Mae and Freddie Mac and the mission and safety and soundness 
regulator of all the housing GSEs. As such, FHFA is working with the 
housing GSEs, Treasury, and the Federal Reserve to maintain or restore 
safe, sound, liquid, and vibrant mortgage markets. FHFA is also working 
diligently and creatively to find ways to reduce the cyclical effects 
of our regulations and of GSE behavior on housing and housing finance 
and to integrate the public missions of the housing GSEs with 
institutional and systemic safety and soundness. 

A principal focus of our efforts has been facilitating Enterprise 
participation in the Home Affordable Modification and Refinance 
Programs (HAMP and HARP). These programs seek to both aid distressed 
homeowners and stabilize housing markets by reducing the inventory of 
houses for sale during a period of market distress. FHFA believes that, 
while the Enterprises' participation in those programs may result in 
near-term costs, they will ultimately benefit from the stronger and more
stable housing markets. 

Elsewhere, FHFA has provided you specific suggestions on the report. I 
would like to reiterate three of those comments here. 

* The options analyzed are not necessarily exhaustive or mutually 
exclusive. We should recognize that, ultimately, some hybrid of those 
options and others may prove to he the most appealing. One such 
possibility would be a market characterized by many privately owned 
issuers of MBS with the government providing insurance against 
catastrophic losses, either directly or in partnership with private 
companies. 

* In considering the performance in achieving key housing finance 
support objectives, their important role in providing securities that 
form the basis for an active and liquid TBA market for mortgage-backed 
securities (MBS) should be mentioned. 

* While, overall the discussion of the potential safety and soundness 
concerns related to the government options is reasonably balanced and 
fair, it is short on negative details. In addition, the order of the 
arguments makes it easy for a reader to conclude that the safety and 
soundness benefits outweigh the added risks. It is unclear that such a 
conclusion is supported by the evidence. Some effort should he expended 
to mitigate that misinterpretation. Finally, FHFA has a number of 
concerns about the summary table entries related to this section. In 
the first summary table at the front of the report, the phrase "may 
mitigate risk due to the lack of a profit motive" could he rephrased as 
"addresses the conflict of interest between private profits and public 
sector risk bearing." The lack of a profit motive is neither sufficient 
nor necessary to insure good risk management. In addition, "the 
elimination of existing mortgage portfolios" is a component of certain, 
but not all, proposals to reestablish the Enterprises as GSEs and 
proposals to establish a government corporation or agency. Mentioning 
the safety and soundness benefit of eliminating those portfolios under 
one set of proposals and not the other is a significant inconsistency. 

One aspect of this issue that is not directly addressed relates to the 
Enterprises' fundamental role as insurers of MBS. My own experience at 
OFHEO, Social Security, the Pension Benefit Guaranty Corporation 
(PBGC), and now FHFA, has taught me that government insurance comes 
with significant risks of moral hazard and perverse incentives. In 
addition, a key advantage of a well-managed insurance program is that 
money is charged in the form of premiums in good times to offset losses 
during future bad times. Government insurance programs, including the 
FDIC have found it difficult to charge adequate premiums, especially in 
good times. This set of issues is touched on later, in the context of 
proposals to reconstitute the GSEs, but applies to any proposals that 
implicitly or explicitly include an insurance role for the government. 

Again, we thank you for the opportunity to comment on your draft report 
and look forward to working with you and your staff in the future. 

Sincerely, 

Signed by: 

James B. Lockhart III: 
Director: 

[End of section] 

Appendix III: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

William B. Shear, (202) 512-8678, or shearw@gao.gov: 

Staff Acknowledgments: 

In addition to the individual named above, Wesley M. Phillips, 
Assistant Director; Triana Bash; Martha Chow; Lawrance Evans, Jr.; Marc 
Molino; Robert Pollard; Barbara Roesmann; Stacy Spence; Paul Thompson; 
and Barbara Williams made key contributions to this report. 

[End of section] 

Footnotes: 

[1] The Housing and Economic Recovery Act of 2008, Pub. L. No. 110-289 
(July 30, 2008), established FHFA, which is responsible for the safety 
and soundness and housing mission oversight of Fannie Mae, Freddie Mac, 
and the other housing government-sponsored enterprise, the Federal Home 
Loan Bank System. 

[2] Lockhart announced his resignation on August 6, 2009, and left FHFA 
on August 28, 2009. 

[3] On September 7, 2008, Treasury agreed to provide up to $100 billion 
in financial support to each enterprise through the purchase of their 
preferred stock so that the enterprises maintain a positive net worth. 
In February 2009, Treasury agreed to increase this commitment to $200 
billion per enterprise. Treasury also agreed to purchase the 
enterprises' mortgage-backed securities and establish a lending 
facility to meet their borrowing requirements if needed. 

