Overview
Title
To make housing more affordable, and for other purposes.
ELI5 AI
H. R. 2038 is a plan to make houses cheaper by giving money to help build affordable homes, stopping unfair house selling, and making sure banks help people with less money.
Summary AI
H. R. 2038, known as the "American Housing and Economic Mobility Act of 2025," aims to make housing more affordable in the United States by providing grants to support local housing initiatives, investing in affordable housing infrastructure, and removing barriers to building affordable housing. The bill addresses housing discrimination by establishing programs to support first-time homebuyers from disadvantaged backgrounds and implementing measures to reverse the legacy of housing discrimination. It also proposes changes to the Community Reinvestment Act to ensure financial institutions support low- and moderate-income communities, and introduces estate tax reforms to increase revenue from wealthy estates. Lastly, it enforces stricter accessibility requirements for housing projects funded under the act.
Published
Keywords AI
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Bill Statistics
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AnalysisAI
The American Housing and Economic Mobility Act of 2025 introduces a range of initiatives aimed at making housing more affordable, addressing historical housing discrimination, and strengthening housing assistance programs. The bill also proposes changes to existing tax policies, particularly regarding estate taxes. It is set to bring about significant changes in how housing affordability issues are addressed and aims to promote equitable access to housing resources and financial institutions. However, several concerns have been raised regarding the language and provisions in the bill, which could impact its implementation.
Summary of Significant Issues
One of the primary concerns is the broad language used in key sections of the bill. For instance, terms like "eligible entity" and "recognized green building rating system" in Section 101 are not specifically defined, which could lead to potential favoritism towards better-resourced entities during the grant allocation process. This could result in inequitable distribution of funds meant for affordable housing, impacting communities that need them the most.
In Section 102, the enormous annual appropriations to the Housing Trust Fund and related funds lack specific oversight measures. This raises a significant risk of wasteful spending or misuse, as there are no clear guidelines on monitoring the proper utilization of these funds.
Section 259 places restrictive conditions on the sale of real estate-owned properties, mandating that a significant percentage must be sold to owner-occupants or community partners. While aiming to benefit low- and moderate-income homeowners, this restriction might reduce market efficiency and discourage investment, as there is no clarity on how compliance will be enforced.
Sections related to tax reforms, such as those involving grantor retained annuity trusts and transfer taxes on trusts, present complex language and conditions that may prove challenging for individuals without financial expertise. This complexity could result in inconsistent application of the law and potential loopholes being exploited.
Impact on the Public and Stakeholders
Broadly, the bill has the potential to positively impact the public by making housing more affordable and accessible, especially for low- and middle-income families. Programs designed to prevent tenant displacement and promote investments in affordable housing infrastructure could improve living conditions for many Americans. Additionally, initiatives to address historical housing discrimination may increase fairness in housing markets.
However, specific stakeholders might face challenges. For financial institutions, the strengthened requirements under the Community Reinvestment Act could increase regulatory burdens and necessitate greater involvement in community investments. Meanwhile, smaller trusts might find the new tax rules burdensome, particularly regarding minimum term requirements and valuation stipulations.
Public housing agencies face considerable administrative and financial burdens under the new requirements for regional planning and analysis of housing access. Without clear funding provisions, these agencies may struggle to effectively implement the bill's initiatives.
Overall, while well-intended, the bill's vague terms, lack of oversight provisions, and complex tax rules might hinder its full potential. To maximize the bill’s positive impact, clearer definitions, targeted oversight, and sufficient support for local agencies are necessary. Stakeholders must prepare for the administrative demands and potential financial implications that this bill entails.
Financial Assessment
The proposed bill, known as the "American Housing and Economic Mobility Act of 2025," outlines several key financial allocations intended to make housing more accessible and affordable. However, certain financial references within the bill give rise to concerns regarding oversight, effectiveness, and fairness in fund distribution.
Financial Allocations Summary
Sections 101 and 102 of the bill propose significant financial allocations. Section 101 authorizes appropriations of $2,000,000,000 annually from 2025 through 2029 for local housing innovation grants. These grants aim to support eligible entities, such as states, local governments, and Indian tribes, in reforming land use restrictions and building affordable housing.
Section 102 includes even larger sums, authorizing $48,000,000,000 annually from 2025 through 2034 for the Housing Trust Fund. Additionally, $3,000,000,000 per year is allocated to the Capital Magnet Fund for the same period. Other allocations include $70,000,000,000 for public housing capital funds in fiscal year 2025, $2,500,000,000 for Indian housing block grants in the same year, and $50,000,000 for the Native Hawaiian housing block grant program. For rural housing programs, a total of $984,000,000 is appropriated for fiscal year 2025.
