Diversity Jurisdiction Inflation Adjustment Act

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Bill ID: 119/s/4850
Last Updated: August 12, 2026

Sponsored by

Sen. Kennedy, John [R-LA]

ID: K000393

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The bill

Diversity Jurisdiction Inflation Adjustment Act

S. 4850, 119th Congress.

The sponsor

Sen. Kennedy, John [R-LA]

Every bill has someone who introduced it. That name is where the paper trail starts.

The money

$223,920 raised

20 itemised contributions to this sponsor, pulled from FEC filings.

The alignment

40% match to Project 2025

This bill's text tracks the "Department of Education" section, p. 368-370 of the Mandate for Leadership.

Bill's Journey to Becoming a Law

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Held at the desk.

August 9, 2026

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Committee Review

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Passed Senate

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Bill Summary

**Diversity Jurisdiction Inflation Adjustment Act (S. 4850) – Summary & Diagnosis**

**1. Main Purpose & Objectives** The stated purpose of S. 4850 is to adjust the monetary threshold for federal diversity jurisdiction under 28 U.S.C. § 1332 for inflation, ensuring that the $75,000 minimum amount in controversy—unchanged since 1996—keeps pace with economic reality. Ostensibly, this is a technocratic housekeeping measure: prevent trivial suits from clogging federal courts by raising the bar as the dollar loses value. In practice, it’s a rare moment of bureaucratic honesty—admitting that inflation exists and that Congress, for once, won’t pretend it doesn’t. But let’s not confuse competence with altruism. This isn’t about justice; it’s about reducing the federal judiciary’s workload by making it harder for ordinary citizens to access federal court—unless they’ve suffered a *truly* expensive injury.

**2. Key Provisions & Changes to Existing Law** The bill amends 28 U.S.C. § 1332 by: - Raising the base threshold from $75,000 to **$150,000**, effective immediately. - Mandating automatic inflation adjustments every **ten years**, starting January 1, 2030, based on the September CPI-U (Consumer Price Index for All Urban Consumers). - Adjustments are rounded to the nearest $25,000 (rounding up if midway), administered by the Director of the Administrative Office of the U.S. Courts, who must publish the new threshold in the Federal Register by November 15 of the preceding year. - Retains the existing penalty clause: if a plaintiff wins less than the threshold, the court may deny them costs and even impose costs *on them*—a deterrent against filing borderline cases. This isn’t reform; it’s a slow-motion exclusion. The $150,000 starting point already excludes over 60% of civil cases currently in federal diversity jurisdiction. Future adjustments will only worsen that gap.

**3. Affected Parties & Stakeholders** - **Plaintiffs with moderate claims** (e.g., $75k–$150k): Effectively barred from federal court unless they can bootstrap via federal question jurisdiction or join claims. Forced into state courts—often perceived as less neutral, more biased, or slower. - **Corporate defendants**: Big winners. Fewer federal cases mean fewer unpredictable juries, more favorable local venues, and reduced exposure to plaintiff-friendly federal doctrines. - **Litigation attorneys**: Losers. Especially those who rely on diversity jurisdiction for contingency-fee cases involving out-of-state defendants. Their client pool just shrunk. - **Federal courts**: Slightly relieved. Lower caseload, but at the cost of access to justice—unless you define “justice” as “only the rich get to play in federal court.” - **Taxpayers**: Indirectly affected. More cases shifted to state courts may increase state burdens, though federal savings are marginal given the jurisdictional shift, not elimination.

**4. Potential Impact & Implications** This is jurisdictional gerrymandering dressed as inflation indexing. By doubling the threshold and locking in decadal adjustments, Congress ensures that federal diversity jurisdiction becomes a playground for the wealthy and corporations—precisely the entities least needing federal protection. The real impact? A quiet erosion of access to justice for average Americans, masked by technocratic language and CPI tables. It’s not evil; it’s worse: *indifference*. Lawyers will adapt, forum-shop harder, and plaintiffs will get squeezed. Meanwhile, Congress pats itself on the back for “modernizing” the code while ignoring that the $75k threshold was already obsolete in 1996. This bill doesn’t fix inflation—it institutionalizes exclusion. And the kicker? The first adjustment isn’t until 2030. By then, $150k will feel like $75k

Related Topics

Federal Budget & AppropriationsJudiciary & Legal ReformBanking & Financial Services
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💰 Campaign Finance Network