[4] The CBO figure is based on its March 2009 estimate that the market 
value of the enterprises' liabilities exceeded their assets by about 
$290 billion in 2008-2009 (their existing business) and $99 billion in 
estimated federal subsidy costs for their activities between 2010-2019. 
This estimate can change from one reporting period to the next due to 
fluctuations in market values. 

[5] These Federal Reserve activities are described in more detail later 
in this report. 

[6] Congress initially chartered Fannie Mae in 1938 but did not 
establish it as a shareholder-owed corporation until 1968. Congress 
initially established Freddie Mac in 1970 as an entity within the 
FHLBank System and reestablished it as a shareholder-owned corporation 
in 1989. 

[7] For example, the enterprises typically purchased mortgages with 
loan-to-value ratios of 80 percent or less (mortgages with down 
payments of at least 20 percent) and required private mortgage 
insurance on mortgages with higher loan-to-value ratios. The 
enterprises also had a limit, known as the conforming loan limit, on 
the size of mortgages purchased by the enterprises. Mortgages above 
this limit are called jumbo mortgages. The conforming conventional 
market differs from other markets, such as the subprime market, which 
generally have differing underwriting standards, or markets where 
mortgages are insured or guaranteed by the federal government, such as 
through programs that the Federal Housing Administration or the 
Department of Veterans Affairs administers. 

[8] Each enterprise's portfolio also includes MBS that it issued. 

[9] Federal Housing Enterprises Financial Safety and Soundness Act of 
1992, Pub. L. No. 102-550, title XIII; see 12 U.S.C. §§ 4561-4564. HERA 
transferred HUD's authorities and responsibilities for the goals to 
FHFA (§§ 1122, 1128). 

[10] The enterprises' charters convey certain other benefits, such as 
exemptions from state and local income taxes. 

[11] Each enterprise's charter act specifies that its debt obligations 
and MBS are to clearly indicate that they are not guaranteed by the 
United States and do not constitute a debt or obligation of the United 
States or any U.S. agency or instrumentality other than the enterprise 
itself. 12 U.S.C. § 1719(b), (d) (Fannie Mae); 12 U.S.C. § 1455(h) 
(Freddie Mac). 

[12] Temporary authority for Treasury to provide financial support 
provided through the purchase of enterprise securities and debt 
obligations is set forth in section 1117 of HERA. 

[13] After the end of any quarter in which either Fannie Mae's or 
Freddie Mac's balance sheet reflects that total liabilities exceed 
total assets, the enterprises have 15 business days to request funds 
under the terms of the agreement. Treasury then has 60 days to provide 
the funds, as necessary, up to the maximum amount of the guarantee. 

[14] Comparing the amounts Fannie Mae and Freddie Mac have received to 
date, $34 billion and $51 billion respectively, to their income 
(adjusted to 2008 real dollars) earned during the 10-year period that 
included their highest profits reveals that Fannie Mae has received 
more than 70 percent of its 10-year earnings, and Freddie Mac has 
received more than 100 percent of its 10-year earnings. 

[15] Fannie Mae, Freddie Mac, and the FHLBanks issue securities for 
federal agency housing debt. The guaranteed MBS are those guaranteed by 
Fannie Mae, Freddie Mac, and Ginnie Mae. 

[16] Federal Home Loan Bank Act, 47 Stat. 725 (July 22, 1932). 

[17] National Housing Act, 48 Stat. 1246, 1252 (June 27, 1934). 

[18] National Housing Act Amendments of 1938, 52 Stat. 8, 23 (Feb. 3, 
1938). 

[19] 62 Stat. 1207 (July 1, 1948). 

[20] Housing Act of 1954, Pub. L. No. 68-560 (1954). 

[210] Housing and Urban Development Act of 1968, Pub. L. No. 90-448 
(1968). 

[22] Emergency Home Finance Act of 1970, Pub. L. No. 91-351, title III 
(1970). 

[23] Thrifts generally funded long-term, fixed-rate mortgages that they 
held in their portfolios with deposits, which were regulated. When 
short-term interest rates rose above levels that thrifts were permitted 
to offer to depositors, depositors sought investment alternatives, such 
as money market funds, that offered higher yields. Thus, thrifts faced 
difficulties in funding their mortgage portfolios. 

[24] Freddie Mac became a publicly held corporation under the charter 
set forth in the Financial Institutions Reform, Recovery and 
Enforcement Act of 1989, Pub. L. No. 101-73 § 731. 