The Middle Class Housing Emergency Fund is also funded with $4,000,000,000 for fiscal year 2025, highlighting a comprehensive financial commitment aimed at addressing housing shortages and affordability issues across different communities.
Financial Allocations and Identified Issues
A prominent issue with these financial allocations, particularly highlighted in Issue 2, is the lack of specific oversight or accountability measures. The authorization of $48 billion annually for the Housing Trust Fund could lead to inefficiencies or misuse unless substantial oversight mechanisms are put in place. This concern is crucial to ensure that taxpayer money is spent effectively and reaches the intended recipients.
Issue 1 underscores the concern about the broad language defining "eligible entities" and other terms, which could favor well-resourced areas and lead to biased fund allocation. This raises questions about equitable access to the allocated financial resources, which are intended to support affordable housing solutions in various communities.
Furthermore, Issue 10 addresses the risk involved in relying on self-attestation for eligibility criteria, as seen in Section 201. Without stringent verification methods, there's a potential risk of fraudulent claims that might drain allocated financial resources, thereby affecting the overall effectiveness of the program.
Overall, while the bill sets out substantial financial commitments to improve housing affordability, the commentary highlights critical areas where clarity and additional measures are necessary to ensure that these funds are used effectively. Such measures would help prevent inefficiencies and ensure that the intended beneficiaries are appropriately supported through these financial allocations.
Issues
The broad language used in defining terms such as 'eligible entity' and 'recognized green building rating system' in Sec. 101 raises concerns about potential misuse, favoring well-resourced entities over those in need of grants. This could lead to biased allocation of funds and limit opportunities for less-resourced areas, impacting equitable access to affordable housing solutions.
The lack of specific oversight or accountability measures in Sec. 102 for the enormous $48 billion annual appropriation to the Housing Trust Fund and other funds creates a risk of misuse or inefficiencies, potentially leading to unchecked or wasteful spending of taxpayer money.
The provisions in Sec. 259 requiring 75% of real estate-owned properties to be sold to owner-occupants or community partners appear overly restrictive and may limit market efficiency, while no clear metric for tracking compliance is provided.
The conditions outlined in Sec. 259, which limit property resale without Secretary approval for up to 15 years, might deter investment in these properties and reduce market fluidity. Additionally, there is ambiguity around the enforcement of compliance requirements if these conditions aren't met.
In Sec. 2901, the complexity and ambiguity related to 'deemed owner' definitions and conditions for trust assets increase the risk of misinterpretation or inconsistent application, leading to potential legal disputes or tax compliance issues.
Sec. 302 introduces significant costs and administrative burdens to local public housing agencies without clear funding provisions, potentially impairing their ability to efficiently implement location analyses to promote higher opportunity areas.
The highly legalistic language used in Sec. 301, combined with vague definitions such as 'source of income', complicates the protection analysis under the Fair Housing Act, potentially leading to varied interpretations and difficulties in enforcement.
The new rules for grantor retained annuity trusts in Sec. 403, with required minimum 10-year terms and complex valuation mandates, may disproportionately affect smaller trusts and not account for beneficial restructuring opportunities.
Sec. 813 lacks clear guidelines on maintaining the list of community-based organizations and conducting outreach, which may lead to biased inclusions or missed opportunities for diverse stakeholder engagement in community banking initiatives.
Sec. 201's reliance on self-attestation for defining 'first-time' or 'first-generation homebuyer' presents a risk of fraudulent claims, which might lead to financial risks for lenders relying on such attestations.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title; table of contents Read Opens in new tab
Summary AI
The American Housing and Economic Mobility Act of 2025 outlines various initiatives aimed at making housing more affordable, addressing historical housing discrimination, and improving housing assistance programs. Additionally, it proposes reforms to estate tax rules and introduces accessibility requirements, all structured to enhance economic opportunities and fairness in housing.
101. Local housing innovation grants Read Opens in new tab
Summary AI
The section establishes a program where the Secretary of Housing and Urban Development will give grants to eligible entities, such as states or local governments, to lower costs and remove barriers for building affordable housing. These grants can be used for various activities like renovating school facilities or encouraging denser housing development, and must follow specific labor law requirements.
Money References
- (f) Authorization of appropriations.—There is authorized to be appropriated to carry out this section $2,000,000,000 for each of fiscal years 2025 through 2029.
102. Investing in affordable housing infrastructure Read Opens in new tab
Summary AI
The section outlines funding allocations for various housing programs and funds for fiscal years 2025 through 2034. It includes appropriations for the Housing Trust Fund, Capital Magnet Fund, Public Housing Capital Fund, and others, along with the creation of the Middle Class Housing Emergency Fund to address shortages in affordable housing and prevent tenant displacement.
