    [Senate Hearing 117-282]
    [From the U.S. Government Publishing Office]

                                                            S. Hrg. 117-282

                       NOMINATIONS OF ADRIANNE TODMAN AND
                                NURIA FERNANDEZ

    =======================================================================

                                    HEARING

                                   before the

                                  COMMITTEE ON
                       BANKING,HOUSING,AND URBAN AFFAIRS
                              UNITED STATES SENATE

                        ONE HUNDRED SEVENTEENTH CONGRESS

                                 FIRST SESSION

                                       ON

                                NOMINATIONS OF:

        ADRIANNE TODMAN, OF THE VIRGIN ISLANDS, TO BE DEPUTY SECRETARY,
                  DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                                   __________

      NURIA FERNANDEZ, OF CALIFORNIA, TO BE FEDERAL TRANSIT ADMINISTRATOR

                                   __________

                                  MAY 11, 2021

                                   __________

      Printed for the use of the Committee on Banking, Housing, and Urban
                                       Affairs

      [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                    Available at: https: //www.govinfo.gov /

                               ______

                 U.S. GOVERNMENT PUBLISHING OFFICE
    47-785PDF           WASHINGTON : 2022

                COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS

                         SHERROD BROWN, Ohio, Chairman

    JACK REED, Rhode Island              PATRICK J. TOOMEY, Pennsylvania
    ROBERT MENENDEZ, New Jersey          RICHARD C. SHELBY, Alabama
    JON TESTER, Montana                  MIKE CRAPO, Idaho
    MARK R. WARNER, Virginia             TIM SCOTT, South Carolina
    ELIZABETH WARREN, Massachusetts      MIKE ROUNDS, South Dakota
    CHRIS VAN HOLLEN, Maryland           THOM TILLIS, North Carolina
    CATHERINE CORTEZ MASTO, Nevada       JOHN KENNEDY, Louisiana
    TINA SMITH, Minnesota                BILL HAGERTY, Tennessee
    KYRSTEN SINEMA, Arizona              CYNTHIA LUMMIS, Wyoming
    JON OSSOFF, Georgia                  JERRY MORAN, Kansas
    RAPHAEL WARNOCK, Georgia             KEVIN CRAMER, North Dakota
                                         STEVE DAINES, Montana

                         Laura Swanson, Staff Director

                     Brad Grantz, Republican Staff Director

                           Elisha Tuku, Chief Counsel

                   Homer Carlisle, Professional Staff Member

                     Beth Cooper, Professional Staff Member

                    Megan Cheney, Professional Staff Member

                     Dan Sullivan, Republican Chief Counsel

                     John Crews, Republican Policy Director

                          Cameron Ricker, Chief Clerk

                          Shelvin Simmons, IT Director

                        Charles J. Moffat, Hearing Clerk

                                      (ii)

                                C O N T E N T S

                                  ----------

                             TUESDAY, MAY 11, 2021

                                                                       Page

    Opening statement of Chairman Brown..............................     1
            Prepared statement.......................................    28

    Opening statements, comments, or prepared statements of:
        Senator Toomey...............................................     2
            Prepared statement.......................................    28

                                    NOMINEES

    Adrianne Todman, of the Virgin Islands, to be Deputy Secretary,
      Department of Housing and Urban Development....................     5
        Prepared statement...........................................    30
        Biographical sketch of nominee...............................    32
        Responses to written questions of:
            Chairman Brown...........................................    59
            Senator Toomey...........................................    63
            Senator Crapo............................................    75
            Senator Daines...........................................    75
    Nuria Fernandez, of California, to be Federal Transit
      Administrator..................................................     7
        Prepared statement...........................................    45
        Biographical sketch of nominee...............................    47
        Responses to written questions of:
            Chairman Brown...........................................    76
            Senator Toomey...........................................    79
            Senator Crapo............................................    83
            Senator Daines...........................................    84
            Senator Van Hollen.......................................    84

                  Additional Material Supplied for the Record

    Letters submitted in support of Nominee Adrianne Todman..........    88
    Letters submitted in support of Nominee Nuria Fernandez..........   114
    ``More Housing Vouchers: Most Important Step To Help More People
      Afford Stable Homes'', Center on Budget and Policy Priorities..   122

                                     (iii)

               NOMINATIONS OF ADRIANNE TODMAN AND NURIA FERNANDEZ

                                  ----------

                             TUESDAY, MAY 11, 2021

                                           U.S. Senate,
              Committee on Banking, Housing, and Urban Affairs,
                                                        Washington, DC.
        The Committee met at 10 a.m., remotely, via WebEx, Hon.
    Sherrod Brown, Chairman of the Committee, presiding.

              OPENING STATEMENT OF CHAIRMAN SHERROD BROWN

        Chairman Brown. The Senate Committee on Banking, Housing,
    and Urban Affairs will come to order. This hearing is in the
    virtual format. A few reminders to witnesses and to Senate
    colleagues and Committee Members. Once you start speaking there
    will be a slight delay before you are displayed on the screen.
    To minimize background noise click the Mute button until it is
    your turn to speak or ask questions.
        You should also have one box on your screen labeled Clock,
    that will show how much time is remaining. For witnesses, you
    will have 5 minutes for opening statements. For all Senators,
    the 5-minute clock still applies for your questions. At 30
    seconds remaining you will hear a bell to remind you time has
    almost expired, ringing again when your time has expired.
        If there is a technology issue we will move to the next
    witness or Senator until it is resolved.
        To simplify the speaking order process, Senator Toomey and
    I have agreed to go by seniority for this hearing.
        Today we will consider the nomination of two distinguished
    public servants, Adrianne Todman, to serve as Deputy Secretary
    of the Department of Housing and Urban Development--welcome--
    and Nuria Fernandez, to serve as Administrator of the Federal
    Transit Administration. Welcome to you. Thank you for your
    desire to continue to serve the public.
        Our Government works best when it reflects the country. For
    the second time since the start of the Biden-Harris
    administration, our Committee will consider two qualified women
    of color for senior positions. If confirmed, Ms. Fernandez will
    be the first woman of color to serve as FTA administrator, and
    Ms. Todman will be the first Black woman to serve as Deputy
    Secretary of HUD.
        Now we have a once-in-a-generation opportunity to rebuild
    our country's infrastructure. The investments that HUD and FTA
    can make have the potential to rebuild and bring down the cost
    of housing and transportation for workers and their families.
    These investments will create jobs, grow local communities and
    neighborhoods, from central Pennsylvania to northwest Ohio and
    all over the country, that Wall Street and Washington had left
    on their own for too long.
        At previous hearings, this Committee has heard about
    parents and their children being evicted from their homes in
    Columbus in the middle of a pandemic. We heard a restaurant
    worker in Cincinnati who had to spend her day's paycheck on an
    Uber to get to work because the bus did not run that route on
    Sundays, and if she missed that work she might lose her job.
        These stories are not unique to Ohio. Millions of people
    pay too much for housing, so many of our houses and apartment
    buildings are in desperate need of repair. Too many Americans
    had to turn down a job because there is no affordable way to
    get to work, or had to miss a doctor's appointment because
    their car broke down and no bus was running nearby.
        We know who is most likely to lose out on opportunities
    because of outdated infrastructure, the same communities, the
    same Black and Brown communities, especially, that have been
    denied investment over and over. Time and again, Federal
    policies have left them to fend for themselves, instead of
    offering the pathways to wealth and opportunity. Today's
    nominees understand the challenges we face, and they are
    obviously ready.
        Adrianne Todman led the National Association of Housing and
    Redevelopment Officials, where she worked with housing and
    community development leaders across the country. She also has
    run Washington, DC's, public housing agency. She has experience
    implementing national policy from her prior work at HUD. Her
    experience in running these large public sector organizations
    will serve her well as Deputy Secretary.
        Nuria Fernandez is one of the most experienced and
    qualified nominees to lead the FTA ever. She had already served
    the agency as Deputy Administrator and Acting Administrator
    during the Clinton administration. Before rejoining FTA this
    year, Ms. Fernandez ran the Santa Clara Valley Transportation
    Authority. She is an industry expert at delivering complex,
    high-profile infrastructure projects, and like all the
    witnesses who we bring in front of this Committee, she
    understands the dignity of work. High-quality transit is simply
    not possible without good workers. She has dedicated
    significant time during her career to ensuring that transit
    workers have the training they need to safely and efficiently
    do their work serving the public.
        Whether you are in our urban communities, our rural
    communities, or in Indian country, HUD and FTA have critical
    roles in helping us make equitable and sustainable
    infrastructure investments so we can build thriving
    communities. I look forward to hearing from both Ms. Fernandez
    and Ms. Todman today, and moving their nominations through this
    Committee quickly so that they can get to work to serve the
    American people.
        Senator Toomey.

             OPENING STATEMENT OF SENATOR PATRICK J. TOOMEY

        Senator Toomey. Thank you, Mr. Chairman. Ms. Todman and
    Deputy Administrator Fernandez, welcome to both of you and
    thank you for your willingness to serve.
        President Biden recently reached his 100th day in office,
    and so I think it is a good occasion to review what he promised
    and what he has been delivering. President Biden promised to be
    a unifier who would work across the aisle with both parties.
    Unfortunately, what he has delivered is a really partisan,
    classic, tax-and-spend liberal agenda. He has pushed enormous
    spending plans to achieve the liberal wish list that he had,
    and he is proposing raising taxes in all sorts of ways,
    including undoing the 2017 tax reforms that helped create the
    best economy of my lifetime.
        Ms. Todman and Deputy Administrator Fernandez have been
    nominated for important leadership positions at two agencies,
    HUD and FTA, that both will play a central role in the
    Administration's tax-and-spend plans.
        Let's consider housing first. After Congress just finished
    providing more than $80 billion for housing in response to
    COVID in 2020, that was on top of the $50 billion we annual
    spend on HUD programs alone, not to mention the billions that
    we spend on other housing programs. And then, of course, there
    are the tens of billions that we forego in tax revenue to
    subsidize housing in various ways.
        On top of all that, in this past March, the Biden
    administration pushed through an additional $32 billion for
    housing, purportedly in response to COVID. But the Democrats'
    March spending bill was not about providing COVID relief, and
    we know that because it made funding available for years after
    the expected end of the pandemic. For example, CBO estimates
    that none of the bill's $5 billion for HUD's homelessness
    assistance will even be spent in 2021, and that is not
    surprising since HUD has only spent a fraction of the money
    that was provided in the March 2020 CARES Act. In fact, as of
    this May, HUD has only spent 29 percent of these funds.
        But amazingly, the Biden administration is now proposing
    almost a quarter of a trillion dollars more for housing in its
    so-called infrastructure bill, which is really mostly a
    multitrillion-dollar expansion of the welfare State with a
    little bit of infrastructure sprinkled in.
        The Administration wants Congress to spend $40 billion to
    upgrade public housing projects, places where people generally
    do not want to live. The Biden administration is also imposing
    burdensome housing regulations that will stifle economic
    growth. For example, the Administration keeps extending a
    nationwide eviction moratorium that lacks both the legal basis
    and an economic justification.
        Just last week, a Federal judge ruled that the moratorium
    is unlawful, and there is clearly no economic justification for
    it since Congress has allocated billions and billions of
    dollars in rental assistance, stimulus checks, unemployment
    benefits, all to ensure that people could pay their bills. But
    many small landlords will be harmed by this eviction
    moratorium, and maybe more importantly, it will make a housing
    supply less available and more expensive over time.
        Democrats have taken a similar approach to transit spending
    after Congress just finished providing more than $40 billion
    for transit in response to COVID in 2020, that on top of the
    $12 billion we annually spend on transit. This March, the Biden
    administration and congressional Democrats pushed through, on a
    partisan basis, an additional $30 billion for transit,
    purportedly in response to COVID. So that is a total of $82
    billion that Congress spent on transit alone over the course of
    1 year.
        You might wonder what the annual cost of operating all of
    the transit agencies in the U.S. combined adds up to. Well, in
    2019, it was $54 billion. My colleagues try to justify the
    spending by saying that transit systems could collapse from
    declines in ridership and State and local government revenues,
    but ridership never dropped to zero, and ridership has
    increased significantly since the worst days of the pandemic
    last spring, and these systems are, by definition, local. They
    serve a city or maybe a metropolitan area. Shouldn't these
    local jurisdictions and States have any responsibility at all
    to pay for these systems? Evidently not, according to some of
    my colleagues.
        But remember, the fact is, on the whole, State and local
    tax collections set an all-time record high in 2020, and then,
    on top of that, we sent them $500 billion for COVID relief, and
    then, 2 months ago, the Democrat spending bill gave them yet
    another $350 billion. Now the Biden administration wants yet
    another $85 billion for transit as part of this really
    extraordinary spending binge.
        Now let's consider just one measure of how excessive this
    is. If we pass this Biden proposal, along with the FAST Act
    reauthorization, and we combine it with the $82 billion we
    provided just over the last year, we could have, instead,
    bought every transit commuter in America a $30,000 car. That is
    how much money we are spending.
        Given the billions that Democrats have spent and want to
    spend on housing and transit, I hope we will hear from today's
    nominees about how they plan to protect taxpayer dollars,
    protect it from waste and misuse. Both HUD and FTA have
    important missions. HUD serves many low-income Americans. FTA
    supports public transportation services for millions of
    Americans.
        We just cannot irresponsibly throw tens and hundreds of
    billions of dollars in these general directions without reform
    and oversight. As the Biden administration continues to
    consider an infrastructure package, it is my hope that it will
    keep its focus on actual infrastructure and not simply an
    expansion of the welfare State, as has been proposed.
        Thank you, Mr. Chairman.
        Chairman Brown. Thank you, Senator Toomey. I will now
    introduce our nominees. Ms. Adrianne Todman currently serves as
    the CEO of the National Association of Housing and
    Redevelopment Officials. She served as the Executive Director
    of the DC Housing Authority and several career positions at
    HUD. She has also served as legislative director for
    Congressman Ron de Lugo, the first delegate representing the
    U.S. Virgin Islands. Welcome, Ms. Todman.
        Ms. Nuria Fernandez was appointed by President Biden as
    Deputy Administrator of the FTA this past January. She is now
    serving as Acting Administrator. This is her second appointment
    at the FTA. She served as Deputy Administrator starting in
    1997, was Acting Administrator from 1999 to 2001. Prior to
    joining the Administration, Ms. Fernandez was the General
    Manager and CEO of the Santa Clara Valley Transportation
    Authority in greater San Jose, California, starting in 2013,
    responsible for 2,100 employees. She managed the operation of
    transit services in the Silicon Valley area. She oversaw the
    development and construction of a two-phased extension of the
    BART rail system. She has also held senior leadership roles in
    the New York, Chicago, and Washington, DC, transit agencies.
    Welcome, Ms. Fernandez.
        Ms. Todman, if you would begin, for 5 minutes. Thank you.
        Oh, I am sorry. I need to swear you each in. I apologize.
    So would you each rise and raise your right hands, even if you
    are partly out of camera view. Thank you.
        Do you swear or affirm the testimony you are about to give
    is the truth, the whole truth, and nothing but the truth, so
    help you God?
        Ms. Todman. I do.
        Ms. Fernandez. I do.
        Chairman Brown. Do you agree and testify before any duly
    instituted Committee of the Senate?
        Ms. Todman. I will.
        Ms. Fernandez. I will.
        Chairman Brown. OK. Thank you. If you would begin,
        Ms. Todman.

