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United States Government Accountability Office: 
GAO: 

Report to Congressional Requesters: 

September 2013: 

FHA Mortgage Insurance: 

Applicability of Industry Requirements Is Limited, but Certain 
Features Could Enhance Oversight: 

GAO-13-722: 

GAO Highlights: 

Highlights of GAO-13-722, a report to congressional requesters. 

Why GAO Did This Study: 

FHA insures private lenders against losses from defaults on single-
family mortgages that meet FHA criteria. FHA’s insured portfolio was 
more than $1 trillion at the end of fiscal year 2012. The mortgage 
insurance market also includes PMIs regulated by the states. Since 
2009, FHA’s Fund (under which FHA insures almost all its single-family 
mortgages) has not met its statutory 2 percent capital requirement. 
GAO was asked to examine the financial condition requirements that 
apply to FHA and PMIs. This report examines (1) how reserving 
practices and capital requirements for FHA’s Fund compare with those 
for PMIs, and (2) how applicable PMI practices and requirements could 
enhance Fund oversight. 

To address these objectives, GAO reviewed accounting standards, 
federal and state laws, regulations, and policies; analyzed FHA data; 
and interviewed federal officials and PMI industry officials and 
analysts. 

What GAO Found: 

Reserving practices and capital requirements for the Mutual Mortgage 
Insurance Fund (Fund) of the Federal Housing Administration (FHA) 
differ in key respects from those for private mortgage insurers (PMI). 
These differences stem from the distinct environments in which FHA and 
PMIs operate, including the particular accounting principles and 
statutory provisions that they must follow. For example, statutory 
accounting principles (developed to meet the needs of insurance 
regulators in assessing financial condition) require PMIs to establish 
several reserve components, including a reserve for estimated losses 
expected in the near term on loans that are delinquent (loss reserve). 
In contrast, generally accepted accounting principles for federal 
entities (developed to align financial statement reporting with 
federal budget requirements) require FHA to reserve for the present 
value of estimated losses for all outstanding loans net of anticipated 
revenues (liability for loan guarantees). For both FHA and PMIs, 
capital requirements are expressed as comparisons of risk to capital, 
but the calculations measure risk and capital differently. Like FHA, 
PMIs have struggled to meet their capital requirements in recent years. 

The PMI regulatory framework has limited applicability to FHA’s Fund, 
but it has certain features that could enhance Fund oversight. Some of 
the purposes and concepts underlying PMI reserving practices and 
capital requirements are not pertinent to FHA. For example, two of the 
PMI reserve components (the unearned premium reserve and the 
contingency reserve) are intended, in part, to prevent PMIs from 
reducing capital through payment of excessive dividends to 
stockholders. However, the concept of separately disclosing reserve 
components as PMIs do could be applied to the Fund. The PMI loss 
reserve and unearned premium reserve focus on the timing of specific 
cash flows—the loss reserve on near-term insurance claims for 
delinquent loans and the unearned premium reserve on insurance 
premiums as they are earned over time. In contrast, FHA’s liability 
for loan guarantees combines 30-year estimates of future claims, 
premiums, and recoveries into a single number, as required, and does 
not disclose the timing of each type of cash flow. Disclosing the 
timing of specific cash flows would help illustrate the extent to 
which estimates of claims payments, premiums, and recoveries in the 
liability for loan guarantees are concentrated in the near term or 
longer term and therefore more or less certain. Such disclosure could 
enhance congressional oversight of FHA and would be consistent with 
reporting practices of other federal programs and federal internal 
control guidance for communicating externally about an agency’s risks. 
Accountability features of the PMI regulatory framework also could be 
applied to FHA. Unlike FHA, PMIs must take certain actions for 
noncompliance with their capital requirements. These actions may 
include remediation plans to restore capital to required levels and 
additional reporting. In 2012, FHA provided Congress with a set of 
planned actions to address its capital shortfall, but had not done so 
in prior years. Producing a capital restoration plan when the capital 
ratio fell below the required level could help ensure prompt action by 
FHA. This type of requirement is contained in legislative proposals 
currently before Congress and would be consistent with requirements 
Congress has enacted for the Federal Deposit Insurance Corporation and 
certain financial institutions. 

What GAO Recommends: 

Congress should consider requiring FHA to submit a capital restoration 
plan and regular updates on implementation whenever the Fund’s capital 
ratio does not meet required levels. Also, FHA should disclose 
estimates of specific cash flows (premiums, claims, and recoveries) 
over time to provide additional perspective on the Fund’s financial 
status. FHA generally agreed with GAO’s recommendation. 

View [hyperlink, http://www.gao.gov/products/GAO-13-722]. For more 
information, contact Mathew Scirè at 202-512-8678 or sciremj@gao.gov. 

[End of section] 

Contents: 

Letter: 

Background: 

FHA and Private Insurers Follow Distinct Reserving Practices and 
Capital Requirements: 

Features of the Regulatory Framework for Private Insurers Could 
Enhance Oversight of FHA: 

Conclusions: 

Matter for Congressional Consideration: 

Recommendation for Executive Action: 

Agency Comments and Our Evaluation: 

Appendix I: Objectives, Scope, and Methodology: 

Appendix II: Comments from the Department of Housing and Urban 
Development: 

Appendix III: GAO Contact and Staff Acknowledgments: 

Tables: 

Table 1: Calculations for FHA and PMI Reserves for Financial 
Accounting Purposes: 

Table 2: Capital Requirements for FHA and PMIs: 

Figures: 

Figure 1: Budget Accounting for FHA's Mutual Mortgage Insurance Fund: 

Figure 2: FHA's Share of Loan Originations, 2001-2012: 

Figure 3: FHA Capital Ratio, Fiscal Years 2001-2012: 

Figure 4: Risk-to-Capital Ratios of Selected PMIs, 2001-2012: 

Abbreviations: 

FASAB: Federal Accounting Standards Advisory Board: 

FCRA: Federal Credit Reform Act of 1990: 

FHA: Federal Housing Administration: 

GAAP: generally accepted accounting principles: 

HERA: Housing and Economic Recovery Act of 2008: 

HUD: Department of Housing and Urban Development: 

MPP: minimum policyholders position: 

PMI: private mortgage insurers: 

PV: present value: 

RHS: Rural Housing Service: 

VA: Department of Veterans Affairs: 

[End of section] 

GAO:
United States Government Accountability Office: 
441 G St. N.W. 
Washington, DC 20548: 

September 9, 2013: 

The Honorable Jeb Hensarling: 
Chairman: 
Committee on Financial Services: 
House of Representatives: 

The Honorable Randy Neugebauer: 
Chairman: 
Subcommittee on Housing and Insurance: 
Committee on Financial Services: 
House of Representatives: 

The Federal Housing Administration (FHA), within the Department of 
Housing and Urban Development (HUD), administers single-family 
mortgage insurance programs, which insure private lenders against 
losses on mortgages that finance purchases of properties or that 
refinance existing mortgages. FHA's insured portfolio was more than $1 
trillion at the end of fiscal year 2012. The insured mortgage market 
also includes private mortgage insurers (PMI), which typically insure 
loans that are sold to either of two housing-related enterprises, 
Fannie Mae and Freddie Mac (the enterprises).[Footnote 1] In recent 
years, FHA has faced fiscal challenges, as has the rest of the 
mortgage insurance industry. Since 2009, the Mutual Mortgage Insurance 
Fund (Fund)--under which FHA insures almost all of its single-family 
mortgages--has not met minimum statutory capital requirements. Also, 
declining balances in the Fund's capital reserve account and higher-
than-expected claims on loans insured before 2010 have increased the 
possibility that FHA will require additional funds to have sufficient 
resources for all future insurance claims on its existing portfolio. 
[Footnote 2] 

You asked us to examine the financial condition requirements that 
apply to FHA and PMIs. This report discusses (1) how the reserving 
practices and capital requirements of FHA's Fund compare with those 
for the PMI industry and (2) how, if at all, applicable PMI reserving 
practices and capital requirements could enhance oversight of FHA's 
Fund. In a companion report, we discuss options for improving FHA's 
long-term viability and their implications.[Footnote 3] 

To compare FHA's reserving practices and capital requirements with 
those of the PMI industry, we identified and reviewed accounting 
standards and federal statutes that apply to FHA's Fund, limiting our 
scope to forward mortgages.[Footnote 4] We identified and reviewed 
accounting standards, Fannie Mae and Freddie Mac policies, and state 
statutes and regulations that apply to PMIs. We also reviewed 
information on the capital positions of FHA and PMIs from 2001 through 
2012, as well as PMI financial statements and regulatory reports. In 
addition, we interviewed mortgage market participants and 
stakeholders, including federal officials, state regulators, and major 
PMIs, to confirm our understanding of the practices and requirements. 
To assess how applicable industry practices and requirements could 
enhance oversight of FHA's Fund, we determined the extent to which 
they would provide information to enhance Fund oversight, considering 
factors such as the compatibility of concepts and calculations with 
FHA operations. We interviewed insurance regulators in three states--
North Carolina, Pennsylvania, and Wisconsin--to identify the 
information PMIs report that regulators use in assessing financial 
condition. We selected these states based on criteria including market 
share of PMIs domiciled in the states and diversity of regulatory 
requirements.[Footnote 5] We also interviewed FHA officials, 
regulators, major PMIs, and other industry analysts to obtain 
perspectives on applying PMI practices and requirements to FHA's Fund 
and the implications for increased transparency and understanding of 
the Fund's financial condition. Furthermore, we reviewed annual 
actuarial reviews of the Fund, HUD appendixes to the President's 
budget, and FHA's audited financial statements to provide additional 
perspectives on the Fund's financial condition. To assess the 
reliability of unaudited data we obtained from FHA, we conducted 
reasonableness checks on data elements and discussed the sources and 
interpretation of the data with FHA officials. We determined that this 
information was sufficiently reliable for purposes of characterizing 
the financial condition of the Fund. See appendix I for additional 
information on our scope and methodology. 

