Overview
Title
To make housing more affordable, and for other purposes.
ELI5 AI
The American Housing and Economic Mobility Act of 2024 is a plan to make homes cheaper for people by giving money to help change rules and build houses, helping people buy homes, and protecting fair housing rights, but it needs to be careful with money and rules so everything is fair and doesn't get messy.
Summary AI
H.R. 9245, known as the "American Housing and Economic Mobility Act of 2024," is designed to make housing more affordable in the United States. It proposes measures like granting funds to local entities to reduce housing costs, safeguarding low-income homeowners, reforming estate taxes, and enhancing fair housing rights. The bill also aims to improve access to high-opportunity areas for low-income families and addresses barriers to economic equality linked to housing policies.
Published
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Bill Statistics
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Language
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AnalysisAI
The "American Housing and Economic Mobility Act of 2024" is a legislative proposal aimed at making housing more affordable in the United States. The bill encompasses wide-ranging reforms targeting housing affordability, accessibility, and land use policies. It includes provisions for boosting affordable housing infrastructure, promoting fair housing, revising tax codes related to estates, and improving support for first-time homebuyers.
Key Elements of the Bill
The presence of local housing innovation grants and investment in affordable housing infrastructure offer significant avenues for stimulating affordable housing development. These grants seek to engage state and local governments, as well as Indian tribes, in rethinking land use strategies to lower housing costs. The bill also makes strides in equitable housing opportunities by expanding the Fair Housing Act to protect against discrimination based on gender identity, sexual orientation, and other characteristics.
The bill brings significant changes to estate tax laws, including adjustments in tax rates for estates of higher value. Additionally, it introduces new regulations around grantor trusts and valuation rules for nonbusiness assets, posing potential implications for wealthier individuals.
Significant Issues Highlighted
Several issues require consideration. The authorization of substantial funding for various programs, such as $2 billion annually for local housing innovation, could lead to concerns over the efficient and effective use of these funds without clear oversight mechanisms.
The section on down payment assistance for first-time homebuyers relies heavily on self-attestation without rigorous verification. This raises potential for misuse, where individuals who do not meet the criteria may wrongly receive assistance.
Complex legal and tax changes present in the bill might disproportionately impact higher-income stakeholders. These include changes in estate taxes, such as reduced exclusions and new surcharges, adding complexity and potential financial burdens on high-net-worth individuals.
Additionally, the bill includes numerous provisions that may impact financial institutions by introducing complex reporting and compliance requirements. These could lead to increased operational costs without guaranteed benefits, pointing to the need for a balanced approach.
Broad Impact on the Public
If implemented effectively, this bill could facilitate increased housing affordability, especially in urban areas where critical shortages persist. It might empower local governments and tribal entities to develop housing strategies that reflect local needs and conditions.
For specific stakeholders, the impacts differ. Financial institutions may find themselves adapting to the newly proposed reporting requirements under the strengthened Community Reinvestment Act and other regulations. Wealthier individuals could face greater tax liabilities due to estate tax revisions but might benefit from clearer rules and exclusions for estate planning.
Positive and Negative Stakeholder Impacts
Community organizations and social justice advocates may see the expansion of the Fair Housing Act as a positive move, promoting broader access to housing for historically marginalized groups. Conversely, real estate investors and developers might express concerns about restrictions on non-performing loan sales, which can limit market flexibility.
Credit unions aiming to expand services into underserved areas might be positively impacted by the bill's provisions, though the additional paperwork and reporting requirements could present challenges. Overall, the bill's ambition to make housing more affordable, equitable, and effective in serving the public good makes it a necessary step forward, though careful oversight and implementation strategies will be key to its success.
Financial Assessment
The American Housing and Economic Mobility Act of 2024, H.R. 9245, is a multifaceted legislative proposal that includes a variety of financial allocations aimed at enhancing housing affordability and addressing economic inequality related to housing. Below is an exploration of how funds are allocated within the bill and the potential issues they raise.