         STATEMENT OF ADRIANNE TODMAN, TO BE DEPUTY SECRETARY,
              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

        Ms. Todman. Chairman Brown, Ranking Member Toomey, and
    Members of the Committee, I am deeply honored and humbled to
    appear before you today as the nominee for Deputy Secretary of
    Housing and Urban Development. I want to begin by thanking
    President Biden for the confidence and trust that he has placed
    in me with my nomination for this position.
        I would also like to thank my family for their unwavering
    support, patience, and love, not just over the past several
    weeks, but always. And Chairman, I would like to point out that
    both my husband and daughter are here with me today, and I know
    that there are multitudes of family, friends, and colleagues
    who are watching this broadcast right now, and I thank them for
    their support as well.
        I have lived in Washington, DC, for some years, and one of
    my favorite experiences is the sight of an enthusiastic group
    of students visiting the Nation's capital for the first time.
    Their joy and awe remind me of my very first trip to this city
    as a teenager several decades ago, as part of a week-long
    education program on the Federal Government. I traveled here
    from the U.S. Virgin Islands, where I was born and raised, and
    I recall returning home inspired. That inspiration and my
    belief in the power of public service led me back to
    Washington, DC. I spent the early years of my career working in
    the office of Congressman Ron de Lugo, the delegate from the
    Virgin Islands, on matters important to families who lived
    there.
        After my tenure on the Hill, I had the great fortune of
    joining the career staff in the Office of Public and Indian
    Housing at HUD. There, I helped stand up a new national program
    designed to revitalize distressed public housing units and
    provide self-sufficiency programs. Following that role, I
    became a policy aide in the Office of the Assistant Secretary
    for Public and Indian Housing and later served in the Office of
    the Secretary, where my experience with HUD programs broadened.
        I also have years of experience as a local housing
    practitioner. During my tenure as Executive Director of the DC
    Housing Authority, I led efforts to preserve public housing
    units and expand youth-focused programs. I worked closely with
    private landlords to improve and streamline the tenant-based
    voucher program and helped voucher-holders explore a variety of
    neighborhoods. I worked with homeless service providers and
    other organizations dedicated to serving vulnerable
    populations, such as young adults aging out of the foster care
    system, survivors of domestic abuse, and veterans experiencing
    homelessness. In addition, I worked with all stakeholders, from
    developers to lenders to community members, to build and manage
    new affordable housing units.
        While leadership is paramount, sound management is
    critical. During my tenure at both the District of Columbia
    Housing Authority and the National Association of Housing and
    Redevelopment Officials, I worked to strengthen our business
    systems, ensure sound financial management, and provide staff
    the resources needed to effectively do their jobs. As a leader
    and a manager, I emphasized each person's importance to our
    mission, no matter their role.
        My career in Government and the nonprofit sector has been
    dedicated to improving people's lives and strengthening
    communities through housing. Sadly, this is out of reach for
    far too many Americans, particularly people of color. Far too
    many among us have been denied access to resources and support
    to realize their aspirations and reach their full potential.
    The past 14 months of the COVID-19 pandemic have underscored
    the necessity of having a stable, affordable home, and
    demonstrated the interconnection between housing, health, and
    opportunity.
        We have a responsibility to confront housing insecurity,
    and help ensure access to good homes. It is our responsibility
    to eliminate all forms of housing discrimination, and to build
    our Nation's housing infrastructure in a way that expands
    equitable access to housing for all people.
        If confirmed, I will focus on immediate housing needs
    related to the pandemic and longer-term structural housing
    challenges. If confirmed, I commit to working with the
    Secretary to ensure that HUD has the staff and tools it needs
    to administer and provide oversight over programs critical to
    moving this country and families forward.
        If confirmed, it would be my honor to once again serve
    alongside the staff of HUD in carrying out HUD's very critical
    mission. I would like to thank you for the opportunity to
    testify before you today, and I look forward to your questions.
        Chairman Brown. Thank you, Ms. Todman. Acting Secretary
    Fernandez, welcome.