Money References
- (a) Housing Trust Fund.—Section 1338(a) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4568(a)) is amended by adding at the end the following: “(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Housing Trust Fund $48,000,000,000 for each of fiscal years 2025 through 2034.”. (b) Capital Magnet Fund.—Section 1339 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4569) is amended by adding at the end the following: “(k) Authorization of appropriations.—There is authorized to be appropriated to the Capital Magnet Fund $3,000,000,000 for each of fiscal years 2025 through 2034.”. (c) Public housing capital fund.—Section 9(c)(2)(A) of the United States Housing Act of 1937 (42 U.S.C. 1437g(c)(2)(A)) is amended to read as follows: “(A) CAPITAL FUND.—For allocations of assistance from the Capital Fund, $70,000,000,000 for fiscal year 2025.”. (d) Indian housing block grant program.—Section 108 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4117) is amended— (1) by striking “such sums as may be necessary for each of fiscal years 2009 through 2013” and inserting “$2,500,000,000 for fiscal year 2025 and such sums as may be necessary for each of fiscal years 2026 through 2034”; and (2) by striking the second sentence.
- (e) Native Hawaiian housing block grant program.—Section 824 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4243) is amended by striking “such sums as may be necessary for each of fiscal years 2001, 2002, 2003, 2004, and 2005” and inserting “$50,000,000 for fiscal year 2025 and such sums as may be necessary for each of fiscal years 2026 through 2034”. (f) Rural housing programs.—Out of funds in the Treasury not otherwise appropriated, there is appropriated for fiscal year 2025— (1) to provide direct loans under section 502 of the Housing Act of 1949 (42 U.S.C. 1472), $420,000,000; (2) to provide assistance under section 514 of such Act (42 U.S.C. 1484), $54,000,000; (3) to provide assistance under section 515 of such Act (42 U.S.C. 1485), $420,000,000; (4) to provide assistance under section 516 of such Act (42 U.S.C. 1486), $75,000,000; (5) to provide grants under section 523 of such Act (42 U.S.C. 1490c), $75,000,000; and (6) to provide funding to carry out the Multifamily Preservation and Revitalization Demonstration Program of the Rural Housing Service (as authorized under sections 514, 515, and 516 of such Act (42 U.S.C. 1484, 1485, 1486)), $240,000,000.
- not otherwise appropriated, there is appropriated to the fund established under this subsection $4,000,000,000 for fiscal year 2025.
103. Conditions for the sale of real estate-owned properties and non-performing loans Read Opens in new tab
Summary AI
Congress has proposed rules to ensure that the relevant agencies prioritize selling foreclosed homes and non-performing loans to low- and moderate-income homeowners, as well as community partners planning to maintain the housing for such buyers. If properties or loans are sold under certain conditions, buyers and lenders must comply with fair housing practices and offer specific loss mitigation options to struggling borrowers, with limitations on resales to prevent predatory practices.
259. Sale of real estate-owned properties Read Opens in new tab
Summary AI
The section requires the Secretary to create programs ensuring that at least 75% of certain foreclosed homes are sold to people who will live in them or to non-profit groups that will fix them up and then sell them to people who will live in them. It also includes guidelines for an exclusive period where only certain buyers can bid on these homes and prevents resale through certain methods for 15 years without approval.
260. Sale of non-performing loans Read Opens in new tab
Summary AI
The section outlines the conditions and requirements under which the Secretary can sell or transfer non-performing mortgages insured under federal law. It emphasizes the need for lenders and servicers to review loss mitigation options, ensures borrowers are informed, and sets guidelines for auctions, prioritizing the sale of these mortgages to community partners, while protecting borrowers’ rights and ensuring a significant portion of foreclosed properties are used for affordable housing.
1329. Sale of re-performing loans Read Opens in new tab
Summary AI
An enterprise is not allowed to sell bulk groups of single-family re-performing loans unless priority is given to government and nonprofit groups that support housing. The process must include notifying borrowers of upcoming sales and ensuring buyers follow guidelines for helping borrowers who fall behind on payments. Data must be collected and reported to Congress, and there are penalties for buyers who don't comply with the rules.
201. Down payment assistance program for first-time, first-generation homebuyers Read Opens in new tab
Summary AI
The section establishes a down payment assistance program for first-time, first-generation homebuyers who meet certain income criteria. Eligible participants can receive grants for purchasing their primary home, and the program is managed by the Secretary of Housing and Urban Development. The use of these funds requires no additional proof beyond personal attestation, and the grants must be partially repaid if the home isn't used as the buyer's main residence for at least five years unless certain exceptions apply.
