H.R. 9311: Build Housing Affordably Act

The bill would temporarily stop certain federal “Buy America” requirements from applying to some housing projects that receive HUD-related funding. In practical terms, for a defined set of affordable and supportive housing programs, projects would not have to follow the Build America, Buy America Act rules for covered materials and products until 60 days after HUD submits a required study to Congress.

What the bill covers

The bill applies to a wide range of federally assisted housing programs, including:

• public housing
• Section 8 rental assistance
• HOME Investment Partnerships
• housing for older adults and people with disabilities
• Native American and Native Hawaiian housing programs
• the Housing Trust Fund
• homeless assistance programs
• rural rental housing programs
• Community Development Block Grants
• Choice Neighborhoods

It applies only to projects mainly focused on building, repairing, preserving, or improving residential housing.

Required HUD study

The bill would require the Secretary of Housing and Urban Development to study how the Build America, Buy America Act is affecting these housing projects. The study would look at:

• the direct cost of buying materials
• extra administrative and compliance costs
• delays caused by compliance
• projects left incomplete because of the requirements
• how many housing units were not built as a result
• how HUD handles waiver requests
• how long waiver requests take to process
• how often waivers are granted
• whether broader public-interest waivers could reduce costs
• which materials are most often the subject of waiver requests

HUD would then have 90 days after finishing the study to send a report to the House Financial Services Committee and the Senate Banking, Housing, and Urban Affairs Committee.

Temporary pause on Buy America rules

While the study is being completed and until 60 days after the report is delivered to Congress, covered housing projects would be exempt from the Build America, Buy America Act requirements and related regulations.

Waiver timing rules

The bill would also change how HUD handles waiver requests for these housing projects. If a project sponsor asks for a waiver:

• HUD must decide within 90 days.
• If HUD does not decide in time, the waiver is automatically considered approved.
• Any automatically approved waiver would be final and could not be reviewed again by another federal official.

Relevant Companies

• None found