Sen. Kennedy, John [R-LA]

Congress 119 • 2024 Election Cycle

Total Contributions
$223,920
12 donors
PACs
$0
Organizations
$0
Committees
$0
Individuals
$223,920

No PAC contributions found

No organization contributions found

No committee contributions found

1
REITERMAN, MARY ELIZABETH
2 transactions
$34,800
2
VIVIAN, MICHAEL A
2 transactions
$34,800
3
JONES, SHIRLEY
2 transactions
$34,800
4
LACOSTE, ROGER
2 transactions
$34,800
5
LABEDZ, DAVID
3 transactions
$34,800
6
MAKI, NEIL JAMES
2 transactions
$10,025
7
COX, SANDY
2 transactions
$10,000
8
HENLEY, DOY
1 transaction
$8,354
9
HILL, VERNON
1 transaction
$7,529
10
HARTMAN, STEPHEN
1 transaction
$5,310
11
BRADDOCK, DAVID
1 transaction
$4,702
12
WHITE, JASON
1 transaction
$4,000

Cosponsors & Their Campaign Finance

This bill has 4 cosponsors. Below are their top campaign contributors.

Sen. Coons, Christopher A. [D-DE]

ID: C001088

Top Contributors

22

1
CHEROKEE NATION
OrganizationTAHLEQUAH, OK
$3,300
Dec 27, 2023
2
CHEROKEE NATION
OrganizationTAHLEQUAH, OK
$1,700
Dec 27, 2023
3
CHEN, YU
NOT EMPLOYED • NOT EMPLOYED
IndividualMIAMI, FL
$3,300
Dec 17, 2024
4
MIRZAIE, REZA
RUSS AUGUST & KABAT LLP • ATTORNEY
IndividualPACIFIC PALISADES, CA
$3,300
Oct 7, 2024
5
CHEN, YU
NOT EMPLOYED • NOT EMPLOYED
IndividualMIAMI, FL
$3,300
Dec 17, 2024
6
WASSERMAN, CASEY
WASSERMAN • CEO
IndividualLOS ANGELES, CA
$3,300
Nov 5, 2024
7
ZHAO, PENG
CITADEL SECURITIES • CEO
IndividualMIAMI, FL
$3,300
Dec 17, 2024
8
WASSERMAN, CASEY
WASSERMAN • CEO
IndividualLOS ANGELES, CA
$3,300
Nov 5, 2024
9
ZHAO, PENG
CITADEL SECURITIES • CEO
IndividualMIAMI, FL
$3,300
Dec 17, 2024
10
MIRZAIE, REZA
RUSS AUGUST & KABAT LLP • ATTORNEY
IndividualPACIFIC PALISADES, CA
$3,300
Oct 7, 2024

Sen. Cruz, Ted [R-TX]

ID: C001098

Top Contributors

52

1
WINRED
PACARLINGTON, VA
$1,167,293
Nov 1, 2024
2
WINRED
PACARLINGTON, VA
$330,599
Nov 5, 2024
3
FASKEN MANAGEMENT
OrganizationMIDLAND, TX
$10,000
May 24, 2023
4
REPUBLICAN PARTY OF HARRISON COUNTY
OrganizationMARSHALL, TX
$4,000
Oct 16, 2024
5
FOLAD ENTERPRISES LLC
OrganizationPINELLAS PARK, FL
$2,000
May 20, 2024
6
BALCH & BINGHAM LLP
OrganizationBIRMINGHAM, AL
$1,000
May 20, 2024
7
PARTNERS HOTEL GROUP LLC
OrganizationMURPHY, TX
$1,000
Jun 7, 2023
8
KHAT INVESTMENS LLC
OrganizationMIDLAND, TX
$1,000
Jun 30, 2023
9
PJB INVESTMENT ADVISORS LLC
OrganizationADDISON, TX
$800
May 1, 2024
10
GRANT MORELAND LP LLC
OrganizationGILMER, TX
$750
Sep 19, 2024

Sen. Whitehouse, Sheldon [D-RI]