202. Formula grant program for communities with an appraisal gap Read Opens in new tab
Summary AI
This section establishes a program led by the Secretary of Housing and Urban Development to financially support States with neighborhoods facing an appraisal gap, where home prices are less than the cost to acquire or build. The program aims to assist borrowers in these areas by helping them pay down debts related to their homes and funding programs to improve or buy vacant properties, with a total of $5 billion authorized for this purpose for fiscal year 2025.
Money References
- (d) Authorization of appropriations.—There is authorized to be appropriated to carry out this section $5,000,000,000 for fiscal year 2025.
203. Strengthening the Community Reinvestment Act of 1977 Read Opens in new tab
Summary AI
The "Community Reinvestment Reform Act of 2025" amends the original Community Reinvestment Act of 1977 to strengthen the requirements for financial institutions to support low- and moderate-income communities. It introduces standards for assessing how well these institutions meet community credit needs, includes measures to evaluate investments in climate resiliency, and requires public input in certain financial activities. It also sets penalties for institutions that consistently perform poorly and mandates data collection and community involvement to ensure fair access to financial services.
Money References
- “(8) COMMUNITY DEVELOPMENT.—The term ‘community development’ includes— “(A) affordable housing for low- or moderate-income individuals and avoidance of patterns of lending resulting in the loss of affordable housing units and housing for low- and moderate-income individuals in high-opportunity areas; “(B) community development services, including counseling and successful mortgage or loan modifications of delinquent loans; “(C) activities that promote integration; “(D) activities that promote economic development by financing small businesses or farms that meet the size eligibility requirements of the development company or small business investment company programs under section 121.301 of title 13, Code of Federal Regulations, or any successor regulation, with an emphasis on small businesses that have gross annual revenues of not more than $1,000,000; “(E) activities that revitalize or stabilize— “(i) low- or moderate-income geographies; “(ii) designated disaster areas; “(iii) distressed or underserved nonmetropolitan middle-income geographies designated by the Federal Financial Institutions Examination Council, based on— “(I) rates of poverty, unemployment, and population loss; or “(II) population size, density, and dispersion, if those activities help to meet essential community needs, including the needs of low- and moderate-income individuals; or “(iv) other distressed or underserved communities; “(F) activities that promote physical, environmental, and sensory accessibility in housing stock that is integrated into the community; and “(G) other activities that promote the objectives of this title, as determined by the appropriate Federal financial supervisory agencies.
- “(17) INTERMEDIATE BANK.—The term ‘intermediate bank’ is a depository institution with assets of not less than $402,000,000 and less than $1,609,000,000, as adjusted annually for purposes of an examination under section 804.
- “(18) LARGE BANK.—The term ‘large bank’ is a depository institution with assets of not less than $1,609,000,000, as adjusted annually for purposes of an examination under section 804.
- “(23) SMALL BANK.—The term ‘small bank’ is a depository institution with assets of less than $402,000,000, as adjusted annually to take into account inflation for purposes of determining which institutions are subject to an examination under section 804.
- “(3) DEDUCTIONS FOR FOSSIL EXPANSION.— “(A) IN GENERAL.—As part of assessing a financial institution under paragraph (1), the appropriate Federal financial supervisory agency shall— “(i) determine the total dollar amount of loans and investments to fossil fuel companies for the purposes of fossil fuel expansion that were originated or held by the financial institution during the period covered by an examination under section 804; and “(ii) deduct not more than that total dollar amount from the reported community development loans and investments of the financial institution, both in the aggregate and at the local market, or assessment area, level.
- “(3) AUTHORITY TO ADJUST EXAMINATION AND SUPERVISORY FEES.—The appropriate Federal financial supervisory agencies shall have the authority to adjust the dollar amount of examination and supervisory fees, based in part on the rating of institutions under this section.
- “(c) Requirements.— “(1) IN GENERAL.—In connection with its examination of a regulated financial institution under subsection (a) or (b), the appropriate Federal financial supervisory agency shall— “(A) consider public comments received by the appropriate Federal financial supervisory agency regarding the record of the institution in meeting the credit or other financial needs of its entire community, including low- and moderate-income communities, and hold not less than 1 public hearing to receive comments for large banks with assets of not less than $50,000,000,000; and “(B) require— “(i) an improvement plan for an institution that receives a rating of ‘low satisfactory’ or lower on the written evaluation of the institution, or such a rating in any individual assessment area; and “(ii) the improvement plan described in clause (i) to result in the reasonable likelihood that the institution will obtain a rating of at least ‘high satisfactory’ in meeting community credit or other financial needs in the relevant measure on the next examination.
