University of Utah Research Park Act

— 447 — Environmental Protection Agency 19. 42 U.S. Code § 7426(b), https://www.law.cornell.edu/uscode/text/42/7426 (accessed January 26, 2023). 20. 42 U.S. Code § 7410(k)(5)–(6), https://www.law.cornell.edu/uscode/text/42/7410 (accessed January 26, 2023). 21. 42 U.S. Code § 7601(a), https://www.law.cornell.edu/uscode/text/42/7601 (accessed January 26, 2023). 22. 42 U.S. Code § 7675, https://www.law.cornell.edu/uscode/text/42/7675 (accessed January 26, 2023). 23. 42 U.S. Code § 7411, https://www.law.cornell.edu/uscode/text/42/7411 (accessed January 26, 2023). 24. 42 U.S. Code § 7411(d). 25. 42 U.S. Code § 7412, https://www.law.cornell.edu/uscode/text/42/7412 (accessed January 26, 2023). 26. U.S. Environmental Protection Agency, “Summary of the Clean Water Act, 33 U.S.C. §1251 et seq. (1972),” last updated July 6, 2022, https://www.epa.gov/laws-regulations/summary-clean-water-act (accessed January 26, 2023). 27. U.S. Environmental Protection Agency, “Summary of the Safe Drinking Water Act, 42 U.S.C. §300f et seq, (1974),” last updated September 12, 2022, https://www.epa.gov/laws-regulations/summary-safe-drinking- water-acthttps://www.epa.gov/sdwa (accessed January 26, 2023). 28. Memorandum from David P. Ross, Assistant Administrator, Environmental Protection Agency, to Office of Water Program Directors, “Subject: Office of Water Policy for Draft Documents,” August 6, 2019, https:// www.epa.gov/sites/default/files/2020-12/documents/ow_policy_for_draft_documents_to_ow_program_ directors_signed_002.pdf (accessed January 26, 2023). 29. 33 U.S. Code § 1341, https://www.law.cornell.edu/uscode/text/33/1341 (accessed January 26, 2023). 30. Rapanos v. United States, 547 U.S. 715 (2006), https://supreme.justia.com/cases/federal/us/547/04-1034/ index.pdf (accessed January 25, 2023). 31. 33 U.S. Code § 1318, https://www.law.cornell.edu/uscode/text/33/1318 (accessed January 26, 2023). 32. 33 U.S. Code § 1342, https://www.law.cornell.edu/uscode/text/33/1342 (accessed January 26, 2023). 33. 33 U.S. Code § 1344, https://www.law.cornell.edu/uscode/text/33/1344 (accessed January 26, 2023). 34. U.S. Environmental Protection Agency, “Summary of the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq. (1976),” last updated September 12, 2022, https://www.epa.gov/laws-regulations/summary- resource-conservation-and-recovery-act (accessed January 27, 2023). 35. U.S. Environmental Protection Agency, “Summary of the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund), 42 U.S.C. §9601 et seq. (1980),” last updated September 12, 2022, https://www.epa.gov/laws-regulations/summary-comprehensive-environmental-response- compensation-and-liability-act (accessed January 27, 2023). 36. 42 U.S. Code § 7412(r), https://www.law.cornell.edu/uscode/text/42/7412 (accessed January 27, 2023). 37. 42 U.S. Code § 6924(n), https://www.law.cornell.edu/uscode/text/42/6924 (accessed January 27, 2023). 38. U.S. Environmental Protection Agency, “Summary of the Toxic Substances Control Act, 15 U.S.C. §2601 et seq. (1976),” last updated October 4, 2022, https://www.epa.gov/laws-regulations/summary-toxic-substances- control-act (accessed January 27, 2023). 39. U.S. Environmental Protection Agency, “Summary of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §136 et seq. (1996),” last updated September 12, 2022, https://www.epa.gov/laws-regulations/ summary-federal-insecticide-fungicide-and-rodenticide-act (accessed January 27, 2023). 40. U.S. Environmental Protection Agency, “Summary of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §301 et seq. (2002),” last updated September 12, 2022, https://www.epa.gov/laws-regulations/summary-federal- food-drug-and-cosmetic-act (accessed January 27, 2023). 41. U.S. Environmental Protection Agency, “The Frank R. Lautenberg Chemical Safety for the 21st Century Act,” last updated March 24, 2022, https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/frank-r- lautenberg-chemical-safety-21st-century-act (accessed January 27, 2023), and “Highlights of Key Provisions in the Frank R. Lautenberg Chemical Safety Act for the 21st Century,” last updated February 12, 2020, https:// www.epa.gov/assessing-and-managing-chemicals-under-tsca/highlights-key-provisions-frank-r-lautenberg- chemical (accessed January 27, 2023). 42. U.S. Environmental Protection Agency, “Summary of the Endangered Species Act, 16 U.S.C. §1531 et seq. (1973),” last updated September 12, 2022, https://www.epa.gov/laws-regulations/summary-endangered- species-act (accessed January 27, 2023). 