HUD review of Buy America for HOME program

Summary#

The Affordable Housing Supply Chain Clarity Act would create new duties for the Secretary of Housing and Urban Development (HUD); it does not amend the Build America, Buy America Act or the Cranston-Gonzalez National Affordable Housing Act. Its stated goal is to clarify how Build America, Buy America requirements apply to activities assisted under the HOME Investment Partnerships Program. The bill has not become law.

  • Within 180 days after enactment, the Secretary must review how those requirements are being implemented for HOME-assisted activities.
  • Within 90 days after completing the review, the Secretary must issue updated guidance on how the requirements apply.
  • Within 270 days after enactment, the Secretary must report the review’s results and the guidance to the House Financial Services Committee and the Senate Banking, Housing, and Urban Affairs Committee.
  • The bill does not itself change the sourcing requirements, create housing assistance, or change eligibility for HOME funding.

What it means for you#

  • HUD: The Secretary must complete the review, issue guidance, and submit the report by the deadlines in the bill.
  • Organizations and people involved in HOME-assisted activities: They may receive updated guidance explaining how Build America, Buy America requirements apply. The bill does not require them to apply for review or create a process for reviewing individual projects.
  • Housing applicants and the general public: The bill does not directly change housing benefits, funding eligibility, or access to housing.

Money#

No cost information is in the available material.

  • HUD must carry out a review, issue guidance, and prepare a report, but the bill gives no staffing estimate or cost figure.
  • The bill specifies no new appropriation, fee, fine, or funding benefit.

What is unclear#

  • The bill does not prescribe what the review must examine or what the updated guidance must say.
  • It does not require consultation with HOME participants, housing providers, manufacturers, or the public.
  • It does not set out how the guidance would affect particular projects or resolve disagreements about the requirements.
  • The current requirements and guidance cannot be verified against the referenced laws because their text and current HUD guidance were not supplied.

Case for#

  • A required review could identify where the requirements are unclear in HOME-assisted activities.
  • Updated guidance could give people carrying out those activities a clearer explanation of how the requirements apply.
  • The report would give two congressional committees information about the review and the resulting guidance.

Case against#

  • The bill does not require HUD to change any requirement, so the review and guidance might not resolve practical uncertainty.
  • It does not say what issues HUD must examine or how affected groups will have a say.
  • The bill requires HUD to do the work but provides no cost estimate or funding details.