          STATEMENT OF NURIA FERNANDEZ, TO BE FEDERAL TRANSIT
                             ADMINISTRATOR

        Ms. Fernandez. Thank you, Mr. Chairman. Good morning. Good
    morning Chairman Brown, Ranking Member Toomey, Members of the
    Committee. It is a privilege for me to appear before you today
    as you consider my nomination for Administrator of the Federal
    Transit Administration. I am honored and humbled that President
    Biden and Secretary Buttigieg have entrusted me to serve in
    this role. Please allow me a moment to recognize someone
    special. My husband Dan Hall, a native of Cleveland, Ohio, and
    a Glenville High School graduate of Class of '67, is here with
    me.
        I was born in Panama City, where I took transit buses
    daily, and came to the United States as a young woman to pursue
    my engineering degree. I really appreciated the doors this
    country has opened for me. I chose a career in transit because
    of its ability to open a world of opportunities to everyone.
    Public transportation is the greatest equalizer: it allows
    people to get to jobs, schools, and services, regardless of
    where they live, if they own a car, or their ability to drive.
    Yet, to fully achieve that vision for everyone, we still have
    some miles to travel.
        If confirmed, I pledge, first and foremost, to uphold
    DOT's--and FTA's--primary mission: to improve the safety of
    public transportation systems. I will work with Secretary
    Buttigieg to achieve the Biden-Harris administration's goals of
    beating the COVID-19 pandemic, supporting our economy,
    providing a greener way to travel, and embracing diversity and
    inclusion as we strengthen transit's role in connecting people
    and places.
        I step into this role at a time unlike any other in public
    transportation. The COVID-19 pandemic has highlighted the
    importance of public transit. During the pandemic, Federal
    assistance ensured buses, trains, subways, and paratransit
    services continued to help people get to work, access testing
    and other medical appointments, and stay connected.
        As vaccines became available, transit agencies got
    creative, with the Port Authority of Allegheny County finding
    new ways to reach and help at-risk seniors, Mountain Line
    Transit in Missoula printing a route map showing how to access
    vaccination clinics by bus, and many rural systems offering
    dial-a-ride services to get folks to vaccination clinics far
    from home.
        Now, as President Biden's leadership has created the
    opportunity for more than 200 million shots in arms, our
    country is reopening. People are resuming daily life, and
    transit will return to its backbone role of moving our country.
    Work and commuting schedules may look different, but the need
    for public transportation to serve our communities remains
    acute.
        The American Jobs Plan will provide a once-in-a-generation
    investment in infrastructure to make America more competitive
    and help create 19 million jobs, in part through revitalizing
    our transit systems. If confirmed, I plan to take this
    opportunity to work with Congress and our transit partners
    throughout the country to make our industry the best it can be
    as we emerge from this national emergency.
        My long career in transit has prepared me for this moment.
    Over 35 years, working at the Federal Transit Administration,
    the Chicago Transit Authority, the Washington Metropolitan Area
    Transit Authority here in Washington, DC, the New York State
    Metropolitan Transportation Authority in New York and, most
    recently, as General Manager of the Santa Clara Valley
    Transportation Authority in San Jose, California. I led 2,100
    employees and a transit program that served millions who live
    and work in Silicon Valley.
        Under my direction, the Valley Transportation Authority
    established an Innovation Center to collaborate with tech
    companies and universities to find new ways to improve
    mobility. We also set up a human trafficking awareness program
    for VTA staff that became a model for a State law requiring all
    California transit agencies to train frontline workers on how
    to recognize it and how to respond.
        I take pride in my fiscal management of VTA's transit
    program, including overseeing Federal grants for capital
    projects such as extending the Bay Area Rapid Transit's heavy
    rail, which will connect millions to San Francisco and beyond.
    And for the past year, I served as Chair of the American Public
    Transportation Association, which helped reinforce my
    relationships with transit leaders throughout the country.
        If confirmed, I would apply all of those experiences to
    make sure FTA continues to adhere to its role ensuring safety,
    accountability, and stewardship of public funds. I look forward
    to welcoming new technology and building upon FTA's decades of
    delivering reliable and equitable transportation, and, of
    course, working with you to ensure our Nation's public
    transportation system serves everyone, whether they live in
    rural areas or our suburbs and cities.
        I would like to thank the Committee for the opportunity to
    appear here today, and I welcome your questions.
        Chairman Brown. Thank you, Administrator Fernandez, for
    those comments.
        Let me begin with you, Ms. Todman. In Cleveland, and in
    older industrial great cities around, particularly the Midwest
    but really throughout the country, but in Cleveland
    specifically, 90 percent of the housing was built before lead
    paint was banned, and it still has consequences for our kids.
    We know lead paint poisoning has harmful, lifelong effects.
    Lead-based paint remains the top sources of lead exposure. What
    can HUD do to protect kids from lead in their homes? How does
    Congress need to do more to support that, Ms. Todman?
        Ms. Todman. Mr. Chairman, thank you so much for that
    question, and I will say I share your deep concern for the
    impact that lead hazards have, particularly on our young people
    across the country. We have a responsibility to ensure that
    lead hazards are mitigated in assisted housing, and, you know,
    HUD has the tools to do that. So, if confirmed, and I become
    Deputy Secretary, I will make sure, to your question, to get a
    good grasp on making sure all the tools are working at full
    tilt, and make sure that the HUD staff is aware of their
    responsibilities, and service providers on the ground are aware
    of theirs. I look forward to working with you on that.
        Chairman Brown. Thank you, and we will be watching. I voted
    to confirm Secretary Carson. He was a neurologist or a brain
    surgeon, I believe, and he knew what lead did to the human
    brain, the developing, very young human brain, and we just
    didn't see much action, frankly. And we will be watching and
    making sure that you live up to those commitments that you and
    my friend, Secretary Fudge, and President Biden have made on
    lead.
        Administrator Fernandez, Acting Administrator, you touched,
    near the end of your statement, about what you have done with
    transit infrastructure in terms of workforce, especially
    challenging as the industry works to incorporate new
    technologies like electric and hydrogen buses, you need
    different mechanic skills, all that. I have heard these
    workers, will require workers to know computer programming as
    much as mechanics.
        What are the major outstanding needs in the transit
    workforce in terms of recruitment and retention and training?
    What should we be doing to address those needs?
        Ms. Fernandez. Thank you very much for your question, Mr.
    Chairman. You know, creating high-quality American jobs is core
    to the Biden-Harris administration's Build Back Better vision,
    and a workforce development program is at the center, and it is
    important to Secretary Buttigieg as well as myself.
        So FTA is committed to supporting efforts to recruit and
    train the next generation of transit workers. As you may know,
    the American Jobs Plan does have a recommendation to increase
    the number of technology for transit fleet, and converting that
    fleet to a low or no emission is going to introduce a series of
    technologies--battery, electric technology will be one of them.
    And clearly, making sure that our current workforce has the
    opportunity to be retrained so that they can be retained, in
    addition to upskilling and reskilling others that want to be
    involved with this, is going to be at the center of all the
    work that we are going to be doing.
        On April 15, the FTA announced a $5 million funding
    opportunity for a new transit workforce center, and it is going
    to provide technical assistance to the transit industry to be
    able to implement the best practices and workforce development.
        If confirmed, I will continue to ensure that the Federal
    Transit Administration supports the needs of our Nation's
    transit workforce, including supporting the recruiting and
    retention of this important asset.
        Chairman Brown. Thank you, Ms. Fernandez. In my last minute
    or so, this question is to both of you, and be brief if you can
    since time is short.
        COVID-19 has been the great revealer in so many ways. It
    has brought challenges in showing the iniquities and bring them
    to the forefront, inequities that have persisted for years--
    structural racism and income and wealth inequality.
        Each of you, if you would, what has COVID-19 revealed to
    you, specifically, Ms. Todman, about housing, and specifically,
    Ms. Fernandez, about public transportation?
        Ms. Todman. Thank you, Chairman. We were all told to stay
    home at the beginning of the pandemic last year, and sadly,
    many Americans did not have a home to go to, and many
    Americans, over the course of the pandemic, have suffered from
    housing insecurity. So, I think that this pandemic has
    underscored the importance of housing, and affordable housing,
    for all sectors of our community, including people of color and
    renters.
        Chairman Brown. Ms. Fernandez.
        Ms. Fernandez. Yes. Thank you, Mr. Chairman. In addition to
    the lack of housing and proximity to public transportation, the
    pandemic has also highlighted the disparities that communities
    that have been historically underserved have experienced. We
    have encountered transit deserts where there were not viable
    transportation options for individuals that needed to go to
    vaccination centers or get testing. So there is an opportunity
    to work closer, and I look forward, if confirmed, to working
    with the Department of Housing and Urban Development to ensure
    that there is not only affordable housing in proximity to
    public transportation, but within FTA that there is high-
    quality public transit available for all.
        Chairman Brown. Thank you, Administrator Fernandez. Senator
    Toomey.
        Senator Toomey. Thank you, Mr. Chairman. Ms. Todman and Ms.
    Fernandez, thanks for taking the time to chat yesterday. I
    enjoyed our conversations.
        I want to talk a little bit about the downpayment
    assistance in FHA loans. As you know, these loans require
    minimal downpayment, generally, but HUD does permit downpayment
    assistance--DPA, as it is known--which may let borrowers buy
    homes with no money down.
        Downpayment requirement is important for many reasons, and
    that is why there are important restrictions on the source of
    funds that comprise the downpayment. In 2008, Congress updated
    the law and prevented any part of a downpayment for an FHA loan
    to come from an entity that financially benefits from the
    transaction. However, HUD's IG has concluded that some DPA
    programs are still structured in a way that violates the law,
    because the DPA provider is reimbursed for providing the
    downpayment, and thereby financially benefits from the
    transaction.
        So, Ms. Todman, last week I sent a letter to the HUD
    Secretary and the HUD IG, asking them to provide records and to
    brief my staff to understand why the former HUD Deputy
    Secretary chose to disregard the HUD IG's findings. My question
    for you this morning is, will you ensure that HUD provides me
    with this information that I have requested, and will you also
    review the former Deputy Secretary's decision, and just notify
    me of the results of your review?
        Ms. Todman. Thank you, Senator, for that question. I am
    aware of the concern that you have raised regarding downpayment
    assistance, and I commit to you that if I am confirmed and
    become Deputy Secretary I will be working with the Secretary,
    the IG, and with career staff to understand some of the
    underlying issues that you have raised and to ensure that the
    program is working optimally.
        Senator Toomey. And you will communicate that to me. This
    is a reasonable request that I have made, as a Member of the
    Committee that has jurisdiction and oversight.
        Ms. Todman. If I am Deputy Secretary, I will commit to
    communicating with you, Senator.
        Senator Toomey. OK. Thank you. I appreciate that.
        Second topic. HUD is affirmatively furthering the Fair
    Housing Rule. We discussed this a little bit yesterday. You
    know, it is my view that the Obama-era rule, which was, you
    know, we will call it the AFFH, was overly complex and it
    placed undue burdens on HUD grant recipients, including cities
    and public housing agencies. The rule forced HUD grant
    recipients, in some cases, to hire expensive consultants and to
    analyze non-housing issues, like education and transportation.
        And as we discussed yesterday, under your leadership NAHRO
    criticized the Obama-era rule for these very reasons. In a 2018
    letter about the AFFH rule, NAHRO wrote that, and I quote,
    ``Housing agencies should be able to complete any required
    assessments without having to hire a consultant,'' end quote.
    The letter went on to say, and I quote, ``Housing agencies and
    other entities should not be forced to complete an analysis on
    non-housing-related topics, e.g., transportation, education,
    infrastructure, et cetera,'' end quote.
        Now we know HUD is expected to revise the rule, and as HUD
    works to revise this rule, can you commit to us that you will
    work to avoid replicating the problems that your organization
    correctly observed with respect to the Obama-era rule?
        Ms. Todman. Senator, those comments certainly were made in
    my capacity as the NAHRO CEO. If confirmed, and I become the
    Deputy Secretary, my job will be to implement the Fair Housing
    Act, and, of course, affirmatively furthering fair housing is
    an important and critical component of that Act. You know, AFFH
    is meant to use data and information so that localities can
    make strong decisions related to advancing fair housing for all
    of the protected class under the Fair Housing Act.
        So, I will commit to implementing the Fair Housing law and
    ensuring that localities have information, technical
    assistance, and the tools they need.
        Senator Toomey. Yeah, I understand. I just want to point
    out, you were not incorrect when you observed the problems of
    imposing this extremely expensive burden on the very clients.
    And so I hope you will keep that past history in mind.
        Very quickly a question for Ms. Fernandez regarding
    oversight of transit funding. The March 2021 spending bill
    included a section 3401(b)(7)--this is in the ARP bill--and it
    provides for $2.2 billion for transit operators that, and I
    quote, ``as the result of COVID-19 require additional
    assistance,'' end quote. And, Ms. Fernandez, I just would like
    for you to commit to ensuring that that $2.2 trillion, in fact,
    goes, as the law requires, and does not serve as a general,
    all-purpose subsidy for transit agencies that may have had
    financial problems that preceded COVID-19.
        Ms. Fernandez. Senator, thank you very much for that
    question, and yes, the $2.2 billion funding is available only
    if the transit agency demonstrates additional needs over and
    above the funding that they have been apportioned. The Federal
    Transit Administration has the requisite oversight and
    administrative processes in place to ensure that those funds
    are distributed appropriately, that applications are reviewed
    carefully--we have a history of reviewing these types of
    applications. We will handle that additional funding through a
    Notice of Funding Opportunity, so it is not just through an
    application, and disbursement of a request.
        So I commit, if confirmed, to ensuring that we consider and
    that we also provide the oversight that is required for those
    initial funds.
        Senator Toomey. No I just--and I will finish, Mr. Chairman,
    but I just want to underscore that the statute requires that
    the additional need must be a result of COVID-19. So I hope you
    will keep that in mind. Thank you, Mr. Chairman.
        Ms. Fernandez. Thank you.
        Chairman Brown. Thanks, Senator Toomey. Senator Reed of
    Rhode Island is recognized.
        Senator Reed. Thank you very much, Mr. Chairman, and
    welcome. Ms. Fernandez, you have been here before the
    Committee, and I have had the opportunity to question you. so
    let me start where I ended 21 years ago, and ask you a question
    with respect to transit, obviously. We have done a lot at the
    Federal level providing capital expenses for transit system,
    but in order to thrive they need to be able to operate
    frequently, to have dependable schedules, and some of that
    requires support in their operating expenses.
        Would you be considering providing some operating
    assistance to transit systems so that they could be actually
    more economic and more efficient?
        Ms. Fernandez. Senator, thank you so much for that
    question. The public transportation industry has encountered
    one of its greatest challenges ever through this pandemic. The
    Federal Transit Administration, through support of Congress and
    the funding--and thanks very much for approving the three
    recovery relief bills--has really helped stabilize the
    industry, and the industry needs to recover but also maintain
    service, and it needs to be stronger when we emerge from this
    pandemic.
        The challenges encountered, I believe, at this time, are
    being addressed, but they are not going to be resolved
    overnight, and that is one of the reasons why, as we look at
    the funding that has been appropriated three times to support
    operations of transit systems, those funds will be used over
    multiple years to ensure that transit agencies can get back on
    a solid footing and will be able to once again re-emerge
    stronger as they continue to provide services to all needed
    communities.
        Senator Reed. Well, thank you very much. Just another quick
    question, Ms. Fernandez, and that is, we have worked very hard,
    and Senator Collins has worked to provide low and no vehicle
    emission grants to transit systems, so they can buy electric
    buses and other types of low-emission buses. But can you talk
    about, quickly, the scale of investment? We have invested some
    money in the fund, but it is nothing compared to what I think
    we need.
        For a quick example, we have got four or five buses in
    RIPTA, our Rhode Island system. They have 240 buses that have
    to be replaced. So can you just give a quick scale issue?
        Ms. Fernandez. Yes. Thank you, Senator. The Low or No
    Emission Program has turned out to be a very popular program.
    As you may know, we issued a Notice of Funding Opportunity,
    which closed on April 12. That funding opportunity offered $180
    million, available for transit agencies that wanted to
    transition into new technologies that were low- or no-emission
    technology. And we have received over 180 applications that
    total close to $1 billion in requests.
        So the need is clearly there, and that is one of the
    reasons why the American Jobs proposals that the President has
    presented to Congress includes additional $25 billion for no-
    emission transition for bus fleets across America.
        Senator Reed. Thank you so much. Ms. Todman, I am big fan
    of the Family Self-Sufficiency program. I have seen it working
    in Rhode Island and working well. And it really gives a
    transformative effect to families and allows them to move on,
    buy houses, to do many things.
        I hope you are a fan of FSS too. Is that correct?
        Ms. Todman. I am a huge fan of the Family Self-Sufficiency
    program, Senator. In fact, I have not been to an FSS graduation
    where I did not shed a tear for how much hope the families
    experienced as a result of their experience in the program.
        Senator Reed. Well, thank you very much, and thank you both
    for your willingness to serve, and thank you, Mr. Chairman.
        Chairman Brown. Thank you, Senator Reed. Senator Rounds
    from South Dakota is recognized.
        Senator Rounds. Thank you, Mr. Chairman. I would like to
    begin by thanking both of our witnesses for appearing and also
    for your willingness to serve.
        Ms. Todman, I would like to begin with you. During your
    written testimony you talked at length about your experience in
    the Office of Public and Indian Housing. I am sure that will
    serve as a good foundation for your work as Deputy Secretary,
    if you are confirmed.
        As you may know, South Dakota is home to nine federally
    recognized tribes, so Native American housing issues are
    critically important to my constituents. Can you discuss how
    the challenges you encountered while working on Native American
    housing issues will inform your work as a Deputy Secretary?
        Ms. Todman. Thank you, Senator. I had the good fortune when
    I worked at HUD in the Office of Public and Indian Housing, I
    had some exposure to issues of importance related to Native
    American housing, so I appreciate this question and your
    concern.
        Additionally, as the CEO of NAHRO, I have also been
    speaking to our industry colleagues as it relates to not just
    the quality of housing in Native American communities but also
    the amount of affordable housing. And so, you have my
    commitment to work with you and your constituents to ensure the
    quality and number of affordable housing units are improved.
        Senator Rounds. I thank you for that, because you are
    correct in that it is not just the quality. It is the amount of
    housing that is actually available, and the lack of housing on
    Native American reservations, where while the families are
    close to one another, we have literally multiple families
    living in what was designed to be a single-family house. And so
    I appreciate that and I do look forward to working with you,
    should you be confirmed.
        I think it is really important that we actually make some
    strides with regard to working on those reservations where you
    have a lot of Tribal trust land, and when you have Tribal trust
    land it is rather challenging sometimes to get the appropriate
    titles to make it easier to get the financing in place for that
    housing to occur. So I thank you for that.
        Ms. Fernandez, I notice that you have substantial
    experience working on transit issues in major American cities,
    and I have no doubt that this experience will serve you well.
    But it is important not to lose sight of the transportation
    needs of Americans in small communities as well. What are some
    of the challenges that you see facing transit systems in rural
    America?
        Ms. Fernandez. Senator, thank you very much for that
    question. The number of rural and small-town public transit
    agencies have increased over the past two decades because of
    demographics. The demand for public transportation has gone up,
    because the demographics have essentially become older, more
    challenged, and in need of mobility services.
        The challenge that I see is that rural communities do not
    have the vast mobility choices that you would find in suburban
    and urban areas. So the first thing would be to focus on what
    are the needs of the community. If the community is aging in
    place, they are going to require access to grocery shopping and
    getting health care. Paratransit services would be needed for
    those who are disabled. There are a large number of veterans
    who live in rural America that have signed up for VA health
    care, and they will need access to get to those health care
    clinics.
        So the focus would be on ensuring that transit in rural
    America continues, and that the rural operators continue to get
    the funding that they need, and technical assistance, so they
    can put those dollars into operations and replacing their
    fleet, if confirmed, that is an area that I will be working
    very closely with our Federal Transit Administration staff to
    make sure that that happens.
        Senator Rounds. Thank you. And Ms. Todman, I have got one
    more question for you. I am sure you are aware of the
    challenges that the Federal Housing Administration within HUD
    has when it comes to meeting its broad mission. One idea for
    how to reform the FHA comes from Carol Galante, President
    Obama's former FHA Commissioner, and it involves turning the
    FHA into an independent, Government-chartered corporation to
    give it the autonomy it needs to accomplish its goals. Do you
    think that approach might be something that Congress should
    consider?
        Ms. Todman. Senator, what I would commit to do is to
    understand some of the area where you believe FHA programs are
    underperforming. I will sit down with the Secretary and the
    career staff. I think that there is probably room for
    improvement in the Administration of the programs. I would not
    submit that the solution you stated is necessarily the only
    approach, but certainly I am open to hearing about all the
    options that are available for improvement, and I share your
    concern that home ownership, as secured by FHA, is something we
    look forward to perfecting.
        Senator Rounds. Thank you. Mr. Chairman, my time has
    expired. Thank you.
        Chairman Brown. Thank you, Senator Rounds. Senator Menendez
    from New Jersey is recognized.
        Senator Menendez. Thank you, Mr. Chairman. Ms. Fernandez,
    as you know, the Gateway program is a series of projects
    including the Portal North Bridge and the new Hudson River
    tunnels that would modernize a 10-mile segment of track that is
    the linchpin of the Northeast Corridor, a section of the
    country that generates 20 percent of GDP for the entire Nation.
        I believe that Gateway is the single most important
    transportation project in the country, and we have to move
    quickly to get it done. I appreciate that the President and the
    Administration have consistently highlighted the importance of
    Gateway, and the Federal Railroad Administration has already
    committed to completing the environmental review process by the
    end of the month. But I think FTA has a vital role to play here
    as well.
        Do you agree that Gateway is a project of national
    significance?
        Ms. Fernandez. Senator, thank you. Yes, I agree that the
    Gateway is a project of national significance. The Hudson
    Tunnel, which is part of the Gateway program, is an essential
    link.
        Senator Menendez. OK. And would you commit to working with
    the project sponsors and the congressional delegations in the
    coming [inaudible] to get the Gateway project underway?
        Ms. Fernandez. If confirmed, I commit to working with the
    project sponsors as they take all the necessary steps to
    complete the requirements for receipt of funding.
        Senator Menendez. Thank you. Ms. Todman, under the last
    Administration, HUD relocated key multifamily housing staff
    from its office in Newark to the New York regional office.
    This, combined with the fact that HUD has never had a Region 2
    administrator from New Jersey, going back at least a quarter of
    a century, troubles me, because it suggests that HUD is not
    prioritizing New Jersey's housing needs. And as a former mayor,
    I know that this presents a significant challenge for
    residents, landlords, and property managers. New York and New
    Jersey have very different housing needs and challenges.
        And so we look for HUD to have boots on the ground that are
    familiar with New Jersey's unique needs. How would you ensure
    that the Newark office has the staff that it needs and that New
    Jersey remains a priority at HUD?
        Ms. Todman. Senator, thank you. You should know that
    staffing at HUD is one of my top priorities, should I be
    confirmed, and I commit to you to understanding more about how
    those decisions may have impacted performance, particularly for
    your constituency. I will work with the Secretary and other
    staff at HUD to make sure that performance is improved. I will
    make sure that your constituency in New Jersey receives the
    attention they deserve, if I am confirmed.
        Senator Menendez. Thank you. I have raised this issue with
    the Secretary, and I think she has a good understanding of it
    as well.
        Let me ask you, during your time working in public housing,
    was it your experience that the areas in which public and
    affordable housing were located also had access to good jobs,
    schools, and economic opportunities?
        Ms. Todman. Sadly, not often, Senator.
        Senator Menendez. And that is, in fact, one of our
    challenges. As families move further away from job centers in
    search of more affordable housing, one would expect their
    transportation costs to increase. So doesn't this mean that
    Congress and HUD should look to take transportation access into
    account when designing affordable housing policy?
        Ms. Todman. You know, Senator, transit-oriented development
    has been something that has been top of mind for many people in
    the industry, and I know for the staff at HUD, as well. So, I
    certainly commit to you to take a look at HUD's programs,
    ensure that topics like transit-oriented development is taken
    into consideration. I agree with you. I listened to Ms.
    Fernandez' testimony. There are far too many people, including
    lower-income families, who have the greatest transportation
    burden, and so we want to make sure that we can bring to bear
    HUD's resources to alleviate that.
        Senator Menendez. I appreciate hearing that answer, because
    that is why I am introducing the Livable Communities Act, which
    would create a grant program to incentivize the coordinated
    development of affordable housing and transit so that we can
    expand access to better economic opportunities, and upon your
    confirmation I look forward to working with you.
        Finally, as part of the American Rescue Plan, my provision
    providing $100 million for housing counseling was included. I
    appreciate the Chairman's help in that regard. How can HUD best
    utilize housing counseling programs to ensure that homeowners
    and renters can stay in their homes, and how do we ensure that
    the 40 percent of counseling funds set aside for low-income and
    minority communities are distributed to counselors that serve
    those at-risk families in a timely manner?
        Ms. Todman. Thank you, Senator. Counseling is very critical
    to ensuring that families are making smart decisions for
    themselves. I believe that those funds were directed to an
    entity outside of HUD. So, what I can commit to you is making
    sure that HUD is doing its part in informing families about
    access to those funds and doing everything we can with our
    housing programs to make sure families are making smart
    decisions.
        Senator Menendez. Well, thank you. I look forward to
    supporting both of you. Thank you, Mr. Chairman.
        Chairman Brown. Thank you, Senator Menendez. Senator Tester
    from Montana is recognized.
        Senator Tester. Thank you, Mr. Chairman, and I want to
    thank Senator Toomey also, and I want to thank the two
    witnesses that are here today.
        As I listened to the opening statements by both the
    Chairman and the Ranking Member, there is a lot we would agree
    on, certainly some things we do not agree on. But I think there
    is one thing for certain, whether you come from a rural State
    like Montana or you come from more urban areas in this
    country--affordable, accessible housing is an incredible
    challenge. And I think it is a challenge that, quite frankly,
    is having economic detriment to this country.
        I can tell you there are communities that cannot recruit
    new businesses because there is no place for the folks to live.
    There are businesses that cannot expand because there is no
    place for folks to live. And this is not only in places where
    there are millions of people that live, but also in places
    where there are just a few thousand people that live.
        And so this is a huge issue, and I know that the President
    is trying to address this through his infrastructure bill, and
    I agree, I believe housing is infrastructure. I think the
    challenge is how do we get it built, how do we maximize those
    tax dollars so that we get the largest number of affordable
    houses, workforce housing houses, however you want to put it,
    built in this Nation, whether it is in a rural State like
    Montana or rural areas of this country, or whether it is in
    more urban areas.
        And so, Ms. Todman, I would like to get your opinion on
    that. How would HUD like to have these dollars directed? I will
    just tell you, I personally do not think it is the smartest
    thing in the world for us just to build housing as the Federal
    Government. I think how we get the most houses built is by
    leveraging dollars with private sector entities, whether that
    is through buying down loans, or through the tax code, or
    whatever.
        I am interested to know what your vision is, though, about
    how best we can get housing built. And, by the way, if you
    disagree with me, that is fine. I am still going to vote for
    you, OK? So just tell me what your vision is.
        Ms. Todman. Thank you for that question, Senator. I have
    had the great privilege of visiting your State during my tenure
    as the NAHRO CEO, so I understand the deep concerns that are
    there about rural housing.
        You know, HUD has many tools in its toolkit, particularly
    the HOME program, that can be leveraged in ways to also
    incorporate private sector funding, as you discussed.
        So what I commit to do is perhaps visiting Montana again
    and hearing more from the individuals there in the rural parts
    of your State about the hardships they are facing, and maybe
    hardships that they are facing applying HUD programs. And so, I
    commit to you to learn more and to expand that education into
    action.
        Senator Tester. Well, you are certainly invited to Montana.
    I look forward to it. Your predecessor actually did come out
    and visited Indian country. I know Senator Rounds has already
    touched on Indian country. Indian country housing is just
    significantly more of a challenge, and, quite frankly, it
    should not be, but it is for a number of reasons.
        And as long as I am on the issue, and we will talk about
    veterans too, since I chair that Committee, what are your plans
    as far as making resources available to veterans, to Native