[25] GAO, Housing Enterprises: Potential Impacts of Severing Government 
Sponsorship, [hyperlink, http://www.gao.gov/products/GAO/GGD-96-120] 
(Washington, D.C.: May 13, 1996) and Glenn B. Canner and Wayne 
Passmore, "Residential Lending to Low-Income and Minority Families: 
Evidence from the 1992 HMDA Data," Federal Reserve Bulletin, February 
1994, 70-108. 

[26] For a comparison of these authorities, see GAO, Comparison of 
Financial Institution Regulators' Enforcement and Prompt Corrective 
Action Authorities, [hyperlink, 
http://www.gao.gov/products/GAO-01-322R] (Washington, D.C.: Jan. 31, 
2001). 

[27] GAO, Government-Sponsored Enterprises: A Framework for 
Strengthening GSE Governance and Oversight, [hyperlink, 
http://www.gao.gov/products/GAO-04-269T] (Washington, D.C.: Feb. 10, 
2004) and GAO, Government-Sponsored Enterprises: Federal Oversight 
Needed for Nonmortgage Investments, [hyperlink, 
http://www.gao.gov/products/GAO/GGD-98-48] (Washington, D.C.: July 28, 
1998). 

[28] [hyperlink, http://www.gao.gov/products/GAO/GGD-98-48]. 

[29] Pub. L. No. 101-508, title XIII (1990). Under the act, the credit 
subsidy cost of direct loans and loan guarantees is the net present 
value of the estimated long-term cost to the government at the time the 
credit is provided of such programs, less administrative expenses. The 
act was intended to improve disclosures about the risks associated with 
government direct loans and guarantee programs and assist Congress in 
making budget decisions about such programs. 

[30] GAO, Budget Issues: Profiles of Government-Sponsored Enterprises, 
[hyperlink, http://www.gao.gov/products/GAO/AFMD-91-17] (Washington, 
D.C.: February 1991). 

[31] [hyperlink, http://www.gao.gov/products/GAO/GGD-96-120]. 

[32] In 1996, we reported on our participation in research with CBO, 
HUD, and Treasury that, among other things, included analysis on the 
degree the advantageous borrowing rates the enterprises derived from 
their government sponsorship was passed on to borrowers. We estimated 
that the benefit to homebuyers on interest rates on fixed rate single 
family mortgages below the conforming loan limits ranged from 15-35 
basis points (a basis point is equal to one one-hundredth of a 
percent). This amounted to a savings of about $10-25 on the monthly 
payments on a $100,000 mortgage balance. See GAO-96-120. More recent 
research conducted by Federal Reserve staff suggests that the savings 
to borrowers from the enterprises' activities range from 0-7 basis 
points. See Passmore, Wayne, Shane M. Sherlund, and Gilliam Burgess, 
"The Effect of Housing Government-Sponsored Enterprises on Mortgage 
Rates," Real Estate Economics, Vol. 33, Fall 2005, pp. 427-463; and 
Passmore, Wayne, Diana Hancock, Andreas Lehnert, and Shane Sherlund, 
"Federal Reserve Research on Government-Sponsored Enterprises," 
Proceedings from the 42th Annual Conference on Bank Structure and 
Competition, May 2006. 

[33] [hyperlink, http://www.gao.gov/products/GAO/GGD-96-120]. 

[34] In addition to the enterprises' MBS and debt obligations, the 
Federal Reserve's purchases include FHLBank debt obligations and Ginnie 
Mae guaranteed MBS. 

[35] GAO, Federal Housing Enterprises: HUD's Mission Oversight Needs to 
Be Strengthened, [hyperlink, 
http://www.gao.gov/products/GAO/GGD-98-173] (Washington, D.C.: July 28, 
1998). 

[36] Brent Ambrose and Thomas Thibodeau, "Have the GSE Affordable 
Housing Goals Increased the Supply of Mortgage Credit?" Regional 
Science and Urban Economics 34 (2004). 

[37] Raphael Bostic and Stuart Gabriel, "Do the GSEs Matter to Low- 
income Housing Markets? An Assessment of the Effects of GSE Loan 
Purchase Goals on California Housing Outcomes," Journal of Urban 
Economics 59 (2006). 

[38] Xudong An and Raphael Bostic, "GSE Activity, FHA Feedback, and 
Implications for the Efficacy of the Affordable Housing Goals," Journal 
of Real Estate Finance and Economics 36 (2008). 