Financial Allocations and Spending
Title I, Section 101 authorizes a substantial appropriation of $2 billion annually for local housing innovation grants. These grants are designed to reform local land use restrictions and remove barriers to building affordable housing units. However, the broad criteria for eligible activities and initiatives could lead to ambiguity in fund distribution, raising concerns about potential for wasteful spending and subjective decision-making without sufficient oversight.
Title I, Section 102 provides for significant funding increases across several housing-related programs. For example, the Housing Trust Fund is authorized to receive $44.5 billion annually from 2025 to 2034, and the Capital Magnet Fund is allocated $2.5 billion annually over the same period. Indian housing programs and other rural housing programs also receive substantial allocations. Despite these increases, the bill lacks clear accountability or oversight mechanisms, which raises questions about the efficient and effective use of these funds.
Additionally, within this section, the creation of the Middle Class Housing Emergency Fund, designated $4 billion for fiscal year 2025, highlights potential transparency issues due to its broadly defined funding sources. This could lead to ambiguity about the fund’s limits and sources.
Title I, Section 103 sets conditions for selling real estate-owned properties and non-performing loans, aiming to prioritize community partners. While this approach is intended to preserve affordable housing, it could also restrict competitive bidding and reduce financial recovery.
Title II, Section 201 introduces a down payment assistance program for first-time and first-generation homebuyers. This program's reliance on self-attestation without additional verification could burden the fund, intended for eligible individuals, and potentially lead to misuse.
Relation to Identified Issues
One of the main issues identified involves the broad financial allocations without sufficient clarity regarding oversight and accountability mechanisms. This is evident in Titles I and II, which involve large sums of money allocated to various housing initiatives. The absence of clear metrics and oversight may result in inefficient use of resources and unintended financial consequences.
The bill’s extensive amendments on estate tax rules, particularly in Title IV, Sections 402 and 409, affect wealthier individuals by reducing the basic exclusion amount and imposing a surtax on billion-dollar estates. These measures may require additional justification to ensure fair treatment across different economic groups.
Similarly, Title II, Section 203, which strengthens the Community Reinvestment Act, adds complex legal language and extensive data reporting requirements. This could impose financial and operational burdens on financial institutions without delivering clear benefits, thereby complicating their compliance obligations and raising costs.
Overall, while the bill sets out ambitious goals for improving housing affordability and economic mobility, the financial elements require clearer oversight and accountability mechanisms to ensure that the allocated funds achieve their intended outcomes without leading to inefficiencies or misuse.
Issues
Title I, Section 101 authorizes a large appropriation of $2 billion annually for local housing innovation grants, which includes vague criteria for eligible activities and initiatives. This raises concerns over the potential for wasteful spending and subjective decision-making without sufficient oversight.
Title II, Section 201 introduces a program for down payment assistance to first-time and first-generation homebuyers, relying on self-attestation without additional verification. This lack of rigorous verification could lead to potential abuse or ineligible individuals receiving grants.
Title III, Section 301 expands rights under the Fair Housing Act, introducing new categories such as 'source of income' and 'sexual orientation and gender identity' as protected classes. This broad inclusion could result in complexities regarding applicability and varied enforcement challenges.
Title IV covers extensive amendments to estate tax rules, such as the new surcharge on high-income estates and trusts in Section 409, and changes to valuation and discounts rules in Section 408. These changes involve complex tax provisions that might disproportionately impact wealthier individuals and require careful interpretation.
Title I, Section 102 authorizes significant funding increases for various housing programs without clear accountability or oversight mechanisms, raising concerns about efficient and effective use of these funds.
Title II, Section 203 strengthens the Community Reinvestment Act of 1977, yet the complex legal language and extensive data reporting requirements may impose burdens on financial institutions, increasing operational costs without clear benefits.