    Americans, both in remote areas and in urban areas?
        Ms. Todman. Senator, you will be pleased to know that I
    have vast experience in HUD's veterans' program. Their
    partnership with Veterans Affairs is priceless. I know that the
    Secretary and the Secretary of Veterans Affairs very recently
    reaffirmed their commitment to ensure that veterans who are
    homeless are able to be assisted through the VASH program. And
    so, you have my commitment to make sure that the VA medical
    centers and the housing agencies in your State are aware of the
    best practices to use that program.
        And I am also aware that there has been some expansion, or
    talk of expansion anyway, of having Native American communities
    have access to VASH as well. So, you have my commitment on this
    issue, sir.
        Senator Tester. Last and not least, senior housing. It is a
    huge problem. We have got people who have spent their lifetime
    building this Nation that now oftentimes have no places livable
    to live. What are your thoughts on senior housing?
        Ms. Todman. Senator, the Section 202 program at HUD is a
    very critical one to aiding the expansion of senior housing,
    and I have had the great pleasure of building senior housing
    myself, with partners. So, you have my commitment on that
    point. You know, we are facing a silver tsunami, as you will,
    and so I know that this is a growing constituency of
    individuals who need access, not just to housing but to housing
    that has appropriate universal features so that they live with
    dignity.
        Senator Tester. I appreciate that. You know, as we talk
    about that infrastructure bill I would tell you that hopefully
    you will get confirmed and confirmed quickly, so that we can
    utilize your knowledge in this development. So thank you. Thank
    you, Mr. Chairman.
        Chairman Brown. Thank you. Silver tsunami--I must admit I
    had never heard that term, so thank you.
        Senator Moran from Kansas is recognized.
        Senator Moran. Chairman Brown from Ohio, thank you for the
    recognition. It is a pleasure to be with you. I want to raise a
    couple of questions with Nuria Fernandez. Good morning.
        Ms. Fernandez. Good morning.
        Senator Moran. First of all, I want to highlight efforts
    that we have made over a long period of time to make sure that
    there is an understanding about the importance of transit in
    rural America. I think too often it is stereotyped as something
    that is urban or suburban, and the needs of rural citizens are
    significant in trying to get to the grocery store, to get to
    the doctor, to see family, and the distances are significant
    and in create significant handicaps. In many instances, we are
    different in the way that we approach transit, but huge
    important.
        But I want to focus on one topic related to transit, and it
    is the comparison between electric vehicles and natural gas or
    renewable natural gas vehicles. Electric buses can cost up to
    twice as much as renewable natural gas buses. Infrastructure
    costs, it is an additional $250,000 per electric bus for
    charging infrastructure, and batteries are not made generally
    in the United States, and involve rare minerals that are often
    located in places that are challenging and politically
    unstable.
        So I am trying to see if there is an opportunity for a more
    balanced approach between electric vehicles and renewable
    natural gas vehicles in the program. There is the Low and No
    Emissions bus program, which was created to accelerate the
    movement away from fleets using diesel and gasoline, but it is
    my understanding that no grant has ever been given to a non-
    electric vehicle. And the result of that, I think, is that
    without this cost-benefit analysis, we have transit authorities
    that are unable to move toward electric, and yet are not moving
    toward renewable natural gas.
        So I think the outcome of that is that we are using
    costlier buses, perhaps with zero emissions, but no movement
    toward less-costly and more practical buses that have very low
    emissions. And so what I was interested in hearing, if you want
    to dispute my premise or describe to me your theory on how this
    program could or should be administered in your tenure at the
    Federal Transit Authority. Is there not room, and is there not
    value to low-emission buses using renewable natural gas, often
    generated from farm waste and other natural kind of
    circumstances, or is this a no-emission, electric-bus-only
    administration?
        Ms. Fernandez. Senator, thank you very much for your
    question. I share your concern that there is a need for a
    transition into a technology that reduces greenhouse gases. The
    Federal Transit Administration, over the course of the past few
    years, through the Low or No Emission grant program, has made
    opportunities available for transit systems to apply for grants
    that can demonstrate that the projects that they are pursuing,
    and applying their technology to their fleets, are going to
    provide the least amount of damage to the environment.
        If confirmed, I commit to working with you to identify
    further opportunities around the type of technologies that can
    ensure the Biden-Harris administration's drive to reduce
    greenhouse gases, improve our climate, and combat the change
    that is affecting all life on Earth, can be achieved.
        Senator Moran. Ms. Fernandez, I welcome that, and would
    welcome a conversation with you whenever you are available to
    further discuss this topic. My encouragement would be that
    there be a cost-benefit analysis that helps determine where
    priorities should lie. And I know that a number of major
    transit authorities in the country are moving to purchase
    renewable natural gas buses. And again, I would be happy to
    hear further from you. Thank you for the opportunity to raise
    this topic with you this morning.
        Ms. Fernandez. I look forward to that conversation,
    Senator, if confirmed. Thank you.
        Chairman Brown. Thank you, Senator Moran. Senator Cortez
    Masto from Nevada is recognized.
        Senator Cortez Masto. Mr. Chairman, thank you. Thank you to
    the Ranking Member as well. Congratulations on your
    nominations.
        Ms. Fernandez, let me start with you. In 2018, the Regional
    Transportation Commission of Washoe County completed their 4th
    Street/Prater Way Bus Rapid Transit project ahead of schedule
    and under budget. And then in March of this year, they also
    completed the Virginia Street Bus Rapid Transit Extension
    Project early and under budget. My colleagues and I from Nevada
    have written to you, urging the approval of RTC's request to
    utilize its project cost savings to further enhance these two
    projects, for bus enhancements at the downtown Reno 4th Street
    station, and additional bus lanes and accessible sidewalks in
    the Virginia Street project corridor.
        Can you please speak to your position on allowing local
    agencies like the Regional Transportation Commission in
    northern Nevada, to utilize their leftover funding on other
    aspects of their projects?
        Ms. Fernandez. Senator, it is always great news when
    projects are delivered within the agreed upon schedule and
    under budget, and I will take this opportunity to applaud the
    successful completion of the two Reno Bus Rapid Transit
    projects. I know that they have already retained their share of
    the cost savings, and if confirmed, I will commit to carefully
    considering such requests from the project sponsors.
        Senator Cortez Masto. Wonderful. That is great news. Thank
    you, and I hope you consider them in a favorable way. That
    benefits continued improvements in northern Nevada.
        Let me move on. Transit remains a critical tool to address
    climate change and serve the workforce, and there is a need for
    flexibility and creativity in how we provide that. I introduced
    the bipartisan Moving First Act, to create more smart
    communities, as well as the Better Plan Act, to enhance
    coordination between metropolitan planning organizations, local
    land use agencies, and housing stakeholders to align
    transportation plans with local housing goals and employment
    centers.
        In your view, Ms. Fernandez, what other ways can the FAST
    Act reauthorization be shaped to bring higher-density housing,
    particularly for the workforce, into existing transit corridors
    to increase ridership and lower housing costs?
        Ms. Fernandez. Senator, as you know, colocating affordable
    housing in corridors where there is existing transportation
    investments not only removes the burden of cost of travel and
    housing for individuals with low income, but it also provides
    access to better opportunities, having that connection.
        The Department is currently reinvigorating a partnership
    with the U.S. Department of Housing and Urban Development, to
    identify ways where we could provide affordable housing choices
    near high-quality transit. If confirmed, I look forward to
    continuing that collaboration and building a stronger
    partnership with HUD, so that we can ensure that transit,
    public transportation and affordable housing are integrated.
        Senator Cortez Masto. Thank you, and I look forward to that
    partnership as well.
        Ms. Todman, let me address an issue that has not come up
    yet, which is youth homelessness. Nevada is third in the Nation
    for the total number of unaccompanied youth experiencing
    homelessness, and the highest rate of unsheltered,
    unaccompanied homeless youth. With the help of HUD dollars,
    centers like the Shannon West Homeless Youth Center in Las
    Vegas and the Cares Complex in Washoe County have given young
    Nevadans at risk of homelessness a place to stay and receive
    wraparound services to help them succeed.
        If confirmed, what measures can HUD take, in both the short
    term and long term, to address youth homelessness?
        Ms. Todman. Thank you for that question, Senator, and I
    truly share your concern about youth homelessness. You know,
    some of our youth that are homeless today became homeless as a
    result of aging out of the foster care system, and I was very
    pleased to see HUD, over the past several years, improved
    access to the voucher program for those young individuals.
        I commit to you to continuing to be very steadfast on this
    issue. No youth in this country should experience homelessness:
    we just need to find ways to address their situation. And I
    commit to you to learning more about what is causing youth
    homelessness in your State and see where HUD's tools can
    address it.
        Senator Cortez Masto. Thank you. Thank you again, both of
    you, and congratulations.
        Ms. Todman. Thank you.
        Chairman Brown. Thanks, Senator Cortez Masto. Senator Van
    Hollen from Maryland is recognized.
        Senator Van Hollen. Thank you, Mr. Chairman, and
    congratulations to both of you on your nominations, and thank
    you for your willingness to serve, if confirmed.
        Ms. Todman, if I could start with a housing question. I
    support President Biden's American Jobs Plan, and I support the
    need to expand housing on the supply side. But I do not think
    that should come at the expense of expanding access to
    affordable housing through vouchers.
        And, Mr. Chairman, I would like to put in the record a
    recent report from the Center on Budget and Policy Priorities
    entitled ``More Housing Vouchers: Most Important Step to Help
    More People Afford Stable Homes''.
        Chairman Brown. Without objection, so ordered.
        Senator Van Hollen. So, Ms. Todman, last Congress Senator
    Todd Young and I introduced and passed bipartisan legislation
    to establish a pilot program for housing choice voucher
    mobility demonstration. And we got it funded, and all the
    evidence from around the country indicates that providing
    families with the opportunity to get a voucher to move to
    higher areas of opportunity is an important way to help lift
    people out of poverty. And so we have introduced bipartisan
    legislation to establish 500,000 family stability and
    opportunity vouchers, and I just want to get your thoughts on
    how you see these kind of vouchers as being a very important
    tool, as part of the American Jobs Act, to increase affordable
    housing.
        Ms. Todman. Senator, thank you for your interest in the
    voucher program and certainly on mobility issues. The voucher
    program is a really important program, for so many reasons, and
    not just enhancing housing security but also to address some of
    the points that you have raised: making sure that families have
    access to good schools and strong community amenities, by using
    their voucher to move to other neighborhoods.
        I know that HUD, I think very recently, perhaps as recently
    as last week, did announce the first round of mobility grants
    to housing agencies across the country, and if I am confirmed
    as Deputy Secretary, I commit to you that I will continue the
    work that HUD is doing, but also learn ways that we can expand
    access to mobility options. And some of that is acheived by
    using the existing voucher program and providing technical
    assistance on how vouchers can be used for mobility efforts.
        So, I agree with you, vouchers are really critical in the
    housing ecosystem, and I commit to working with you.
        Senator Van Hollen. I appreciate that, and I do think we
    need to take a quantum jump forward when it comes to the
    housing affordability vouchers, and especially those with the
    wraparound services for families and the mobility component.
        Ms. Fernandez, let me just ask you a couple of questions on
    the transit fund, which obviously is essential to getting
    people to and from work. One of the things we have also
    experienced, both before COVID and after COVID, have been
    increased assaults on some transit drivers. So I introduced
    legislation last year, and I am planning on reintroducing it,
    to address that issue, and just looking for your commitment to
    work with us to address the issue of driver safety when it
    comes to transit.
        Ms. Fernandez. Senator, thank you for that very important
    question. The safety of transit workforce is an issue that has
    remained front and center since I rejoined the Federal Transit
    Administration. Frontline workers are public servants that are
    doing a public service.
        In the year of the pandemic there have been several steps
    that the Federal Transit Administration has taken as a result
    of the CDC and TSA orders requiring masks. This mask
    requirement will ensure that not only the passengers but the
    operators remain safe. We have also made available a training
    series on operator assault and de-escalation because we
    anticipated that with the mask requirement there may be an
    increase in the number of riders challenging operators, and we
    want to make sure that the frontline workers are safe.
        I think that as a Nation, as we evolve from this pandemic,
    the emphasis on ensuring that those who are doing so much good
    for the movement of public transportation--that is, the
    frontline workers--are safe, are protected, and that we
    continue to provide all resources necessary to ensure their
    safety.
        Senator Van Hollen. Thank you, and I will submit for the
    record my next question, but just to the Chairman and Ranking
    Member, I do want to pursue the reality that right now the
    Federal share for highways to States is much more generous than
    the Federal share for transit programs. But in areas like
    Baltimore city, where much of our road system has been built
    out, we need to modernize it. But that unfair match, comparing
    highways to transit systems, is something I hope we will
    address. Thank you.
        Chairman Brown. Thank you, Senator Van Hollen. Note taken
    of that.
        Senator Smith from Minnesota is recognized.
        Senator Smith. Thank you, Chair Brown and Ranking Member
    Toomey, and thank you also to our panelists today, Ms. Todman
    and Ms. Fernandez. I am so grateful to have had the chance to
    visit with you earlier and also so grateful for your
    willingness to serve our country. And I look forward to getting
    you into these very important jobs as quickly as possible,
    because we have a lot of work to do.
        I also just want to note that my colleague, Senator Rounds,
    earlier was talking about the importance of supporting rural
    transit, and also the importance of addressing the crisis of
    housing on Tribal land. And I want to just associate myself
    with his comments, and I look forward to working with both of
    you and Senator Rounds on the Housing Subcommittee on those
    really important issues, to both of our States and to really
    the whole country.
        Ms. Fernandez, I would like to talk with you a little bit,
    follow-ups on a discussion that you and I had when we spoke,
    having to do with the role of public transportation in a COVID
    world, now that COVID has changed so much of what we used to
    think of as normal commuting patterns. You know, I believe that
    public transit is absolutely essential to making Americans'
    lives work, and it is interesting, I think, how, with COVID, it
    has had an impact on what we have called the ``rush hour.''
        You know, the rush hour used to be, we think of transit as
    serving people, commuters, moving to and fro from work at the
    beginning and the end of the day. But, of course, COVID has
    showed us how essential transit is to essential workers who
    might not keep regular 9-to-5 hours, and how essential it can
    be to people who maybe are working at home and rely on transit
    to run errands or get to health care, get to school, so many
    other kind of not regular 9-to-5 work-related issues.
        So I want to just ask you to talk a little bit about this
    issue. How do you think--and let me just also say this is, of
    course, an issue in suburbs and cities, but it is also an issue
    in small towns and rural places all over the country, as you
    and I discussed. So could you just talk a little bit about how
    you think transit, our thinking about transit needs to evolve
    in a world that has been shaped by COVID?
        Ms. Fernandez. Thank you very much for your question,
    Senator. As you know, the Administration is committed to
    building and maintaining a public transportation system that
    meets the essential mobility needs of the Nation's communities,
    whether it is large, medium, or small. And the COVID pandemic
    has really taught us that even when the office workforce is
    able to work from home, transit is going to still be vital,
    because there are so many more people who cannot do their work
    from home. There are so many people who are going to continue
    to need access to health care, to school, and to jobs, and that
    need runs the gamut across our Nation.
        I am also confident that we are going to build back better
    and stronger and make transit safe and convenient so that
    riders will return, and ridership will grow. If confirmed, I
    will ensure that the Federal Transit Administration continues
    to work toward aiding the transit industry's recovery from the
    COVID pandemic impacts, to ensure that we have a transit system
    that is responsive to this new normal, this new reality that we
    are going to be facing and recognizing that its vitality and
    its criticality is something that is always going to be
    necessary. Transit is that connection to opportunity that
    people really have depended on.
        Senator Smith. Thank you very much. I really appreciate
    your comments, and I also appreciate your operating experience,
    which I think will bring exactly the right kind of attitude,
    implementation attitude to your role. So I think you clearly
    understand that transit is about connecting people to
    opportunity and access, not only to jobs but also to school, to
    health care, to groceries, to healthy food, to all of the
    things that they need to make our lives work. So thank you so
    much.
        And I look forward to having you join me in Minnesota once
    you are confirmed, so that we can talk more about these issues,
    and maybe touch on some of these issues around rural transit
    that I know are so important.
        Mr. Chair, I just have a couple of seconds left. I want to
    quickly turn to Ms. Todman and just say you and I also spoke
    about my worries about what will happen when we see these
    eviction moratoria expanding and the intense pressure that this
    is going to put on renters. And in just a few minutes, could
    you talk a little bit about the importance of the Emergency
    Rental Assistance Program and what we need to do to protect
    Americans who are facing a potentially very steep cliff.
        Ms. Todman. Absolutely. I think the Emergency Rental
    Assistance Program is critical to making sure that people are
    able to stay in their homes. I know that the Treasury
    Department, just last week, released the second round of
    funding, which is promising, and I am hopeful that States and
    localities are able to get those funds into the hands of
    families and landlords as quickly as possible.
        Senator Smith. Thank you. I look forward to working with
    you on that very closely. Thank you, Mr. Chair.
        Chairman Brown. Thank you, Senator Smith. Senator Warnock
    from Georgia is recognized.
        Senator Warnock. Thank you so very much, Mr. Chairman. In
    recent years, I have seen enthusiasm for expanded public
    transportation options and service in the Atlanta region and
    across Georgia. This year, for the very first time, the Georgia
    State Legislature included a direct appropriation for Atlanta's
    transit system, MARTA. It was not a lot of money but it was an
    important symbolic step. And last year, State lawmakers also
    provided a dedicated funding stream for public transportation
    that is expected to generate $40 million annual for transit
    projects. In a State like Georgia, this is a big win for
    communities. It is a big win for the environment and for
    equity.
        Ms. Fernandez, the Capital Investment Grant Program is the
    main source, as you know, of Federal funding for transit
    construction and expansion. It was a critical tool for
    expanding public transportation networks. If confirmed, how
    would you ensure this program better serves regions that have
    not historically prioritized big public transportation
    investments?
        Ms. Fernandez. Thank you for your question, Senator. The
    Capital Investment Grant Program is a program that does just
    that: it extends existing routes and also adds new service to
    areas that are either currently underserved or areas that do
    not have easy access to public transit.
        If confirmed, I look forward to working with you to better
    understand some of the opportunities that the Atlanta area is
    pursuing, but also to ensure that through the American Jobs
    Plan that the President has proposed there is going to be
    additional funding, $85 billion in funding, to address the
    state of good repair in addition to modernizing transit systems
    and expanding into areas that are not currently being served.
        Senator Warnock. Thank you. In addition to funding, are
    there updates to the Capital Investment Grant Program that we
    should consider that could help more cities and regions expand
    the reach of their public transportation networks, changes such
    as providing more flexibility for the types of projects that
    can enter the CIG pipeline?
        Ms. Fernandez. Senator, the Federal Transit Administration
    provides technical assistance to all grant recipients, and
    there is opportunity for communities that are interested in
    applying for a capital investment grant to work with the
    Federal Transit Administration and for our regional offices to
    be in contact with those community and project sponsors. I
    would highlight the number of areas that are available to them
    for consideration.
        Senator Warnock. Thank you. So if confirmed, will you
    commit to work with me to ensure that this program works as
    well for Georgia projects like topping I-285 bus rapid transit,
    and the Clifton Corridor as it does, say, in California?
        Ms. Fernandez. Yes, absolutely, Senator.
        Senator Warnock. Thank you so much. If confirmed, I look
    forward to working with you on these and other projects.
        I want to turn now to Ms. Todman. Let's see, I have got
    about a minute-and-a-half left. I have long been an advocate
    for safe and secure public housing. I actually grew up in
    public housing. I know the role that it plays, personally, in
    providing a stable living environment for low-income
    communities. Housing is so important. It provides the stability
    for a whole range, for the education of children, following
    health care protocols, et cetera. So I want to do everything I
    can to expand safer public housing options so that we are doing
    our part.
        Sadly, under the previous leadership, the Department of
    Housing and Urban Development, HUD, made it clear that it
    wanted to eliminate public housing by proposing deep cuts to
    communities that are home to millions of working families. So I
    am hopeful that if confirmed you will work with Secretary Fudge
    to improve, modernize, and expand public housing.
        Ms. Todman, if confirmed, what is your plan of preserving,
    improving, and modernizing public housing, and will you commit
    to expanding more public housing options for marginalized
    communities?
        Ms. Todman. You know, Senator, public housing is in my
    heart. You probably know that I ran a large housing authority
    and was responsible for a number of units of public housing,
    and it is so important that the young people who live in public
    housing can see themselves living safely and growing up to be a
    Senator just like you, sir.
        So, you have my commitment to bring all of the tools that
    HUD has together to ensure that our children who live in public
    housing have quality homes. And, you have my commitment to
    explore other opportunities to expand low-income affordable
    housing, not just in Georgia but across the country.
        Senator Warnock. And so you believe that housing is
    infrastructure?
        Ms. Todman. Housing is infrastructure, sir.
        Senator Warnock. Thank you so much, and I look forward to
    working with you.
        Chairman Brown. Thank you, Senator Warnock. Is Senator
    Sinema--I see her name. Is she asking questions?
        Senator Sinema. I am, sir.
        Chairman Brown. OK. Senator Sinema, you are recognized,
    from Arizona.
        Senator Sinema. Well, thank you, Mr. Chairman, and thank
    you to our witnesses for being here today.
        Ms. Fernandez, good morning. I have two questions for you.
    My first question is about the small transit-intensive cities,
    or STIC program. The STIC program is a successful FTA program
    that rewards high transit performance by providing funds to
    small, urban transit providers. The populations of these
    communities are between 50,000 and 200,000, and the resources
    are based on meeting at least one of six measurable performance
    criteria.
        The STIC program is important to a number of cities in
    Arizona, including Flagstaff and their Mountain Line transit
    system that regularly surpasses all of the performance
    criteria. I have been working on a bill with Senator Moran to
    further improve the STIC program and incentivize high transit
    performance. What are your thoughts about the STIC program and
    efforts to further strengthen the program?
        Ms. Fernandez. Senator, thank you so much for highlighting
    a very important program. I believe that all programs that the
    Federal Transit Administration provides funding for that can
    help with mobility, can help with connectivity, getting people
    to where they need to go from where they are, are significant
    to the continued development and growth of our economy. It is a
    very important program. If confirmed, I do intend to work with
    the Federal Transit Administration staff so that we can
    identify opportunities and coordinate with transit agencies
    that apply for funding through this program.
        Senator Sinema. Well, thank you. My second question is
    about the Tribal Transit Program. Last year, the Yavapai-Apache
    Nation in Arizona received FTA grant funding to expand transit
    service to help Tribal residents access jobs, health care, and
    essential services. Grants like these can make a real
    difference in Tribal communities, which are some of the most
    transit-challenged in the Nation.
        So I have introduced a bipartisan bill with Senator Thune,
    the Tribal Transportation Equity and Transparency Improvement
    Act, to address a number of areas of transportation improvement
    on Tribal lands. We also should be looking at opportunities to
    expand Tribal transit support through the FTA.
        Could you tell me, what are your plans to improve transit
    options on Tribal lands?
        Ms. Fernandez. Senator, the FTA programs that support
    Tribal nations are some of our most important programs. We
    recognize the challenges that Tribal reservations experience
    such as the distances that they have to travel to get to
    essential services. Clearly the opportunities to not only stay
    engaged with the Tribal nations, but work with them to identify
    options to their on-demand services, possibly expand their
    regional transportation systems. Those will be front and center
    as we talk about the importance of connecting Tribal nations,
    and rural communities, to essential needs and services, as you
    mentioned, grocery shopping, health care, which is one of the
    principal requests that we have seen in high demand through the
    on-demand services, is connection to health care.
        Senator Sinema. Thank you. Thank you very much. Mr.
    Chairman, that is all I have for now, so I yield back. Thank
    you.
        Chairman Brown. Thank you, Senator Sinema. Thank you all
    for testifying. Thank you both for testifying. Thanks to my
    colleagues for joining us. I ask for consent of the Committee
    to enter letters of support received by the Committee for
    nominees into today's hearing record. Hearing no objection, so
    ordered.
        I would like to echo a couple of comments and then we will
    close. I would like to echo Senator Tester's concern about the
    importance of addressing the housing and transit needs of
    seniors. I will have a question for the record that I will send
    to each of you in the next few minutes.
        For Senators who wish to submit questions to the record,
    those questions are due by the close of business this Friday,
    May 14th. For our nominees, please submit your responses to
    questions for the record by noon on Monday, May 17th. Once you
    are in these jobs we will not require the turnaround to be
    quite that fast, but we obviously want to move on your
    nominations.
        So thank you again, to both of you, and to Senator Toomey,
    thank you, and with that the hearing is adjourned. Thank you.
        [Whereupon, at 11:28 a.m., the hearing was adjourned.]
        [Prepared statements, biographical sketches of nominees,
    responses to written questions, and additional material
    supplied for the record follow:]
                  PREPARED STATEMENT OF CHAIRMAN SHERROD BROWN
        Today we'll consider the nominations of two distinguished public
    servants: Adrianne Todman to serve as Deputy Secretary of the
    Department of Housing and Urban Development, and Nuria Fernandez to
    serve as Administrator of the Federal Transit Administration.
        Thank you for your desire to continue to serve the public.
        Our Government works best when it reflects the country. For the
    second time since the start of the Biden-Harris administration, our
    Committee will consider two qualified women of color for senior
    positions.
        If confirmed, Ms. Fernandez will be the first woman of color to
    serve as FTA Administrator, and Ms. Todman will be the first Black
    woman to serve as Deputy Secretary of HUD.
        Now we have a once in-a-generation opportunity to rebuild our
    country's infrastructure.
        The investments that HUD and FTA can make have the potential to
    rebuild and bring down the cost of housing and transportation for
    workers and their families. And these investments will create jobs and
    grow local economies in neighborhoods and communities that Wall Street
    and Washington have left on their own for too long.
        At previous hearings, this Committee has heard about parents and
    their children being evicted from their homes in Columbus in the middle
    of a pandemic. We heard about a restaurant worker in Cincinnati who had
    to spend her entire day's paycheck on an Uber to get to work, because
    the bus didn't run that route on Sundays.
        These stories aren't unique to Ohio.
        Millions of people pay too much for housing. So many of our houses
    and apartment buildings are in desperate need of repair.
        Too many Americans had to turn down a job because there is no
    affordable way to get to work, or had to miss a doctor's appointment
    because their car broke down and no bus was running nearby.
        And we know who is most likely to lose out on opportunities because
    of our outdated infrastructure--it's the same Black and Brown
    communities that have been denied investment over and over.
        Time and time again, Federal policies have left them to fend for
    themselves, instead of offering the pathways to wealth and opportunity.
        Today's nominees understand the challenges we face. And they're
    obviously ready.
        Adrianne Todman led the National Association of Housing and
    Redevelopment Officials, where she worked with housing and community
    development leaders across the country. She has also run Washington,
    DC's, public housing agency and has experience implementing national
    policy from her prior work at HUD. Her experience running these large,
    public-sector organizations will serve her well as Deputy Secretary of
    HUD.
        Nuria Fernandez is one of the most experienced and qualified
    nominees to lead the FTA ever. In fact, she has already served the
    agency as its Deputy Administrator and Acting Administrator during the
    Clinton administration.
        Before rejoining FTA this year, Ms. Fernandez ran the Santa Clara
    Valley Transportation Authority. She is an industry expert at
    delivering complex, high-profile infrastructure projects, and like all
    of the witnesses we bring in front of this Committee, she understands
    the dignity of work. High quality transit wouldn't be possible without
    its workers. She has dedicated significant time during her career to
    ensuring that transit workers have the training they need to safely and
    efficiently do their work, serving the public.
        Whether you are in our urban communities, rural communities, or in
    Indian Country, HUD and FTA have critical roles in helping us make
    equitable and sustainable infrastructure investments so we can build
    thriving communities.
        I look forward to hearing from both Ms. Fernandez and Ms. Todman
    today, and moving their nominations through this Committee quickly, so
    they can get to work serving the American people.
                                     ______

