Build Housing Affordably Act
- Sponsor
- Rep. Flood, Mike [R-NE-1]
- Committees
- Financial Services Committee (primary)
- Last action
- Jun 15, 2026
Bottom line
The bill aims to reduce costs and accelerate the construction of affordable housing by temporarily suspending and streamlining waivers for 'Buy America' requirements.
What it actually does
This bill mandates the Secretary of Housing and Urban Development (HUD) to conduct a study on the impacts of the Build America, Buy America Act (BABA) on affordable housing projects and its waiver process. Crucially, it temporarily pauses BABA requirements for certain affordable housing projects until 60 days after the study's report is delivered to Congress. Additionally, it establishes a strict 90-day deadline for HUD to process BABA waiver requests, with waivers automatically granted if HUD fails to meet this deadline.
Proponents argue
Proponents argue that the Build America, Buy America Act, while well-intentioned, has inadvertently increased the cost and complexity of affordable housing projects, leading to delays and fewer units being built. They contend that this bill provides a necessary pause and streamlines the waiver process, allowing critical housing projects to proceed more efficiently and affordably, without permanently undermining domestic manufacturing goals.
Opponents contend
Opponents might argue that pausing or weakening 'Buy America' requirements, even temporarily, undermines efforts to support American manufacturing and create domestic jobs. They may contend that any cost savings achieved by using foreign materials would come at the expense of American workers and industries, and that the long-term benefits of BABA outweigh the short-term challenges in housing construction.
The bill is short and relatively straightforward, making it accessible for a quick read and evaluation by interested parties.
Section 2
Buy American Act Study and Report
This section requires the Secretary of Housing and Urban Development (HUD) to conduct a comprehensive study. The study will examine the direct and indirect costs, delays, and the number of housing units not built due to compliance with the Build America, Buy America Act (BABA) for federally assisted affordable housing projects. It will also analyze HUD's BABA waiver process, including processing times, waiver approval rates, and the effectiveness of existing waivers.
Supporters argue
Supporters argue that this study is crucial for understanding the real-world impacts of BABA on affordable housing, providing data to inform future policy decisions and ensure that 'Buy America' requirements do not inadvertently exacerbate the housing crisis.
Critics contend
Critics may argue that mandating a study is a delaying tactic or an unnecessary administrative burden, and that the focus should be on either full enforcement or immediate repeal, rather than further analysis.
Tradeoffs
This provision balances the need for data-driven policymaking with the urgency of addressing housing affordability. It acknowledges potential negative impacts of BABA while not immediately repealing it, seeking to quantify the problem first.
Section 3
Pause on Build America, Buy America Act Requirements
This section temporarily exempts 'covered projects'—affordable housing projects receiving federal assistance and subject to BABA—from all requirements of the Build America, Buy America Act. This pause will remain in effect until 60 days after the report from the HUD study (mandated in Section 2) is delivered to the relevant Congressional committees. This aims to immediately alleviate compliance burdens while the study is underway.
Section 4
Expedited Waiver Review and Deemed Granting
This section establishes a strict 90-day deadline for the Secretary of Housing and Urban Development (HUD) to render a decision on any request for a waiver from BABA requirements for a 'covered project.' If HUD fails to issue a decision within this 90-day period, the waiver request is automatically 'deemed to have been granted.' Furthermore, any such deemed waiver is declared final, irrevocable, and immune from further federal review.
Section 5
Definitions of Covered Programs and Projects
This section precisely defines the scope of the bill by listing specific federal housing assistance programs that qualify as 'covered programs.' These include a wide range of HUD initiatives such as public housing, Section 8 rental assistance, HOME Investment Partnerships, supportive housing for the elderly and persons with disabilities, Native American housing programs, the Housing Trust Fund, McKinney-Vento Homeless Assistance, AIDS Housing Opportunities, rural rental housing, Community Development Block Grants, Capacity Building, and the Choice Neighborhoods Initiative. A 'covered project' is then defined as any project assisted by one of these programs, subject to BABA, and primarily focused on residential housing activities like purchase, construction, or rehabilitation.
If the Secretary of Housing and Urban Development fails to render a decision on a Build America, Buy America Act (BABA) waiver request for a covered project within 90 days, the waiver is automatically deemed granted. This deemed waiver is then final, irrevocable, and not subject to further federal review.
Section 4(b) and 4(c)
Why it matters:The 'deemed granted' mechanism is a powerful enforcement tool, designed to ensure agency responsiveness. Its placement in subsections rather than the main heading is standard legislative practice for detailing consequences, but its significant impact might not be immediately apparent.
Case for: Supporters argue this provision is a critical safeguard against bureaucratic delays, ensuring that affordable housing projects are not stalled by inaction and providing developers with certainty. It forces HUD to prioritize these waiver requests.
Case against: Critics might contend that this mechanism could lead to waivers being granted without adequate review, potentially undermining the 'Buy America' policy's intent and allowing projects to use foreign materials even when domestic alternatives are available, simply due to administrative oversight.
Estimated impact: This provision significantly shifts the burden of proof and timeliness onto HUD, potentially leading to a higher rate of waivers for affordable housing projects if HUD struggles with processing capacity.
The bill explicitly lists fourteen specific federal housing assistance programs that fall under the definition of 'covered program,' thereby making projects assisted by these programs eligible for the temporary pause on BABA requirements and the expedited waiver process.
Section 5(1)(A) through (N)
Why it matters:Listing specific programs in the definitions section is standard legislative practice for clarity and precision. It ensures that the bill's applicability is unambiguous, rather than relying on broader, potentially vague language.
Case for: Proponents argue that this detailed enumeration ensures that the bill's relief measures are applied consistently and comprehensively across the federal programs most critical to affordable housing development, leaving no ambiguity about its scope.
Case against: No specific opposition is typically raised against the clarity of definitions, but critics of the bill's overall intent might argue that the list is either too broad (encompassing too many programs) or too narrow (missing other relevant programs) depending on their policy goals.
Estimated impact: The inclusion of a wide array of major federal housing programs means the bill's provisions could affect a substantial portion of federally assisted affordable housing development nationwide.