Title IV, Section 402 reduces the basic exclusion amount for estate taxes and introduces a surtax on billion dollar estates, impacting high-net-worth individuals and requiring additional justification to ensure equitable treatment.
Title II, Section 202 establishes a formula grant program for communities with an appraisal gap but lacks clarity on oversight measures, which could lead to inconsistencies in fund distribution and application.
Title I, Section 103 outlines conditions for the sale of real estate-owned properties and non-performing loans, prioritizing community partners in sales. This could be perceived as restricting competitive bidding and potentially reducing financial recovery.
Title I, Section 102, Middle Class Housing Emergency Fund, broadly defines funding sources, potentially leading to ambiguity concerning the fund's limits and sources, raising transparency concerns.
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 2024" is a bill that aims to make housing more affordable, reverse the effects of housing discrimination, and remove barriers that separate communities. It includes provisions for local housing grants, adjustments to estate tax laws, and accessibility requirements for housing programs.
101. Local housing innovation grants Read Opens in new tab
Summary AI
The section outlines a plan for awarding grants to states, local governments, and Indian tribes to support innovative housing projects that reduce the costs and barriers to building affordable housing. It specifies eligible activities for grant use, requires adherence to labor laws, and authorizes $2 billion in funding annually from 2025 to 2029.
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
This section of the bill authorizes funding for various affordable housing programs in the United States, including the Housing Trust Fund, Capital Magnet Fund, and different housing grant programs for fiscal year 2025 through 2034. It also establishes the Middle Class Housing Emergency Fund to support the construction of affordable housing units and prevent tenant displacement, requiring fair wages for construction workers and mandating community consultation in housing projects.
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 $44,500,000,000 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 $2,500,000,000 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.
- (B) AUTHORITY AND FUNCTIONS.—With respect to the labor standards specified in subparagraph (A), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (6) REGULATIONS.—The Secretary of Housing and Urban Development shall promulgate regulations to carry out this subsection that include— (A) the metrics that the Secretary will use to determine eligibility for a grant under this subsection; (B) a requirement that grantees and subgrantees consult with impacted communities in policymaking and planning for the construction or acquisition of housing units as described in paragraph 4(A); and (C) a requirement that all housing units constructed or acquired using grants awarded under the subsection are affordable to residents making less than 120 percent of the area median income in perpetuity. (7) APPROPRIATIONS.—Out of funds in the Treasury 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
The proposed legislative section sets conditions for selling properties owned by federal housing agencies and outlines regulations for non-performing and re-performing loan transactions. It mandates priority sales to low- and moderate-income homeowners, community partners, or government entities, includes specific guidelines for notifications and loss mitigation options, and establishes data reporting requirements.
259. Sale of real estate-owned properties Read Opens in new tab
Summary AI
In this section, it is explained that within a year, the Federal Housing Administration must establish programs ensuring that at least 75% of certain foreclosed properties are sold to either owner-occupants or nonprofit organizations that will upgrade and resell them to owner-occupants. Additionally, it introduces restrictions to prevent the resale of these properties through contracts that don't transfer ownership within 15 years unless there's prior approval.
260. Sale of non-performing loans Read Opens in new tab
Summary AI
The section sets forth guidelines the Secretary must follow when selling or transferring certain home loans, called "covered mortgages." These guidelines include notifying borrowers, ensuring fair treatment during the process, and requiring safeguards to help people stay in their homes. Additionally, the section emphasizes selling foreclosed properties in ways that prioritize community development and affordable housing.
1329. Sale of re-performing loans Read Opens in new tab
Summary AI
The section outlines requirements for enterprises conducting bulk sales of re-performing single-family mortgage loans. It mandates priority for governments and nonprofits in purchasing these loans, requires detailed notifications and protections for borrowers, imposes specific conditions on loan purchasers, and sets rules for data reporting and consequences for noncompliance. Additionally, it mandates regular reports on the sales and their outcomes to Congress and the public.
