H.R. 3564House118th Congress (2023-2025)Passed House

Middle Class Borrower Protection Act of 2023

Introduced May 22, 2023

AI-Generated Summary

Updated January 20, 2026 at 8:02 AM UTC

The Middle Class Borrower Protection Act of 2023 directs the Federal Housing Finance Agency (FHFA) to undo recent changes it made to the loan‑level pricing adjustments charged by Fannie Mae and Freddie Mac for single‑family mortgages, restoring the fee structure that existed before May 1 2023. It also limits FHFA’s ability to modify those fees for a set period, requires any fee changes to be based on risk, bans fees tied to debt‑to‑income ratios, and orders a GAO study of the revisions. The changes affect lenders, borrowers—especially middle‑class and first‑time homebuyers—and the government‑sponsored enterprises.

Key Provisions

  • FHFA must revert the recalibrated single‑family pricing framework to the pre‑May 1 2023 standard within 60 days of the Act’s enactment.
  • No further adjustments to that framework are allowed during the period from the revision date until 90 days after the GAO report required by Section 5 is submitted.
  • Any future adjustments to the pricing framework must follow procedures closely resembling the Administrative Procedure Act.
  • FHFA must require that any loan‑level pricing adjustment fee changes be based on the mortgage’s risk, not other factors.
  • The Director and the enterprises may not impose any loan‑level pricing adjustment fee based on a borrower’s debt‑to‑income ratio.
  • The GAO must study the FHFA’s revisions, their methodology, impact on lenders and borrowers, and effects on affordable, rural, and manufactured housing, and report within 14 months of enactment.
  • The deadline for enterprise guarantee fees is extended from October 1 2032 to October 1 2033.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

25 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

July 10, 2023

View full timeline
HouseIntro Referral

Introduced in House

May 22, 2023

HouseIntro Referral

Referred to the House Committee on Financial Services.

May 22, 2023

HouseCommittee

Committee Consideration and Mark-up Session Held

May 24, 2023

HouseCommittee

Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 26 - 22.

May 24, 2023

HouseCommittee

Reported (Amended) by the Committee on Financial Services. H. Rept. 118-103.

June 7, 2023

HouseCalendars

Placed on the Union Calendar, Calendar No. 79.

June 7, 2023

HouseFloor

Rules Committee Resolution H. Res. 524 Reported to House. Rule provides for consideration of H.R. 3564, H.R. 3799 and H. Res. 461. The resolution provides for consideration of H.R. 3564 under a structured rule with one hour of general debate; H.R. 3799 under a structured rule with eighty minutes of general debate; and H.Res. 461, under a closed rule with one hour of general debate. The resolution provides for a motion to recommit on H.R. 3564 and H.R. 3799.

June 20, 2023 • 8:24 PM

HouseFloor

Considered under the provisions of rule H. Res. 524. (consideration: CR H3115-3128; text: CR H3120)

June 23, 2023 • 9:16 AM

HouseFloor

Rule provides for consideration of H.R. 3564, H.R. 3799 and H. Res. 461. The resolution provides for consideration of H.R. 3564 under a structured rule with one hour of general debate; H.R. 3799 under a structured rule with eighty minutes of general debate; and H.Res. 461, under a closed rule with one hour of general debate. The resolution provides for a motion to recommit on H.R. 3564 and H.R. 3799.

June 23, 2023 • 9:16 AM

HouseFloor

The Speaker designated the Honorable Dan Newhouse to act as Chairman of the Committee.

June 23, 2023 • 9:16 AM

HouseFloor

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 524 and Rule XVIII.

June 23, 2023 • 9:16 AM

HouseFloor

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 3564.

June 23, 2023 • 9:17 AM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 524, the Committee of the Whole proceeded with 10 minutes of debate on the Boebert amendment No. 1.

June 23, 2023 • 10:07 AM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 524, the Committee of the Whole proceeded with 10 minutes of debate on the Lee (NV) amendment No. 2.

June 23, 2023 • 10:11 AM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 524, the Committee of the Whole proceeded with 10 minutes of debate on the Lee (NV) amendment No. 3.

June 23, 2023 • 10:17 AM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 524, the Committee of the Whole proceeded with 10 minutes of debate on the Pettersen amendment No. 4.

June 23, 2023 • 10:22 AM

HouseFloor

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3564.

June 23, 2023 • 11:05 AM

HouseFloor

The previous question was ordered pursuant to the rule.

