Revitalizing America’s Housing Act

— 513 — Department of Housing and Urban Development ENDNOTES 1. At a 1998 Senate hearing, then-HUD Secretary Andrew Cuomo acknowledged that the department “faced a competence gap” and had “the dubious distinction of being the only federal agency designated as ‘high risk’ by the General Accounting [now Government Accountability] Office (GAO),” even referencing the Section 8 rental subsidy as “on the brink of becoming the next savings and loan scandal,” and explained how the department was stepping up enforcement efforts “focused on closing the competence gap by eliminating waste, fraud, and abuse.” See “Testimony of Secretary Andrew Cuomo before the House Appropriations Subcommittee on VA, HUD, and Independent Agencies,” March 25, 1998, https://archives.hud.gov/ testimony/1998/tst32598.cfm (accessed March 4, 2023). 2. H.R. 7984, Housing and Urban Development Act of 1965, Public Law No. 89-117, 89th Congress, August 10, 1965, https://www.congress.gov/89/statute/STATUTE-79/STATUTE-79-Pg451.pdf (accessed March 4, 2023). 3. U.S. Department of Housing and Urban Development, 2023 Budget in Brief, pp. 2 and 7, https://www.hud.gov/ sites/dfiles/CFO/documents/2023_BudgetInBriefFINAL.pdf (accessed March 4, 2023). 4. For example, the Special Applications Center (SAC) located in Chicago, Illinois, was established in 1998 as a division of the Office of Public and Indian Housing to accept, review, and approve all nonfunded, noncompetitive applications and plans for demolition, disposition, and conversion of land subject to an annual contributions contract (ACC) in public housing. 5. The Secretary has delegated full authority for the Administration and enforcement of the Fair Housing Act to the Assistant Secretary of the Office of Fair Housing and Equal Opportunity but also has delegated limited assignment and decision-making authority to the General Counsel. 6. Effectively the HUD Chief Operating Officer and appointed by the President with Senate advice and consent. 7. The Office of Hearings and Appeals (OHA) is an independent adjudicatory office within the Office of the Secretary. Led by a Director who is appointed by the Secretary, it supervises the Administrative Judges of the Office of Appeals, the administrative law judges of the Office of Administrative Law Judges, and the OHA support staff. The HUD Secretary appoints administrative judges and administrative law judges in accordance with the Administrative Procedure Act, 5 U.S.C. Chapter 5, https://www.law.cornell.edu/uscode/text/5/part-I/ chapter-5 (accessed March 4, 2023). 8. HUD currently has a Departmental Equity Assessment Working Group, supported with five FTEs funded by the OSDBU, “as part of the President’s Executive Order 13985, Executive Order On Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.” See U.S. Department of Housing and Urban Development, 2023 Congressional Justifications, p. 35-15, https://www.hud.gov/sites/ dfiles/CFO/documents/2023HUDCongressionalJustificationsFINALelectronicversion.pdf (accessed March 4, 2023), and President Joseph R. Biden Jr., Executive Order 13985, “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government,” January 20, 2021, in Federal Register, Vol. 86, No. 14 (January 25, 2021), pp. 7009–7013, https://www.govinfo.gov/content/pkg/FR-2021-01-25/pdf/2021- 01753.pdf (accessed March 4, 2023). 9. Interestingly, “[t]he 2023 President’s Budget requests $748 thousand for CFBNP, which is $436 thousand less than the 2022 Annualized CR level. The Budget reflects total funding (carryover and new authority) of $1.2 million, $448 thousand less than 2022 total funding.” U.S. Department of Housing and Urban Development, 2023 Congressional Justifications, p. 35-16. 