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Department of Housing and Urban Development Issues Buy American Waivers for Certain Recovery Act Programs

This week the Dept. of Housing and Urban Development (HUD) issued a waiver of Section 1605, or the Buy American requirements, in the American Recovery and Reinvestment Act for projects using Community Development Block Grant-Recovery (CDBG-R) funds and Neighborhood Stabilization Program 2 (NSP2) funds. The Recovery Act appropriated $1 billion in funds to states and local governments to carry out eligible activities on an expedited basis. The Recovery Act also appropriated $2 billion for the second round of NSP2, ''[f]or the provision of emergency assistance for the redevelopment of abandoned and foreclosed homes.'' This waiver provides that HUD will accept any other agency's waivers and well as any waivers from other HUD programs. They also waive entirely the Buy American requirements for public housing projects with less than 8 units, when the grant size is less than $100,000, or any project that is substantially under construction or contract prior to receipt of funds. These exceptions were made on the basis of the of the "Public Interest" option of potential waivers provided in Section 1605(b). This waiver joins others HUD has issued for the Capital Fund Recovery Formula and Competition (CFRFC) grant funds  and a project specific waiver for the Boston Housing Authority's HOPE IV project. For more information, contact Marco Giamberardino at (703) 837-5325 or giamberm@agc.org.