H.R. 9311

Build Housing Affordably Act

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Sec. 4. Timing for review of waiver applications

(a) In general. If an entity that is undertaking a covered project assisted in any part by amounts provided under a covered program submits a request to the Secretary of Housing and Urban Development for a waiver from the requirements of Build America, Buy America Act (title IV of division G of Public Law 117–58; 42 U.S.C. 8301 note), notwithstanding any other provision of law, regulation, guidance, or policy, the Secretary of Housing and Urban Development shall render a decision on such request for a waiver not later than 90 days after receiving such request.

(b) Failure To render a decision. Notwithstanding any other provision of law, regulation, guidance, or policy, if the Secretary of Housing and Urban Development fails to render a decision on a request for a waiver under subsection (a) in the time period specified in subsection (a), the waiver shall be deemed to have been granted.

(c) Rule of construction. Any waiver deemed to have been granted under subsection (b) shall be final and irrevocable and may not be subjected to further review by any Federal official.