[39] See, GAO, Federal Housing Administration: Decline in the Agency's 
Market Share Was Associated with Product and Process Developments of 
Other Mortgage Market Participants, [hyperlink, 
http://www.gao.gov/products/GAO-07-645] (Washington, D.C.: June 29, 
2007). 

[40] Abt Associates, "Study of the Multifamily Underwriting and the 
GSEs' Role in the Multifamily Market: Final Report," prepared for HUD 
(August 2001). 

[41] House Committee on Financial Services, Subcommittee on Capital 
Markets, Insurance, and Government Sponsored Enterprises, testimony of 
James B. Lockhart III, "The Present Condition and Future Status of 
Fannie Mae and Freddie Mac," 111th Cong., 2nd sess., June 3, 2009. 

[42] See, for example, Dwight M. Jaffee, "Reforming Fannie and 
Freddie," Regulation, Winter 2008-2009, 52-57, and Thomas H. Stanton, 
"Lessons from Public Administration: Recommendations for the Future of 
Fannie Mae and Freddie Mae," presented to the 45th Annual Conference on 
Bank Structure and Competition, Federal Reserve Bank of Chicago, May 7, 
2009. 

[43] Stanton, "Lessons from Public Administration." 

[44] Jaffee, "Reforming Fannie and Freddie." 

[45] Robert E. Litan and Martin N. Baily, "Fixing Finance: A Roadmap 
for Reform," Initiative on Business and Public Policy, Brookings 
Institution, Washington, D.C., February 17, 2009. 

[46] The financing of multifamily projects may not be as amenable to 
securitization, or the issuance of MBS, than single-family mortgages 
for several reasons, according to Fannie Mae. For example, Fannie Mae 
said that many multifamily loans are securitized into single-pool loans 
providing less diversification for investors. Moreover, repayment of 
loans secured by multifamily loans typically depends upon the 
successful operation of the related properties rather than the 
existence of independent income and assets of the borrowers. 
Multifamily loans are typically underwritten and structured 
individually and may have flexible features that give the borrower the 
ability to add, release, or substitute the property securing the loan 
under certain conditions. The underlying property types vary and may 
include conventional market-rate apartments, affordable housing, 
seniors housing, student housing, manufactured housing communities, and 
cooperative housing. Further, Fannie Mae said multifamily loans are 
typically structured with 10-year loan terms, but may be of varying 
lengths, some of which appeal to investors more than others. Most 
multifamily loans have prepayment provisions that require the borrower 
to pay a fee if the loan is voluntarily repaid prior to maturity. 
Prepayment provisions appeal to investors; however, loans with 
variances from the standard provisions are not as liquid because they 
provide less predictability and are more difficult for MBS investors to 
model. 

[47] CRS, Fannie Mae's and Freddie Mac's Financial Problems, RL-34661 
(Washington, D.C.:, May 20, 2009). 

[48] 74 Fed. Reg. 26989 (June 5, 2009). The proposed rules would 
provide for FHFA's imposition of limits on executive compensation and 
prior approval of termination benefits. They would supersede the OFHEO 
compensation regulation, which currently applies. 

[49] Mortgage Bankers Association, "Key Considerations for the Future 
of the Secondary Mortgage Market and the Government Sponsored 
Enterprises," Washington, D.C., January 2009. 

[50] This discussion is based on issues raised in the following: Robert 
S. Seiler, Jr., "Fannie Mae and Freddie Mac as Investor-owned Public 
Utilities," Journal of Public Budgeting, Accounting & Financial 
Management II, no. 1 (1999). 

[51] Former Treasury Secretary Henry M. Paulson, Jr., speech before the 
Economic Club of Washington, January 8, 2009. 

[52] Because privatization of the enterprises in effect would terminate 
their GSE status, we are treating termination and privatization of the 
enterprises as equivalent in this report. 

[53] Federal Reserve Chairman Ben S. Bernanke, "The Mortgage Meltdown, 
the Economy, and Public Policy" (presented at the University of 
California at Berkeley/University of California at Los Angeles 
Symposium, Berkeley, California, October 31, 2008). 

[54] Arnold Kling, "Freddie Mac and Fannie Mae: An Exit Strategy for 
the Taxpayer," Cato Institute Briefing Papers, no. 106 (Washington, 
D.C.: Sept. 8, 2008). For additional information on privatization and 
transition issues, see Peter Wallison, Thomas H. Stanton, and Bert Ely, 
Privatizing Fannie Mae, Freddie Mac, and the Federal Home Loan Banks: 
Why and How, The AEI Press (Washington, D.C.: 2004); and HUD/Policy 
Development and Research, Studies on Privatizing Fannie Mae and Freddie 
Mac (Washington, D.C.: 1996). 