We conducted this performance audit from February 2013 to September 
2013 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: 

Federal Housing Administration: 

Established in 1934 under the National Housing Act, FHA operates the 
largest federal mortgage insurance program, which is backed by the 
full faith and credit of the federal government.[Footnote 6] FHA 
primarily insures forward mortgages for initial home purchases and 
refinancing. Generally, lenders require borrowers to purchase mortgage 
insurance when the initial loan-to-value ratio (the amount of the 
mortgage loan divided by the value of the home) exceeds 80 percent. In 
fiscal year 2012, FHA reported that it insured almost 1.2 million 
forward mortgages representing approximately $213 billion in mortgage 
insurance-in-force. Its reported total amortized insurance-in-force on 
forward loans at the end of fiscal year 2012 was $1.07 trillion. 
[Footnote 7] 

Three different reviews of the financial condition of the Fund are 
conducted annually. First, the Omnibus Budget Reconciliation Act of 
1990 required an annual independent actuarial study of the economic 
net worth and soundness of FHA's Fund.[Footnote 8] As part of this 
review, an independent actuary estimates the economic value of the 
Fund, which FHA uses to calculate the Fund's capital ratio.[Footnote 
9] The actuary's analysis considers the net current resources 
available to the Fund; historical performance of existing loans; 
projected claim, loss, and prepayment rates; and projected future 
economic conditions. The actuarial study is now a requirement in the 
Housing and Economic Recovery Act of 2008 (HERA), which also requires 
that the Secretary of HUD submit an annual report to Congress on the 
results of the actuarial study, as well as quarterly status reports on 
the Fund.[Footnote 10] 

Second, estimates that FHA prepares for the federal budget provide 
another review of the financial condition of the Fund. Specifically, 
under the Federal Credit Reform Act of 1990 (FCRA), FHA and other 
federal agencies must estimate the net lifetime costs (known as credit 
subsidy costs) of their loan insurance or guarantee programs and 
include the costs to the government in their annual budgets.[Footnote 
11] Agencies annually estimate credit subsidy costs by cohort--the 
loans agencies commit to insure or guarantee in a given fiscal year. 
The initial credit subsidy cost in the year the loans are insured is 
equal to the net present value of estimated lifetime cash flows, 
excluding administrative costs.[Footnote 12] For a mortgage insurance 
program, cash inflows consist primarily of premiums charged to insured 
borrowers and recoveries from sales of foreclosed properties, and cash 
outflows consist mostly of claim payments to lenders. A balance equal 
to the amount needed to cover estimated net future costs is held in 
the Fund's financing account. Estimated lifetime revenues in excess of 
this amount are recorded in the Fund's capital reserve account. 
Historically, FHA has estimated that its loan insurance program is a 
negative subsidy program--that is, the present value of estimated cash 
inflows exceeds the present value of estimated cash outflows. On the 
basis of these negative subsidy estimates, FHA built up substantial 
balances over the years in the capital reserve account. Generally, 
agencies must produce annual updates of their subsidy estimates--known 
as reestimates--for each cohort on the basis of updated information on 
actual performance and new estimates of future loan performance. 
Upward reestimates reflect increases in credit subsidy costs (or lower 
lifetime net revenues) and downward reestimates represent decreases in 
credit subsidy costs (or higher lifetime net revenues). Balances in 
the capital reserve account are transferred to the financing account 
to cover upward reestimates (see figure 1).[Footnote 13] However, 
since 2009 higher-than-expected claims have depleted funds in FHA's 
capital reserve account to just over $3 billion at the end of fiscal 
year 2012. If the capital reserve account were to be depleted and FHA 
required additional funds in the financing account to meet budget 
reestimate requirements, HUD would need to draw on permanent and 
indefinite budget authority, as authorized by FCRA. The President's 
fiscal year 2014 budget contained a $22 billion upward credit subsidy 
reestimate for the Fund and indicated that the reestimate would 
deplete FHA's capital reserve account in 2013, potentially causing FHA 
to draw on $943 million in permanent and indefinite budget authority. 

Figure 1: Budget Accounting for FHA's Mutual Mortgage Insurance Fund: 

Figure 1: Budget Accounting for FHA's Mutual Mortgage Insurance Fund: 

[Refer to PDF for image: illustration] 

Annual appropriations: Provides aggregate limitation on loan 
guarantees and budget authority for program costs: 
Credit subsidy (if positive); Administrative costs: to Program Account. 

Permanent indefinite appropriations: Provides authority when the 
balance in the capital reserve account is insufficient to pay for 
upward subsidy reestimates: 
Upward subsidy reestimates: to Program Account. 

Program account: Records the budget authority and outlays for credit 
subsidy and administrative costs: 
Credit subsidy (including upward reestimates): to Financing account. 

Financing account[A]: Holds the subsidy payment from program account 
as a reserve against expected future claims and records the lifetime 
cash flows for insured loans: 
Negative subsidy and downward subsidy reestimates: to Capital reserve 
account. 

Capital reserve account: Accumulates and earns interest on credit 
subsidy in excess of amount estimated to cover expected future claims 
and pays upward subsidy reestimates to financing account through the 
program account: 
Upward subsidy reestimates: to Program account. 

Source: GAO. 

[A] The financing account appears in the budget for informational and 
analytical purposes, but is not included in the budget totals for 
budget authority or outlays. It is required to record lifetime cash 
flows for loans insured in 1992 and thereafter. 

[End of figure] 

Third, FHA's audited financial statements also include a review of the 
Fund. FHA's financial statements are prepared according to generally 
accepted accounting principles in the United States applicable to 
federal agencies (federal GAAP) as promulgated by the Federal 
Accounting Standards Advisory Board (FASAB).[Footnote 14] Federal GAAP 
requires that FHA calculate its liability for loan guarantees for its 
loan insurance commitments on a present value basis.[Footnote 15] The 
liability for loan guarantees represents net losses FHA expects on its 
outstanding insurance portfolio.[Footnote 16] The use of the present 
value accounting method is consistent with budgeting requirements 
under FCRA. Under federal GAAP, FHA recognizes potential lifetime 
losses and revenues at the point it insures a loan. 

Private Mortgage Insurance Industry: 

The private mortgage insurance industry dates to the 1880s. According 
to an industry consultant report, the industry went bankrupt during 
the housing collapse of the early 1930s but reemerged in the mid-1950s 
after drawing on lessons learned from its prior failure.[Footnote 17] 
These lessons included the need for laws and regulations to help 
ensure that PMIs were prepared for economic shocks. Most residential 
mortgages insured by PMIs are sold to the enterprises. The enterprises 
have a statutory requirement to obtain credit enhancement on single-
family residential mortgages purchased with loan-to-value ratios of 
over 80 percent, and private mortgage insurance is the major credit 
enhancement they use. In 2012, the PMI industry, which consisted of 
six active PMIs and their affiliates, reported that PMIs insured about 
416,000 mortgages representing approximately $175 billion in mortgage 
insurance. 

PMIs are regulated by the states in which they do business, with the 
state of domicile (that is, the state in which a PMI is chartered) 
providing primary regulatory oversight. Each state conducts financial 
oversight of the companies operating in its jurisdiction to help 
ensure that policyholders receive the insurance benefits they are 
entitled to receive. State laws and regulations limit the risk PMIs 
can assume through means such as reserve and capital requirements, 
investment and risk concentration restrictions, and restrictions on 
activities other than mortgage-related insurance. The PMIs also must 
comply with the enterprises' requirements in order for the mortgages 
they insure to be eligible for sale to the enterprises. 

PMIs file audited financial statements, which are prepared in 
accordance with statutory accounting principles, with insurance 
regulators. Statutory accounting principles historically have been 
those practices or procedures prescribed or permitted by an insurer's 
domiciliary state through statutes, regulations, and practices. The 
National Association of Insurance Commissioners has standardized and 
incorporated these principles in its Accounting Practices and 
Procedures manuals (which provide a comprehensive guide of statutory 
principles) and other publications.[Footnote 18] Statutory accounting 
principles were developed to meet the needs of insurance regulators, 
who are focused on insurers' solvency and ability to satisfy their 
obligations to policyholders and creditors--in particular, to pay 
future claims. Under statutory accounting principles, PMIs recognize 
potential losses once loans become delinquent and recognize premium 
revenues over the period the insurance is outstanding. 

In addition to reporting based on statutory accounting principles, 
many of the parent companies of PMIs also publicly report their 
financial results using private-sector GAAP in quarterly and annual 
filings with the Securities and Exchange Commission. The objectives of 
GAAP reporting differ from the objectives of statutory accounting 
principles reporting. GAAP is designed to meet the varying needs of 
different users of financial statements, while statutory accounting 
principles are designed to address concerns of regulators, as 
previously noted. Although statutory accounting principles incorporate 
private-sector GAAP guidance for certain principles, the two sets of 
accounting principles have differences. Statutory accounting 
principles are more conservative than private-sector GAAP--for 
example, they do not recognize certain assets recognized under private-
sector GAAP.[Footnote 19] 

Differences between FHA and Private Insurer Programs and Market Roles: 

Although FHA and PMIs both provide mortgage insurance to first-time 
home buyers and others seeking low down-payment mortgages, their 
mortgage insurance programs differ in several respects. Some of these 
differences include: 

* Coverage. FHA insurance covers 100 percent of the principal balance 
of each loan, whereas PMIs generally cover from 20 to 30 percent of 
the loan balance, usually based on what the enterprises require. 
[Footnote 20] 

* Premiums. FHA collects both an up-front premium (paid at loan 
origination) and annual premiums (paid in monthly installments) from 
all borrowers. PMIs generally charge either premiums paid in monthly 
installments or a single premium (one payment at loan origination that 
fully pays for the insurance policy).[Footnote 21] 

* Minimum down payment. To meet the requirements of the enterprises, 
PMI-insured loans generally have higher down payments than those 
insured by FHA. One PMI representative told us that a small portion of 
PMIs' insured loans have a down payment of less than 5 percent. In 
contrast, more than 70 percent of the loans FHA insured in 2012 had a 
down payment of less than 5 percent.[Footnote 22] 

* Borrower qualifications. PMIs generally require their borrowers to 
have higher credit scores and lower debt service-to-income ratios than 
does FHA.[Footnote 23] 

* Recoveries. FHA generally receives significant recoveries on the 
sale of foreclosed properties. According to officials from one PMI, it 
is generally not in a PMI's best interest to take possession of 
foreclosed properties. Instead, PMIs usually pay their coverage 
percentage multiplied by the sum of the unpaid loan balance and 
allowable foreclosure related expenses. 