ID: W000802

Top Contributors

20

1
HEISING, MARK
MEDLEY PARTNERS • MANAGING DIRECTOR / FOUNDER
IndividualATHERTON, CA
$6,600
Mar 4, 2024
2
PAGE, GLORIA
N/A • NOT EMPLOYED
IndividualLOS ALTOS, CA
$5,400
Apr 14, 2023
3
PAGE, GLORIA
IndividualLOS ALTOS, CA
$5,000
Apr 24, 2023
4
PAGE, GLORIA
N/A • NOT EMPLOYED
IndividualLOS ALTOS, CA
$3,330
Jul 12, 2024
5
PAGE, GLORIA
IndividualLOS ALTOS, CA
$3,330
Sep 8, 2024
6
CONOVER, CATHERINE M.
SELF EMPLOYED • INVESTOR
IndividualWASHINGTON, DC
$3,300
Oct 25, 2024
7
LANG, DAVID
N/A • RETIRED
IndividualPORTSMOUTH, RI
$3,300
Oct 28, 2024
8
ARNOLD, JOHN
N/A • NOT EMPLOYED
IndividualHOUSTON, TX
$3,300
Nov 20, 2023
9
BILLINGSLEY, LINDSAY
ALLIANCE RESIDENTIAL • REAL ESTATE
IndividualDALLAS, TX
$3,300
Dec 16, 2023
10
BILLINGSLEY, LINDSAY
ALLIANCE RESIDENTIAL • REAL ESTATE
IndividualDALLAS, TX
$3,300
Dec 16, 2023

Sen. Durbin, Richard J. [D-IL]

ID: D000563

Top Contributors

23

1
MIAMI TRIBE OF OKLAHOMA
OrganizationMIAMI, OK
$1,700
Mar 29, 2024
2
SHAKOPEE MDEWAKANTON SIOUX COMMUNITY
OrganizationPRIOR LAKE, MN
$1,000
May 17, 2024
3
MIAMI TRIBE OF OKLAHOMA
OrganizationMIAMI, OK
$800
Mar 29, 2024
4
KUJAWSKI, JOHN
SELF-EMPLOYED • ATTORNEY
IndividualSAINT LOUIS, MO
$5,000
May 28, 2024
5
KUJAWSKI, JOHN
IndividualSAINT LOUIS, MO
$5,000
Jun 4, 2024
6
KUJAWSKI, JOHN
SELF-EMPLOYED • ATTORNEY
IndividualSAINT LOUIS, MO
$3,600
May 29, 2024
7
KUJAWSKI, JOHN
IndividualSAINT LOUIS, MO
$3,600
Jun 4, 2024
8
BARKER, MARA MILLS
NOT EMPLOYED • NOT EMPLOYED
IndividualCHICAGO, IL
$3,300
Dec 26, 2024
9
BARKER, MARA MILLS
NOT EMPLOYED • NOT EMPLOYED
IndividualCHICAGO, IL
$3,300
Dec 26, 2024
10
CHOWDHURY, SHUVRO
BOWERY ENGINE • ENGINEER
IndividualNEW YORK, NY
$3,300
Nov 1, 2024

Donor Network - Sen. Kennedy, John [R-LA]

PACs
Organizations
Individuals
Politicians

Hub layout: Politicians in center, donors arranged by type in rings around them.

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Showing 35 nodes and 46 connections

Total contributions: $46

Top Donors - Sen. Kennedy, John [R-LA]

Showing top 12 donors by contribution amount

12 Individuals

Project 2025 Policy Matches

This bill shows semantic similarity to the following sections of the Project 2025 policy document.AI-enhanced analysis provides detailed alignment ratings.

Department of Education

Minimal
Vector: 62%
Pages: 368-370AI Enhanced

AI Analysis:

"The bill concerns adjusting the monetary threshold for federal diversity jurisdiction in civil cases, which is unrelated to the Project 2025 education policy objectives regarding IDEA regulations, school meals, or student loan repayment plans. There is no thematic or policy overlap between the two."