201. Down payment assistance program for first-time homebuyers Read Opens in new tab
Summary AI
The Down Payment Assistance Program for First-Time Homebuyers establishes a fund to help eligible first-time and first-generation homebuyers with down payments on principal residences. It provides grants, requires minimal documentation for eligibility, includes regulations to ensure fund accessibility, and mandates that recipients repay the grant if they do not reside in the purchased property for at least five years unless specific hardships occur.
202. Formula grant program for communities with an appraisal gap Read Opens in new tab
Summary AI
The section establishes a grant program managed by the Secretary of Housing and Urban Development to help states support neighborhoods where the cost to acquire and fix up homes is greater than their sales prices. It provides financial aid to homeowners with negative equity and funds for rehabilitating properties to improve neighborhood value, using a $5 billion budget for 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
Section 203 seeks to enhance the Community Reinvestment Act of 1977 by setting new definitions and guidelines for financial institutions, with an emphasis on meeting the needs of low- and moderate-income communities. It introduces rules on loans, community development, environmental concerns, and enforces penalties for noncompliance, aiming to ensure fair access to financial services while promoting climate resilience.
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. “(9) DEPOSITORY INSTITUTION; DEPOSITORY INSTITUTION HOLDING COMPANY; INSURED DEPOSITORY INSTITUTION.—The terms ‘depository institution’, ‘depository institution holding company’, and ‘insured depository institution’ have the meanings given those terms in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813). “(10) ENTIRE COMMUNITY.—The
- “(17) INTERMEDIATE BANK.—The term ‘intermediate bank’ is a depository institution with assets between $391,000,000 and $1,564,000,000, as adjusted annually for purposes of an examination under section 804.
- — The term ‘large bank’ is a depository institution with assets of not less than $1,564,000,000, as adjusted annually for purposes of an examination under section 804.
- “(21) REGULATED FINANCIAL INSTITUTION.—The term ‘regulated financial institution’ means— “(A) an insured depository institution; “(B) a depository institution holding company; and “(C) a U.S. nonbank mortgage originator. “(22) SMALL BANK.—The term ‘small bank’ is a depository institution with assets of less than $391,000,000, as adjusted annually to take into account inflation for purposes of determining which institutions are subject to an examination under section 804.
- — “(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. “(B) ACTIVITIES.—The deduction described in subparagraph (A)(ii) may only be offset by financing by the institution of climate resiliency and disaster mitigation activities specifically targeted to underserved communities, such as— “(i) the development of climate resilient affordable housing, schools, and small businesses (as defined in paragraph (2)(C)); “(ii) clean electricity projects and microgrids; “(iii) nature-based protective infrastructure; “(iv) building decarbonization, which includes holistic home weatherization and health interventions; “(v) lending to green small businesses and companies with legitimate public decarbonization transition plans, strategies, and targets; “(vi) electric public transit and electric vehicle charging infrastructure; “(vii) investments in weatherization and climate resilience for local businesses; “(viii) operational and technical support and capacity building for environmental and climate justice organizations, including support for community groups active in environmental testing and training of community members to identify climate or environmental risks and opportunities in their communities; and “(ix) workforce development related to the transition away from fossil fuels, including activities to train workers on skills needed to participate in carbon-pollution-free energy sectors. “(4) PENALTIES FOR SUSTAINED FAILING PERFORMANCE.—A regulated financial institution other than a U.S. nonbank mortgage originator that receives overall performance ratings under this section of ‘needs to improve’ or ‘substantial noncompliance’ for 2 consecutive examinations shall be subject to the following penalties, as deemed applicable by the appropriate Federal financial supervisory agency: “(A) Restrictions on the institution’s growth (overall or in discrete areas), business activities, or payment of dividends, including restrictions on ability to sell loans originated by the institution to enterprises, as defined in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502). “(B) Recommendations to appropriate State agencies that State mortgage licenses be suspended or revoked with a statement of facts covering the justification for the recommended suspension or revocation.