FHA and PMIs also have different operational goals and market roles. 
Most PMIs are publicly traded companies or subsidiaries of such 
companies, which have a responsibility to provide a return on 
investment to their shareholders. FHA's statutory operational goals 
are to minimize the default risk to the Fund and homeowners and 
provide mortgage insurance to traditionally underserved borrowers, 
which FHA defines as including first-time homebuyers, minorities, low-
income families, and residents of underserved communities.[Footnote 
24] FHA traditionally has played a particularly large role among such 
borrowers. FHA generally is thought to promote stability in the market 
by ensuring the availability of mortgage credit in areas that may be 
underserved by the private sector or experiencing economic downturns. 
By expanding its presence when the private market contracts, FHA plays 
a countercyclical role in the mortgage market. FHA typically does not 
restrict its business or change the terms under which it provides 
mortgage insurance in economically distressed geographic locations. 
FHA must ensure that any changes to the terms and conditions for 
mortgage insurance comply with fair lending laws and its obligation to 
affirmatively further fair housing. However, PMIs may change the 
conditions under which they will provide new insurance in a geographic 
area to reflect the increased risk of losses in an area experiencing 
economic hardship. For example, in previous work we found that by 
tightening the terms of the insurance they would provide, PMIs may 
have decreased their share of the market in economically stressed 
regions of the country during regional economic downturns in the late 
1980s.[Footnote 25] 

Consistent with its countercyclical role, FHA's market share expanded 
during the recent mortgage crisis. According to HUD's U.S. Housing 
Market Conditions, FHA's share of the market for home purchase 
mortgages (in terms of loan originations) grew sharply, rising from 
approximately 4.5 percent in 2006 to approximately 26.1 percent in 
2012. In addition, FHA's share of the entire mortgage market 
(including refinance activity) rose dramatically after 2007, and stood 
at 14.6 percent in 2012 (see figure 2). According to data from Inside 
Mortgage Finance, FHA's share of the insured mortgage market as of the 
end of 2012 was 45 percent as measured by annual dollar volume, down 
from 71 percent in 2009.[Footnote 26] 

Figure 2: FHA's Share of Loan Originations, 2001-2012: 

[Refer to PDF for image: multiple line graph] 

Fiscal year 2001:
Purchase mortgage market: 14.2%; 
Overall market share: 9.1%. 

Fiscal year 2002: 
Purchase mortgage market: 11.1%; 
Overall market share: 6.4%. 

Fiscal year 2003: 
Purchase mortgage market: 8.5%; 
Overall market share: 5.5%. 

Fiscal year 2004: 
Purchase mortgage market: 6.6%; 
Overall market share: 4.7%. 

Fiscal year 2005: 
Purchase mortgage market: 4.5%; 
Overall market share: 3.1%. 

Fiscal year 2006: 
Purchase mortgage market: 4.5%; 
Overall market share: 3.3%. 

Fiscal year 2007: 
Purchase mortgage market: 6.1%; 
Overall market share: 5.1%. 

Fiscal year 2008: 
Purchase mortgage market: 24.1%; 
Overall market share: 19.8%. 

Fiscal year 2009: 
Purchase mortgage market: 32.6%; 
Overall market share: 21.1%. 

Fiscal year 2010: 
Purchase mortgage market: 32.3%; 
Overall market share: 17.4%. 

Fiscal year 2011: 
Purchase mortgage market: 26.5%; 
Overall market share: 14%. 

Fiscal year 2012: 
Purchase mortgage market: 26.1%; 
Overall market share: 14.6%. 

Overall market share includes home purchase and refinance mortgages. 

Source: GAO analysis of HUD data. 

[End of figure] 

FHA and Private Insurers Follow Distinct Reserving Practices and 
Capital Requirements: 

Reserving practices and capital requirements for FHA's Fund differ in 
key respects from those for PMIs. These differences stem from the 
distinct environments in which FHA and PMIs operate, including the 
particular accounting principles and statutory provisions that they 
must follow. For both FHA and PMIs, capital requirements are expressed 
as ratios that compare risk and capital, but these terms have 
different meanings in the PMI and FHA contexts. 

FHA and Private Mortgage Insurers Establish Different Types of 
Reserves under Their Respective Accounting Principles: 

From an accounting perspective, certain reserves are recorded as 
liabilities on an entity's balance sheet to account for net future 
obligations and unearned revenue. Under their respective accounting 
principles, FHA and PMIs follow different reserving practices to 
prepare their audited financial statements. Under federal GAAP, FHA 
effectively has one reserve, the liability for loan guarantees. It is 
calculated by estimating the net present value of expected future cash 
flows for all outstanding loans (anticipated losses less anticipated 
future revenue). 

In contrast, under statutory accounting principles, PMIs establish up 
to four separate reserve components, as follows: [Footnote 27] 

* Unearned premium reserve. This reserve represents the amount of 
insurance premiums that have been collected but not yet earned. 
Premiums paid in advance (single premiums) generally would be earned 
over time based on a schedule specified by a PMI's domiciliary state. 

* Contingency reserve. This reserve represents half of the insurance 
premiums earned each year for the previous 10 years in order to build 
up a countercyclical capital buffer.[Footnote 28] This reserve also 
prevents a PMI from paying out excessive dividends to shareholders 
during profitable times to preserve its ability to pay claims during 
economic downturns. A PMI may release funds, with regulatory approval, 
if necessary, from this reserve to increase its statutory surplus when 
losses incurred in a year exceed 35 percent of premiums earned that 
year.[Footnote 29] 

* Loss reserve. This reserve represents expected losses on loans that 
become delinquent. Because the reserve is for loans that are already 
delinquent, it represents an estimate of losses that are likely to 
occur in the near term. 

* Premium deficiency reserve. This reserve is intended to cover the 
difference between future losses and existing reserves plus future 
premiums, if future losses are greater. More specifically, it 
represents the amount by which the present value of estimated future 
losses (less future uncollected premium revenues on all loans 
outstanding) exceeds the sum of the contingency reserve, loss reserve, 
and unearned premium reserve. 

The differences between FHA and PMI reserving practices stem from the 
different accounting principles these entities are required to follow 
and the different purposes these principles serve. Table 1 shows how 
FHA and PMI reserves are calculated. FHA's practice of reserving for 
anticipated net losses follows federal GAAP, which emphasizes the 
consistent calculation of long-term costs to the government of the 
subsidies associated with insurance, direct loans, and loan guarantees 
and supports budgeting under FCRA. As previously noted, federal GAAP 
accounts for estimated lifetime losses and revenues on insurance, 
direct loans, and guarantee activities on a present value basis in the 
fiscal year in which the commitment to insure, originate, or guarantee 
a loan occurs. In contrast, PMIs follow statutory accounting 
principles under which potential losses are recognized in the loss 
reserve component when loans become delinquent and revenues are 
recognized as they are earned over the coverage period. 

Table 1: Calculations for FHA and PMI Reserves for Financial 
Accounting Purposes: 

Entity: FHA; 
Reserve: Liability for loan guarantees; 
Calculation: (Present value (PV) of future losses) minus (PV of future 
revenues) on all outstanding loans. 

Entity: PMI; 
Reserve: Unearned premium reserve; 
Calculation: (Premiums paid in advance) minus (portion of premiums 
earned). 

Entity: PMI; 
Reserve: Contingency reserve; 
Calculation: One-half of premiums earned during the previous 10 years, 
unless incurred losses exceed 35 percent of earned premiums. 

Entity: PMI; 
Reserve: Loss reserve; 
Calculation: (Insured portion of the loan balance for delinquent 
loans) multiplied by (estimated percentage that will result in claims) 
multiplied by (estimated loss severity). This is calculated on a 
nominal basis (not discounted). 

Entity: PMI; 
Reserve: Premium deficiency reserve; 
Calculation: (PV of future losses) minus (PV of future revenues) on 
all outstanding loans minus (contingency reserve) minus (loss reserve) 
minus (unearned premium reserve), if result is positive. If revenues 
are greater than losses, no amount is recorded. 

Source: GAO. 

[End of table] 

Despite these differences, a present value calculation of future cash 
flows is used in both the PMI premium deficiency reserve and the FHA 
liability for loan guarantees.[Footnote 30] Specifically, FHA's 
liability for loan guarantees is equal to the net present value of 
expected future cash flows for all outstanding loans (anticipated 
losses less anticipated future revenue). PMIs also calculate the net 
present value of expected future cash flows, but rather than 
establishing reserves equal to this amount, PMIs compare it with the 
sum of their existing loss reserves, contingency reserves, and 
unearned premium reserves. If the net present value of expected future 
losses exceed the combination of these three reserve components, PMIs 
establish a premium deficiency reserve to make their total reserves 
equal to their anticipated net losses (if not, there is no liability 
for a premium deficiency).[Footnote 31] PMIs generally have not had to 
establish premium deficiency reserves because the sum of their 
existing reserves has been greater than the net present value of 
expected future losses. This reflects the conservative nature of 
reserving practices under statutory accounting principles. 