- “(4) DEPOSITS.—The appropriate Federal financial supervisory agencies shall— “(A) collect data from regulated financial institutions that reflects— “(i) the number of customers of those institutions that reside in categories of census tracts including low- and moderate-income census tracts or other distressed and underserved census tracts and the dollar amount of deposits of those customers; and “(ii) the number of small businesses that are located in the census tract categories described in clause (i); and “(B) consider the dissemination of the deposit data collected under subparagraph (A) by individual census tracts in addition to the categories described in that subparagraph.
- “(a) Depository institutions.—Each regulated financial institution that is not a U.S. nonbank mortgage originator shall form a separate Community Advisory Committee (which shall be composed of a diverse set of consumer, housing, community development, and other stakeholder groups) in each of the following: “(1) With respect to a depository institution with consolidated assets equal to or greater than $2,000,000,000 the branches of which are located in 1 census region, each metropolitan statistical area where the financial institution or any subsidiaries of the financial institution have a branch or other facility (including an automated teller machine) and each metropolitan statistical area where the financial institution has a substantial number of customers who maintain deposit accounts with the financial institution.
- “(2) With respect to a depository institution with consolidated assets equal to or greater than $2,000,000,000 the branches of which are located in more than 1 census region, each census division within each of the regions. “(3) With respect to a depository institution with consolidated assets of less than $2,000,000,000, each State where the financial institution or any subsidiaries of the financial institution are located. “(b) U.S. nonbank mortgage originators.—Each U.S. nonbank mortgage originator shall form a separate Community Advisory Committee (which shall be composed of a diverse set of consumer, housing, community development, and other stakeholder groups) in each of the following: “(1) With respect to a U.S. nonbank mortgage originator that is required to make a number of disclosures under the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2801 et seq.)
802. Findings and purpose Read Opens in new tab
Summary AI
Congress finds that financial institutions have a duty to serve the financial needs of their local communities, especially low- and moderate-income areas, by offering various financial services and loans. The purpose of this section is to ensure that federal agencies use their authority to make sure these institutions meet community needs while operating safely and soundly.
803. Definitions Read Opens in new tab
Summary AI
The provided section defines various terms related to banking and financial regulations, including what constitutes an "application for a deposit facility," "community development," and the categorization of banks based on asset size. It also explains terms concerning climate resiliency, fossil fuel activities, and the identification of underserved communities and populations, ensuring clarity on how these concepts apply to U.S. financial institutions.
Money References
- (8) COMMUNITY DEVELOPMENT.—The term “community development” includes— (A) affordable housing for low- or moderate-income individuals and avoidance of patterns of lending resulting in the loss of affordable housing units and housing for low- and moderate-income individuals in high-opportunity areas; (B) community development services, including counseling and successful mortgage or loan modifications of delinquent loans; (C) activities that promote integration; (D) activities that promote economic development by financing small businesses or farms that meet the size eligibility requirements of the development company or small business investment company programs under section 121.301 of title 13, Code of Federal Regulations, or any successor regulation, with an emphasis on small businesses that have gross annual revenues of not more than $1,000,000; (E) activities that revitalize or stabilize— (i) low- or moderate-income geographies; (ii) designated disaster areas; (iii) distressed or underserved nonmetropolitan middle-income geographies designated by the Federal Financial Institutions Examination Council, based on— (I) rates of poverty, unemployment, and population loss; or (II) population size, density, and dispersion, if those activities help to meet essential community needs, including the needs of low- and moderate-income individuals; or (iv) other distressed or underserved communities; (F) activities that promote physical, environmental, and sensory accessibility in housing stock that is integrated into the community; and (G) other activities that promote the objectives of this title, as determined by the appropriate Federal financial supervisory agencies.
- (17) INTERMEDIATE BANK.—The term “intermediate bank” is a depository institution with assets of not less than $402,000,000 and less than $1,609,000,000, as adjusted annually for purposes of an examination under section 804.
- (18) LARGE BANK.—The term “large bank” is a depository institution with assets of not less than $1,609,000,000, as adjusted annually for purposes of an examination under section 804.
- (23) SMALL BANK.—The term “small bank” is a depository institution with assets of less than $402,000,000, as adjusted annually to take into account inflation for purposes of determining which institutions are subject to an examination under section 804.
810. Data collection and reporting requirements Read Opens in new tab
Summary AI
The section outlines the data collection and reporting requirements for regulated financial institutions, which must collect and maintain data on consumer loans and community development activities, and provide this information to federal agencies. These agencies will then compile and publicly disclose aggregated loan data while ensuring individual privacy, and establish online systems for public access to this information.