43. U.S. Environmental Protection Agency, “PRIA Overview and History,” last updated July 19, 2022, https://www. epa.gov/pria-fees/pria-overview-and-history (accessed January 27, 2023). — 448 — Mandate for Leadership: The Conservative Promise 44. Table, “EPA Budget by National Program Manager and Major Office,” in U.S. Environmental Protection Agency, United States Environmental Protection Agency Fiscal Year 2023 Justification of Appropriation Estimates for the Committee on Appropriations, p. 1076. 45. U.S. Environmental Protection Agency, “All Federal Advisory Committees at EPA,” last updated March 10, 2023, https://www.epa.gov/faca/all-federal-advisory-committees-epa (accessed March 20, 2023). 46. For example, EPA has steadfastly refused to follow Clean Air Act requirements that the Clean Air Scientific Advisory Committee provide, in the words of the U.S. Supreme Court, “unquestionably pertinent” advice on the “relative contribution to air pollution concentrations of natural… activity” as well as “any adverse public health, welfare, social, economic, or energy effects which may result from various strategies for attainment and maintenance” of the NAAQS. Memorandum from E. Scott Pruitt, Administrator, Environmental Protection Agency, to Assistant Administrators, “Subject: Back-to-Basics Process for Reviewing National Ambient Air Quality Standards,” May 9, 2018, p. 4, https://www.epa.gov/sites/default/files/2018-05/documents/ image2018-05-09-173219.pdf (accessed January 25, 2023) (cited hereafter as Pruitt Memorandum, May 9, 2018), and Whitman v. American Trucking Associations, 531 U.S. 457, 470 n.2 (2001), https://supreme. justia.com/cases/federal/us/531/457/case.pdF (accessed January 25, 2023). Similarly, EPA has refused to follow legal requirements dating to the late 1970s regarding congressional requests for scientific advice. Pruitt Memorandum, May 9, 2018; U.S. Government Accountability Office, “EPA Science and Advisory Panels: Preliminary Observations on the Processes for Providing Scientific Advice,” testimony of J. Alfredo Gómez, Director, Natural Resources and Environment, GAO, before the Subcommittee on Superfund, Waste Management, and Regulatory Oversight, Committee on Environment and Public Works, U.S. Senate, GAO-15-636T, May 20, 2015, https://www.gao.gov/products/gao-15-636t (accessed January 25, 2023); and U.S. Government Accountability Office, “EPA Science Advisory Board: Policy Statement on Science Quality and Integrity,” GAO-17-526R, June 8, 2017, https://www.gao.gov/assets/gao-17-526r.pdf (accessed January 25, 2023). 47. 31 U.S. Code § 3729 et seq., https://www.law.cornell.edu/uscode/text/31/3729 (accessed March 20, 2023). 48. See Pruitt Memorandum, May 9, 2018. 49. H.R. 4383, Federal Advisory Committee Act, Public Law 92-463, 92nd Congress, October 6, 1972, https://www. congress.gov/92/statute/STATUTE-86/STATUTE-86-Pg770.pdf (accessed March 20, 2023). 50. 15 U.S. Code Chapter 56A, https://www.law.cornell.edu/uscode/text/15/chapter-56A (accessed January 27, 2023). 51. Indian Environmental General Assistance Act of 1992, 42 U.S. Code § 4368b, https://www.law.cornell.edu/ uscode/text/42/4368b (accessed January 27, 2023). 52. See U.S. Environmental Protection Agency, Office of General Counsel, EPA Legal Tools to Advance Environmental Justice, May 2022, https://www.epa.gov/system/files/documents/2022-05/EJ%20Legal%20 Tools%20May%202022%20FINAL.pdf (accessed January 25, 2023), and U.S. Environmental Protection Agency, Office of General Counsel, Office of Policy, “Interim Environmental Justice and Civil Rights in Permitting Frequently Asked Questions,” August 2022, https://www.epa.gov/system/files/documents/2022-08/EJ%20 and%20CR%20in%20PERMITTING%20FAQs%20508%20compliant.pdf (accessed January 25, 2023). 53. 2 U.S. Code §§ 2000d–2000d-7, https://www.law.cornell.edu/uscode/text/42/chapter-21/subchapter-V (accessed January 27, 2023). 54. Students for Fair Admissions, Inc. v. University of North Carolina, No. 1:14CV954 (M.D.N.C. Sep. 30, 2019), https://www.leagle.com/decision/infdco20191008j38 (accessed January 27, 2023). 55. U.S. Environmental Protection Agency, EPA Region 2 Environmental Justice Action Plan, p. 24, https://www. epa.gov/sites/default/files/2016-03/documents/region_2_environmental_justice_action_plan.pdf (accessed January 27, 2023). 56. U.S. Environmental Protection Agency, “Summary of the National Environmental Policy Act, 42 U.S.C. §4321 et seq. (1969),” last updated September 12, 2022, https://www.epa.gov/laws-regulations/summary-national- environmental-policy-act (accessed January 27, 2023). 57. 31 U.S. Code § 1115, https://www.law.cornell.edu/uscode/text/31/1115 (accessed January 27, 2023).