FHA's Statutory Capital Requirement Differs from Private Insurers' 
Requirements: 

FHA and PMIs both calculate ratios for capital relative to risk 
outstanding, but the calculations measure capital and risk differently 
(see table 2). As noted earlier, the capital position of FHA's Fund is 
assessed annually by an independent actuary. By statute, the Fund's 
economic value--existing net capital resources plus the present value 
of future net cash flows of all currently insured loans--must be at 
least 2 percent of the remaining principal balance on all insured 
loans in the Fund (amortized insurance-in-force).[Footnote 32] In 
contrast, PMIs are subject to two capital requirements--a risk-to-
capital ratio not to exceed 25 to 1 and a minimum policyholders 
position (MPP) that varies based on the loan-to-value ratio and 
coverage percentage of the mortgages insured.[Footnote 33] The risk-to-
capital ratio, which is required by 12 states, compares statutory 
surplus and contingency reserves with the insured portion of the 
remaining balance on performing loans (risk-in-force).[Footnote 34] 
The MPP, which is required by four states, establishes the amount of 
funds a PMI must have currently available to pay claims using a 
percentage of the initial balances of insured loans. PMIs may use a 
combination of statutory surplus, contingency reserves, and unearned 
premium reserves to meet the MPP requirement. PMIs' statutory surplus 
includes premium revenues earned to date. Consistent with how revenues 
are recognized under their respective accounting principles, capital 
in the PMI context does not include estimated future revenues for 
existing insurance, while capital in the FHA context does. In 
addition, for the PMI risk-to-capital ratio, risk is assessed based on 
performing loans (because the risk for nonperforming loans has been 
reserved for), while for the FHA capital ratio, risk is assessed based 
on all loans. 

Table 2: Capital Requirements for FHA and PMIs: 

Measure: Source of requirement; 
FHA: Capital ratio: Federal statute; 
PMIs: Risk-to-capital ratio: Statutes or regulations of 12 states; 
PMIs: Minimum policyholders position: Statutes or regulations of 4 
states. 

Measure: Basic calculation; 
FHA: Capital ratio: equals capital divided by risk; 
PMIs: Risk-to-capital ratio: equals risk divided by capital; 
PMIs: Minimum policyholders position: Risk times specified 
percentage[A]. 

Measure: Elements of capital; 
FHA: Capital ratio: Total assets minus total liabilities plus PV 
of future cash flows on insured loans[B]; 
PMIs: Risk-to-capital ratio: Statutory surplus plus contingency 
reserves; 
PMIs: Minimum policyholders position: Statutory surplus plus 
contingency reserves plus unearned premium reserves. 

Measure: Elements of risk; 
FHA: Capital ratio: Remaining balance on all insured loans in the 
Fund; 
PMIs: Risk-to-capital ratio: Insured portion of the remaining balance 
on performing loans; 
PMIs: Minimum policyholders position: Initial balances of insured 
loans. 

Measure: Required level; 
FHA: Capital ratio: Greater than or equal to 2 percent; 
PMIs: Risk-to-capital ratio: Less than or equal to 25:1[C]; 
PMIs: Minimum policyholders position: Varies by loan-to-value ratio and 
coverage amount. 

Measure: Who calculates; 
FHA: Capital ratio: Independent actuary; 
PMIs: Risk-to-capital ratio: PMI; 
PMIs: Minimum policyholders position: PMI. 

Measure: Frequency of calculation; 
FHA: Capital ratio: Annually; 
PMIs: Risk-to-capital ratio: Quarterly; 
PMIs: Minimum policyholders position: PMI. 

Source: GAO. 

[A] These percentages are specified in various states' statutes or 
regulations. 

[B] PV equals present value. 

[C] A risk-to-capital ratio that is less than or equal to 25:1 is 
mathematically equivalent to a capital to risk ratio that is greater 
than or equal to 4 percent. 

[End of table] 

FHA has not met its capital requirement for the last 4 years (see 
figure 3).[Footnote 35] FHA met the 2 percent capital ratio from 
fiscal years 2001 through 2008, with a high of 6.82 percent for 
forward mortgages in the Fund. However, the ratio fell below the 
statutory minimum in 2009 when economic and market developments 
created conditions that simultaneously reduced the insurance fund's 
economic value (the numerator of the capital ratio) and increased the 
amortized insurance-in-force (the denominator of the capital ratio). 
By the end of fiscal year 2012, the ratio had fallen to a negative 
1.28 percent for single family forward loans (and a negative 1.44 
percent for forward and reverse loans combined). The 2012 actuarial 
report shows that the negative economic value for forward loans is 
composed of capital assets of $25.6 billion and estimated future cash 
flows of negative $39.1 billion. Forward loans guaranteed prior to 
fiscal year 2011 have estimated negative future cash flows and loans 
guaranteed in fiscal years 2011 and later have estimated positive 
future cash flows. According to the baseline estimate in the 2012 
actuarial report, the Fund's capital ratio is not estimated to rise 
above the statutory 2 percent level until fiscal year 2017.[Footnote 
36] In 2001, we found that setting a minimum or target capital ratio 
may not be appropriate for all of the circumstances the Fund may face. 
We therefore recommended that Congress or HUD determine the economic 
conditions the Fund would be expected to withstand without drawing on 
permanent and indefinite budget authority.[Footnote 37] Congress has 
considered but not enacted legislation consistent with this 
recommendation.[Footnote 38] In addition, HUD disagreed with this 
recommendation at the time of the report and has not acted upon it. 

Figure 3: FHA Capital Ratio, Fiscal Years 2001-2012: 

[Refer to PDF for image: vertical bar graph] 

Statutory minimum for total portfolio: 2%. 

Fiscal year: 2001; 
Total portfolio: 3.75%. 

Fiscal year: 2002; 
Total portfolio: 4.52%. 

Fiscal year: 2003; 
Total portfolio: 4.8%. 

Fiscal year: 2004; 
Total portfolio: 5.53%. 

Fiscal year: 2005; 
Total portfolio: 6.02%. 

Fiscal year: 2006; 
Total portfolio: 6.82%. 

Fiscal year: 2007; 
Total portfolio: 6.4%. 

Fiscal year: 2008; 
Total portfolio: 3%. 

Fiscal year: 2009; 
Total portfolio: 0.53%. 

Fiscal year: 2010; 
Total portfolio: 0.5%. 

Fiscal year: 2011; 
Total portfolio: 0.24%. 

Fiscal year: 2012; 
Total portfolio: -1.44%. 

Source: GAO analysis of FHA data. 

Note: In fiscal year 2009, the reverse mortgage program was added to 
the Fund. Since then, the 2 percent statutory requirement has applied 
to forward and reverse mortgages combined. 

[End of figure] 

As shown in figure 4, PMIs also have struggled to meet their capital 
requirements in recent years, and regulators forced three large PMIs 
to cease writing new business for failing to meet these requirements. 
PMIs have relied heavily on capital and surplus contributions from 
outside investors and their parent companies to meet their capital 
requirements. To illustrate, from 2008 through 2012, three of the four 
largest PMIs received capital and surplus contributions that were 
greater than their total capital as of the end of 2012. In addition, 
these PMIs completely exhausted their contingency reserves. Ceding 
risk to reinsurance companies and higher-quality books of business in 
recent years also have helped PMIs to lower their risk-to-capital 
ratios. In contrast, FHA (which has not met its capital requirement) 
has continued to write new business, as authorized through annual 
appropriations acts, and would not receive additional funding through 
permanent and indefinite budget authority until it is needed to help 
cover an upward credit subsidy reestimate.[Footnote 39] 

Figure 4: Risk-to-Capital Ratios of Selected PMIs, 2001-2012: 

[Refer to PDF for image: multiple line graph] 

Ratio to 1: 

Year: 2001; 
Radian: 14.1; 
Genworth: 8.5; 
MGIC: 9.9; 
United: 14. 

Year: 2002; 
Radian: 11.5; 
Genworth: 8.8; 
MGIC: 9.7; 
United: 12. 

Year: 2003; 
Radian: 11.4; 
Genworth: 8.8; 
MGIC: 9.4; 
United: 10. 

Year: 2004; 
Radian: 10; 
Genworth: 9.4; 
MGIC: 7.9; 
United: 11. 

Year: 2005; 
Radian: 11.6; 
Genworth: 8.2; 
MGIC: 7.4; 
United: 10. 

Year: 2006; 
Radian: 8.1; 
Genworth: 8.6; 
MGIC: 7.5; 
United: 11. 

Year: 2007; 
Radian: 14.9; 
Genworth: 11.3; 
MGIC: 11.9; 
United: 15. 

Year: 2008; 
Radian: 16.4; 
Genworth: 14.3; 
MGIC: 14.7; 
United: 21. 

Triad Guaranty Insurance Corp. reported a risk-to-capital ratio of 
42.7:1 as of June 30, 2008, and ceased issuing new mortgage insurance 
as of July 15, 2008. 

Year: 2009; 
Radian: 15.4; 
Genworth: 14.6; 
MGIC: 22.1; 
United: 16. 

Year: 2010; 
Radian: 16.8; 
Genworth: 21.9; 
MGIC: 23.2; 
United: 13. 

Year: 2011; 
Radian: 21.5; 
Genworth: 28.8; 
MGIC: 22.2; 
United: 12. 

Old Republic International Corp. reported that its three subsidiaries 
had a combined risk-to-capital ratio of 45.7:1 as of June 30, 2011, 
and ceased issuing new mortgage insurance as of August 31, 2011. 

PMI Mortgage Insurance Co. reported a risk-to-capital ratio of 58.1:1 
as of June 30, 2011, and ceased issuing new mortgage insurance as of 
September 16, 2011. 