— 336 — Mandate for Leadership: The Conservative Promise on civil rights, the next conservative Administration should take sweeping action to assure that the purpose of the Civil Rights Act is not inverted through a disparate impact standard to provide a pretext for theoretically endless federal meddling. Assistance to States for the Education of Children with Disabilities; Preschool Grants for Children with Disabilities (Equity in IDEA) l Effective January 18, 2017, the department issued final regulations under Part B of IDEA that require states to consider race and ethnicity in the identification, placement, and discipline of students with disabilities. The new Administration should rescind this regulation. Students should never be denied access to special education services because of their race or ethnicity, but this is happening in school districts across the country thanks to the Obama Administration’s Equity in IDEA regulation. This was not the intent of the regulation, but it is an inevitable byproduct of its flawed assumptions. The Obama Administration looked at the racial statistics on special education assignment and made two assumptions: that African American students were dis- proportionately overrepresented, and that this overrepresentation constituted a harm that required federal pressure to ameliorate. School districts deemed to overrepresent minority students in special education assignment, or in discipline amongst special education students, are tagged by their state education agencies as engaging in “significant disproportionality,” and are required to reallocate 15 percent of their IDEA Part B money into coordinated early intervening services that are intended to address the “root causes of dispro- portionality.” In practice, this can mean raiding special education funding to pay for CRT-inspired “equity” consultants and professional development. This is especially problematic given that both of the assumptions behind Equity in IDEA are flawed. Special education services provide extra assistance to students; they do not harm them. And according to the most rigorous research on the subject, conducted by Penn State’s Paul Morgan, black students are actually underrep- resented in special education once adequate statistical controls are made. That means that this regulation effectively further depresses the provision of valuable services to an already underserved group. l The next Administration should immediately commence rulemaking to rescind the Equity in IDEA regulation. No replacement regulation is required. l The Office of Special Education and Rehabilitative Services (OSERS) should prepare a digest of the best research on this subject and share — 337 — Department of Education it directly with state superintendents and state special education leaders across the country, who have been led by this regulation to believe a false problem diagnosis. Every effort should be made to dissuade states from continuing to operate on the assumption that overrepresentation requires state intervention after the federal pressure is rescinded. Provide School Meals to Children in Need; Do Not Use Federal Meals to Support Radical Ideology In May 2022, the U.S. Department of Agriculture (USDA) tried to advance a radical political agenda using the federal school meal program. Nearly a century ago, federal lawmakers adopted the National School Lunch Program (NSLP) and School Breakfast Program (SBP) and other services that provide meals for K–12 students to give children from low-income families access to food while at school. Since the 1940s, federal lawmakers have greatly expanded these meal programs, creating an entitlement for nearly all students, regardless of family income levels, and have turned the meal programs into some of the most wasteful federal pro- grams in Washington. Now, the USDA is threatening to withhold federal taxpayer spending for these meals from schools that do not implement Title IX of the Education Amendments of 1972 so that the term “sex” is replaced with “sexual orientation and gender identity” (SOGI). l The next Administration should prohibit the USDA or any other federal agency from withholding services from federal or state agencies—including but not limited to K–12 schools—that choose not to replace “sex” with “SOGI” in that agency’s administration of Title IX. The Administration will have significant support for this policy change among state officials and Members of Congress. Twenty-two state attorneys general filed a lawsuit after the USDA’s announcement that the agency intended to withhold spending from schools that do not replace sex with SOGI. Members of Congress also introduced legislation in 2022 that would prohibit the agency from carrying out its intentions regarding Title IX. Phase Out Existing Income-Driven Repayment Plans While income-driven repayment (IDR) of student loans is a superior approach relative to fixed payment plans, the number of IDR plans has proliferated beyond reason. And recent IDR plans are so generous that they require no or only token repayment from many students. l The Secretary should phase out all existing IDR plans by making new loans (including consolidation loans) ineligible and should implement

24

Minimal
Vector: 62%
Pages: 767-769AI Enhanced

AI Analysis:

"The bill addresses inflation adjustment of the federal diversity jurisdiction monetary threshold, while the Project 2025 policy focuses on Federal Reserve monetary policy reforms, including ending MBS purchases and interest on excess reserves. There is no substantive overlap in subject matter, objectives, or mechanisms between the two texts."

