Build Housing Affordably Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9311 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9311

To exempt certain covered projects from the requirements of chapter 83
 of title 41, United States Code, or any regulation or guidance issued
                           for such chapter.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 15, 2026

  Mr. Flood (for himself and Ms. Goodlander) introduced the following
    bill; which was referred to the Committee on Financial Services

_______________________________________________________________________

                                 A BILL

To exempt certain covered projects from the requirements of chapter 83
 of title 41, United States Code, or any regulation or guidance issued
                           for such chapter.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Build Housing Affordably Act''.

SEC. 2. BUY AMERICAN ACT STUDY AND REPORT.

    (a) In General.--The Secretary of Housing and Urban Development
shall conduct a study of--
            (1) the impacts of the Build America, Buy America Act
        (title IV of division G of Public Law 117-58; 42 U.S.C. 8301
        note) and its implementation on grantees, subgrantees,
        builders, developers, and contractors using covered programs to
        build affordable housing, including--
                    (A) the direct costs of procuring materials for
                federally assisted housing projects;
                    (B) the indirect costs associated with compliance,
                including any increased administrative costs, costs
                incurred while pursuing a waiver, and costs of
                consultants or other labor required to deal with
                increased administrative costs;
                    (C) the costs of delays associated with compliance;
                and
                    (D) the costs associated with any housing projects
                left incomplete as a result of compliance, and the
                number of units not built as a result of compliance;
                and
            (2) the Build America, Buy America Act (title IV of
        division G of Public Law 117-58; 42 U.S.C. 8301 note) waiver
        process with respect to covered programs, including--
                    (A) the Department of Housing and Urban
                Development's processes and policies for reviewing
                waivers;
                    (B) the amount of time it takes the Department of
                Housing and Urban Development to process waivers;
                    (C) the number of waivers granted for housing
                projects;
                    (D) the extent to which general public interest
                waivers are utilized currently and whether issuing
                additional general public interest waivers could reduce
                costs;
                    (E) the effectiveness of the de minimis general
                waiver; and
                    (F) the materials or products most often subject to
                requests for waivers.
    (b) Report.--The Secretary of Housing and Urban Development shall,
not later than 90 days after completing the study required under
subsection (a), submit a report to the Committee on Financial Services
of the House of Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate containing all findings and contents of
the study required under subsection (a).

SEC. 3. REQUIREMENT TO PAUSE IMPLEMENTATION OF BUILD AMERICA, BUY
              AMERICA ACT REQUIREMENTS.

    Notwithstanding any other provision of law, regulation, guidance,
or policy, any covered project assisted in any part by amounts provided
under a covered program shall not be subject to any of the requirements
of chapter 83 of title 41, United States Code, or any regulations
issued for such chapter until the date that is 60 days after the report
required under subsection (a) is delivered to the Committee on
Financial Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate.

SEC. 4. TIMING FOR REVIEW OF WAIVER APPLICATIONS.

    (a) In General.--If an entity that is undertaking a covered project
assisted in any part by amounts provided under a covered program
submits a request to the Secretary of Housing and Urban Development for
a waiver from the requirements of Build America, Buy America Act (title
IV of division G of Public Law 117-58; 42 U.S.C. 8301 note),
notwithstanding any other provision of law, regulation, guidance, or
policy, the Secretary of Housing and Urban Development shall render a
decision on such request for a waiver not later than 90 days after
receiving such request.
    (b) Failure To Render a Decision.--Notwithstanding any other
provision of law, regulation, guidance, or policy, if the Secretary of
Housing and Urban Development fails to render a decision on a request
for a waiver under subsection (a) in the time period specified in
subsection (a), the waiver shall be deemed to have been granted.
    (c) Rule of Construction.--Any waiver deemed to have been granted
under subsection (b) shall be final and irrevocable and may not be
subjected to further review by any Federal official.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Covered program.--The term ``covered program'' means--
                    (A) the public housing program under the United
                States Housing Act of 1937 (42 U.S.C. 1437 et seq.);
                    (B) the program for rental assistance under section
                8 of the United States Housing Act of 1937 (42 U.S.C.
                1437f);
                    (C) the HOME Investment Partnerships program under
                title II of the Cranton-Gonzalez National Affordable
                Housing Act (42 U.S.C. 12721 et seq.);
                    (D) the program for supportive housing for the
                elderly under section 202 of the Housing Act of 1959
                (12 U.S.C. 1701q);
                    (E) the program for supportive housing for persons
                with disabilities under section 811 of the Cranston-
                Gonzalez National Affordable Housing Act (42 U.S.C.
                8013);
                    (F) the program for Native American housing under
                the Native American Housing Assistance and Self-
                Determination Act of 1996 (25 U.S.C. 4101 et seq.);
                    (G) the program for housing assistance for Native
                Hawaiians under title VIII of the Native American
                Housing Assistance and Self-Determination Act of 1996
                (25 U.S.C. 4221 et seq.);
                    (H) the Housing Trust Fund program under section
                1338 of the Housing and Community Development Act of
                1992 (12 U.S.C. 4568);
                    (I) the programs under title IV of the McKinney-
                Vento Homeless Assistance Act (42 U.S.C. 11360 et
                seq.);
                    (J) the AIDS Housing Opportunities program under
                subtitle D of title VIII of the Cranston-Gonzalez
                National Affordable Housing Act (42 U.S.C. 12901 et
                seq.);
                    (K) the programs for assistance for rural rental
                housing under title V of the Housing Act of 1949 (42
                U.S.C. 1471 et seq.);
                    (L) the Community Development Block Grant program
                under title I of the Housing and Community Development
                Act of 1974 (42 U.S.C. 5301 et seq.);
                    (M) the Capacity Building for Affordable Housing
                and Community Development program under section 4 of
                the HUD Demonstration Act of 1993 (Pub. L. 103-120, 107
                Stat. 1148, 42 U.S.C. 9816 note); and
                    (N) the Choice Neighborhoods Initiative, initially
                authorized under title I of division A of Public Law
                111-117 (123 Stat. 3093).
            (2) Covered project.--The term ``covered project'' means a
        project assisted in any part by amounts provided under a
        covered program that--
                    (A) is subject to the requirements of Build
                America, Buy America Act (title IV of division G of
                Public Law 117-58; 42 U.S.C. 8301 note); and
                    (B) has as its primary purpose the purchase,
                construction, rehabilitation, preservation, or
                improvement of residential housing.
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