Year: 2012; 
Radian: 20.8; 
Genworth: 30.4; 
MGIC: 47.8; 
United: 16. 

Note: The risk-to-capital ratios in the figure include capital and 
surplus contributions from outside investors and parent companies. 
Radian Guaranty was granted waivers that were in effect in 2012 by 10 
states. Genworth Mortgage Insurance Company was granted waivers that 
were in effect in 2012 by 11 states. Mortgage Guaranty Insurance 
Corporation was granted waivers that were in effect in 2012 by 8 
states. 

Source: GAO analysis of PMI data. 

PMIs face several potential consequences when their risk-to-capital 
ratios rise above the statutory ceiling of 25: 1. When a PMI fails to 
meet state regulatory requirements, it must stop writing new business 
or receive a waiver from the state to continue operating.[Footnote 40] 
If a PMI is forced to stop writing new business, the PMI continues to 
insure existing business (collecting premiums and paying claims) until 
all current business is extinguished. If a PMI receives a waiver, the 
PMI still can write new business, but the regulator imposes 
restrictions and conditions on the PMI. According to state regulators 
we interviewed, they consider a number of factors when deciding to 
grant a waiver. In general, waivers are granted if the state regulator 
decides that the PMI can return to profitability. Requirements for 
PMIs that have been granted waivers differ by state, but may include 
increased frequency of financial reporting, actuarial reviews, 
remediation plans, and regulatory approval of dividend payments. Prior 
to breaching the 25: 1 ceiling or MPP requirement, three of the four 
largest PMIs applied for and were granted waivers by many of the 16 
states that require them. 

The enterprises also impose financial requirements on PMIs. Before the 
financial crisis, the enterprises required PMIs to maintain at least 
an AA-rating from two credit rating agencies. However, the enterprises 
consider this requirement to be obsolete because no PMIs currently 
meet the rating level. Instead, the enterprises have established 
remediation plans that include alternative requirements for the PMIs. 
These remediation plans allow the PMIs to continue insuring loans that 
are eligible for purchase by the enterprises, but include provisions 
intended to increase PMI transparency and reporting. Although each 
plan is different, the enterprises and PMIs told us that the plans 
generally required enhanced disclosure, regular meetings with the 
enterprises, and specific actions, including: 

* raising capital; 

* maintaining a minimum level of liquid assets; 

* obtaining waivers from state capital requirements; or: 

* creating subsidiaries licensed in states where waivers were not 
granted. 

In contrast to the PMIs, the statute that established FHA's 2 percent 
capital ratio requirement does not define consequences if the ratio 
falls below the required level. In 2012 and again in 2013, legislation 
was introduced that would require FHA to develop an emergency capital 
plan to restore the Fund's fiscal solvency and provide monthly reports 
to Congress on the condition of the Fund and any remediation steps 
taken that month.[Footnote 41] However, as of August 2013, this 
legislation had not been enacted. 

State regulators and the Federal Housing Finance Agency (the regulator 
and conservator for the enterprises) have been considering ways to 
strengthen the financial condition requirements for PMIs, including 
capital requirements. The National Association of Insurance 
Commissioners has formed a working group that has been considering 
proposed capital requirements that would vary depending on the risk 
characteristics of the loans being insured (such as the loan-to-value 
ratio and borrower credit score). More specifically, PMIs would need 
to hold more capital for riskier loans than for loans with less risk. 
This approach contrasts with the fixed risk-to-capital ratio that 
currently applies. Eight PMIs issued a joint statement to the working 
group agreeing with this basic approach. The Federal Housing Finance 
Agency also has been working with the enterprises to develop new 
capital requirements for PMIs. Agency officials told us that the 
current risk-to-capital ratio requirements were not sufficient because 
they do not account for differences in loan risks, provide assurance 
of financial viability under severe stress scenarios, or differentiate 
between liquid and illiquid capital (that is, capital readily 
available to pay claims or not). The officials said that they expect 
to issue the new requirements by the end of 2013. 

Features of the Regulatory Framework for Private Insurers Could 
Enhance Oversight of FHA: 

Certain features of the states' regulatory framework for PMIs could 
enhance oversight of FHA by increasing transparency and 
accountability. Although the PMI industry's reserving practices have 
limited applicability to FHA, separately disclosing reserve components 
for FHA would provide additional insight into FHA's financial 
condition that is not readily apparent with current reporting. PMI 
capital requirements also have limited applicability to FHA because 
they involve concepts that are not meaningful in the context of a 
federal program. However, certain consequences PMIs face for not 
meeting capital requirements--remediation plans and additional 
reporting--could be applied to FHA to enhance agency accountability. 

Industry Practices and Requirements Have Limited Applicability to 
FHA's Fund: 

The PMI industry's reserving practices and capital requirements have 
limited applicability to FHA's Fund because some of the underlying 
purposes and concepts are not pertinent to a federal credit program. 
For example, two of the liabilities that PMIs record under statutory 
accounting principles--unearned premium reserves and contingency 
reserves--are intended, in part, to protect policyholders by limiting 
payment of excessive dividends to stockholders, which reduce capital. 
The unearned premium reserve does this by matching revenues with the 
time periods in which they are earned rather than when they are 
received. This prevents PMIs from using unearned premiums to increase 
the surplus from which they pay dividends. The contingency reserve 
serves a similar purpose by setting aside half of earned premiums for 
10 years. Because FHA does not pay dividends and virtually all of the 
premium revenues FHA receives remain in the Fund, a reserve for the 
purpose of preserving capital by preventing dividend payments is not 
needed. 

A third liability that PMIs record, the loss reserve, also has limited 
applicability to FHA's Fund because its purpose is to demonstrate to 
regulators that PMIs have sufficient resources today to pay claims to 
policyholders for anticipated losses on already-delinquent loans. The 
loss reserve is therefore a tool to mitigate a PMI's liquidity risk--
the risk of not having the capacity and perceived capacity to meet 
demands for cash. FHA does not face the same liquidity risk that PMIs 
do because the Fund's financing account holds balances to cover 
expected future claims on existing loans, and FHA can draw upon 
permanent and indefinite budget authority to pay claims, if necessary. 
In addition, FHA includes estimates of losses on delinquent loans (and 
performing loans) in its liability for loan guarantees.[Footnote 42] 

Certain PMI reserves have other purposes that are pertinent to FHA, 
but FHA addresses them by other means. Although most unearned premium 
is not refundable, an additional purpose of the unearned premium 
reserve is to reflect a PMI's refund liability in the event that the 
mortgage insurance policy is canceled before premiums are fully 
earned. FHA accounts for premium refunds by including the amount of 
premiums that are expected to be refunded in its estimates of future 
cash flows. One purpose of the contingency reserve is to build up a 
capital buffer to help cover claims during economic downturns. While 
not fixed to a percentage of premiums like the contingency reserve, 
FHA's capital reserve account holds all premiums in excess of 
anticipated claims and is available to pay higher-than-anticipated 
claims. Furthermore, calculating the current levels of these reserves 
would be difficult. For example, determining FHA's contingency reserve 
liability is complicated by the fact that this liability may be 
reduced if incurred losses exceed 35 percent of earned premiums--a 
threshold FHA likely exceeded in recent years.[Footnote 43] 

PMI capital requirements also have limited applicability to FHA 
because they rely on definitions and components of capital that are 
not directly relevant to FHA's operating environment.[Footnote 44] 
Specifically, PMIs use statutory surplus and contingency reserves from 
the statutory financial statements they file with insurance regulators 
to determine their capital. Statutory surplus includes components that 
FHA's Fund does not have, including capital stock and gross paid-in 
and contributed surplus, which reflect the various means that PMIs use 
to raise capital.[Footnote 45] FHA's capital does not have these 
components and consequently, they cannot be calculated for FHA. For 
example, as a federal agency, FHA does not have stock or stockholders. 
FHA's capital comes almost exclusively from premiums and minimal 
interest income. For PMIs, retained earnings--an entity's net income 
since its inception--increase statutory surplus, and dividends paid to 
stockholders decrease it. The retained earnings or losses component of 
PMIs' capital is somewhat similar to the net position of FHA's Fund. 
[Footnote 46] However, FHA's net position reflects estimates of 
lifetime premiums net of claims, while PMIs' retained earnings 
reflect, among other things, revenues earned and losses incurred (on 
delinquent loans) to date. 

Industry Practice of Separately Disclosing Reserve Components Could 
Increase Transparency of Risks Facing FHA's Fund: 

Although specific PMI reserving practices have limited applicability 
to FHA, the concept of separately disclosing reserve components as 
PMIs do could be applied to the Fund. For example, the PMI loss 
reserve and unearned premium reserve focus on the timing of specific 
cash flows--the loss reserve on claims that are likely to be paid on 
delinquent loans in the near-term and the unearned premium reserve on 
premiums as they are earned over time. In contrast, FHA has a single 
reserve from a financial accounting perspective, the liability for 
loan guarantees, which combines estimates of future claims payments 
with estimates of future premiums and recoveries over a 30-year period 
into a single number.[Footnote 47] While a single number is a useful 
measure of lifetime costs and aligns with federal budget requirements, 
it provides limited insight into the timing of specific cash flows 
and, therefore, the degree of uncertainty in the estimate. 

As of September 30, 2012, the liability for loan guarantees for 
forward mortgages in FHA's Fund was $37 billion. That is, claims 
payments on loans that were insured as of that date were expected to 
exceed future premiums and recoveries on foreclosed properties by $37 
billion on a present value basis over the next 30 years. However, the 
timing of claims payments, premiums, and recoveries is not evident 
from this figure. This information is important for more fully 
understanding the Fund's financial status because estimates of near-
term cash flows are inherently more certain than estimates of longer-
term cash flows. Disclosing the timing of specific cash flows would 
help illustrate the extent to which estimates of claims payments, 
premiums, and recoveries in the liability for loan guarantees are 
concentrated in the near term or longer term and therefore more or 
less certain. 