Key themes:inflationFederal Reserve

— 735 — Federal Reserve above the prior record high of 7.0 set in 2005.18 The mortgage-payment-to- income ratio hit 43.3 percent in August 2022—breaking the highs of the prior housing bubble in 2008.19 Mortgage payment on a median-priced home (with a 20 percent down payment) jumped to $2,408 in the autumn of 2022 vs. $1,404 just one year earlier as home prices continued to rise even as mortgage rates more than doubled. Renters have not been spared: Median apartment rental costs have jumped more than 24 percent since the start of 2021.20 Numerous cities experienced rent increases well in excess of 30 percent. A primary driver of higher costs during the past three years has been the Federal Reserve’s purchases of mortgage-backed securities (MBS). Since March 2020, the Federal Reserve has driven down mortgage interest rates and fueled a rise in housing costs by purchasing $1.3 trillion of MBSs from Fannie Mae, Freddie Mac, and Ginnie Mae. The $2.7 trillion now owned by the Federal Reserve is nearly double the levels of March 2020. The flood of capital from the Federal Reserve into MBSs increased the amount of capital available for real estate purchases while lower interest rates on mortgage borrowing—driven down in part by the Federal Reserve’s MBS purchases— induced and enabled borrowers to take on even larger loans.21 The Federal Reserve should be precluded from any future purchases of MBSs and should wind down its holdings either by selling off the assets or by allowing them to mature without replacement. l Stop paying interest on excess reserves. Under this policy, also started during the 2008 financial crisis, the Federal Reserve effectively prints money and then “borrows” it back from banks rather than those banks’ lending money to the public. This amounts to a transfer to Wall Street at the expense of the American public and has driven such excess reserves to $3.1 trillion, up seventyfold since 2007.22 The Federal Reserve should immediately end this practice and either sell off its balance sheet or simply stop paying interest so that banks instead lend the money. Congress should bring back the pre-2008 system, founded on open-market operations. This minimizes the Fed’s power to engage in preferential credit allocation. MONETARY RULE REFORM OPTIONS While the above recommendations would reduce Federal Reserve manipulation and subsidies, none would limit the inflationary and recessionary cycles caused by the Federal Reserve. For that, major reform of the Federal Reserve’s core activity of manipulating interest rates and money would be needed. A core problem with government control of monetary policy is its exposure to two unavoidable political pressures: pressure to print money to subsidize — 736 — Mandate for Leadership: The Conservative Promise government deficits and pressure to print money to boost the economy artificially until the next election. Because both will always exist with self-interested politi- cians, the only permanent remedy is to take the monetary steering wheel out of the Federal Reserve’s hands and return it to the people. This could be done by abolishing the federal role in money altogether, allowing the use of commodity money, or embracing a strict monetary-policy rule to ward off political meddling. Of course, neither free banking nor a allowing commodi- ty-backed money is currently being discussed, so we have formulated a menu of reforms. Each option involves trade-offs between how effectively it restrains the Federal Reserve and how difficult each policy would be to implement, both polit- ically for Congress and economically in terms of disruption to existing financial institutions. We present these options in decreasing order of effectiveness against inflation and boom-and-bust recessionary cycles. Free Banking. In free banking, neither interest rates nor the supply of money is controlled by the government. The Federal Reserve is effectively abolished, and the Department of the Treasury largely limits itself to handling the government’s money. Regions of the U.S. actually had a similar system, known as the “Suffolk System,” from 1824 until the 1850s, and it minimized both inflation and economic disruption while allowing lending to flourish.23 Under free banking, banks typically issue liabilities (for example, checking accounts) denominated in dollars and backed by a valuable commodity. In the 19th century, this backing was commonly gold coins: Each dollar, for example, was defined as about 1/20 of an ounce of gold, redeemable on demand at the issuing bank. Today, we might expect most banks to back with gold, although some might prefer to back their notes with another currency or even by equities or other assets such as real estate. Competition would determine the right mix of assets in banks’ portfolios as backing for their liabilities. As in the Suffolk System, competition keeps banks from overprinting or lending irresponsibly. This is because any bank that issues more paper than it has assets available would be subject to competitor banks’ presenting its notes for redemp- tion. In the extreme, an overissuing bank could be liable to a bank run. Reckless banks’ competitors have good incentives to police risk closely lest their own hold- ings of competitor dollars become worthless.24 In this way, free banking leads to stable and sound currencies and strong finan- cial systems because customers will avoid the riskier issuers, driving them out of the market. As a result of this stability and lack of inflation inherent in fully backed currencies, free banking could dramatically strengthen and increase both the dominant role of America’s financial industry and the use of the U.S. dollar as the global currency of choice.25 In fact, under free banking, the norm is for the dollar’s purchasing power to rise gently over time, reflecting gains in economic productivity. This “supply-side deflation” does not cause economic busts. In fact,

Department of Housing and Urban Development

Minimal
Vector: 61%
Pages: 548-550AI Enhanced

AI Analysis:

"The bill adjusts the monetary threshold for federal diversity jurisdiction to account for inflation, which is unrelated to the Project 2025 HUD policy objectives concerning housing market interference by foreign nations, DEI/CRT/ESG initiatives, housing construction costs, or homelessness policy reforms."