                PREPARED STATEMENT OF SENATOR PATRICK J. TOOMEY
        Mr. Chairman, thank you.
        Ms. Todman and Deputy Administrator Fernandez, welcome to you both.
        President Biden recently marked his first 100 days in office. It's
    a good occasion to review what he promised and what he has delivered.
    He promised to be a unifier who would work across the aisle.
    Unfortunately, what he has delivered is classic tax and spend
    liberalism.
        He has pushed wasteful spending plans to achieve liberal wish
    lists, and he has proposed raising taxes to pay for these plans,
    including increasing capital gains taxes and undoing the 2017 tax
    reforms that helped create the best economy of my lifetime.
        Ms. Todman and Deputy Administrator Fernandez have been nominated
    for leadership positions at two agencies--HUD and FTA--that play a
    central role in the Administration's tax and spend plans.
        Let's consider housing. After Congress just finished providing more
    than $80 billion for housing in response to COVID in 2020--on top of
    the $50 billion we annually spend on HUD programs alone, not to mention
    the billions we spend on other housing programs and the tens of
    billions more we forgo in tax revenues to subsidize housing--this March
    the Biden administration pushed through an additional $32 billion for
    housing purportedly in response to COVID.
        But the Democrats' March spending bill was not about providing
    COVID relief. We know this because it made funding available for years
    after the expected duration of the pandemic. For example, CBO estimates
    that none of the bill's $5 billion for HUD homelessness assistance will
    even be spent in 2021. That is not surprising since HUD has only spent
    a fraction of the money it was provided in the March 2020 CARES Act. In
    fact, as of this May, HUD has only spent 29 percent of those funds.
        Amazingly, the Biden administration is now proposing almost a
    quarter-of-a-trillion dollars more for housing in its so-called
    infrastructure bill, which is really a multitrillion-dollar welfare
    plan, with a bit of infrastructure sprinkled in. The Administration
    wants Congress to spend $40 billion to upgrade public housing
    projects--places where people do not want to live.
        Research shows that moving families out of housing projects and
    integrating them in communities deconcentrates poverty and decreases
    violent crime. But rather than focusing on sensible alternatives, the
    Biden administration wants to keep families in housing projects.
        The Biden administration is also imposing burdensome housing
    regulations that will stifle economic growth. For example, the
    Administration keeps extending a nationwide eviction moratorium that
    lacks both a legal basis and an economic justification. Just last week,
    a Federal judge ruled the moratorium is unlawful.
        There is clearly no economic justification for it since Congress
    allocated billions of dollars in rental assistance, stimulus checks,
    and unemployment benefits to ensure people could pay their bills. Small
    landlords are harmed by the eviction moratorium and its extension only
    drives up housing costs by restricting housing supply.
        Democrats have taken a similar approach to transit spending. After
    Congress just finished providing more than $40 billion for transit in
    response to COVID in 2020--on top of the $12 billion we annually spend
    on transit--this March the Biden administration and Congressional
    Democrats pushed through on a partisan basis an additional $30 billion
    for transit purportedly in response to COVID. That's a total of $82
    billion that Congress spent on transit over the course of one year.
        What is the annual cost of operating all of the transit agencies in
    the U.S. combined? In 2019, it was $54 billion.
        Democrats tried to justify this spending by saying that transit
    systems would collapse from declines in ridership and State and local
    government revenues. But ridership did not drop to zero and ridership
    has increased since the worst days of the pandemic last spring.
        These systems are by definition local. They serve a city or maybe a
    metropolitan area. Should the local jurisdictions and States where
    these systems reside have any responsibility to pay for these systems?
    Evidently not, according to my colleagues.
        The fact is, on the whole, State and local tax collections set a
    new record in 2020. Plus, in 2020, we sent more than $500 billion to
    States and local governments for COVID relief. And this March, the
    Democrat spending bill gave them another $350 billion.
        Now the Biden administration wants another $85 billion for transit
    as part of a wasteful, multitrillion-dollar welfare and infrastructure
    bill. Let us consider how excessive this is. If we pass the Biden bill,
    along with the FAST Act reauthorization, and combined it with the $82
    billion we provided over the last year, we could, based on 2019 Census
    data, buy every transit commuter in America a $30,000 car.
        Given the billions Democrats have spent and want to spend on
    housing and transit, I hope we will hear from today's nominees about
    how they plan to protect taxpayer dollars from waste and misuse.
        Both HUD and FTA have important missions. HUD serves many low-
    income Americans. FTA supports public transportation services for
    Americans. We cannot just irresponsibly throw money at these agencies
    without oversight and reforms.
        As the Biden administration continues to consider an infrastructure
    package, it is my hope that it will keep its focus on actual
    infrastructure and not the welfare plan that's actually proposed.
                                     ______