- 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. “
- — “(A) IN GENERAL.—Each regulated financial institution shall collect and report to the appropriate Federal financial supervisory agency by March 1 of each year a list for each assessment area showing the geographies within the area. “(B) PUBLICATION.—The appropriate Federal financial supervisory agencies shall make the list of assessment areas reported by each regulated financial institution under subparagraph (A) publicly available on the part of the website of the appropriate Federal financial supervisory agency that contains information on this title. “(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.
802. Findings and purpose Read Opens in new tab
Summary AI
Congress has found that financial institutions must serve the needs of the communities they are part of, especially those with low to moderate income, by offering credit and other financial services. The purpose of this section is to ensure federal agencies check if these institutions fulfill their obligations to local communities while operating safely.
803. Definitions Read Opens in new tab
Summary AI
This section provides definitions for various terms related to financial institutions and activities, such as "application for a deposit facility", which includes various banking operations requiring federal approval, and "community development", which involves activities like affordable housing and economic development. It also defines terms related to environmental and economic impacts, like "climate resiliency and disaster mitigation" and "fossil fuel infrastructure", ensuring clarity in implementation and understanding of the law.
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. (9) DEPOSITORY INSTITUTION; DEPOSITORY INSTITUTION HOLDING COMPANY; INSURED DEPOSITORY INSTITUTION.—The terms “depository institution”, “depository institution holding company”, and “insured depository institution” have the meanings given those terms in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813). (10) ENTIRE COMMUNITY.—The term “entire community” means— (A) all of the assessment areas of a regulated financial institution; and (B) areas outside of assessment areas described in subparagraph (A) in which a regulated financial institution has made loans or received deposits. (11) ENUMERATED CONSUMER LAWS.—The term “enumerated consumer laws” has the meaning given the term in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481). (12) FOSSIL FUEL.—The term “fossil fuel” means coal, petroleum, methane gas (often referred to as “natural gas”), or any derivative of coal, petroleum, or methane gas that is used for fuel directly or indirectly, such as for generating electricity.
- (17) INTERMEDIATE BANK.—The term “intermediate bank” is a depository institution with assets between $391,000,000 and $1,564,000,000, 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 $1,564,000,000, as adjusted annually for purposes of an examination under section 804. (19)
- (21) REGULATED FINANCIAL INSTITUTION.—The term “regulated financial institution” means— (A) an insured depository institution; (B) a depository institution holding company; and (C) a U.S. nonbank mortgage originator. (22) SMALL BANK.—The term “small bank” is a depository institution with assets of less than $391,000,000, as adjusted annually to take into account inflation for purposes of determining which institutions are subject to an examination under section 804. (23) U.S. NONBANK MORTGAGE ORIGINATOR.—The term “U.S. nonbank mortgage originator” means a covered person subject to section 1024 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5514) that offers or provides— (A) origination of loans secured by real estate for use by consumers primarily for personal, family, or household purposes; or (B) loan modification or foreclosure relief services in connection with a loan described in subparagraph (A). ---
810. Data collection and reporting requirements Read Opens in new tab
Summary AI
In this section, financial institutions are required to collect and report data on various types of loans, deposits, and community development activities. The data must be made publicly accessible while protecting personal information, and each institution must provide information on their assessment areas, with federal agencies overseeing and disseminating aggregated disclosure statements.
Money References
- — (A) IN GENERAL.—Each regulated financial institution shall collect and report to the appropriate Federal financial supervisory agency by March 1 of each year a list for each assessment area showing the geographies within the area. (B) PUBLICATION.—The appropriate Federal financial supervisory agencies shall make the list of assessment areas reported by each regulated financial institution under subparagraph (A) publicly available on the part of the website of the appropriate Federal financial supervisory agency that contains information on this title. (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.