Money References
- (4) DEPOSITS.—The appropriate Federal financial supervisory agencies shall— (A) collect data from regulated financial institutions that reflects— (i) the number of customers of those institutions that reside in categories of census tracts including low- and moderate-income census tracts or other distressed and underserved census tracts and the dollar amount of deposits of those customers; and (ii) the number of small businesses that are located in the census tract categories described in clause (i); and (B) consider the dissemination of the deposit data collected under subparagraph (A) by individual census tracts in addition to the categories described in that subparagraph. (b) Aggregate disclosure statements.
811. Community Advisory Committees Read Opens in new tab
Summary AI
Each regulated financial institution must create a Community Advisory Committee made up of diverse groups to provide input on serving community credit and deposit needs. Executives of these institutions must meet semi-annually with the committees to discuss their services and plans, focusing on inclusivity of various communities. Specific consultation is also required before companies can merge, open, or close branches, ensuring community interests are considered.
Money References
- (a) Depository institutions.—Each regulated financial institution that is not a U.S. nonbank mortgage originator shall form a separate Community Advisory Committee (which shall be composed of a diverse set of consumer, housing, community development, and other stakeholder groups) in each of the following: (1) With respect to a depository institution with consolidated assets equal to or greater than $2,000,000,000 the branches of which are located in 1 census region, each metropolitan statistical area where the financial institution or any subsidiaries of the financial institution have a branch or other facility (including an automated teller machine) and each metropolitan statistical area where the financial institution has a substantial number of customers who maintain deposit accounts with the financial institution. (2) With respect to a depository institution with consolidated assets equal to or greater than $2,000,000,000 the branches of which are located in more than 1 census region, each census division within each of the regions.
- (3) With respect to a depository institution with consolidated assets of less than $2,000,000,000, each State where the financial institution or any subsidiaries of the financial institution are located. (b) U.S. nonbank mortgage originators.—Each U.S. nonbank mortgage originator shall form a separate Community Advisory Committee (which shall be composed of a diverse set of consumer, housing, community development, and other stakeholder groups) in each of the following: (1) With respect to a U.S. nonbank mortgage originator that is required to make a number of disclosures under the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2801 et seq.)
812. Study on discrimination and disparities in access to credit Read Opens in new tab
Summary AI
The bill requires federal financial supervisory agencies to conduct a study every two years to find areas with ongoing discrimination or racial disparities in accessing credit and financial services. They must use various data sources, including public litigation information, and report their findings and policy recommendations to Congress to address these issues.
813. Public registries Read Opens in new tab
Summary AI
The public registries section requires federal financial agencies, through the Federal Financial Institutions Examination Council, to keep a list of community organizations and stakeholders who have commented on bank examinations and community needs. Additionally, they must engage with community groups to ensure diversity in geography, gender, race, and various needs like affordable housing and economic development facilities.
204. Amendments relating to credit union service to underserved areas Read Opens in new tab
Summary AI
The amendments to the Federal Credit Union Act aim to help credit unions serve underserved areas by defining what constitutes an "underserved area," allowing such credit unions to expand their membership to include residents and businesses in these areas, and requiring them to submit plans that address the financial needs of these communities. The amendments also establish reporting requirements to ensure credit unions comply with their plans, and they mandate that the National Credit Union Administration Board issue regulations to support these changes.
205. Raising public welfare caps Read Opens in new tab
Summary AI
The section amends existing laws to allow national and State member banks to invest in projects that benefit low- and moderate-income communities, like providing housing, services, or jobs, while setting limits on these investments based on the bank's financial condition to ensure they don't pose significant risks.
206. Temporary eligibility of certain direct descendants of certain veterans for housing loans guaranteed by the Secretary of Veterans Affairs Read Opens in new tab
Summary AI
During a specific period, certain direct descendants of deceased veterans, who served between June 22, 1944, and April 11, 1968, but did not receive housing loan benefits, may qualify for VA-guaranteed home loans. This eligibility includes living descendants who are first-time and first-generation homebuyers, with guidance on verifications and procedures to be established by the Secretary of Veterans Affairs.
301. Expanding rights under the Fair Housing Act Read Opens in new tab
Summary AI
The section expands and clarifies the Fair Housing Act by adding protections against discrimination based on sexual orientation, gender identity, marital status, source of income, and veteran status. It also ensures that certain programs assisting veterans or based on veteran status are not prohibited, while making clear that discrimination protections apply to both actual and perceived characteristics.
302. Improving outcomes in housing assistance programs Read Opens in new tab
Summary AI
The section aims to improve housing assistance programs by amending existing laws, encouraging public housing agencies to analyze and address barriers that prevent families from accessing better neighborhoods, and establishing policies for regional planning. It also allows public housing agencies to consolidate funding and collaborate to increase access to high-opportunity areas, while excluding certain agencies from specific flexibility provisions.