                     PREPARED STATEMENT OF ADRIANNE TODMAN
      To Be Deputy Secretary, Department of Housing and Urban Development
                                  May 11, 2021
        Chairman Brown, Ranking Member Toomey, and Members of the
    Committee, I am deeply honored and humbled to appear before you today
    as the nominee for Deputy Secretary of Housing and Urban Development.
        I want to begin by thanking President Biden for the confidence and
    trust he has placed in me with my nomination for this position.
        I would also like to thank my family for their unwavering support,
    patience, and love not just over the past several weeks, but always.
        I have lived in Washington, DC, for some years, and one of my
    favorite experiences is the sight of an enthusiastic group of students
    visiting the Nation's capital for the first time. Their joy and awe
    remind me of my very first trip to this city as a teenager several
    decades ago as part of a weeklong education program on the Federal
    Government. I traveled here from the U.S. Virgin Islands--where I was
    born and raised--and I recall returning home inspired. That inspiration
    and my belief in the power of public service led me back to Washington,
    DC, after college. I spent the early years of my career working in the
    office of Congressman Ron de Lugo, the delegate from the Virgin
    Islands, on matters important to families who lived there.
        After my tenure on the Hill, I had the great fortune of joining the
    career staff in the Office of Public and Indian Housing at HUD. There,
    I helped stand up a new national program designed to revitalize
    distressed public housing units and provide self-sufficiency programs.
    Following that role, I became a policy aide in the Office of the
    Assistant Secretary for Public and Indian Housing and later served in
    the Office of the Secretary, where my experience with HUD programs
    broadened as I worked with leaders from each programmatic area.
        I also have years of experience as a local housing practitioner.
    During my tenure as Executive Director of the District of Columbia
    Housing Authority, I led efforts to preserve public housing units and
    expand youth-focused programs. I worked closely with private landlords
    to improve and streamline the tenant-based voucher program, and helped
    voucher-holders explore a variety of neighborhoods. I worked with
    homeless service providers and other organizations dedicated to serving
    vulnerable populations, such as young adults aging out of the foster
    care system, survivors of domestic abuse, and veterans experiencing
    homelessness. In addition, I worked with all stakeholders--from
    developers to lenders to community members--to build and manage new
    affordable housing units.
        While leadership is paramount, sound management is critical. During
    my tenure at both the District of Columbia Housing Authority and the
    National Association of Housing and Redevelopment Officials, I worked
    to strengthen our business systems, ensure sound financial management,
    and provide staff the resources needed to effectively do their jobs. As
    a leader and a manager, I emphasized each person's importance to our
    mission, no matter their role.
        My career in Government and the nonprofit sector has been dedicated
    to improving people's lives and strengthening communities through
    housing. I have spoken with people across the country--in urban,
    suburban, and rural communities alike--and they all want the same
    thing: a fair shot. A fair shot to provide for their families, to
    secure a safe and stable home, and to get ahead.
        Sadly, this is out of reach for far too many Americans,
    particularly people of color. Far too many among us have been denied
    access to resources and support to realize their aspirations and reach
    their full potential.
        The past 14 months of the COVID-19 pandemic have underscored the
    necessity of having a stable, affordable home, and demonstrated the
    interconnection between housing, health, and opportunity.
        We have a responsibility to confront housing insecurity and help
    ensure access to good homes. It is our responsibility to eliminate all
    forms of housing discrimination. And it is our responsibility to build
    our Nation's housing infrastructure in a way that expands equitable
    access to housing for all people.
        If confirmed, I will focus on immediate housing needs related to
    the pandemic and longer-term structural housing challenges to serve
    America's diverse communities in a way that is inclusive, equitable,
    and effective.
        If confirmed, I commit to working with the Secretary to ensure that
    HUD has the staff and tools it needs to administer and provide
    oversight over programs critical to supporting families and moving the
    country forward. My actions would be guided by my years of management
    and housing experience and by the invaluable expertise of the
    Department's career staff. HUD's staff works every day to meet the
    housing needs of families and individuals throughout the country. If
    confirmed, it would be my honor to once again serve alongside them in
    carrying out HUD's mission to create strong, sustainable, inclusive
    communities and quality affordable homes.
        Thank you for the opportunity to testify before you today. I look
    forward to your questions.
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                     PREPARED STATEMENT OF NURIA FERNANDEZ
                      To Be Federal Transit Administrator
                                  May 11, 2021
        Chairman Brown, Ranking Member Toomey, Members of the Committee, it
    is a privilege for me to appear before you today as you consider my
    nomination to be Administrator of the Federal Transit Administration.
        I am honored and humbled that President Biden and Secretary
    Buttigieg have entrusted me to serve in this role. Please allow me a
    moment to recognize someone special, my husband Dan Hall, a native of
    Cleveland, Ohio and a Glenville High School graduate, Class of '67.
        I was born and raised in Panama City, where I took transit buses
    daily, and came to the United States as a young woman to pursue my
    engineering degree. I appreciate the doors this country has opened for
    me. I chose a career in transit because of its ability to open a world
    of opportunities to everyone. Public transportation is the greatest
    equalizer: it allows people to get to jobs, schools and services,
    regardless of where they live, if they own a car or their ability to
    drive. Yet, to fully achieve that vision for everyone, we still have
    some miles to travel.
        If confirmed, I pledge first and foremost to uphold DOT and FTA's
    primary mission to improve the safety of public transportation systems.
    I will work with Secretary Buttigieg to achieve the Biden-Harris
    administration's goals of beating the COVID-19 pandemic; supporting our
    economy; providing a greener way to travel; and embracing diversity and
    inclusion as we strengthen transit's role in connecting people and
    places.
        I step into this role at a time unlike any other for public
    transportation. The COVID-19 pandemic has highlighted the importance of
    transportation. During the pandemic, Federal assistance ensured buses,
    trains, subways, and paratransit services continued helping people get
    to work, access testing and other medical appointments, and stay
    connected. As vaccines became available, transit agencies got creative,
    with the Port Authority of Allegheny County finding new ways to reach
    and help at-risk seniors, Mountain Line Transit in Missoula printing a
    route map showing how to access vaccination clinics by bus, and many
    rural systems offering dial-a-ride services to get folks to vaccination
    clinics far from home.
        Now, as President Biden's leadership has created the opportunity
    for more than 200 million shots in arms, our country is reopening.
    People are resuming daily life, and transit will return to its backbone
    role moving our country. Work and commuting schedules may look
    different, but the need for public transportation to serve our
    communities remains acute.
        The American Jobs Plan will provide a once-in-a-generation
    investment in infrastructure to make America more competitive and help
    create 19 million jobs, in part through revitalizing our transit
    systems. If confirmed, I plan to take this opportunity to work with
    Congress and our transit partners throughout the country to make our
    industry the best it can be as we emerge from this national emergency.
        My long career in the transit industry has prepared me for this
    moment. Over 35 years, I have worked at FTA, the Chicago Transit
    Authority, the Washington Metropolitan Area Transit Authority here in
    Washington, DC, New York State Metropolitan Transportation Authority in
    New York and, most recently, as General Manager of Santa Clara Valley
    Transportation Authority (VTA) in San Jose, California. At VTA, I led
    2,100 employees and a transit program serving more than two million
    people who live and work in Silicon Valley.
        Under my direction, VTA established an Innovation Center to
    collaborate with tech companies and universities to find new ways to
    improve mobility. We also set up a human trafficking awareness program
    for VTA staff that became a model for a State law requiring all
    California transit agencies to train frontline workers on how to
    recognize it and how to respond. I take pride in my fiscal management
    of VTA's transit program, including overseeing Federal grants for
    capital projects such as extending the Bay Area Rapid Transit's heavy
    rail, which will connect millions to San Francisco and beyond. For the
    past 2 years, I served as Chair of the American Public Transportation
    Association, which helped reinforce my relationships with transit
    leaders throughout the industry.
        If confirmed, I would apply all of those experiences to make sure
    FTA continues to adhere to its role ensuring safety, accountability,
    and stewardship of public funds. I look forward to welcoming new
    technology and building upon FTA's decades of delivering reliable and
    equitable transportation. And, of course, working with you to ensure
    our Nation's public transportation system serves everyone, whether they
    live in rural areas or our suburbs and cities.
        I would like to thank the Committee for the opportunity to appear
    before you today, and I welcome your questions.
    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