10. See H.R. 558, Stewart B. McKinney Homeless Assistance Act, Public Law No. 100-77, 100th Congress, July 22, 1987, https://www.govinfo.gov/content/pkg/STATUTE-101/pdf/STATUTE-101-Pg482.pdf (accessed March 5, 2023). Later renamed the McKinney–Vento Homeless Assistance Act. 11. Established under the Housing and Community Development Act of 1974, 42 U.S.C. §§ 5301 et seq., https:// www.law.cornell.edu/uscode/text/42 (accessed March 4, 2023). 12. S. 566, Cranston–Gonzalez National Affordable Housing Act, Public Law No. 101-625, 101st Congress, November 28, 1990, Title II, https://www.congress.gov/101/statute/STATUTE-104/STATUTE-104-Pg4079.pdf (accessed March 5, 2023). 13. S. 1, Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law No. 91-646, 91st Congress, January 2, 1971, https://www.congress.gov/91/statute/STATUTE-84/STATUTE-84-Pg1894.pdf (accessed March 4, 2023). “The URA establishes the minimum Federal requirements for the acquisition of real property for Federally-funded programs and projects, and for the relocation of persons who must move from — 514 — Mandate for Leadership: The Conservative Promise their homes, businesses, or farms as a direct result of acquisition, rehabilitation, or demolition for a Federally- funded program or project.” U.S. Department of Housing and Urban Development, HUD Exchange, “49 CFR Part 24–URA Regulations,” published February 2005, https://www.hudexchange.info/resource/804/ura-and- real-property-acquisition-policies-act-49-cfr-part-24/ (accessed March 4, 2023). HUD is one of the 18 federal departments and agencies that “are subject to the Uniform Act.” U.S. Department of Transportation, Federal Highway Administration, “Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs,” Federal Register, Vol. 84, No. 243 (December 18, 2019), pp. 69466–69521, esp. p. 69484, https://www.govinfo.gov/content/pkg/FR-2019-12-18/pdf/2019-25558.pdf (accessed March 4, 2023). 14. H.R. 3219, Native American Housing Assistance and Self-Determination Act of 1996, Public Law No. 104-330, 104th Congress, October 26, 1996, https://www.congress.gov/104/plaws/publ330/PLAW-104publ330.pdf (accessed March 4, 2023). 15. U.S. Department of Housing and Urban Development, 2023 Congressional Justifications, p. 6-1. The U.S. Housing Act of 1937 (Wagner–Steagall Act) established the origins of locally chartered housing agencies that administer federal funding for various rental assistance programs—a quintessentially progressive New Deal–era policy that expanded the administrative state’s powers to the housing market—with the primary legislative intent of eradicating slum housing in urban areas, boosting jobs, and providing housing for the working poor. 42 U.S.C. §§ 1437 et seq., https://www.law.cornell.edu/uscode/text/42 (accessed March 4, 2023). A decade later, the Housing Act of 1949 codified federal standards for housing livability—a rationale that HUD and federal legislators have continued to use to justify federal intervention in housing—establishing as a national policy objective the provision of a minimum standard of housing quality for all Americans. This legislation also statutorily established many of the rural housing programs that are administered at USDA and expanded programs facilitating the removal of slum housing in urban areas. 42 U.S.C. §§ 1441 et seq., https:// www.law.cornell.edu/uscode/text/42 (accessed March 4, 2023). 16. U.S. Department of Housing and Urban Development, 2023 Congressional Justifications, pp. 1-2 and 2-2. 