Overview

Title

An Act To establish a policy regarding appraisal and valuation services for real property for a transaction over which the Secretary of the Interior has jurisdiction, and for other purposes.

ELI5 AI

H.R. 5443 is about making rules for how to check how much land and buildings are worth when the government's Department of the Interior is involved. It allows people who do these checks to work anywhere in the country, even if they have a license in just one state, but they still need to follow all the laws.

Summary AI

H.R. 5443, titled the "Accelerating Appraisals and Conservation Efforts Act" or the "AACE Act," aims to simplify real estate appraisals for transactions overseen by the Secretary of the Interior. It allows appraisers to be licensed in just one state, yet perform appraisals nationwide, offering the Department more flexibility when hiring non-Federal appraisers. The bill also requires the Department to submit annual reports to Congress on their appraisal services, and makes related policies publicly accessible online. However, the bill maintains that appraisers must comply with existing state and federal laws, unless the transaction is under the Secretary's jurisdiction.

Published

2024-07-08
Congress: 118
Session: 2
Chamber: HOUSE
Status: Engrossed in House
Date: 2024-07-08
Package ID: BILLS-118hr5443eh

Bill Statistics

Size

Sections:
2
Words:
1,106
Pages:
8
Sentences:
23

Language

Nouns: 333
Verbs: 83
Adjectives: 96
Adverbs: 12
Numbers: 31
Entities: 64

Complexity

Average Token Length:
4.56
Average Sentence Length:
48.09
Token Entropy:
4.88
Readability (ARI):
27.72

AnalysisAI

The proposed legislation, known as the "Accelerating Appraisals and Conservation Efforts Act" or the "AACE Act," aims to streamline appraisal and valuation services for real property transactions under the jurisdiction of the Secretary of the Interior. The bill intends to enhance efficiency by allowing licensed or certified appraisers from any state to conduct appraisals for federal transactions nationwide, mitigating the need for separate state certifications.

General Summary of the Bill

The AACE Act simplifies the process of contracting appraisers by allowing those who are licensed or certified in just one state to perform appraisal services for federal transactions in any state. It mandates the Department of the Interior to use appraisers from the state where the property is located, when possible, and to produce annual reports to Congress evaluating the effectiveness and timeliness of appraisal services. Additionally, the bill requires the public availability of related procedural documents and policies to promote transparency.

Summary of Significant Issues

There are multiple concerns raised by the bill's provisions. Notably, allowing appraisers to work across state lines without multiple certifications (Section 2(a)) could lead to inconsistencies in appraisal standards, as each state has unique regulations. Moreover, the bill lacks a clear mechanism for determining when a non-Federal appraiser can be used (Section 2(b)(2)), potentially opening the door to misuse and arbitrary decision-making. The absence of penalties or incentives for timely completion of required reports (Section 2(c)) raises issues of accountability and oversight. Furthermore, public disclosure obligations (Section 2(e)) do not adequately address confidentiality risks, which could lead to exposure of sensitive information.

Impact on the Public

The general public may experience mixed impacts from the implementation of this bill. On one hand, the streamlined approach could lead to faster, more efficient appraisal processes for federal property transactions, potentially accelerating conservation and development efforts. On the other hand, inconsistencies and potential biases in the appraisal process could undermine trust in federal property evaluations, affecting market stability and the accuracy of property assessments.

Impact on Specific Stakeholders

For appraisers, particularly those based in states with lenient certification requirements, the bill could offer new opportunities to work on federal transactions outside their home state. This might increase competitiveness and encourage a wider pool of appraisers to participate in federal contracts. However, appraisers from states with more stringent standards might find their expertise undervalued, challenging the integrity of evaluations and competitive fairness.

Real estate stakeholders, including developers and conservationists, could benefit from expedited processes, facilitating quicker project approvals and potential cost savings. However, the risk of substandard appraisals due to variances in state guidelines could affect property value assessments, leading to financial discrepancies in transactions.

In conclusion, while the AACE Act proposes valuable efficiencies in appraisal services for federal transactions, careful consideration must be given to the potential risks of variability in appraisal standards and the protection of sensitive information. Addressing these issues is essential to ensure fair, competitive, and reliable property valuations under the Secretary of the Interior's jurisdiction.

Issues

  • The bill allows a non-Federal covered appraiser to perform appraisal services in states where they are not certified under certain conditions (Section 2(b)(2)). This could lead to inconsistent appraisal standards across different states and undermine the credibility of appraisals, which has significant implications for property transactions under the jurisdiction of the Secretary of the Interior.

  • There is no clear mechanism to determine or verify the conditions under which a non-Federal covered appraiser can be used as specified in subsection (b)(2) of Section 2. This ambiguity might lead to potential misuse or arbitrary decision-making in appointing appraisers, raising concerns about transparency and accountability.

  • Section 2(c) requires annual reporting to Congress but does not specify penalties for non-compliance or incentives for timely submission. This lack of enforcement measures could result in delays or omissions in reporting crucial data to Congress, affecting oversight and legislative efficacy.

  • There is no assessment of the financial implications of hiring non-Federal covered appraisers or the potential cost differences with Federal appraisers (Section 2). This omission could lead to unforeseen expenses and impact budget allocation and fiscal responsibility.

  • Section 2(e) mandates the public availability of all related policies and documents within 90 days but does not address data protection or sensitive information management. This oversight poses potential risks of exposing confidential material, which could have legal and ethical repercussions.

  • The term 'assignment qualified' used in subsection (b)(2)(B) of Section 2 is not clearly defined, leading to ambiguous interpretations that could affect standards and accountability in the appraisal process.

  • The provision in Section 2(a) allowing a covered appraiser to be licensed or certified in only one state could potentially lead to favoritism towards specific states or appraisers from specific states, influencing the fairness and competitiveness of the appraisal service market.

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 Read Opens in new tab

Summary AI

The first section of the Act states that it can be referred to as either the "Accelerating Appraisals and Conservation Efforts Act" or simply the "AACE Act".

2. Appraisal and valuation services for real property Read Opens in new tab

Summary AI

The section outlines that appraisers for real estate must be licensed or certified in at least one state to work on federal transactions anywhere in the U.S. It also requires the Department of the Interior to report annually on appraisal services, maintain public access to relevant policies, and ensures existing federal and state laws remain applicable except where noted.