811. Community Advisory Committees Read Opens in new tab
Summary AI
Each regulated financial institution and U.S. nonbank mortgage originator must create Community Advisory Committees composed of various stakeholder groups to address the needs of different communities. These committees meet biannually with the institution's executives to discuss community needs, credit plans, and data related to lending and community services. Additionally, specific consultations are required for significant institutional changes like mergers or branch relocations.
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.
812. Study on discrimination and disparities in access to credit Read Opens in new tab
Summary AI
The section mandates a study, to be conducted every two years, by federal financial agencies to identify areas with racial discrimination or disparities in credit access and financial services. The findings and recommendations from the study are to be reported to relevant Senate and House committees.
813. Public registries Read Opens in new tab
Summary AI
The section mandates that federal financial agencies maintain a list of community organizations and other stakeholders who have provided feedback on certain financial examinations and applications. It also requires these agencies to engage with community groups to ensure diversity and address various community needs like affordable housing and economic development.
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 allow credit unions to serve underserved areas by defining these areas, setting requirements for credit unions to maintain services in them, and outlining reporting obligations. The act also requires the National Credit Union Administration Board to establish rules for these changes within a year.
205. Raising public welfare caps Read Opens in new tab
Summary AI
The section outlines amendments to the laws governing national and state member banks' ability to make investments that primarily benefit low- and moderate-income communities or families. It sets limits on these investments based on the bank's capital status to ensure that they don't pose a risk to deposit insurance funds. The amendments aim to promote public welfare while maintaining financial safety standards.
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 specified period, the bill allows certain direct descendants of deceased veterans, who served between June 22, 1944, and April 11, 1968, and did not receive housing loan benefits themselves, to be eligible for housing loans through the Department of Veterans Affairs, provided they are first-time and first-generation homebuyers. The Secretary of Veterans Affairs must set regulations for this process within 180 days of the bill's enactment, ensuring fair implementation and eligibility verification even when complete records are unavailable.
301. Expanding rights under the Fair Housing Act Read Opens in new tab
Summary AI
The section expands the Fair Housing Act to include protections against discrimination based on gender identity, marital status, sexual orientation, source of income, and veteran status. It clarifies that these amendments are meant to ensure consistency and prevent discrimination while allowing programs specifically for veterans.
302. Improving outcomes in housing assistance programs Read Opens in new tab
Summary AI
The section outlines improvements to housing assistance programs, including amendments to the Native American Housing Assistance and Self-Determination Act and the United States Housing Act to enhance access to better neighborhoods, encourage regional planning among public housing agencies, and support the consolidation of resources for greater efficiency and better outcomes for families, especially those with children or disabilities. It details requirements such as location analysis, consultation among agencies, and regulatory changes for public housing agency consortia while excluding some programs from certain flexibilities.
401. Amendment to Internal Revenue Code of 1986 Read Opens in new tab
Summary AI
Whenever this section of the bill talks about making changes to or removing parts of a law, it is specifically referring to changes in the Internal Revenue Code of 1986, unless it directly states otherwise.
402. Rate adjustment Read Opens in new tab
Summary AI
The section outlines changes to the estate tax, including increased tax rates for estates over certain amounts, a reduction of the basic exclusion amount to $3,500,000, and introducing a 10% surtax on estates exceeding $1 billion. These amendments affect estates of people who die, as well as transfers and gifts made, after the law is enacted.
Money References
- 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
The section amends rules for Grantor Retained Annuity Trusts, requiring a minimum term of 10 years and ensuring the fixed amounts received do not decrease during this period. Additionally, the remaining interest must be at least 10% of the trust's initial value, and these changes 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
The bill introduces new transfer tax rules for grantor trusts, which require that the assets in certain trusts be included in a deceased owner's gross estate for tax purposes and treats distributions as gifts. These rules are meant to prevent tax avoidance and apply to trusts created or modified after the bill's enactment.
2901. Application of transfer taxes Read Opens in new tab
Summary AI
In simple terms, this section explains when and how parts of a trust are subject to transfer taxes. If a person is considered the owner of a part of a trust, that part may be taxed when the person dies or when assets are given to beneficiaries. It also describes situations where the rules don't apply and states that the trust must pay any resulting taxes.