— 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.

— 393 — Department of Energy and Related Commissions l Ensure that R&D funds are used for projects that protect and advance that edge. l Ensure that successful advances, with a focus on new natural resource development technologies, artificial intelligence, cybersecurity, and space, are transferred swiftly to American interests in the private sector. New Policies l Focus on benefits to Americans. OTT’s operations should be based on the recognition that the new technologies generated by American taxpayers’ investment in DOE are a significant national security asset rather than some neutral scientific gift to humanity. l Increase oversight and coordination. OTT needs to be vigilant in overseeing and coordinating OTT offices associated with each National Lab. For security and economic espionage reasons, the work funded by the American people needs to be protected, and when commercialized, it needs to go to American businesses. OFFICE OF SCIENCE (SC) Mission/Overview The Office of Science (SC) supports and oversees research facilities and pro- grams that cover basic science through its application to the demonstration and deployment of energy technologies. SC oversees 10 of the 17 DOE National Labs and 28 major federal research user facilities. Its mission is to preserve U.S. leader- ship in science, fund and perform basic research, and provide the scientific facilities that the private sector is unable or unwilling to provide. New initiatives include quantum information sciences and artificial intelligence. SC is led by a Senate-con- firmed Director at the Assistant Secretary level and has eight program offices.82 Needed Reforms The next conservative President should commit the United States to scientific dominance to support national and economic security, especially in light of similar efforts by China. To aid in this effort, the Office of Science should: l Return to its primary mission: nonpartisan and basic science. SC’s mission should be international leadership in basic and early applied science and provision of world-leading facilities for this work. The Infrastructure Investment and Jobs Act and Inflation Reduction Act mark the major — 394 — Mandate for Leadership: The Conservative Promise reorientation of DOE primarily from defense applications in the NNSA and basic and early applied science across SC and the applied offices to a massive federal research, development, demonstration, and commercialization body.83 Distraction from SC’s basic science mission should be prevented. l Increase the level of accountability. The National Laboratories need to be more directly accountable to the Secretary of Energy and Congress for their work and management. New Policies l Commit to U.S. science dominance. The United States is losing its dominance in scientific discoveries and technological development. China and other adversaries have been stealing American science and technology for years and are now on the verge of dominating science—a development that is fraught with negative strategic and economic implications for the United States. The next Administration must commit itself to ensuring that the U.S. continues to dominate scientific discovery and technological advancement. l Refocus on mission and eliminate duplication and waste. The Administration should work with Congress to rationalize the National Lab network to meet specific national objectives (such as the NNSA laboratories’ role in national defense) and conduct basic research that the private sector would not otherwise conduct. Activities that duplicate those of other government agencies or the private sector should be eliminated. l Properly manage the National Labs’ contributions to the private sector. SC should improve private-sector access to the National Labs, through programs like the GAIN voucher program and consistent with national security considerations, while ensuring that the economic benefits of taxpayer-funded technologies flow back to taxpayers through patent- review sharing or a revolving fund. Budget The Office of Science was appropriated slightly more than $7 billion in FY 2021, and DOE requested slightly less than $7.8 billion for FY 2023.84 OFFICE OF ENVIRONMENTAL MANAGEMENT (EM) Mission/Overview The Office of Environmental Management’s mission is to “complete the safe cleanup of [the] environmental legacy resulting from decades of nuclear