June 23, 2023 • 11:06 AM

HouseFloor

The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.

June 23, 2023 • 11:07 AM

HouseFloor

Mr. Cleaver moved to recommit to the Committee on Financial Services. (text: CR H3127)

June 23, 2023 • 11:07 AM

HouseFloor

The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.

June 23, 2023 • 11:08 AM

HouseFloor

On motion to recommit Failed by the Yeas and Nays: 197 - 214 (Roll no. 288).

June 23, 2023 • 11:14 AM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 230 - 189 (Roll no. 289).

June 23, 2023 • 11:21 AM

HouseFloor

On passage Passed by the Yeas and Nays: 230 - 189 (Roll no. 289).

June 23, 2023 • 11:21 AM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

June 23, 2023 • 11:21 AM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

July 10, 2023

Floor Debate

24 members

What members said about H.R. 3564 on the floor

12 Republicans12 Democrats
James P. McGovern
Rep. James P. McGovernD-MA-2 · Jun 21, 2023

Mr. Speaker, I thank the gentleman from Texas for yielding me the customary 30 minutes, and I yield myself such time as I may consume. Mr. Speaker, Republicans are in charge of the House of…

Maxine Waters
Rep. Maxine WatersD-CA-43 · Jun 23, 2023

Mr. Chairman, I yield myself such time as I may consume. I rise in strong opposition to H.R. 3564, the MAGA housing scam act, which follows the blueprint of the GOP tax scam by helping the wealthy at…

Warren Davidson
Rep. Warren DavidsonR-OH-8 · Jun 23, 2023

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and submit extraneous material on the bill, H.R. 3564. Mr. Chairman, I…

Michael C. Burgess
Rep. Michael C. BurgessR-TX-26 · Jun 21, 2023

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 524 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Brittany Pettersen
Rep. Brittany PettersenD-CO-7 · Jun 23, 2023

Mr. Chair, I have an amendment at the desk made in order by the rule. Mr. Chair, I yield myself such time as I may consume. Mr. Chair, we are in the middle of a housing crisis across the U.S. and in…

Show 8 more
Susie Lee
Rep. Susie LeeD-NV-3 · Jun 23, 2023

Mr. Chair, I have an amendment at the desk made in order by the rule. Mr. Chair, I yield myself such time as I may consume. Mr. Chair, I rise today in strong support of my amendment to H.R. 3564.…

Emanuel Cleaver
Rep. Emanuel CleaverD-MO-5 · Jun 23, 2023

Mr. Chairman, I rise in opposition to H.R. 3564, the so- called Middle Class Borrowers Protection Act of 2023. The reason for my position is because this legislation does the exact opposite of what…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jun 23, 2023

Mr. Chair, I rise to speak against H.R. 3564, a harmful bill which seeks to cancel recent changes made by the Federal Housing Finance Agency (FHFA) to the single-family mortgages' framework. First,…

Patrick T. McHenry
Rep. Patrick T. McHenryR-NC-10 · Jun 23, 2023

Mr. Chairman, I thank my colleague and the chair of the Subcommittee on Housing and Insurance (Mr. Davidson) for his fine work here legislating and the great work that he has put in this Congress on…

Teresa Leger Fernandez
Rep. Teresa Leger FernandezD-NM-3 · Jun 21, 2023

Mr. Speaker, I too rise in opposition to the rule and the underlying bills. As our ranking member pointed out, these bills do nothing to solve the problems that Americans are asking us to face. For…

Eric Sorensen
Rep. Eric SorensenD-IL-17 · Jun 21, 2023

Mr. Speaker, I stand today in strong support of Social Security and the invaluable role that it plays in the lives of more than 2.2 million people in Illinois and over 150,000 of our neighbors and…

Bob Good
Rep. Bob GoodR-VA-5 · Jun 23, 2023

Mr. Chair, I thank Mr. Davidson for his leadership on trying to correct this egregious policy coming from the Biden administration. The American people are suffering today. They are suffering from…

Lauren Boebert
Rep. Lauren BoebertR-CO-3 · Jun 23, 2023

Mr. Chair, I have an amendment at the desk. Mr. Chair, I rise in favor of my amendment, which will require the Government Accountability Office to make its report on the findings and conclusions of…

Show 11 more
Nicholas A. Langworthy
Rep. Nicholas A. LangworthyR-NY-23 · Jun 21, 2023