405. Elimination of generation-skipping transfer tax exemption for transfers to certain persons Read Opens in new tab
Summary AI
The section outlines changes to tax rules, eliminating certain exemptions from the generation-skipping transfer tax for transfers to individuals who are not considered "exempt persons," meaning someone not more than two generations removed from the transferor or someone older than the trust itself. It also describes specific rules for how the creation dates of trusts are determined and includes a provision for the creation of regulations to support these changes.
406. Simplifying gift tax exclusion for annual gifts Read Opens in new tab
Summary AI
The section simplifies the gift tax exclusion rules so that for gifts made by a person in a year, the first $10,000 given to each recipient is not counted towards the total taxable gifts, and places an overall limit on certain types of transfers like those into trusts or with restrictions on sale. Additionally, it removes a subsection of the existing law and allows the Treasury to create regulations to support these changes.
Money References
- “(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.
- — “(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 clarifies that property held in certain grantor trusts won't receive a step-up in basis, meaning its value for tax purposes won't be adjusted when transferred. It specifies that this rule applies if the property isn't part of the transferor's taxable estate when they pass away. This change affects transfers made after the law is enacted, and it doesn't imply any conclusions about earlier transfers.
408. Limitation on discounts; valuation rules for certain transfers of nonbusiness assets Read Opens in new tab
Summary AI
The section introduces a rule that limits discounts on the value of certain assets transferred within a family when they have control over the entity, excluding actively traded interests. It also specifies that nonbusiness assets, such as those not used in actively running a business, should be valued as if directly transferred to the recipient without discounts, clarifying what constitutes nonbusiness assets and detailing how such assets should be evaluated.
2705. Limitation on discounts; valuation rules for certain transfers of nonbusiness assets Read Opens in new tab
Summary AI
In this section, Congress outlines rules limiting valuation discounts for transfers of interests in entities held under family control and specifies how nonbusiness assets should be valued when transferred. It emphasizes that discounts cannot be applied simply because family members lack control or the asset is not easily sold, and it defines terms like "nonbusiness assets" while also clarifying how certain passive assets are treated in valuations.
409. Surcharge on high income estates and trusts Read Opens in new tab
Summary AI
The section introduces a new surcharge tax on high-income estates and trusts, applying additional tax rates of 5% on incomes over $200,000 and 3% on incomes over $500,000. It provides definitions and exceptions, such as exemptions for certain charitable trusts, and ensures compatibility with other tax provisions, stating that it applies to tax years starting after the enactment of the bill.
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 the case of an estate or trust, a new tax is applied which adds extra charges on high incomes above $200,000 and $500,000, based on percentages of modified adjusted gross income. This tax has special rules, such as exceptions for charitable trusts and certain small business trusts, and it does not affect some tax credit 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.
410. Modification of rules for value of certain farm, etc., real property Read Opens in new tab
Summary AI
The section modifies the Internal Revenue Code by increasing the maximum value at which certain farm and other real property can be valued from $750,000 to $3,000,000 for tax purposes. It also updates the references to inflation adjustment years and applies these changes to estates of individuals who pass away and gifts made after December 31, 2024.
Money References
- (a) 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 “2025”, (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 2024” 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, 2024. ---
411. Modification of estate tax rules with respect to land subject to conservation easements Read Opens in new tab
Summary AI
The section modifies estate tax rules for land under conservation easements by increasing the maximum exclusion limit from $500,000 to $2,000,000 and raising the applicable percentage from 40% to 60%. These changes will apply to estates of individuals who pass away and gifts made after December 31, 2024.
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”.
501. Accessibility requirements Read Opens in new tab
Summary AI
The section requires that for any housing built or changed using funds from this Act under the Department of Housing and Urban Development, the number of accessible units must be twice what the current federal regulations require.