17. The National Housing Act of 1934 established the FHA and the statutory authority for the secondary market. The main stated premise was to stimulate jobs and facilitate the housing and construction sector during the Great Depression. 42 U.S.C. §§ 1701 et seq., https://www.law.cornell.edu/uscode/text/12 (accessed March 4, 2023). 18. 42 U.S.C. §§ 2000d et seq., https://www.law.cornell.edu/uscode/text/42 (accessed March 4, 2023). 19. 29 U.S.C. §§ 701 et seq., https://www.law.cornell.edu/uscode/text/29 (accessed March 4, 2023). 20. HUD’s Departmental Enforcement Center (DEC) is led by a Director. It was established in 1998 as part of a broader effort to streamline and consolidate functions at HUD and was later merged with the Office of General Counsel. The DEC “is comprised of the Office of the Director, the Compliance Division, the Operations Division and five Satellite Offices” and describes its mission as “assuring the highest standards of ethics, management and accountability in the resolution of HUD's troubled properties.” U.S. Department of Housing and Urban Development, Departmental Enforcement Center, “Program Offices: Departmental Enforcement Center,” https://www.hud.gov/program_offices/enforcement (accessed March 4, 2023). 21. H.R. 5334, Housing and Community Development Act of 1992, Public Law No. 102-1017, 102nd Congress, October 28, 1992, Title X, https://www.congress.gov/102/statute/STATUTE-106/STATUTE-106-Pg3672.pdf (accessed March 4, 2023). 22. H.R. 8588, Inspector General Act of 1978, Public Law No. 95-452, 95th Congress, October 12, 1978, https://www. congress.gov/95/statute/STATUTE-92/STATUTE-92-Pg1101.pdf (accessed March 4, 2023). 23. Guiding questions: What immediate administrative reforms of HUD and its programs can be made with high probability of success? What short-term legislative reforms can be proposed that, in tandem with administrative reforms, would achieve the HUD vision/mission objective? What HUD offices should be eliminated and/or realigned to reduce any redundancy that may persist in programmatic functions? 24. Wholly aside from reforms that would require legislation, the next Administration must ensure that key political appointees are able to acquit themselves as change agents to execute administrative reforms. Otherwise, whether because of a sheer lack of skill and expertise or simply a lack of will and philosophical alignment with reforms, staff may frustrate the efforts of committed political appointee staff and leadership to execute substantive administrative reforms. To achieve the policy and regulatory reforms outlined in this chapter, political appointees must be carefully placed in positions that reflect not only technical, market/ industry, and operational expertise, but also a shared will and commitment.

— 66 — Mandate for Leadership: The Conservative Promise 17. President William J. Clinton, Executive Order 13132, “Federalism,” August 4, 1999, in Federal Register, Vol. 64, No. 153 (August 10, 1999), pp. 43255–43259, https://www.govinfo.gov/content/pkg/FR-1999-08-10/pdf/99- 20729.pdf (accessed January 31, 2023). 18. President Ronald Reagan, Executive Order 12630, “Governmental Actions and Interference with Constitutionally Protected Property Rights,” March 15, 1988, in Federal Register, Vol. 53, No. 53 (March 18, 1988), pp. 8859–8862, https://www.regulationwriters.com/downloads/Executive_Orders/EO_12630.pdf (accessed January 31, 2023). 19. Section 115 in H.R. 4577, Consolidated Appropriations Act, 2001, Public Law No. 106-544, 106th Congress, December 21, 2000, https://www.congress.gov/106/plaws/publ554/PLAW-106publ554.pdf (accessed January 31, 2023). 20. H.R. 6410, Paperwork Reduction Act of 1980, Public Law No. 96-511, 96th Congress, December 11, 1980, https:// www.congress.gov/96/statute/STATUTE-94/STATUTE-94-Pg2812.pdf (accessed January 31, 2023). 