Mr. Speaker, five counties in my district have declared a state of emergency in response to the influx of migrants since title 42 ended. These five counties didn't declare a state of emergency out of…

Debbie Lesko
Rep. Debbie LeskoR-AZ-8 · Jun 23, 2023

Mr. Chair, I thank Mr. Davidson for sponsoring this bill and allowing me to talk. The Biden administration's mortgage rule is the most recent in a long line of upside-down, absolutely crazy policies…

Stephanie I. Bice
Rep. Stephanie I. BiceR-OK-5 · Jun 23, 2023

Mr. Chairman, I thank my colleague from Ohio (Mr. Davidson) for yielding. When this news broke that the FHFA organization had passed a rule to change how this particular policy was put in place, I…

Rosa L. DeLauro
Rep. Rosa L. DeLauroD-CT-3 · Jun 23, 2023

Mr. Speaker, I was participating in a State, Foreign Relations, and Related Agencies Appropriations subcommittee markup of the proposed fiscal year 2024 spending bill. Had I been present, I would…

Norma J. Torres
Rep. Norma J. TorresD-CA-35 · Jul 3, 2023

Mr. Speaker, due to the State and Foreign Operations Subcommittee on Appropriations Markup, I missed the vote on the Motion to Recommit to H.R. 3564. Roll Call No. 288. Had I been present, I would…

Darin LaHood
Rep. Darin LaHoodR-IL-16 · Jun 23, 2023

Mr. Speaker, I had to miss votes today to travel back to Illinois for a funeral. Had I been present, I would have voted ``nay'' on rollcall No. 287, ``nay'' on rollcall No. 288, and ``yea'' on…

Harold Rogers
Rep. Harold RogersR-KY-5 · Jun 23, 2023

Mr. Speaker, due to timing issues with the State-Foreign Operations Subcommittee markup, I was unable to vote on the MTR for H.R. 3564. Had I been present, I would have voted ``nay'' on rollcall No.…

Cori Bush
Rep. Cori BushD-MO-1 · Jun 23, 2023

Mr. Speaker, I was not present during today's vote series. Had I been present, I would have voted ``yea'' on rollcall No. 287, ``yea'' on rollcall No. 288, and ``nay'' on rollcall No. 289.

Roger Williams
Rep. Roger WilliamsR-TX-25 · Jun 23, 2023

Mr. Speaker, due to a personal family matter, I was unable to be in D.C. and vote today. Had I been present, I would have voted ``yea'' on rollcall No. 289. personal explanation

Andrew Ogles
Rep. Andrew OglesR-TN-5 · Jun 23, 2023

Mr. Speaker, I was unavoidably detained. Had I been present, I would have voted ``nay'' on rollcall No. 287, ``nay'' on rollcall No. 288, and ``yea'' on rollcall No. 289.

Mikie Sherrill
Rep. Mikie SherrillD-NJ-11 · Jun 23, 2023

Mr. Chair, I missed one vote on the House Floor today. Had I been present, I would have voted ``aye'' on rollcall No. 287.

Bill Text

4 versions available

Reading Mode
Latest
Referred in SenateIssued July 10, 2023

IIB

118th CONGRESS

1st Session

H. R. 3564

IN THE SENATE OF THE UNITED STATES

July 10, 2023

Received; read twice and referred to the Committee on Banking, Housing, and Urban Affairs

AN ACT

To cancel recent changes made by the Federal Housing Finance Agency to the up-front loan level pricing adjustments charged by Fannie Mae and Freddie Mac for guarantee of single-family mortgages, and for other purposes.


1.

Short title

This Act may be cited as the Middle Class Borrower Protection Act of 2023.

2.

Repeal of recalibrated single-family pricing framework

Not later than the expiration of the 60-day period beginning on the date of the enactment of this Act, the Director of the Federal Housing Finance Agency shall revise the recalibrated single-family pricing framework charged by the enterprises for guarantee of mortgages on single-family housing so that such fees are identical to the fees of the standard single-family pricing framework in effect immediately before May 1, 2023.

3.

Restrictions on FHFA adjustments to single-family pricing framework

(a)

Temporary prohibition on further adjustments to single-family pricing framework

During the period beginning upon the date of the revision of the recalibrated single-family pricing framework pursuant to section 2 and ending 90 days after the submission to the Congress of the report required under section 5, the Director may not further revise the single-family pricing framework from such framework in effect pursuant to the revision required by section 2.