[55] Diana Hancock and Wayne Passmore, "Three Mortgage Innovations for 
Enhancing the American Mortgage Market and Promoting Financial 
Stability" (The University of California at Berkeley/University of 
California Los Angeles Symposium, Berkeley, California, October 31, 
2008). 

[56] HERA amended the Federal Housing Enterprises Financial Safety and 
Soundness Act of 1992 to require Fannie Mae and Freddie Mac to set 
aside an amount each fiscal year equal to 4.2 basis points for each 
dollar of unpaid principal balance of its total new business purchases 
and transfer 65 percent of the amount to HUD to fund the Housing Trust 
Fund and 35 percent of the amount to the Capital Magnet Fund, a trust 
fund in Treasury's Community Development Financial Institutions Fund. 
(Pub. L. No. 110-289 § 1131). On June 3, 2009, the FHFA Director stated 
that FHFA suspended enterprise contributions to the Housing Trust Fund 
in light of enterprise losses and their draws on Treasury's Senior 
Preferred Stock Purchase facility. 

[57] See GAO, Housing Finance: Ginnie Mae Is Meeting Its Mission but 
Faces Challenges in a Changing Marketplace, [hyperlink, 
http://www.gao.gov/products/GAO-06-9] (Washington, D.C.: Oct. 31, 
2005). 

[58] See GAO, Federal Housing Administration: Modernization Proposals 
Would Have Program and Budget Implications and Require Continued 
Improvement in Risk Management, [hyperlink, 
http://www.gao.gov/products/GAO-07-708] (Washington, D.C.: June 29, 
2007) and GAO, Information Technology: HUD Needs to Strengthen Its 
Capacity to Manage and Modernize its IT Environment, [hyperlink, 
http://www.gao.gov/products/GAO-09-675] (Washington, D.C.: July 31, 
2009). 

[59] House Committee on Financial Services, testimony of James A. 
Heist, Assistant Inspector General for Audit, U.S. Department of 
Housing and Urban Development, 111th Cong., 2nd sess., January 9, 2009. 

[60] For example, the FHLBanks manage the Affordable Housing Program, 
which assists in the development of affordable housing for low-and 
moderate-income households, through contributions of 10 percent of 
their previous year's net earnings. 

[61] [hyperlink, http://www.gao.gov/products/GAO/GGD-96-120]. 

[62] GAO, Financial Regulation: A Framework for Crafting and Assessing 
Proposals to Modernize the Outdated U.S. Financial Regulatory System, 
[hyperlink, http://www.gao.gov/products/GAO-09-216] (Washington, D.C.: 
Jan. 8, 2009). 

[63] [hyperlink, http://www.gao.gov/products/GAO-09-216]. 

[64] Under HAMP, Treasury will provide up to $50 billion in interest- 
rate reduction and incentives to servicers, mortgage holders/investors, 
and borrowers for the modification of nonenterprise loans. 

[65] Freddie Mac, "Form 10-K: Annual Report for the Fiscal Year Ended 
December 31, 2008." 

[66] Fannie Mae, "Form 10-Q: Quarterly Report for the Quarterly Period 
Ended September 30, 2008." 

[67] Federal Housing Finance Agency, Foreclosure Prevention Report: 
First Quarter 2009 (Washington, D.C.: 2009). 

[68] OCC and OTS, "Mortgage Metrics Report, First Quarter 2009" 
(Washington, D.C.: April 2009). 

[69] GAO, Single-Family Housing: Opportunities to Improve Federal 
Foreclosure and Property Sale Processes, [hyperlink, 
http://www.gao.gov/products/GAO-02-305] (Washington, D.C.: Apr. 17, 
2002) and GAO, Department of Veterans Affairs: Actions Needed to 
Strengthen VA's Foreclosed Property Management Contractor Oversight, 
GAO-08-60 (Washington, D.C.: Nov. 15, 2007). 

[70] At the foreclosure sale, the mortgage provider, such as Fannie Mae 
or Freddie Mac, obtains title to the foreclosed property. 

[71] Such proposals generally involve the federal government 
maintaining existing guarantees on the assets in the "bad bank" as well 
as assets in the "good bank" as may be required. 

[72] See GAO, Homeland Security: Critical Design and Implementation 
Issues, [hyperlink, http://www.gao.gov/products/GAO-02-957T] 
(Washington, D.C.: July 17, 2002). 

[73] Lockhart announced his resignation on August 6, 2009, and left 
FHFA on August 28, 2009. 

[End of section] 

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