401. Amendment to Internal Revenue Code of 1986 Read Opens in new tab
Summary AI
Whenever a new amendment or repeal is mentioned in this bill, it should be understood as a change or removal of a part of the Internal Revenue Code of 1986, unless the bill specifically states otherwise.
402. Rate adjustment Read Opens in new tab
Summary AI
The section addresses changes to estate tax rates, with increased rates for large estates and a reduced basic exclusion amount of $3,500,000. It introduces a 10% surtax for estates exceeding $1 billion and specifies that these changes apply to the estates of people who pass away and certain transfers and gifts made after the law is enacted.
Money References
- is amended to read as follows:If the amount with respect to which the tentative tax to be computed is:The tentative tax is:Not over $13,000,00055 percent of such amount.
- Over $13,000,000 but not over $93,000,000$7,150,000, plus 60 percent of the excess of such amount over $13,000,000.
- Over $93,000,000$55,150,000, plus 65 percent of the excess of such amount over $93,000,000. (b) Reduction of basic exclusion amount.—Paragraph (3) of section 2010(c) is amended to read as follows: “(3) BASIC EXCLUSION AMOUNT.—For purposes of this subsection, the basic exclusion amount is $3,500,000.”. (c) Surtax on billion dollar estates.—Section 2001 is amended— (1) in subsection (b), by striking “The tax” and inserting “Subject to subsection (h), the tax”, and (2) by adding at the end the following new subsection: “(h) Surtax on billion dollar estates.— “(1) IN GENERAL.—In the case of a taxable estate for which the applicable amount is in excess of $1,000,000,000, the tax determined under subsection (b) shall be increased by an amount equal to 10 percent of such applicable amount.
403. Required minimum 10-year term, etc., for grantor retained annuity trusts Read Opens in new tab
Summary AI
Under the proposed changes, a grantor retained annuity trust must have terms where payments are fixed for at least ten years and do not decrease in value during that period, and a portion of the trust must be worth at least 10% of the total assets at the time of transfer. These changes will only apply to transfers made after the law is enacted.
404. Certain transfer tax rules applicable to grantor trusts Read Opens in new tab
Summary AI
This section introduces specific tax rules for certain grantor trusts, stating that if a person who is considered the owner of part of the trust dies, the value of those assets is added to their estate. Transfers made from the trust during the owner's life are treated as gifts that may be taxed, and any tax due is the trust's responsibility. These rules apply primarily to new trusts and certain transactions with existing trusts after the law is enacted.
2901. Application of transfer taxes Read Opens in new tab
Summary AI
This section outlines how transfer taxes apply to certain trusts by including specific assets in the estate of a deceased owner and treating some distributions as gifts. It specifies the situations these rules apply to, exceptions to the rules, who is considered the "deemed owner," and states that the trust is responsible for paying any taxes owed.
405. Elimination of generation-skipping transfer tax exemption for transfers to certain persons Read Opens in new tab
Summary AI
The section amends tax code rules by eliminating certain tax exemptions for money or assets passed to individuals who are not "exempt persons" or trusts fully owned by such individuals. It repeals part of a previous law, specifying that these changes begin immediately upon the law's enactment and apply to future transfers.
406. Simplifying gift tax exclusion for annual gifts Read Opens in new tab
Summary AI
The bill simplifies the gift tax exclusion by amending the limits and conditions under which gifts from a donor to individuals and certain types of transfers are excluded from taxation. It specifies a $10,000 exclusion limit per recipient annually and introduces an overall cap for certain transfers made by the donor, with these changes applying to any calendar year after the bill's enactment.
Money References
- (a) In general.—Paragraph (1) of section 2503(b) is amended to read as follows: “(1) IN GENERAL.— “(A) LIMIT PER DONEE.—In the case of gifts made to any person by the donor during the calendar year, the first $10,000 of such gifts to such person shall not, for purposes of subsection (a), be included in the total amount of gifts made during such year.
- “(B) CUMULATIVE LIMIT PER DONOR.— “(i) IN GENERAL.—The aggregate amount excluded under subparagraph (A) with respect to all transfers described in clause (ii) made by the donor during the calendar year shall not exceed twice the dollar amount in effect under such subparagraph for such calendar year.
407. Clarification regarding disallowance of step-up in basis for property held in certain grantor trusts Read Opens in new tab
Summary AI
The section explains that property held in certain grantor trusts will not benefit from a step-up in basis, meaning the property value adjustment won't apply when such property is transferred to the trust and remains outside the transferor's gross estate. It specifies that the changes apply to transfers made after the bill's enactment and clarifies that no conclusions should be made about transfers made before that date.