            RESPONSES TO WRITTEN QUESTIONS OF CHAIRMAN BROWN
                          FROM ADRIANNE TODMAN

    Q.1. America's Communities Are Aging Rapidly. Nationally,
    birthrates are at historical lows, and over the next decade it
    is expected that 77 million people will be 65 years or older.
    In my State of Ohio by 2025, more than 1 in 4 Ohioans will be
    60 years of age and older.
        What types of housing and transit challenges do we face if
    we fail to account for an aging population in the design of our
    communities? And what types of housing and transit
    infrastructure investments do we need to make in rural and
    urban areas to help communities become more accessible and
    livable for our increasingly aging population?

    A.1. Among the many housing challenges and shortages that
    America is facing today, we also have a significant lack of
    housing to meet our Nation's demographic shifts as a growing
    portion of our population will be 65 and older. Today's medical
    advances also mean that people will be living longer. Our
    Nation's housing inventory is not prepared to meet the needs of
    this growing aging population, and it is not prepared in three
    ways.
        As people retire, their incomes drop. Many homeowners
    become renters. Those currently renting may no longer be able
    to afford the same rents. There are not enough rental housing
    units, let alone affordable rental units to meet the needs of
    our aging population. First, we need a significant expansion of
    affordable rental housing for seniors through HUD's Section 202
    program as well as through additional low-income housing and
    rental vouchers. These investments need to be paired with
    access to reliable transportation options, so that older adults
    have access to health care, shopping, and the transportation
    mobility required to age with dignity.
        Second, as older adults live longer, we want them to be
    able to live with dignity and independence in a safe
    environment of their own within their communities. But our
    Nation's housing stock is not physically designed with the
    types of modifications that seniors need to age in place. Few
    existing units are accessible and have the features that
    prevent injuries. Ventilation systems in our public and HUD-
    assisted housing are in need of upgrade to improve air quality.
    We need to invest in more housing that is affordable and
    accessible to seniors, such as through HUD's Section 202
    program, as well as make funding available to upgrade our
    public housing inventory to allow low-income seniors to age in
    place.
        And finally, in order to help older adults age in place as
    long as possible, we need to be more intentional about how to
    coordinate the kind of homecare services and wrap-around
    supports that provide the care to stay in their homes. If
    confirmed, I would be interested in strengthening the
    coordination between HUD and HHS to integrate Medicaid and
    Medicare-financed Home and Community Based Services in HUD-
    assisted housing for older adults.

