Letter of Credit Legislation to Help Communities with Economic Development, Infrastructure

Legislation introduced in Congress will help local communities raise funds for water treatment facilities, infrastructure improvements, industrial development, public healthcare facilities, fire stations, parking facilities, long-term care for the elderly, schools and other important activities.

Background

U.S. Rep. Phil English announces his sponsorship of H.R. 5177.

H.R. 5177 was introduced in the House by U.S. Rep. Phil English (R-PA), a member of the Ways and Means Committee. He was joined as an original co-sponsor by Ways and Means member Sander Levin (D-MI) and the Chairman and Ranking Member of the House Capital Markets Subcommittee U.S. Rep. Richard Baker (R-LA) and U.S. Rep. Paul Kanjorski (D-PA).

S. 3657 was introduced in the Senate by U.S. Sen. Rick Santorum (R-PA), a member of the Senate Finance Committee.

The legislation amends Section 149 of the Internal Revenue Code (IRC) to add FHLBanks to the list of GSEs that can credit-enhance tax-exempt municipal bonds. Since 1984, the IRC has permitted Fannie Mae, Freddie Mac, FHA and VA to issue these letters of credit (LOCs). In 1984, when Congress explicitly authorized LOCs by the other GSEs on tax-exempt bonds, FHLBanks did not offer LOCs. Now they do.

This amendment would allow FHLBank members to assist municipalities in lowering their funding costs for community and economic development when issuing tax-exempt bonds by providing FHLBank LOCs without triggering the loss of the bonds’ tax-exempt status.

What the experts are saying…

"FHLBank letters of credit will provide needed competition in the municipal credit enhancement market benefiting local governments and taxpayers."
- Tim Rogers, Township Manager, Shaler Township

"Many local governments are caught between the need to improve aging infrastructure and the need to keep municipal taxes reasonable. Legislation like this will be a tremendous help as municipal officials work hard to provide the best infrastructure at the best possible cost to taxpayers."
- Kendrick Buckwalter, Councilman, Phoenixville Borough

"The Federal Home Loan Banks are uniquely positioned to work within communities. Their record of accomplishment and fiscal responsibility clearly warrants favorable consideration of this legislation, which will provide an additional opportunity to lower the cost of capital for affordable housing."
- Brian Hudson, Executive Director, Pennsylvania Housing Finance Agency

"Finance mechanisms like municipal bonds are of critical importance to municipalities because they fund the building of local infrastructure, housing, hospital development projects, redevelopment of rural and urban areas and municipal utilities. Allowing Federal Home Loan Banks to provide credit enhancement on tax-exempt municipal bonds will provide local governments with a new financing tool to achieve these important projects."
- Jim Hunt, Councilman, Clarksburg, West Virginia / President, National League of Cities

"In today's stressed tax environment that exists for local municipalities and school districts, elected officials are constantly striving to provide the necessary services while minimizing the tax impact. Consequently, legislation permitting FHLBank letters of credit creates a win-win situation. It does not deteriorate the credit-worthiness of the municipality while still providing the potential of significant savings in the bond issuance and, hence, tax savings to the taxpayer."
- Vic Son, Council President, Hampton Township

“H.R. 5177 would provide an important tool for banks in Pennsylvania and across the country to use in supporting the economic development efforts of the communities they serve."
- Amy Sturges, director of Government Affairs, Pennsylvania League of Cities and Municipalities

“H.R. 5177 would potentially help school districts lower the costs for expensive school projects, such as bus purchasing and building construction."
- Pennsylvania School Boards Association

Groups that Support H.R. 5177 and S. 3657

National

  • American Bankers Association
  • America’s Community Bankers
  • Council of Federal Home Loan Banks
  • Independent Community Bankers of America
  • Mortgage Bankers Association
  • National Association of Higher Educational Facilities Authorities
  • National Association of Home Builders
  • National Council of Health Facilities Finance Authorities
  • National League of Cities
  • U.S. Conference of Mayors

State & Local

  • Builders Association of Metropolitan Pittsburgh
  • Charleston Association of Home Builders
  • Delaware Bankers Association
  • Home Builders Association of Delaware
  • Home Builders Association of North Central West Virginia
  • Home Builders Association of West Virginia
  • Pennsylvania Association of Community Bankers
  • Pennsylvania Bankers Association
  • Pennsylvania Builders Association
  • Pennsylvania Higher Education Facilities Authority
  • Pennsylvania Housing Finance Agency
  • Pennsylvania League of Municipalities
  • Philadelphia Hospitals and Higher Education Facilities Authority
  • West Virginia Association of Community Bankers
  • West Virginia Bankers Association
  • West Virginia Municipal League