President Donald Trump is running out of time to decide what to do with a bipartisan bill meant to lower housing costs by making it easier to build.
If Trump does not sign the measure, it would become law at 12:01 a.m. Saturday under a provision of the Constitution that gives the president 10 days, excluding Sundays, to sign or veto a bill. Trump has said he would not sign the bill to pressure the U.S. Senate to pass an unrelated election security measure he considers a higher priority.
The constitutional provision does not apply if Congress is adjourned, resulting in what is called a pocket veto, but the current July Fourth recess does not count as an adjournment, experts agree.
“This would be considered a recess so the bill will become law without signature 10 days after presentment,” Jason Roberts, a political scientist at the University of North Carolina, wrote in an email to States Newsroom.
The White House has not publicly communicated its legal position and spokespeople did not return a message seeking comment Wednesday.
Trump has vetoed only two other bills passed by the GOP-controlled Congress during his second term. Both were noncontroversial and targeted to local projects in Florida and Colorado.
‘A huge problem’
Groups representing a vast array of housing interests, from low-income renters to bankers, have endorsed the wide-ranging legislation that packages together numerous bills affecting every corner of the industry.
“Housing affordability is a huge problem for almost everybody,” Alys Cohen, the director of federal housing advocacy at the National Consumer Law Center, said in an interview. “And so there’s broad consensus that Congress needs to do something about that, period. So, as a result, they have a lot of different stakeholders coming together to really get something done.”
The bill, called the 21st Century Road to Housing Act, generally seeks to lower housing costs by expanding the supply, while also adjusting loan programs backed by the federal government.
Estimates of the number of housing units needed to meet demand vary, but it is “probably” near 4 million units, Kristen Klurfield, an associate director for housing policy at the Washington, D.C.-based Bipartisan Policy Center, said.
The package includes an assortment of smaller bills to update regulations on manufactured homes, loosen requirements for home construction and adjust a rural loan program to help lower income people qualify for and keep mortgages. The wide scope of the bill gives every segment of the policy space a reason to support it.
“In general it modernizes federal programs,” Klurfield said. “It incentivizes pro-housing policies locally, streamlines regulations that have been hindering housing production and really expands options for affordable housing financing. And so we think that the bill tackles the problem from these several angles, and that’s really what it’s going to take to chart a path forward.”
Trump quiet
As the package was gaining momentum in Congress last month, White House staff said Trump supported it. After it passed both chambers of Congress with broad bipartisan votes, he was set to sign it at a high-profile ceremony at the Capitol.
But the president changed course and canceled the signing ceremony at the last minute in a protest of Congress’ failure to pass an election security measure, the SAVE America Act, he considers a top priority.
Since the Senate passed the housing measure, 85-5, and the House cleared it, 358-32, in June, Trump has disparaged the bill as “a big yawn” and “unimportant” compared to the election bill.
That bill would introduce a series of restrictions on voting, especially vote-by-mail, and would require voters to provide photo ID to cast ballots. Critics say it raises new barriers to voting while attempting to limit noncitizen voting, which is exceedingly rare. The GOP-controlled House has passed a version of the SAVE America Act, but it does not have the 60 votes needed to advance in the Senate.
Trump has not commented on the bill in several days and spent Wednesday attending a NATO conference in Turkey.