    Q.2. Nationwide, the Black home ownership rate is nearly 30
    percentage points lower than the White home ownership rate. The
    gap is almost as large for Latino households, and there is a 14
    percent gap in the home ownership rates for Asian and White
    households.
        How can HUD help to narrow these gaps and expand equitable
    access to affordable home ownership?

    A.2. If confirmed, reducing the home ownership and wealth gaps
    that have persisted for decades would be a priority of mine.
    Facts will be our guide, and I would collect and review the
    evidence and work to identify agency actions we can take to
    address harmful legacy policies that have contributed to the
    gaps. Short term, I would work with Secretary Fudge to ensure
    that the FHA continues to be a consistent source of credit
    supporting home ownership for Black, Indigenous, and People of
    Color (BIPOC) households, and work across the housing system to
    promote and advocate for policy changes that help break down
    barriers to help more families purchase their first home.
        I would also want to see a healthier flow of financing to
    low-cost housing markets that have affordable housing for sale,
    like those in and around Cleveland, where access to smaller
    mortgage loans could help people get started on the path to
    home ownership. One way to do that would be to expand the
    footprint of lending institutions that do FHA lending,
    especially large national and regional banks that have pulled
    back in recent years. It would also be important to strengthen
    HUD's housing counseling network and programs to help renters
    who are ready to become homeowners prepare, as would making
    sure HUD's counseling services are reaching the communities
    that need it most.
        If confirmed, I would encourage HUD to take a comprehensive
    approach to improving downpayment assistance programs to help
    those families who need Federal support in order to buy their
    first home because they do not have access to savings or
    parents whose wealth can transfer to help. I would also work to
    broaden and improve our Nation's affordable housing stock,
    including finding ways to expand factory built and manufactured
    housing as an affordable housing solution for suburban and
    rural areas.

    Q.3. In August 2011, President Obama issued an Executive order
    establishing a coordinated, Government wide initiative to
    promote diversity and inclusion in the Federal workforce. The
    Executive order reads, in part, that ``Attaining a diverse,
    qualified workforce is one of the cornerstones of the merit-
    based civil service . . . . To realize more fully the goal of
    using the talents of all segments of society, the Federal
    Government must continue to challenge itself to enhance its
    ability to recruit, hire, promote, and retain a more diverse
    workforce. Further, the Federal Government must create a
    culture that encourages collaboration, flexibility, and
    fairness to enable individuals to participate to their full
    potential.'' The order required each agency to establish an
    agency-specific diversity, equity, and inclusion strategic plan
    with specific objectives.
        Will you commit to work on establishing a system for
    reporting regularly on HUD's progress in implementing an
    agency-specific diversity, equity, and inclusion strategic plan
    and in meeting the objectives under the plan?

    A.3. If confirmed, I would review HUD's current Diversity,
    Equity, and Inclusion (DEI) Strategic plan and work with the
    Secretary and HUD's Office of Diversity and Inclusion to revise
    it as necessary to align with the vision laid out by President
    Biden. I would also ensure HUD employment practices are
    monitored and evaluated on the basis of diversity, equity, and
    inclusion, and I would ask HUD's Director of the Office of
    Departmental Equal Employment Opportunity and HUD's head of
    Administration to meet regularly with my office to report on
    our progress.

    Q.4. Will you commit to working with senior officials on
    transparency on workplace policies, salaries, and benefits?

    A.4. If confirmed, I would work with Senior HUD officials on
    transparency on workplace policies, salaries, and benefits.

    Q.5. What are some short- and long-term strategies for
    addressing disparities in participation in the Housing sector?

    A.5. The COVID-19 crisis, coupled with the economic downturn,
    has further intensified an already dire affordability crisis.
    If confirmed, reducing the home ownership and wealth gaps that
    have persisted for decades would be a priority of mine. Facts
    will be our guide, and I would collect and review the evidence
    and work to address harmful legacy policies that have
    contributed to the gaps.
        As I shared in my response to Question 2 above, I would
    work with the Secretary to ensure that the FHA continues to be
    a consistent source of credit supporting home ownership for
    BIPOC households, and work across the housing system to promote
    and advocate for policy changes that help break down barriers
    to help more families purchase their first home.
        I would also want to work with HUD staff to ensure that HUD
    programs are proactively targeting disparities in the rental
    market. This includes advancing policies aimed at addressing
    disparities in populations more likely to experience
    homelessness, more likely to face source of income
    discrimination, less likely to secure housing assistance, and
    more likely to experience housing insecurity. In addition, I
    would work to broaden and improve our Nation's affordable
    housing stock, including finding ways to expand factory built
    and manufactured housing as an affordable housing solution for
    suburban and rural areas.

    Q.6. Will you commit to implementing and requiring diversity,
    equity, and inclusion training for all employees within your
    purview? What is your plan for implementing these trainings?

    A.6. If confirmed, I commit to working with the Office of
    Departmental Equal Employment Opportunity, the Office of
    Administration, and the Office of General Counsel to work with
    HUD's Office of Diversity and Inclusion to deliver diversity,
    equity and inclusion related events and activities,
    specifically, DEI trainings, for the entire workforce.

    Q.7. Will you commit to implementing and requiring implicit
    bias training for managers within your purview? What is your
    plan for implementing these trainings?

    A.7. Yes. It is my understanding that HUD has provided these
    trainings in the past for all HUD employees, and I will ask the
    relevant offices to analyze the content of these trainings and
    continue to strengthen them as appropriate during my tenure at
    HUD.

    Q.8. Please describe how you view the role of the Deputy
    Secretary in appropriately serving Black, Indigenous and People
    of Color (BIPOC)? How do you view the HUD's role in furthering
    racial equity?

    A.8. As I stated in my testimony, my career in Government and
    the nonprofit sector has been dedicated to improving people's
    lives and strengthening communities through housing. I have
    spoken with people across the country--in urban, suburban, and
    rural communities alike--and they all want the same thing: a
    fair shot. A fair shot to provide for their families, to secure
    a safe and stable home, and to get ahead. Sadly, this is out of
    reach for far too many Americans, particularly people of color.
        If confirmed, I would work with Secretary Fudge to advance
    HUD's mission, and to implement President Biden's Executive
    Action on advancing equity, through the delivery of HUD's
    programs, which are central to furthering equity, particularly
    for people with low and moderate incomes.
        Renters should also have the opportunity to grow their
    incomes and build savings. I, like the President, am committed
    to expanding access to Federal rental assistance and improving
    program implementation so that people have true choice in where
    they live. Too often BIPOC who receive assistance live in
    communities that have experienced under or disinvestment. I am
    committed to investing in local communities so that all people
    have access to strong schools, healthy housing, and strong
    community support services.

    Q.9. Please list at least 3 specific areas of focus/priorities
    for advancing racial equity, diversity, and inclusion at HUD.
    What specific measures will you use to evaluate success in
    these areas, and over what period of time?

    A.9. Advancing equity, diversity, and inclusion is a top
    priority of mine, and if confirmed, would be a focus of my work
    as Deputy Secretary. First, as the Deputy Secretary I would
    focus on improving staff morale and HUD's internal dedication
    to diversity, equity, and inclusion (DEI) efforts. Second, I
    would work with the Secretary and other officials on HUD's
    enforcement of the Fair Housing Act to combat discriminatory
    practices that prevent too many people from having equal access
    to housing. Finally, we know that there are a disproportionate
    number of BIPOC, people with disabilities, and LGBTQ people
    among those experiencing homelessness. I am committed to
    advancing policies and practices that reduce homelessness among
    these populations.

    Q.10. HUD has outside advisory councils and task forces
    comprised of industry leaders, academics, nonprofits, and other
    stakeholders. They serve as volunteers but have significant
    influence being appointed by and working closely with you.
    Should your agency be judged by its success in populating these
    groups with more diverse advisors on these councils and task
    forces, and if so, over what period of time?

    A.10. If confirmed, I would work diligently to seek out
    participants and stakeholders in line with the law and with the
    President's Executive orders.

    Q.11. What specific measures will you use to evaluate the HUD's
    success in understanding and addressing the needs of BIPOC?
    Will you work with senior officials to regularly report to
    Congress on the progress being made on these measures?

    A.11. If confirmed, I look forward to working with Congress on
    this particular issue and would welcome an ongoing conversation
    on HUD's progress. As Secretary Fudge has said, first and
    foremost we must prevent evictions, foreclosures, and
    homelessness due to the pandemic and economic crisis which has
    disproportionately impacted BIPOC. We also need to improve home
    ownership for BIPOC. I would work with the Secretary to look
    for ways to implement downpayment assistance for families and
    apply an equity lens to loan qualification criteria and
    appraisals, among other strategies

    Q.12. An agency's budget reflects its values and goals. How do
    you plan to identify and recommend resources for internal and
    external efforts to advance diversity, equity and inclusion as
    part of the agency's annual budget process? How will you work
    to ensure sufficient financial support for the agency-specific
    diversity, equity, and inclusion strategic plan to ensure you
    are able to meet the objectives established under that plan in
    a reasonable time period?

    A.12. If confirmed, I would work with the Secretary to ensure
    we request sufficient staff resources to allow the Department
    to fully execute its mission and partner with our grantees to
    enhance their capacity. I would ensure that the Department's
    DEI Strategic Plan is all encompassing and would hold leaders
    across the agency accountable for meeting the goals set forth.
    Within the resources that Congress provides, I look forward to
    working with you and other partners, if confirmed, to identify
    how HUD can further prioritize and expand diversity, equity,
    and inclusion.
                                    ------

            RESPONSES TO WRITTEN QUESTIONS OF SENATOR TOOMEY
                          FROM ADRIANNE TODMAN

    Q.1. Congressional oversight. Please provide your philosophy on
    how HUD will approach and respond to Congressional information
    requests (both for documentary information and oral testimony),
    if you are confirmed.

    A.1. I recognize and respect Congress' role in conducting
    oversight. If confirmed, I would ensure HUD responds to
    Congressional requests for information, consistent with
    appropriate law and regulations.

    Q.2. If confirmed, do you intend to respond to information
    requests differently depending on who is making the
    Congressional information request (whether it's the chair of
    the Congressional Committee, the Ranking Member, or another
    Member of Congress)? Please answer ``yes'' or ``no.'' If your
    answer is ``yes,'' please explain.

    A.2. If confirmed, I will work to ensure HUD's responds in a
    timely manner to all to Congressional requests for information,
    including from both Chairs and Ranking Members, consistent with
    applicable law and regulations.

    Q.3. Will you commit that, if confirmed, you will respond in a
    timely manner and fully comply with all information requests
    from me? Please answer ``yes'' or ``no.'' If your answer is
    ``no,'' please explain.

    A.3. If confirmed, I would ensure HUD responds to Congressional
    requests for information, consistent with appropriate law and
    regulations.

    Q.4. Will you commit that, if confirmed, you will make yourself
    and any other HUD employee expeditiously available to provide
    oral testimony (including but not limited to briefings,
    hearings, and transcribed interviews) to the Committee on any
    matter within its jurisdiction, upon the request of either the
    Chairman or Ranking Member? Please answer ``yes'' or ``no.'' If
    your answer is ``no,'' please explain why.

    A.4. If confirmed, I would ensure HUD responds to Congressional
    requests for oral testimony, consistent with appropriate law
    and regulations.

    Q.5. Do you believe that HUD may assert any privileges or other
    legal justifications to withhold information (whether records
    or oral testimony) from Congress? Please answer ``yes'' or
    ``no.''
        If you answered ``yes'' to Question 5, please list every
    such privilege or other legal justification and provide the
    legal basis for why you believe HUD may use such privilege or
    legal justification to withhold information from Congress.

    A.5. If confirmed, I will consult with the agency's legal
    counsel to ensure HUD responds to Congressional requests for
    records and oral testimony, in a matter that is consistent with
    appropriate law and regulations.

    Q.6. In an effort to be open and transparent with Congress and
    the public, will you commit not to assert any such privilege or
    legal justification against Congress that you listed above? If
    not, why not? If so, please identify all such privileges or
    legal justifications that you will commit to not assert against
    Congress.

    A.6. If confirmed, I will consult with the agency's legal
    counsel to ensure HUD responds to Congressional requests for
    records and oral testimony, in a matter that is consistent with
    appropriate law and regulations.

    Q.7. Policy Review. The HUD Deputy Secretary is responsible for
    resolving policy disagreements that cannot be resolved among
    HUD's Assistant Secretaries and other HUD Principals. Will you
    commit to providing any HUD Principals whose disagreements
    cannot be resolved an opportunity to be heard?

    A.7. An important role of the Deputy Secretary is to resolve
    differences among Assistant Secretaries concerning proposed
    directives. If confirmed, I plan to fulfill the duties the
    position, including working to hearing and resolving policy
    disagreements between Assistant Secretaries, office heads, and
    equivalent HUD Principals about policy matters not
    satisfactorily addressed at the HUD Principal level.

    Q.8. