Mr. Chairman, I am very proud of the committee print of H.R. 1461, legislation designed to improve the regulatory structure of the Government Sponsored Enterprises, GSEs. I am pleased that two amendments I offered at markup are part of the…
Mr. Chairman, I am very proud of the committee print of H.R. 1461, legislation designed to improve the regulatory structure of the Government Sponsored Enterprises, GSEs. I am pleased that two amendments I offered at markup are part of the bill. One of my amendments preserves the minority component of the single family housing goals relating to underserved areas, with a major improvement in its implementation. My other amendment provides protection from liability for a GSE that makes reports to its regulator concerning transactions involving fraudulent loans or financial instruments. This provision was modeled after the protection from potential liability for such reports that banking institutions currently have under the Bank Secrecy Act.
H.R. 1461 also contains a much-needed expansion of Fannie and Freddie's affordable housing goals. The legislation directs each company to establish and manage an affordable housing fund to promote affordable housing and assist victims of Hurricane Katrina. The GSEs would devote 3.5 percent of after tax profits to the fund beginning in 2006, which increases to 5 percent annually beginning in 2007.
In 1989, in the FIRREA legislation, we created a similar Affordable Housing Program in the Federal Home Loan Bank System. The AHP requires the FHLBs to devote 10 percent of each year's net profits as grants for affordable housing projects sponsored by their member financial institutions. The AHP's success can be measured by the fact that today it constitutes the largest private source of funding for affordable housing and community development projects.
In my hometown of Chicago, the Federal Home Loan Bank of Chicago's AHP plays a key role in local efforts to address the housing needs of low- and moderate-income families by providing financial assistance for rental and owner-occupied housing, assisted living facilities, senior housing developments, homeless shelters and group homes.
In 2004 alone, the Chicago FHLB awarded $32.1 million of subsidies to 109 projects in Illinois and Wisconsin, and another 15 projects in other States. As a result, 5,680 housing units were created or rehabilitated, of which 58 percent were for very low-income households. Another $10.4 million was funded in downpayment assistance to help 2,278 families buy their first home in Illinois or Wisconsin.
While these figures are impressive, numbers do not quite tell the whole story. Let me describe one AHP project in the Humboldt Park/West Town area of Chicago to provide a better sense of the impact these programs can have in their local communities.
Joly Hernandez and Jose Rodriguez, with their children Imani and Albert, lived in Chicago's Humboldt Park/West Town community. Like many, they wanted a larger apartment, but could not afford the higher rent due the dramatic rise in the cost of housing in the area. In the 1990s, with increased recognition of Humboldt Park as an attractive, artist-friendly neighborhood and historic district, property values soared, and affordable rental housing was lost to speculators and developers of expensive luxury condos and single-family homes.
In 1994, Bickerdike Redevelopment Corporation, BRC, a nonprofit, community-based affordable housing developer and property manager began the arduous task of planning the Harold Washington Unity Cooperative to address the loss of affordable housing in the Humboldt Park/West Town area. Despite the increase of new construction and housing renovation in the area, a few pockets remained undeveloped. BRC knew that if the vacant land and neglected buildings were not immediately claimed for affordable housing, more long-time residents would be displaced.
A project was planned to develop 87 housing units in 18 buildings over 10 sites in a formerly blighted four-block area bordered by Kedzie Avenue, Albany Avenue, Chicago Avenue and Ohio Street. All 87 units in the Cooperative will remain affordable to households earning 50 percent or less of the area median income for at least 15 years.
The total cost of the project was almost $14 million. The Chicago FHLB, working through Bank One, which sponsored the project's application, provided an AHP grant of $500,000. In addition, the project received financing from CDBG funds through the City of Chicago, Trust Funds from the Illinois Housing and Development Agency, Federal Low Income Housing Tax Credits, Illinois State Tax Credits, an Empowerment Zone grant, a Tax Increment Financing, TIF, loan and first mortgage financing.
Ten years after its original conception, the Harold Washington Unity Cooperative stands as an enviable display of community pride, determination and opportunity.
Because of the hard work and dedication of BRC, Joly, Jose and their two children now live in a new home in their old neighborhood. They also belong to the Bickerdike Residents Council and feel a strong sense of community and camaraderie with their neighbors.
Extending this program to Fannie and Freddie is long overdue, has overwhelming bipartisan support, and I look forward to similar success stories once this legislation is implemented.
Those of us on the Committee have worked very hard to ensure that the fund can only be used for affordable housing purposes. It cannot be used for political advocacy or lobbying either by the receiving entity or a third party affiliated with them. It cannot be used for counseling services or tax preparation or travel expenses, administrative costs or anything that is outside of the GSE charter. It can only be used for affordable housing purposes. But apparently that was not enough for a small minority of radical conservative members, who insisted on inserting a provision restricting non-partisan civic activities by non- profits. This language would prohibit non-profit organizations (as well as any affiliate of the non-profit) from using their own funds to engage in non-partisan voter registration or get-out-the-vote activities. Profit earning entities are not similarly restricted.
Low-income housing groups and faith-based groups would be forced to choose between obtaining funding for low-income housing and using other funds to engage in non-partisan voter registration and get-out-the-vote activities. This provision is likely unconstitutional.
The manager's amendment also contains language that would require that a faith-based or social welfare non-profit entity applying for a grant must have as its sole ``primary purpose'' the provision of affordable housing. This restriction is particularly problematic for social welfare and faith-based groups, which have a broader mission than exclusively affordable housing.
These provisions are not only offensive substantively, but I have a real procedural problem with the way these provisions are being inserted in the bill. They are a part of the manager's amendment, which also contains important provisions that were worked out on a bipartisan basis, and provisions designed to help hurricane victims. The Rules Committee has unconscionably denied us an opportunity to vote to strike these offensive provisions on a stand alone basis. They did this because they knew we would win such a vote and they needed to bow to a tiny minority of conservatives who apparently have little regard for the Constitution.
Regretfully, I must oppose H.R. 1461 due to the inclusion of these provisions and the fact that we were not even allowed an opportunity to vote to strike it. I sincerely hope that these provisions are stripped in conference and, if that is the case, I look forward to enthusiastically supporting the conference report so that this otherwise excellent legislation can become law.