408. Limitation on discounts; valuation rules for certain transfers of nonbusiness assets Read Opens in new tab
Summary AI
The section describes new rules for transferring interests in entities, specifically focusing on discounts and valuing nonbusiness assets. It limits discounts on transfers controlled by family members and sets guidelines for valuing nonbusiness assets as if transferred directly, not allowing discounts for these types of assets.
2705. Limitation on discounts; valuation rules for certain transfers of nonbusiness assets Read Opens in new tab
Summary AI
In this section, the bill sets rules for how certain assets can be valued during transfers. It says no discounts will be given simply because family members control an asset, or because the asset is hard to sell. Also, if a business transfers assets that aren't used in everyday operations, these assets should be valued as if they were directly transferred without any discounts. Additionally, some assets like cash or stocks are considered passive and are not valued as business assets unless specific conditions are met.
409. Surcharge on high income estates and trusts Read Opens in new tab
Summary AI
The section introduces an additional tax, called a surcharge, on estates and trusts with high incomes. This surcharge is 5% on income over $200,000 and 3% on income over $500,000, and there are specific rules and exceptions, such as exemptions for charitable trusts and how the surcharge affects other tax calculations.
Money References
- “(a) General rule.—In the case of an estate or trust, there is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to the sum of— “(1) 5 percent of so much of the modified adjusted gross income of the taxpayer as exceeds $200,000, plus “(2) 3 percent of so much of the modified adjusted gross income of the taxpayer as exceeds $500,000.
59B. Surcharge on high income estates and trusts Read Opens in new tab
Summary AI
In this section, a surcharge tax on high income estates and trusts is introduced, requiring estates and trusts to pay an extra 5% tax on income over $200,000 and an additional 3% on income over $500,000. Some trusts, like charitable trusts and certain small business trusts, have special rules or exemptions, while the Secretary is tasked with issuing regulations to ensure the section's intentions are not avoided.
Money References
- (a) General rule.—In the case of an estate or trust, there is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to the sum of— (1) 5 percent of so much of the modified adjusted gross income of the taxpayer as exceeds $200,000, plus (2) 3 percent of so much of the modified adjusted gross income of the taxpayer as exceeds $500,000. (b) Modified adjusted gross income.—For purposes of this section— (1) IN GENERAL.—The term “modified adjusted gross income” means adjusted gross income reduced by any deduction (not taken into account in determining adjusted gross income) allowed for investment interest (as defined in section 163(d)) or business interest (as defined in section 163(j)).
410. Modification of rules for value of certain farm, etc., real property Read Opens in new tab
Summary AI
The bill section proposes changes to the Internal Revenue Code that increase the maximum value of certain real property, like farms, from $750,000 to $3,000,000. These adjustments will be tied to inflation starting from 2026, and the new rules will apply to estates of individuals who die, and gifts given, after December 31, 2025.
Money References
- In general.—Paragraph (2) of section 2032A(a) of the Internal Revenue Code of 1986 is amended by striking “$750,000” and inserting “$3,000,000”. (b) Inflation adjustment.—Paragraph (3) of section 2032A(a) of such Code is amended— (1) by striking “1998” and inserting “2026”, (2) by striking “$750,000” each place it appears and inserting “$3,000,000”, and (3) by striking “calendar year 1997” and inserting “calendar year 2025” in subparagraph (B). (c) Effective date.—The amendments made by this section shall apply to estates of decedents dying, and gifts made, after December 31, 2025. ---
411. Modification of estate tax rules with respect to land subject to conservation easements Read Opens in new tab
Summary AI
In this section, the rules for estate taxes on land with conservation easements are modified. The maximum exclusion amount increases from $500,000 to $2,000,000, and the applicable percentage changes from 40% to 60%. These changes will apply to people who pass away and gifts made after December 31, 2025.
Money References
- (a) Modification of exclusion limitation.—Subparagraph (B) of section 2031(c)(1) of the Internal Revenue Code of 1986 is amended by striking “$500,000” and inserting “$2,000,000”. (b) Modification of applicable percentage.—Paragraph (2) of section 2031(c) of the Internal Revenue Code of 1986 is amended by striking “40 percent” and inserting “60 percent”. (c) Effective date.—The amendments made by this section shall apply to estates of decedents dying, and gifts made, after December 31, 2025. ---
501. Accessibility requirements Read Opens in new tab
Summary AI
Under this section, when building or changing housing with funds from the Secretary of Housing and Urban Development, the number of units that need to be accessible for people with disabilities must be doubled compared to what current regulations require.