Reminder: The Build America Buy America Act in Effect for New HUD Funding

HUD has sent out a reminder to PHAs that new obligations of many HUD funding sources are covered by the Build America, Buy America Act (BABA) if obligated after August 23, 2024. As a reminder, most PIH funding obligated before August 23, 2024 and used to purchase iron and steel or construction materials is not subject to BABA in most cases.

There are three types of general waivers that any PHA can utilize if they meet certain criteria (Small Grants, de Minimis, and Exigigent Circumstances), and a series of waivers agencies can apply for. See NAHRO’s comments and the HUD BABA Webpage for more information on waivers and the expiration of the phased implementation.

As a reminder, a 2024 NAHRO survey found that BABA may make PHAs’ work more difficult. NAHRO is continuing to work with the federal government to ensure a workable implementation.