21. S. 3418, An Act to Amend Title 5, United States Code, by Adding a Section 552a, to Safeguard Individual Privacy from the Misuse of Federal Records, to Provide that Individuals Be Granted Access to Records Concerning Them Which Are Maintained by Federal Agencies, to Establish a Privacy Protection Study Commission, and for Other Purposes (Privacy Act of 1974), Public Law No. 93-579, 93rd Congress, December 31, 1974, https://www.congress.gov/93/statute/STATUTE-88/STATUTE-88-Pg1896.pdf (accessed January 31, 2023). 22. Office of Management and Budget, “Guidance for Grants and Agreements,” Final Guidance, Federal Register, Vol. 85, No. 157 (August 13, 2020), pp. 49506–49582, https://www.govinfo.gov/content/pkg/FR-2020-08-13/ pdf/2020-17468.pdf (accessed January 31, 2023), and “Guidance for Grants and Agreements,” Correcting Amendments, Federal Register, Vol. 86, No. 33 (February 22, 2021), pp. 10439–10440, https://www.govinfo. gov/content/pkg/FR-2021-02-22/pdf/2021-02969.pdf (accessed January 31, 2023). 23. H.R. 5, Regulatory Accountability Act of 2017, 115th Congress, introduced January 3, 2017, https://www. congress.gov/bill/115th-congress/house-bill/5 (accessed January 31, 20/23), and S. 951, Regulatory Accountability Act of 2017, 115th Congress, introduced April 26, 2017, https://www.congress.gov/bill/115th- congress/senate-bill/951 (accessed January 31, 2023). 24. S. 2314, Social Media Addiction Reduction Technology Act (SMART Act), 116th Congress, introduced July 30, 2019, https://www.congress.gov/bill/116th-congress/senate-bill/2314/text (accessed January 31, 2023). 25. H.R. 1605, Guidance Out of Darkness Act (GOOD Act), 117th Congress, introduced March 8, 2021, https://www. congress.gov/bill/117th-congress/house-bill/1605 (accessed January 31, 2023). 26. S. 2804, Early Participation in Regulations Act of 2021, 117th Congress, introduced September 22, 2021, https:// www.congress.gov/bill/117th-congress/senate-bill/2804 (accessed January 31, 2023). 27. S. 170, Unfunded Mandates Accountability and Transparency Act, 117th Congress, introduced February 2, 2021, https://www.congress.gov/bill/117th-congress/senate-bill/170 (accessed January 31, 2023). 28. H.R. 277, Regulations from the Executive in Need of Scrutiny Act of 2023 (REINS Act), 118th Congress, introduced January 11, 2023, https://www.congress.gov/bill/118th-congress/house-bill/277/all-info?r=217 (accessed January 31, 2023). 29. Subtitle E, “Congressional Review,” in H.R. 3136, Contract with America Advancement Act of 1996, Public Law No. 104-121, 104th Congress, March 29, 1996, https://www.govinfo.gov/content/pkg/PLAW-104publ121/pdf/ PLAW-104publ121.pdf (accessed January 31, 2023). 30. H.R. 115, Midnight Rules Relief Act of 2023, 118th Congress, introduced January 9, 2023, https://www.congress. gov/bill/118th-congress/house-bill/115/text?s=1&r=18 (accessed January 31, 2023). 31. See Federation of American Scientists, Intelligence Resource Program, “Presidential Directives and Executive Orders,” https://irp.fas.org/offdocs/direct.htm (accessed February 1, 2023), and Library of Congress, Researchers, Newspaper and Current Periodical Reading Room, “Presidential Directives and Where to Find Them,” March 30, 2022, https://www.loc.gov/rr/news/directives.html (accessed February 1, 2023). 32. President Donald J. Trump, Executive Order 13803, “Reviving the National Space Council,” June 30, 2017, in Federal Register, Vol. 82, No. 129 (July 7, 2017), pp. 31429–31432, https://www.govinfo.gov/content/pkg/FR- 2017-07-07/pdf/2017-14378.pdf (accessed February 1, 2023). — 67 — Executive Office of the President of the United States 33. H.R. 10230, National Science and Technology Policy, Organization, and Priorities Act of 1976, Public Law No. 94-282, 94th Congress, May 11, 1976, https://www.congress.gov/94/statute/STATUTE-90/STATUTE-90-Pg459. pdf (accessed February 1, 2023). 