The uncertainty of longer-term cash flow estimates also applies to 
FHA's future business activity, which is estimated to help offset 
losses on its existing loans. The fiscal year 2012 actuarial review 
found that the economic value of the Fund's forward mortgages without 
the fiscal year 2013 book of business was negative $13 billion, 
meaning that the present value of estimated future cash flows on the 
existing portfolio exceeded current resources available to pay claims 
by that amount. The actuary estimated that FHA's future business will 
generate positive economic value, which will help rebuild the Fund's 
capital resources. In its fiscal year 2012 annual report to Congress, 
FHA said it foresaw little risk that it would not be able to pay 
claims based on projections of its future business.[Footnote 48] 
However, like all long-term projections, the actuary's estimates rest 
on assumptions that are inherently uncertain. 

As previously noted, differences in the level of certainty between 
near-term and longer-term cash flows underscore the importance of this 
information for assessing financial condition. The liability for loan 
guarantees is built upon a 30-year schedule of key cash flows--claims, 
premiums, and recoveries. Accordingly, separately disclosing these 
component parts and showing how they vary over time could provide 
additional insight into the financial condition of the Fund. Such 
disclosure would be consistent with information reported on the timing 
of cash flows for federal social insurance programs, which also rely 
on long-term estimates.[Footnote 49] It would also be consistent with 
federal internal control guidance for communicating with external 
groups.[Footnote 50] This guidance discusses the importance of 
communicating relevant information to Congress and others so that they 
can better understand the agency, including its mission, goals, 
objectives, and risks. 

Accountability Component of Industry Capital Requirements Could 
Strengthen Oversight of FHA: 

Unlike PMIs, which may be required to undertake actions such as 
remediation plans and additional reporting to state regulators as 
conditions of doing business when they do not meet capital 
requirements, FHA is not subject to such enhanced accountability 
measures. As previously stated, PMIs that have not met their capital 
or other requirements have had to provide additional reporting, more 
frequently meet with regulators, and in some cases develop remediation 
plans to continue writing new business. For example, remediation plans 
may lay out a PMI's plan for restoring its capital to the required 
level through capital contributions from the parent company, premium 
increases, and underwriting changes. In contrast, FHA has not been in 
compliance with its capital ratio requirement since 2009 and is not 
estimated to reach compliance until 2017. Yet failure to comply with 
the requirement does not trigger a defined process or set of steps to 
be taken by FHA. FHA's annual reports to Congress in 2009 through 2011 
described steps it already had taken to improve the Fund's financial 
condition, including premium and underwriting changes. However, FHA 
did not issue a plan of action to restore the Fund's capital ratio, 
including implementation time frames and estimated outcomes, until it 
submitted its 2012 annual report to Congress. 

Requiring a capital restoration plan when the capital ratio approaches 
or falls below the required level could strengthen oversight of FHA by 
prompting the timely development and analysis of corrective actions 
and by providing benchmarks against which Congress could monitor 
progress of implementation. As noted earlier, legislative proposals 
that contain such a requirement have been introduced but have not been 
enacted. In addition, past congressional actions have emphasized the 
importance of remediation plans for financial institutions. For 
example, the Deficit Reduction Act of 2005 required the Federal 
Deposit Insurance Corporation to establish and implement a restoration 
plan when its Deposit Insurance Fund was either projected to fall or 
actually fell below the minimum level.[Footnote 51] The Dodd-Frank 
Wall Street Reform and Consumer Protection Act required the 
establishment of remediation requirements, including capital 
restoration plans, for certain institutions facing financial distress. 
[Footnote 52] 

Conclusions: 

FHA, like other mortgage market participants, suffered major losses as 
a result of the recent housing crisis and may require additional funds 
in the near future. These circumstances have focused attention on 
oversight of FHA's single-family mortgage programs, including the 
practices and requirements FHA follows in managing the Fund. Although 
PMIs also experienced financial distress and some stopped issuing new 
policies, the PMI regulatory framework provides a basis for comparison 
and offers alternative practices and requirements to consider in 
deliberating on potential FHA reforms. However, the applicability of 
certain PMI practices and requirements to FHA is fundamentally limited 
because their underlying purposes or components are not directly 
relevant in FHA's operating environment. 

Nonetheless, the PMI regulatory framework has features that, if 
applied to FHA, could enhance transparency of the Fund's financial 
condition and congressional oversight of FHA's operations. First, the 
concept of separately disclosing reserve components as PMIs do could 
be applied to the Fund. FHA's liability for loan guarantees--which FHA 
calculates and reports annually as required--has certain limitations. 
In particular, it does not show the timing of the different cash flows 
that comprise the liability for loan guarantees--claims, premiums, and 
recoveries--and therefore does not reveal the extent to which FHA may 
be relying on less certain future revenue to offset more certain near-
term losses. Disclosing this information could enhance congressional 
oversight of FHA's financial condition and would be consistent with 
reporting practices of other federal programs and federal internal 
control guidance. Second, accountability mechanisms like those 
included in PMI capital requirements also could enhance congressional 
oversight of the Fund. Unlike PMIs, which must obtain waivers and 
submit remediation plans when they have not met or are at risk of not 
meeting capital requirements, FHA does not have a defined process it 
must follow. In 2012, FHA provided Congress with a set of planned 
actions to address its capital shortfall, but had not done so in prior 
years. A capital restoration plan requirement triggered by 
noncompliance with the Fund's statutory capital requirements could 
help ensure prompt action by FHA and focus Congress's monitoring 
efforts should this situation arise in the future. This type of 
requirement is contained in legislative proposals currently before 
Congress and would be consistent with prior congressional actions for 
certain financial institutions and government entities. 

Matter for Congressional Consideration: 

To strengthen FHA accountability for complying with the Fund's 
statutory capital requirement, Congress should consider requiring that 
FHA submit a capital restoration plan and regular updates on plan 
implementation whenever the capital ratio falls below 2 percent as 
calculated in the annual actuarial review of the Fund, or the Fund's 
financial condition does not meet other congressionally-defined 
requirements. 

Recommendation for Executive Action: 

To provide additional perspective on the Fund's financial status, FHA 
should disclose estimates of the individual cash flows associated with 
the liability for loan guarantees (premiums, claims, and recoveries), 
including their value for each year of the 30-year estimation period. 

Agency Comments and Our Evaluation: 

We provided a draft of this report to HUD and the Federal Housing 
Finance Agency for their review and comment. We received written 
comments from HUD, which are reprinted in appendix II. HUD also 
provided a technical comment, which we incorporated into the final 
report. The Federal Housing Finance Agency had no comments on the 
draft report. 

In its letter, HUD agreed with our recommendation to disclose the 
component parts of the liability for loan guarantees--claims, 
premiums, and recoveries. However, HUD suggested an alternative to 
disclosing cash flows for each year of the 30-year estimation period, 
as we recommended. Specifically, HUD proposed separately disclosing 
the liability for loan guarantees for delinquent loans and performing 
loans, which would implicitly break down losses into the near term 
(those arising from currently delinquent loans) and the longer term 
(reflecting potential loss projections on currently performing loans). 
HUD said that this approach would give a clearer picture of the Fund's 
financial status at a given point in time. HUD's suggestion is broadly 
consistent with our recommendation and could provide useful 
information. However, it does not clearly include the separate 
disclosure of claims, premiums, and recoveries and would not provide 
as much perspective on the timing of cash flows as the approach we 
recommend. Our recommendation, which calls for a more detailed 
disclosure of cash flow values for each year over the 30-year 
estimation period, would provide greater insight into the Fund's 
financial condition by illustrating the uncertainty of future losses 
and revenue. For this reason, we made no change to our recommendation. 

We also provided excerpts of the draft report to the National 
Association of Insurance Commissioners, the Mortgage Insurance 
Companies of America and its three member companies (Radian Guaranty, 
Genworth, and Mortgage Guaranty Insurance Corporation), and United 
Guaranty for technical review. We received technical comments from the 
Mortgage Insurance Companies of America on behalf of its members and 
from United Guaranty, which we incorporated into the final report as 
appropriate. 

As agreed with your offices, unless you publicly announce the contents 
of this report earlier, we plan no further distribution until 30 days 
from the report date. At that time, we will send copies to the 
Secretary of Housing and Urban Development and the Acting Director of 
the Federal Housing Finance Agency. In addition, the report will be 
available at no charge on the GAO website at [hyperlink, 
http://www.gao.gov]. 

If you or your offices have any questions about this report, please 
contact me at (202) 512-8678 or sciremj@gao.gov. Contact points for 
our Offices of Congressional Relations and Public Affairs may be found 
on the last page of this report. Key contributors to this report are 
listed in appendix III. 

Signed by: 

Mathew Scirè: 
Director, Financial Markets and Community Investment: 

[End of section] 

Appendix I: Objectives, Scope, and Methodology: 

We examined the Federal Housing Administration's (FHA) financial 
condition requirements for the Mutual Mortgage Insurance Fund (Fund) 
and compared them with those used by private mortgage insurers (PMI). 
Specifically, we discuss (1) how the reserving practices and capital 
requirements of FHA's Fund compare with those for the PMI industry and 
(2) how, if at all, applicable PMI reserving practices and capital 
requirements could enhance oversight of FHA's Fund. 

