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HR 1255119th CongressIn Committee

Investing in Our Communities Act

Introduced: Feb 12, 2025
Standard Summary
Comprehensive overview in 1-2 paragraphs

The Investing in Our Communities Act would reinstate advance refunding bonds by amending the Internal Revenue Code. Advance refunding bonds are bonds issued to refinance outstanding municipal bonds before the original bonds mature, using the proceeds of a new bond issue. The bill changes how these refundings can be issued and imposes specific restrictions to govern when and how they may be used, with separate rules for private activity bonds (bonds used to finance projects with some private benefit) and for other bonds. The intent is to allow municipalities to refinance debt again, but only under conditions designed to preserve debt-service savings, limit arbitrage opportunities, and curb abusive transactions. Key provisions include: broadening the categories of bonds that can be part of an advance refunding issue, setting timing and redemption rules (e.g., limits based on when the original bond was issued, and a minimum 90-day window before redemption), establishing investment rules for the proceeds during an initial temporary period, and creating anti-abuse provisions to prevent gaming the system for arbitrage gains. The bill also makes transitional rules for bonds issued before enactment and adds a conforming amendment to related tax rules. The effective date applies to advance refunding bonds issued after enactment.

Key Points

  • 1Reinstates advance refunding bonds and clarifies that they can be issued as part of certain bond issues (with specific treatment for private activity bonds versus other bonds).
  • 2For other bonds, sets detailed conditions that must be met for a refunding bond to qualify, including limits on when refunds can occur, redemption timing, and requirements about the temporary period for proceeds investments.
  • 3Establishes anti-abuse rules to prevent schemes designed to gain an arbitrage advantage unrelated to interest-rate savings.
  • 4Introduces special rules for determining what counts as an advance refunding, including transitional provisions for bonds issued before enactment and limits on how pre-1986 bonds are treated.
  • 5Adds a conforming amendment to related tax code provisions and states that the amendments apply to advance refunding bonds issued after enactment.

Impact Areas

Primary: State and local government issuers (cities, counties, school districts, etc.) that issue municipal bonds and may wish to use refunding to realize debt-service savings.Secondary: Private activity bond issuers (excluding qualified 501(c)(3) bonds) and nonprofit or public-benefit projects funded by private activity bonds; tax professionals and bond counsel who structure and market these issues.Additional impacts: Potential effect on the municipal-bond market by reintroducing advance refunding with guardrails to limit arbitrage, affecting borrowing costs, debt-management strategies, and issuer budgeting. The bill’s debt-service savings requirement and 90-day redemption rule aim to preserve federal tax policy objectives while restoring a debt-management tool for issuers.
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