34. H.R. 4346, CHIPS [Creating Helpful Incentives to Produce Semiconductors] and Science Act, Public Law No. 117-167, 117th Congress, August 9, 2022, https://www.congress.gov/117/plaws/publ167/PLAW-117publ167.pdf (accessed February 1, 2023). 35. S. 169, Global Change Research Act of 1990, Public Law No. 101-606, 101st Congress, November 16, 1990, https://www.congress.gov/101/statute/STATUTE-104/STATUTE-104-Pg3096.pdf (accessed February 1, 2023). 36. S. 1075, National Environmental Policy Act of 1969, Public Law No. 91-190, 91st Congress, January 1, 1970, https://uscode.house.gov/statutes/pl/91/190.pdf (accessed February 1, 2023). 37. Andrus v. Sierra Club, 442 U.S. 347, 358 (1979), https://tile.loc.gov/storage-services/service/ll/usrep/usrep442/ usrep442347/usrep442347.pdf (accessed March 7, 2023). 38. Title XLI (41) in H.R. 22, Fixing America’s Surface Transportation Act (FAST Act), Public Law No. 114-94, 114th Congress, December 4, 2015, https://www.congress.gov/114/statute/STATUTE-129/STATUTE-129-Pg1312.pdf (accessed February 1, 2023). 39. President Donald J. Trump, Executive Order 13807, “Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects,” August 15, 2017, in Federal Register, Vol. 82, No. 163 (August 24, 2017), pp. 40463–40469, https://www.govinfo.gov/content/pkg/FR-2017-08-24/ pdf/2017-18134.pdf (accessed February 1, 2023). 40. H.R. 5210, Anti-Drug Abuse of 1988, Public Law No. 100-690, 100th Congress, November 18, 1988, https://www. congress.gov/100/statute/STATUTE-102/STATUTE-102-Pg4181.pdf (accessed February 1, 2023). 41. President Joseph R. Biden Jr., Executive Order 14020, “Establishment of the White House Gender Policy Council,” March 8, 2021, in Federal Register, Vol. 86, No. 46 (March 11, 2021), pp. 13797–13801, https://www. govinfo.gov/content/pkg/FR-2021-03-11/pdf/2021-05183.pdf (accessed January 31, 2023). 42. U.S. Constitution, Amendment XXV, https://www.law.cornell.edu/constitution/amendmentxxv (accessed March 9, 2023). 43. 50 U.S.C. § 3021(c)(1), https://www.law.cornell.edu/uscode/text/50/3021 (accessed March 9, 2023). 44. 20 U.S.C. § 20(a), https://www.law.cornell.edu/uscode/text/20/42#:~:text=The%20business%20of%20the%20 Institution%20shall%20be%20conducted,no%20two%20of%20them%20of%20the%20same%20State (accessed March 9, 2023). 45. Vice Presidents Gerald Ford and Lyndon Johnson assumed (Ford) or initially assumed (Johnson) the office of the presidency by a process of succession.

— 66 — Mandate for Leadership: The Conservative Promise 17. President William J. Clinton, Executive Order 13132, “Federalism,” August 4, 1999, in Federal Register, Vol. 64, No. 153 (August 10, 1999), pp. 43255–43259, https://www.govinfo.gov/content/pkg/FR-1999-08-10/pdf/99- 20729.pdf (accessed January 31, 2023). 18. President Ronald Reagan, Executive Order 12630, “Governmental Actions and Interference with Constitutionally Protected Property Rights,” March 15, 1988, in Federal Register, Vol. 53, No. 53 (March 18, 1988), pp. 8859–8862, https://www.regulationwriters.com/downloads/Executive_Orders/EO_12630.pdf (accessed January 31, 2023). 19. Section 115 in H.R. 4577, Consolidated Appropriations Act, 2001, Public Law No. 106-544, 106th Congress, December 21, 2000, https://www.congress.gov/106/plaws/publ554/PLAW-106publ554.pdf (accessed January 31, 2023). 