(b)

Administrative procedures for adoption of adjustments to the single-family pricing framework

After expiration of the period referred to in subsection (a), when proposing adjustments to the single-family pricing framework, the Director shall follow procedures that are as close as practicable to those requirements for a Federal agency issuing a rule under chapter 5 of title 5, United States Code (commonly referred to as the Administrative Procedure Act).

(c)

FHFA requirement for the use of risk-based pricing

Section 1367(b)(2) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4617(b)(2)) is amended by adding at the end the following new subparagraph:

(L)

Additional powers as conservator

The Agency shall, as conservator for an enterprise, to the greatest extent feasible require that any modifications, including increases, decreases, or eliminations, approved to a loan-level pricing adjustment fee, as such term is defined in section 6 of the Middle Class Borrower Protection Act of 2023, charged by an enterprise shall be based on the risk posed by the mortgage loan to the enterprise.

.

4.

Prohibition of loan-level price adjustments based on debt-to-income ratio

The Director and the enterprises shall not impose any loan-level pricing adjustment fee that is based on the ratio of the debt of the mortgagor to the income of the mortgagor.

5.

GAO study

(a)

Study

The Comptroller General of the United States shall conduct a study of the revisions made by the Federal Housing Finance Agency to the standard single-family pricing framework under the recalibrated single-family pricing framework to—

(1)

analyze—

(A)

the methodology, policy considerations, and any other objectives used by the Federal Housing Finance Agency as the basis for such revisions, including the authority cited by the Director under the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4501 et seq.) to require such revisions;

(B)

the data, econometric modeling, and other inputs supplied by the enterprises during the revisions process;

(C)

the extent to which such revisions comply with the objectives of the Enterprise Regulatory Capital Framework, including the interaction with and treatment of any private mortgage insurance required in connection with a residential mortgage transaction; and

(D)

the economic impact of such revisions on various classes of lenders and borrowers affected by such revisions;

(2)

determine the extent to which such revisions—

(A)

were conducted on the basis of, and how they might deviate from, the principle of risk-based pricing;

(B)

deviate from the data, econometric modeling, and other inputs supplied by the enterprises during the revisions process;

(C)

achieve the objectives of the Enterprise Regulatory Capital Framework, including if such revisions have resulted in either a negative profitability gap or negative rate of return on the targeted rate of return on capital for any business segment under the recalibrated single-family pricing framework;

(D)

represent any increased risks to the safety and soundness of the enterprises; and

(3)

assess the benefits that would accrue to first-time, low-income homebuyers based on the recalibrated single-family pricing framework taking effect.

(4)

assess the impacts that the recalibrated single-family pricing framework taking effect would have on affordable housing preservation, rural housing, and manufactured housing.

(b)

Report

The Comptroller General shall submit a report to the Congress setting forth the findings and conclusions of the study, and make the report publicly available online on a website of the Department, not later than the expiration of the 14-month period beginning on the date of the enactment of this Act.

6.

Definitions

In this Act:

(1)

Director

The term Director means the Director of the Federal Housing Finance Agency.

(2)

Enterprise

The term enterprise has the meaning given such term in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502).

(3)

Loan-level pricing adjustment fee

The term loan-level pricing adjustment fee means an up-front fee paid by lenders when a mortgage loan is acquired by an enterprise.

(4)

Recalibrated single-family pricing framework

The term recalibrated single-family pricing framework means the loan-level pricing adjustment fee structure as referred to in the announcement of the Federal Housing Finance Agency on January 19, 2023, relating to Updates to the Enterprises’ Single-Family Pricing Framework, and set forth in Federal National Mortgage Association Lender Letter LL-2023-01 and Federal Home Loan Mortgage Corporation Bulletin 2023-1.

(5)

Risk-based pricing

The term risk-based pricing means the calibration of fees based on the expected credit losses to an enterprise of each single-family mortgage category as defined by an enterprise based on the credit score and loan-to-value ratio characteristics of a mortgage.

(6)

Standard single-family pricing framework

The term standard single-family pricing framework means the loan-level pricing adjustment fee structure in effect on April 30, 2023.

7.

Enterprise guarantee fees

Subsection (f) of section 1327 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4547(f)) is amended by striking October 1, 2032 and inserting October 1, 2033.

Passed the House of Representatives June 23, 2023.

Cheryl L. Johnson,

Clerk.