To address the first objective, we identified and reviewed reserving 
practices and capital requirements pertinent to FHA and PMIs. We 
reviewed generally accepted accounting principles for federal entities 
and federal statutes that apply to FHA's Fund. We also reviewed 
statutory accounting principles, generally accepted accounting 
principles for nongovernmental entities, Fannie Mae and Freddie Mac 
policies, and state statutes and regulations that apply to PMIs. We 
interviewed mortgage market participants and stakeholders, including 
officials from FHA, insurance regulatory agencies in three selected 
states (North Carolina, Pennsylvania, and Wisconsin), the National 
Association of Insurance Commissioners, major PMIs, a PMI trade 
association, Fannie Mae, Freddie Mac, and the Federal Housing Finance 
Agency to confirm our understanding of the practices and requirements. 
We selected the three states based on the market share of PMIs 
domiciled in those states and the diversity of state requirements for 
PMIs. These states were the domiciliary states and primary regulators 
for PMIs that accounted for 90 percent of the PMI market. We compared 
and contrasted the practices and requirements for FHA and PMIs along 
several dimensions, including the financial measures used, the 
frequency of associated reporting, and the regulatory consequences of 
noncompliance. In addition, we examined scholarly articles and 
industry reports to determine possible reasons for any differences 
between FHA and PMI practices and requirements. Finally, to provide 
additional context, we reviewed actuarial and financial reports 
showing the extent to which FHA and selected PMIs met their respective 
capital requirements from 2001 through 2012. For this analysis, we 
reviewed the four largest PMIs, which accounted for 78 percent of the 
PMI market in 2012, as well as three PMIs that ceased writing new 
business due to capital constraints during the time frame. We obtained 
these data from FHA's annual actuarial reviews, PMIs' public reports, 
and PMI officials. 

To address the second objective, we reviewed statutes, regulations, 
and accounting standards that currently apply to FHA and PMIs. We also 
reviewed information FHA currently reports on the Fund's financial 
condition, including annual actuarial reviews of the Fund, HUD 
appendixes to the President's budget, and FHA's audited financial 
statements. To determine the extent to which PMI reserving practices 
and capital requirements could be applied to FHA's Fund, we considered 
factors such as the compatibility of underlying concepts and 
calculations with FHA's operations. We analyzed data from FHA on the 
volume and performance of the mortgages it has insured through the end 
of fiscal year 2012 to calculate a loss reserve for FHA in the manner 
of a PMI. Specifically, FHA provided data on the amortized insurance-
in-force on loans that were 90 or more days delinquent or in 
foreclosure as well as the assumptions used in the President's budget 
on the percentage of those loans that will eventually result in a 
claim and the estimated loss severity. We also analyzed FHA data on 
its risk-in-force on performing loans, estimated recovery rates, and 
total amortized insurance-in-force as of the end of fiscal year 2012 
to calculate the dollar amount of capital that FHA would need under 
PMI capital requirements. To assess the reliability of the data we 
obtained from FHA, we conducted reasonableness checks on data elements 
and discussed the sources and interpretation of the data with FHA 
officials. We determined that the data we used were sufficiently 
reliable for purposes of characterizing the financial condition of the 
Fund. In addition, we interviewed mortgage insurance regulators in the 
selected states to identify the information PMIs report under their 
current practices and requirements that regulators find useful in 
assessing financial condition. Additionally, to determine whether 
features of the PMI regulatory framework could enhance Fund oversight, 
we interviewed FHA officials, major PMIs, and other industry analysts 
to obtain their perspectives on the potential for increasing 
transparency and better understanding the Fund's financial condition. 
We also identified relevant criteria in GAO's Standards for Internal 
Control in the Federal Government and Internal Control Management and 
Evaluation Tool as well as examples of remediation plan requirements 
enacted by Congress for other financial institutions and government 
entities.[Footnote 53] 

We conducted this performance audit from February 2013 to September 
2013 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 Department of Housing and Urban 
Development: 

U.S. Department Of Housing And Urban Development: 
Assistant Secretary For Housing--Federal Housing Commissioner: 
Washington, DC 20410-8000: 

August 19, 2013: 

Mr. Mathew J. Scirè: 
Director:
Financial Markets and Community Investment: 
Government Accountability Office: 
441 G Street, NW: 
Washington, DC 20548-0001: 

Dear Mr. Scirè: 

Thank you for the opportunity to respond to the draft GAO -13-722 
report of July 29, 2013, entitled, "FHA Mortgage Insurance: 
Applicability of Industry Requirements Is Limited, but Certain 
Features Could Enhance Oversight." This letter is in response to the 
Recommendation for Executive Action in the draft. 

Recommendation: 

To provide additional perspective on the Fund's financial status, FHA 
should disclose estimates of the individual cash flows associated with 
the liability for loan guarantees (premiums, claims, and recoveries), 
including their value for each year of the 30-year estimation period. 

HUD Response: 

FHA agrees with the recommendation to disclose the liability for loan 
guarantees in terms of premiums, claims and recoveries. However, FHA 
suggests an alternative to the 30-year estimation period to ensure the 
best possible accuracy and to provide data that will best indicate 
future cash flow. FHA suggests that the guarantees be split into 
delinquent versus performing, which implicitly breaks down losses into 
the near-term—those arising from currently delinquent loans, and the 
longer term—reflecting potential loss projections on currently 
performing loans. FHA believes that such an approach will give a 
clearer picture of the Fund's financial status at a given point in 
time. 

We appreciate the efforts of the GAO to review our work and progress 
to strengthen the MMI Fund, and welcome future recommendations that 
will support those efforts. 

Sincerely, 

Signed by: 

Carol J. Galante: 
Assistant Secretary for Housing--Federal Housing Commissioner: 

[End of section] 

Appendix III: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

Mathew J. Scirè, (202) 512-8678 or sciremj@gao.gov: 

Staff Acknowledgments: 

In addition to the contact named above, Robert Dacey (Chief 
Accountant), Marcia Carlsen and Steve Westley (Assistant Directors), 
Anne Akin, Don Brown, Stephen Brown, Jason Kelly, Melissa Kornblau, 
Aaron Livernois, John McGrail, Barbara Roesmann, Jena Sinkfield, 
Andrew Stavisky, and Frank Todisco made key contributions to this 
report. 

[End of section] 

Footnotes: 

[1] The enterprises bundle the mortgages into securities and guarantee 
the timely payment of principal and interest to investors in the 
securities. On September 6, 2008, the enterprises were placed under 
federal conservatorship because of concern that their deteriorating 
financial condition threatened the stability of financial markets. 

[2] Considering FHA's financial difficulties, as well as continuing 
uncertainty over the resolution of Fannie Mae and Freddie Mac and the 
potential impact of their resolution on FHA, in February 2013 we 
included FHA in a high-risk area called "modernizing the U.S. 
financial regulatory system and the federal role in housing finance." 
Every 2 years, we provide Congress with an update on our High-Risk 
Program, which highlights major areas that are at high risk for fraud, 
waste, abuse, or mismanagement, or need broad reform. We previously 
had identified "modernizing the U.S. financial regulatory system" as a 
high-risk area and included a discussion of concerns about the 
resolution of Fannie Mae and Freddie Mac. See GAO, High-Risk Series: 
An Update, [hyperlink, http://www.gao.gov/products/GAO-13-283] 
(Washington, D.C.: Feb. 14, 2013). 

[3] GAO, Federal Housing Administration: Analysis of Options for 
Modifying Its Products, Market Presence, and Powers, [hyperlink, 
http://www.gao.gov/products/GAO-13-682] (Washington, D.C.: Sept. 9, 
2013). 

[4] With forward mortgages, the borrower's monthly loan payments to 
the lender add to the borrower's home equity and decrease the loan 
balance. FHA also insures reverse mortgages that permit persons 62 
years and older to convert their home equity into cash advances. With 
reverse mortgages, the borrower receives payments from the lender. The 
lender adds the principal and interest to the loan balance, reducing 
the homeowner's equity. This report focuses on forward mortgages 
because PMIs do not insure reverse mortgages. 

[5] These states were the domiciliary states and primary regulators 
for PMIs that, according to industry data, accounted for 90 percent of 
the mortgages insured by PMIs in 2012. 

[6] The Department of Veterans Affairs (VA) and the Department of 
Agriculture's Rural Housing Service (RHS) administer the other two 
federal programs that guarantee single-family mortgages. RHS operates 
the government's smallest mortgage guarantee program. 

[7] Amortized insurance-in-force is the remaining principal balance on 
all insured loans outstanding. This represents FHA's potential risk 
because FHA's insurance covers 100 percent of the loan balance. 

[8] Pub. L. No. 101-508, § 2105. 

[9] As we will discuss later in this report, the Fund's economic value 
is defined as its existing net capital resources plus the estimated 
present value of future net cash flows of existing insured loans. The 
Fund's capital ratio is the economic value of the Fund divided by the 
amortized insurance-in-force. 

[10] Pub. L. No. 110-289, § 2118. 

[11] Pub. L. No. 101-508. 

[12] Present value expresses the worth of a future stream of cash 
inflows and outflows in terms of an equivalent lump sum received (or 
paid) today. Net present value is the present value of estimated 
future cash inflows minus the present value of estimated future cash 
outflows. Because the cash flows occur in the future, they must be 
discounted to determine their net present values. To do this, Office 
of Management and Budget guidance requires FHA to use discount rates 
that are based on interest rates for U.S. Treasury securities. 

[13] The Fund also has a program account, which receives 
appropriations for the administrative and subsidy costs of a credit 
program and records the budget authority and outlays for these costs. 
The program account is used to pay the associated subsidy cost to the 
financing account when a guaranteed loan is disbursed. 

[14] The term "generally accepted accounting principles" has a 
specific meaning for accountants and auditors. The American Institute 
of Certified Public Accountants Council has designated FASAB as the 
independent body that establishes generally accepted accounting 
principles for federal entities. 

[15] The VA and RHS single-family mortgage guarantee programs also 
follow federal GAAP. 

[16] The liability for loan guarantees applies to insurance 
commitments made on or after October 1, 1991. 

[17] Promontory Financial Group, LLC, The Role of Private Mortgage 
Insurance in the U.S. Housing Finance System, a report prepared at the 
request of Genworth Financial, Inc., January 2011. 

[18] The National Association of Insurance Commissioners is the 
voluntary association of the heads of insurance departments from the 
50 states, the District of Columbia, and five U.S. territories. While 
it does not regulate insurers, according to association officials, it 
does provide services designed to make certain interactions between 
insurers and regulators more efficient. According to the association, 
these services include providing detailed insurance data to help 
regulators analyze insurance sales and practices; maintaining a range 
of databases useful to regulators; and coordinating regulatory efforts 
by providing guidance, model laws and regulations, and information-
sharing tools. 

[19] We previously described some of the differences between private 
GAAP and statutory accounting principles in the context of risk 
retention groups. See appendix III in GAO, Risk Retention Groups: 
Common Regulatory Standards and Greater Member Protections Are Needed, 
[hyperlink, http://www.gao.gov/products/GAO-05-536] (Washington, D.C.: 
Aug. 15, 2005). 

[20] FHA may recover a portion of each claim amount through 
disposition methods including sales of foreclosed properties. FHA 
estimates that its claim payout net of recoveries is generally between 
50 and 75 percent of the balance of a guaranteed loan. PMI coverage 
limits are generally imposed by state law. 

[21] According to a representative of the Mortgage Insurance Companies 
of America, a PMI trade association, about 25 percent of insured 
borrowers pay for mortgage insurance with a single premium. 

[22] Borrowers purchasing a home with an FHA-insured mortgage are 
required by statute to make a cash investment of at least 3.5 percent 
of the current purchase price. This investment may come from the 
borrowers' own funds or from certain third-party sources. 

[23] The debt service-to-income ratio represents the percentage of a 
borrower's income that goes toward all recurring debt payments, 
including mortgage payments. 

[24] 12 U.S.C. § 1708(a)(7). 

[25] GAO, Homeownership: FHA's Role in Helping People Obtain 
Mortgages, [hyperlink, http://www.gao.gov/products/GAO/RCED-96-123] 
(Washington, D.C.: Aug. 13, 1996). 

[26] These data may somewhat overstate FHA's share of the insured 
market because they do not include loans guaranteed by RHS. Data from 
HUD's U.S. Housing Market Conditions, which capture the number of 
loans insured annually, also show a sharp decline in FHA's market 
share over that period (from 72 percent in 2009 to 57 percent in 2012) 
but also may overstate FHA's market share because they do not include 
loans guaranteed by RHS or mortgages insured by all PMIs. 

[27] We focus on PMI requirements under statutory accounting 
principles rather than private-sector GAAP because they are the 
requirements used by regulators to assess solvency. 

[28] According to PMI representatives and state insurance regulators, 
the countercyclical purpose of the contingency reserve is to build up 
capital during periods when losses are minimal to protect 
policyholders against losses during periods of extreme economic 
contraction. 

[29] Statutory surplus consists of capital stock, gross paid-in and 
contributed surplus, and unassigned funds (surplus), among other 
items. Components of unassigned funds (surplus) include net income or 
retained earnings (which increase it) and dividends to stockholders 
(which reduce it). Changes to the contingency reserve are recorded 
against unassigned funds (surplus)--for example, funds released from 
the contingency reserve increase it. However, the contingency reserve 
is considered capital in determining a PMI's risk-to-capital ratio, as 
discussed later in this report. 

[30] Although the type of calculation is similar, FHA and PMIs may use 
different economic assumptions to perform the calculations. 

[31] In circumstances when a premium deficiency reserve is necessary, 
a PMI's total reserves would be conceptually equivalent to a liability 
for loan guarantees. In circumstances when a premium deficiency 
reserve is not necessary, a PMI's total reserves conceptually would 
exceed a liability for loan guarantees. However, as noted earlier, FHA 
and PMIs may use different economic assumptions to perform the 
calculations. 

[32] As noted earlier, the remaining principal balance on all insured 
loans in the Fund represents FHA's potential risk because FHA's 
insurance covers 100 percent of the loan balance. 

[33] Thirty-four states do not have specific capital requirements for 
PMIs. Because PMIs operate nationally, they are all effectively 
subject to both the risk-to-capital ratio and MPP requirements. 

[34] Risk-in-force on performing loans is equal to total risk-in-force 
minus risk-in-force on delinquent loans minus risk-in-force on ceded 
reinsurance contracts. Reinsurance is the practice of ceding a portion 
of a PMI's risk (with corresponding premiums) to another insurance 
company as a means of risk management. 

[35] In fiscal year 2009, the reverse mortgage program was added to 
the Fund. Since then, the 2 percent statutory requirement has applied 
to forward and reverse mortgages combined. 

[36] The baseline estimate is an average of 100 separate estimates 
based on 100 stochastically-generated scenarios of future economic 
conditions. Some of these scenarios generate significantly better or 
significantly worse outcomes than this baseline average. 

[37] GAO, Mortgage Financing: FHA's Fund Has Grown, but Options for 
Drawing on the Fund Have Uncertain Outcomes, [hyperlink, 
http://www.gao.gov/products/GAO-01-460] (Washington, D.C.: Feb. 28, 
2001). 

[38] For example, see H.R. 3995, 107th Cong. (2002). 

[39] As noted earlier, upward reestimates reflect increases in credit 
subsidy costs (or lower lifetime net revenues). 

[40] In some situations where PMIs were not granted state waivers, 
they established subsidiaries to conduct business in that state, 
subject to the approval of the PMI's domiciliary state and the 
subsidiary's ability to meet the requirements of the state in which it 
will conduct business. 

[41] H.R. 4264, the FHA Emergency Fiscal Solvency Act of 2012, was 
introduced in the House of Representatives in March 2012 and passed 
the House of Representatives on September 11, 2012. It was referred to 
the Senate, but was not voted on. H.R. 1145, the FHA Emergency Fiscal 
Solvency Act of 2013, was introduced in the House of Representatives 
in March 2013; H.R. 2767, the Protecting American Taxpayers and 
Homeowners Act of 2013, was introduced in the House of Representatives 
in July 2013; and S. 1376, the FHA Solvency Act of 2013, was 
introduced in the Senate in July 2013. 

[42] Although the purpose of the loss reserve has limited 
applicability to FHA, it is nevertheless possible to calculate a loss 
reserve amount for the Fund. According to FHA data, the risk-in-force 
for loans 90 days or more delinquent or in foreclosure or bankruptcy 
as of September 30, 2012, was $107.7 billion. According to FHA, the 
estimated transition-to-claim rate for those loans was nearly 72 
percent, and the estimated loss severity was about 61 percent. Using 
these data, the loss reserve would have been $47 billion as of 
September 30, 2012. 

[43] FHA likely exceeded the 35 percent threshold because (1) although 
FHA does not calculate incurred losses or earned premiums as a PMI 
does, FHA's claims payments as a percentage of premiums collected have 
exceeded 40 percent each year dating back to fiscal year 2000; and (2) 
our review of PMI financial statements indicated that using claims 
payments as a percentage of premiums collected (instead of incurred 
losses as a percentage of earned premiums) would tend to understate 
the actual loss ratio. 

[44] Nevertheless, because PMI capital requirements are expressed as a 
proportion of either risk-in-force or unamortized insurance-in-force, 
it is possible to calculate the dollar amount of capital that FHA 
would need under these requirements. For example, according to FHA 
data, as of September 30, 2012, FHA had a risk-in-force on performing 
loans of $961.3 billion. Applying a 25: 1 risk-to-capital ratio to 
this amount, FHA would need $38.4 billion in capital. However, because 
FHA makes recoveries on foreclosed properties, FHA's effective risk-in-
force could be 30-35 percent lower. If FHA's risk-in-force was reduced 
by this amount, FHA would need from $25.0 billion to $26.9 billion in 
capital. However, for the reasons previously cited, calculating FHA's 
actual capital level using the PMI definition of capital is 
problematic. 

[45] The capital stock amount represents the number of authorized 
shares of capital stock issued multiplied by the par value of each 
share, as set forth in the articles of incorporation. Gross paid-in 
and contributed surplus is the amount of capital received in excess of 
the par value of the stock issued. 

[46] The net position of the Fund is reflected in the capital reserve 
account balance, which holds (in present value terms) the estimated 
lifetime revenues in excess of estimated lifetime losses across all 
loan cohorts. 

[47] As previously noted, PMIs generally do not take possession of 
foreclosed properties and therefore do not make recoveries. 

[48] FHA based this conclusion on simulations of economic scenarios 
and projected FHA mortgage volume, which showed a nearly 95 percent 
chance that the forward loan component of the Fund would have positive 
capital resources each year over the next 7 years. 

[49] Social insurance programs, such as Social Security and Medicare, 
report projections of cash flows as supplemental information to the 
consolidated financial statements of the U.S. government. See GAO, 
Financial Audit: U.S. Government's Fiscal Years 2012 and 2011 
Consolidated Financial Statements, [hyperlink, 
http://www.gao.gov/products/GAO-13-271R] (Washington, D.C.: Jan. 17, 
2013). 

[50] GAO, Standards for Internal Control in the Federal Government, 
[hyperlink, http://www.gao.gov/products/GAO/AIMD-00-21.3.1] 
(Washington, D.C.: November 1999) and Internal Control Management and 
Evaluation Tool, [hyperlink, http://www.gao.gov/products/GAO-01-1008G] 
(Washington, D.C.: August 2001). 

[51] Pub. L. No. 109-171, § 2108. 

[52] Pub. L. No. 111-203, § 166. 

[53] GAO, Standards for Internal Control in the Federal Government, 
[hyperlink, http://www.gao.gov/products/GAO/AIMD-00-21.3.1] 
(Washington, D.C.: November 1999) and Internal Control Management and 
Evaluation Tool, [hyperlink, http://www.gao.gov/products/GAO-01-1008G] 
(Washington, D.C.: August 2001). 

[End of section] 

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