20. H.R. 6410, Paperwork Reduction Act of 1980, Public Law No. 96-511, 96th Congress, December 11, 1980, https:// www.congress.gov/96/statute/STATUTE-94/STATUTE-94-Pg2812.pdf (accessed January 31, 2023). 21. S. 3418, An Act to Amend Title 5, United States Code, by Adding a Section 552a, to Safeguard Individual Privacy from the Misuse of Federal Records, to Provide that Individuals Be Granted Access to Records Concerning Them Which Are Maintained by Federal Agencies, to Establish a Privacy Protection Study Commission, and for Other Purposes (Privacy Act of 1974), Public Law No. 93-579, 93rd Congress, December 31, 1974, https://www.congress.gov/93/statute/STATUTE-88/STATUTE-88-Pg1896.pdf (accessed January 31, 2023). 22. Office of Management and Budget, “Guidance for Grants and Agreements,” Final Guidance, Federal Register, Vol. 85, No. 157 (August 13, 2020), pp. 49506–49582, https://www.govinfo.gov/content/pkg/FR-2020-08-13/ pdf/2020-17468.pdf (accessed January 31, 2023), and “Guidance for Grants and Agreements,” Correcting Amendments, Federal Register, Vol. 86, No. 33 (February 22, 2021), pp. 10439–10440, https://www.govinfo. gov/content/pkg/FR-2021-02-22/pdf/2021-02969.pdf (accessed January 31, 2023). 23. H.R. 5, Regulatory Accountability Act of 2017, 115th Congress, introduced January 3, 2017, https://www. congress.gov/bill/115th-congress/house-bill/5 (accessed January 31, 20/23), and S. 951, Regulatory Accountability Act of 2017, 115th Congress, introduced April 26, 2017, https://www.congress.gov/bill/115th- congress/senate-bill/951 (accessed January 31, 2023). 24. S. 2314, Social Media Addiction Reduction Technology Act (SMART Act), 116th Congress, introduced July 30, 2019, https://www.congress.gov/bill/116th-congress/senate-bill/2314/text (accessed January 31, 2023). 25. H.R. 1605, Guidance Out of Darkness Act (GOOD Act), 117th Congress, introduced March 8, 2021, https://www. congress.gov/bill/117th-congress/house-bill/1605 (accessed January 31, 2023). 26. S. 2804, Early Participation in Regulations Act of 2021, 117th Congress, introduced September 22, 2021, https:// www.congress.gov/bill/117th-congress/senate-bill/2804 (accessed January 31, 2023). 27. S. 170, Unfunded Mandates Accountability and Transparency Act, 117th Congress, introduced February 2, 2021, https://www.congress.gov/bill/117th-congress/senate-bill/170 (accessed January 31, 2023). 28. H.R. 277, Regulations from the Executive in Need of Scrutiny Act of 2023 (REINS Act), 118th Congress, introduced January 11, 2023, https://www.congress.gov/bill/118th-congress/house-bill/277/all-info?r=217 (accessed January 31, 2023). 29. Subtitle E, “Congressional Review,” in H.R. 3136, Contract with America Advancement Act of 1996, Public Law No. 104-121, 104th Congress, March 29, 1996, https://www.govinfo.gov/content/pkg/PLAW-104publ121/pdf/ PLAW-104publ121.pdf (accessed January 31, 2023). 30. H.R. 115, Midnight Rules Relief Act of 2023, 118th Congress, introduced January 9, 2023, https://www.congress. gov/bill/118th-congress/house-bill/115/text?s=1&r=18 (accessed January 31, 2023). 31. See Federation of American Scientists, Intelligence Resource Program, “Presidential Directives and Executive Orders,” https://irp.fas.org/offdocs/direct.htm (accessed February 1, 2023), and Library of Congress, Researchers, Newspaper and Current Periodical Reading Room, “Presidential Directives and Where to Find Them,” March 30, 2022, https://www.loc.gov/rr/news/directives.html (accessed February 1, 2023). 32. President Donald J. Trump, Executive Order 13803, “Reviving the National Space Council,” June 30, 2017, in Federal Register, Vol. 82, No. 129 (July 7, 2017), pp. 31429–31432, https://www.govinfo.gov/content/pkg/FR- 2017-07-07/pdf/2017-14378.pdf (accessed February 1, 2023).