ROAD Act Awaits Signature, BABA Advocacy Continues

HAG UPDATE JULY 2026 

Happy July. We hope everyone had a celebratory and enjoyable Independence Day. As for the day job, Capitol Hill is quiet while Congress enjoys—or attempts to enjoy—a two-week recess. Here is the latest on our current agenda: 

Everyone is watching to see whether the President will sign the 21st Century ROAD to Housing Act, which has been on his desk for eight days. If he does not sign it by midnight on July 10, the bill will automatically become law. We still expect him to sign it, possibly on his way home from the NATO summit on July 8 or after he returns to the White House. Politically, there is little reason not to sign this landmark, bipartisan legislation. Republicans need to show they are addressing affordability and housing, especially as the apparent collapse of the Iran cease-fire agreement drives up oil prices. The President and Republicans need a win, and the ROAD bill may be their last chance for a major legislative achievement before the elections. We will let you know when either event occurs. Again, thank you for helping get this legislation over the finish line. 

The clock is also ticking on HUD’s Request for Information on products used in housing programs under the Build America, Buy America Act. This RFI follows a year of meetings with OMB, HUD, and White House officials about BABA’s negative impact on affordable housing production. If you have experienced issues, complications, high costs, or waiver-related delays in trying to comply with BABA, we strongly encourage you to submit detailed comments by July 20. HUD is seeking input from manufacturers on their ability to provide BABA-compliant materials for housing production. The industry is submitting comments to document the frustration and confusion housing providers face in working with manufacturers. Based on our latest review of the HUD RFI site, all the comments come from housing providers and practitioners, with none from manufacturers. That helps make our case to HUD, the Made in America Office, and OMB that manufacturers have been non-responsive and, so far, dismissive of a mandate imposed on the affordable housing industry. We hope HUD and OMB will view this lack of response as further evidence that BABA is incompatible with HUD housing programs and either pause the mandate while they determine next steps or lift the requirement altogether as unworkable given current U.S. manufacturing capacity. We continue to work on this issue and thank you for participating if it is relevant to your development experience. 

We continue to build support for the Build Housing Affordably Act, sponsored by Congressman Mike Flood (R-NE) and Congresswoman Maggie Goodlander (D-NH). This legislation would go further than any bill to date in addressing Build America, Buy America concerns. It would pause program requirements while HUD studies the program and establishes a 90-day shot clock for waivers at HUD and OMB, bringing certainty to the waiver process. If a waiver is not processed within 90 days, it would be automatically granted. Congressman Flood hopes to mark up the bill in September, so we are working to build support among purple-district Republicans and all Democrats on the House Financial Services Committee. Your help with this effort would be appreciated. 

Finally, the appropriations process remains stalled in the Senate, where lawmakers have not yet agreed on an overall funding level. The impasse is largely driven by the Administration’s request for $1.5 trillion for the Defense Department. The politics are straightforward: Democrats have little interest in negotiating a final budget before October 1, when they believe they have a real chance of taking the House—and possibly the Senate—in the next Congress. Without detailing every possible scenario, we expect a continuing resolution in September, likely to last through Thanksgiving or sometime in December; no one is expecting a shutdown. Depending on the election results, another CR could extend into 2027, with a final budget arriving in March or April. Sound familiar? Of course, President Trump remains a wild card in these scenarios. 

That is the latest from DC but stay tuned for breaking news on the ROAD bill. Again, congratulations to everyone on another significant win for affordable housing. We often say that LIHTC and affordable housing keep winning—and it is true. Many industries envy our success, but our issues, advocacy, and the housing we produce speak for themselves. 

Have a great July, and please let us know what is happening and how we can help as we head into what we hope will be a relaxing, campaign-filled August followed by a legislative sprint in September. 

David and Bob