— 515 — Department of Housing and Urban Development 25. Process must prioritize where political leadership can implement administrative reforms through regulatory action and subregulatory guidance reforms. 26. China and other foreign nations should not be able to disrupt our nation’s housing markets, including by artificially driving up prices and reducing affordability and access to housing for Americans who are crowded out of the market by such market participation. 27. These initiatives are maintained under such designations as diversity, equity, and inclusion (DEI); critical race theory (CRT); black, indigenous, Pacific Islander, and other people of color (BIPOC); and environmental, social, and governance (ESG). 28. At a minimum, these efforts duplicate what the federal government already collects and assesses; at worst, they institute arbitrary procedures in real estate appraisal practices that undermine integrity and perversely introduce arbitrary biases into what should be an unbiased system for determining financial value. 29. Revise regulatory and subregulatory guidance, where applicable within statutory authorities, that adds unnecessary delay and costs to the construction and development of new housing and has been estimated to account for about 40 percent of new housing unit costs in multifamily housing. 30. The Biden Administration has issued a proposed rule to replace the Trump Administration’s “Preserving Community and Neighborhood Choice” rule that had repealed earlier rules expanding AFFH enforcement. See U.S. Department of Housing and Urban Development, Office of Fair Housing, “Preserving Community and Neighborhood Choice,” Final Rule, Federal Register, Vol. 85, No. 153 (August 7, 2020), pp. 47899–47912, https://www.govinfo.gov/content/pkg/FR-2020-08-07/pdf/2020-16320.pdf (accessed March 5, 2023), and U.S. Department of Housing and Urban Development, Office of the Secretary, “Affirmatively Furthering Fair Housing,” Proposed Rule, Federal Register, Vol. 88, No. 27 (February 9, 2023), pp. 8516–8590, https://www. govinfo.gov/content/pkg/FR-2015-07-16/pdf/2015-17032.pdf (accessed March 5, 2023). 31. Certain pilot initiatives may encourage greater take-up of loan products designed for faster equity accumulation, including loans with shorter terms and accelerated amortization schedules. In concept, the FHA’s Home Equity Accelerator Loan (HEAL) and Good Neighbor Next Door (GNND) pilot initiatives might lead to meaningful wealth generation for first-time buyers, but they should be available to all eligible households only when they do not arbitrarily discriminate based on race or other characteristics. 32. Housing supply does remain a problem in the U.S., but constructing more units at the low end of the market will not solve the problem. Investors and developers can deliver at more efficient cost new units that will allow for greater upward mobility of rental and ownership housing stock and better target increased construction of mid-tier rental units. Further, and more fundamental to the housing supply challenge in markets across the U.S., localities can consider revising land use, zoning, and building regulations that constrict new housing development, adding time delays and costs that impede construction. Federal housing policy should get out of the way where possible and minimize the distortive impact that stimulating greater demand through loose lending can have in driving up housing prices for households that are looking for affordable entry into the housing market. 33. U.S. Department of Housing and Urban Development, Office of the Secretary, “Housing and Community Development Act of 1980: Verification of Eligible Status,” Proposed Rule, Federal Register, Vol. 84, No. 91 (May 10, 2019), pp. 20589–20595, https://www.govinfo.gov/content/pkg/FR-2019-05-10/pdf/2019-09566.pdf (accessed March 5, 2023). 34. Reforms should contemplate rent payment flexibilities, allow escrow savings, and set maximum term limits that can reduce implicit penalties for increasing household incomes over eligibility terms for housing assistance and reweight waiting-list prioritization for two-parent households. 35. Some PHAs have been able to implement work requirements and term limit policies in various congressionally authorized demonstration programs, notably the Moving to Work (MTW) demonstration program established in 1996 for 39 PHAs (Congress has since authorized another 100 PHAs) in which participating MTW PHAs were given authority to implement rent reforms, work requirements and other experimental policies in rental assistance programs along with flexibilities in the use of capital and operating appropriations. 