Short title

This Act may be cited as the

Build Housing Affordably Act

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).

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.

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.

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.