Department of Housing and Urban Development November 9, 2022 – Federal Register Recent Federal Regulation Documents

In accordance with the Build America, Buy America Act (``BABA'' or ``the Act'') this notice advises that HUD is proposing a public interest waiver to further HUD's phased implementation of the Buy America Domestic Content Procurement Preference (``Buy America Preference,'' or ``BAP'') for recipients of Federal Financial Assistance (``FFA'') provided by HUD. On May 5, 2022, HUD previously issued a separate waiver covering all FFA obligated by HUD on or before November 14, 2022, including Community Development Block Grant (``CDBG'') formula grants. In order to fully focus on the successful implementation of the BAP in CDBG formula grants, one of HUD's largest grant programs, HUD has determined that it is in the public interest to propose a new public interest waiver of the application of the BAP for all other FFA provided by HUD. HUD is proposing that this waiver cover all FFA obligated by HUD during the ninety (90) day period after its effective date except for those funds utilized in connection with the purchase of iron or steel products in infrastructure projects funded by CDBG formula grants obligated by HUD on or after November 15, 2022. In addition, in the case of FFA obligated by HUD on or after November 15, 2022, but prior to the effective date of the final waiver, the waiver will apply to all expenditures incurred on or after the date of the final waiver, except for those funds utilized in connection with the purchase of iron or steel products in infrastructure projects funded by CDBG formula grants obligated by HUD on or after November 15, 2022. HUD is also, through this waiver, soliciting specific comment on the further phased implementation of the BAP in connection with the iron and steel products used in other non-CDBG formula grant FFA provided by HUD and in the full implementation of the BAP in connection with the use of construction materials and manufactured products in all infrastructure projects across HUD's FFA programs.