36. The FSS program has a general five-year term with a possible two-year extension, which could be applied at the term limit for overall benefits, and certain PHAs have imposed five-year to seven-year term limits. Families in these programs build escrow savings during their term eligibility that helps to facilitate successful transitions to family self-sufficiency and unassisted housing. — 516 — Mandate for Leadership: The Conservative Promise 37. HUD should implement administrative changes in regulation and guidance and seek statutory authority to end all Housing First directives of Continuum of Care (CoC) grantees and contract homelessness providers in addition to establishing restrictions on local Housing First policies where HUD grant funds are used. 38. The U.S. Interagency Council on Homelessness (USICH) was established in the 1990s, and numerous Administrations have devoted enormous resources to the Housing First model, experimenting with various ways to provide federally financed rapid rehousing and permanent housing opportunities. Housing First is a far-left idea premised on the belief that homelessness is primarily circumstantial rather than behavioral. The Housing First answer to homelessness is to give someone a house instead of attempting to understand the underlying causes of homelessness. Federal intervention centered on Housing First has failed to acknowledge that resolving the issue of homelessness is often a matter of resolving mental health and substance abuse challenges. Instead of the permanent supportive housing proffered by Housing First, a conservative Administration should shift to transitional housing with a focus on addressing the underlying issues that cause homelessness in the first place. 39. The Senate Low-Income First-Time Homebuyers (LIFT) Act would address this policy goal. See S. 2797, Low-Income First-Time Homebuyers Act of 2021 (LIFT Homebuyers Act of 2021), 117th Congress, introduced September 22, 2021, https://www.congress.gov/117/bills/s2797/BILLS-117s2797is.pdf (accessed March 5, 2023). 40. FHA did not facilitate the widespread use of 30-year mortgages until the 1950s when, interacting with Federal Reserve policies, federal agencies began broader adoption of the mortgages, which, despite lowering the monthly repayment terms, result in slow equity accumulation and wealth-building opportunities. 41. The Housing and Economic Recovery Act of 2008 fundamentally revised the scope of federal regulation in the nation’s housing finance system, placing Fannie Mae and Freddie Mac under the purview of a newly established Federal Housing Finance Agency (FHFA) and establishing a Housing Trust Fund (HTF) that is administered in the HUD Office of Community Planning and Development. See H.R. 3221, Housing and Economic Recovery Act of 2008, Public Law No. 110-289, 110th Congress, July 30, 2008, https://www.congress. gov/110/plaws/publ289/PLAW-110publ289.pdf (accessed March 5, 2023). 42. Guiding questions: What reforms should be proposed that could be accomplished within five years? What reforms can be done administratively, and what reforms would need legislative authorization? Are there functions that HUD administers that could be achieved more effectively at another department or agency? What big-picture reforms should be proposed that might take more than five years that would reorganize HUD and its programs to meet the objectives in the vision or mission? What would occur in the absence of these public finance subsidies? How much crowd-out do these subsidies create in the market? Would America be a seriously underhoused nation without these subsidies? Who are the policies intended to benefit? What organizational changes must be made? 43. The Faircloth Amendment (Quality Housing and Work Responsibility Act of 1998) amended the Housing Act of 1937 to maintain public housing units at 1999 levels, preventing housing authorities from maintaining more public housing than they did then. H.R. 4194, Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999, Public Law No. 105-276, 105th Congress, October 21, 1998, Title V, https://www.congress.gov/105/plaws/publ276/PLAW-105publ276.pdf (accessed March 5, 2023). In recent years, the statutory restriction on new construction of public housing units has been circumvented through some narrow uses of preservation programs such as the Rental Assistance Demonstration (RAD) program, initially authorized in 2012 and reauthorized several times since under higher program unit conversion caps. Congress also provided paths for renewal and continuation of a portion of existing public housing; project/site-based housing stock (refinancing with long-term HAP contract commitments); and Section 8 units through the Multifamily Assisted Housing Reform and Affordability Act of 1997 (MAHRA). H.R. 2158, Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1998, Public Law No. 105-65, 105th Congress, October 27, 1997, Title V, https://www.congress.gov/105/plaws/publ65/PLAW-105publ65.pdf (accessed March 5, 2023). 44. As the evolution of HUD rental assistance transitions away from the public housing model toward housing choice vouchers, there should be adequate landlord participation to ensure that the supply of housing units for rent in these programs meets the demand for rent among eligible tenants. This issue has been addressed in various ways, including by a task force instituted at the department during the Trump Administration, but could likely remain a challenge in the administration of the program.

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