H.R. 3564 · 118th Congress · House

Middle Class Borrower Protection Act of 2023

In Congress· Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Introduced
May 22, 23
Passed House
Jun 23, 23
Passed Senate
Pending
Sent to President
Pending
Signed into Law
Pending

Executive Summary

Middle Class Borrower Protection Act of 2023

This bill rolls back changes made by the Federal Housing Finance Agency (FHFA) to the fees charged by Fannie Mae and Freddie Mac for a conventional single-family mortgage (i.e., loan-level pricing adjustments) and restricts future fee adjustments. These changes, effective May 1, 2023, revised the fee charts that provide percentage adjustments based on a mortgagor's credit score and down payment.

(Sec. 2) This section reinstates the fee structure that was in place prior to May 1, 2023.

(Sec. 3) Further adjustments to the fee structure by FHFA are prohibited until 90 days after the publication of a report by the Government Accountability Office (GAO) required by section 5 of the bill. After this period, FHFA must follow Administrative Procedure Act requirements when proposing adjustments to the fee structure.

This section also requires that, to the greatest extent feasible, revisions to the fee schedule must be based on risk.

(Sec. 4) FHFA, Fannie Mae, and Freddie Mac are prohibited from imposing any loan-level pricing adjustment fee that is based on the ratio of the debt of the mortgagor to the income of the mortgagor.

(Sec. 5) The GAO must report on the changes to the fees made by the FHFA.

(Sec. 7) This section extends through FY2033 the authority of Fannie Mae and Freddie Mac to charge a guarantee fee.

Previous Versions

07Jun 7, 2023

Middle Class Borrower Protection Act of 2023

This bill rolls back changes made by the Federal Housing Finance Agency (FHFA) to the fees charged by Fannie Mae and Freddie Mac for a conventional single-family mortgage (i.e., loan-level pricing adjustments) and restricts future fee adjustments. These changes, effective May 1, 2023, revised the fee charts that provide percentage adjustments based on a mortgagor's credit score and down payment.

The bill reinstates the fee structure that was in place prior to May 1, 2023.

The Government Accountability Office (GAO) must report on the changes made by the FHFA. Further adjustments to the fee structure by FHFA are prohibited until 90 days after the publication of the GAO report.

After this period, FHFA must follow Administrative Procedure Act requirements when proposing adjustments to the fee structure.

The bill also requires that, to the greatest extent feasible, revisions to the fee schedule must be based on risk.

Further, FHFA, Fannie Mae, and Freddie Mac are prohibited from imposing any loan-level pricing adjustment fee that is based on the ratio of the debt of the mortgagor to the income of the mortgagor.

00May 22, 2023

Middle Class Borrower Protection Act of 2023

This bill rolls back changes made by the Federal Housing Finance Agency (FHFA) to the fees charged by Fannie Mae and Freddie Mac for a conventional single-family mortgage (i.e., loan-level pricing adjustments) and restricts future fee adjustments. These changes, effective May 1, 2023, revised the fee charts that provide percentage adjustments based on a mortgagor's credit score and down payment.

The bill reinstates the fee structure that was in place prior to May 1, 2023.

The Government Accountability Office (GAO) must report on the changes made by the FHFA. Further adjustments to the fee structure by FHFA are prohibited until 90 days after the publication of the GAO report.

After this period, FHFA must follow Administrative Procedure Act requirements when proposing adjustments to the fee structure.

The bill also requires that, to the greatest extent feasible, revisions to the fee schedule must be based on risk.

Further, FHFA, Fannie Mae, and Freddie Mac are prohibited from imposing any loan-level pricing adjustment fee that is based on the ratio of the debt of the mortgagor to the income of the mortgagor.

Action Timeline

28
  1. JUL 10, 2023IntroReferral

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

  2. JUN 23, 2023Floor

    Considered under the provisions of rule H. Res. 524. (consideration

    CR H3115-3128; text: CR H3120)

    3115Yea
    3128Nay
    0NV
  3. JUN 23, 2023Floor

    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.

  4. JUN 23, 2023Floor

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

  5. JUN 23, 2023Floor

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

  6. JUN 23, 2023Floor

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

  7. JUN 23, 2023Floor

    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.

  8. JUN 23, 2023Floor

    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.

  9. JUN 23, 2023Floor

    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.

  10. JUN 23, 2023Floor

    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.

  11. JUN 23, 2023Floor

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

  12. JUN 23, 2023Floor

    The previous question was ordered pursuant to the rule.

  13. JUN 23, 2023Floor

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

  14. JUN 23, 2023Floor

    Mr

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

  15. JUN 23, 2023Floor

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

  16. JUN 23, 2023Floor

    On motion to recommit Failed by the Yeas and Nays

    Roll Call #288

    197 - 214 (Roll no. 288).

    197Yea
    214Nay
    0NV
  17. JUN 23, 2023Floor

    Passed/agreed to in House

    Roll Call #289

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

    230Yea
    189Nay
    0NV
  18. JUN 23, 2023Floor

    On passage Passed by the Yeas and Nays

    Roll Call #289

    230 - 189 (Roll no. 289).

    230Yea
    189Nay
    0NV
  19. JUN 23, 2023Floor

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

  20. JUN 20, 2023Floor

    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.

  21. JUN 07, 2023Committee

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

    118Yea
    103Nay
    0NV
  22. JUN 07, 2023Committee

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

    118Yea
    103Nay
    0NV
  23. JUN 07, 2023Calendars

    Placed on the Union Calendar, Calendar No. 79.

  24. MAY 24, 2023Committee

    Committee Consideration and Mark-up Session Held

  25. MAY 24, 2023Committee

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

    26Yea
    22Nay
    0NV
  26. MAY 22, 2023IntroReferral

    Introduced in House

  27. MAY 22, 2023IntroReferral

    Introduced in House

  28. MAY 22, 2023IntroReferral

    Referred to the House Committee on Financial Services.

Committees

6

Banking, Housing, and Urban Affairs Committee

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Referred: Jul 10, 2023

Active

Financial Services Committee

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Referred: Jun 23, 2023

Active

Financial Services Committee

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Referred: Jun 23, 2023

Active

Financial Services Committee

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Referred: Jun 7, 2023

Active

Financial Services Committee

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Referred: May 24, 2023

Active

Financial Services Committee

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Referred: May 22, 2023

Active