HUD’s Office of Public and Indian Housing has released “Build America, Buy America Act Implementation Guidance for the Public Housing Program,” PIH Notice 2024-01. This notice is separate from guidance from both HUD’s Office of Community Planning and Development and the Office of Management and Budget (OMB) regarding the Build America, Buy America Act (BABA). The guidance synthesizes the steps HUD and OMB have taken to implement the law and clarifies remaining compliance questions. BABA is being implemented in phases, and agencies do not yet need to comply with the law for many programs.

The notice answers several pending questions about complying with BABA:

• Definitions, several of which were determined by OMB rulemaking,
• How the BAP will apply to ongoing projects,
• Steps agencies should take to ensure their own and their partners’ compliance with BABA,
• Determining which projects must comply with the law,
• Situations in which BABA applicability for specific funding changes over time,
• Documenting purchases and efforts to comply with BABA, and
• Requirements for submitting a waiver to HUD.

For more information, see the notice or the January 15 edition of The NAHRO Monitor.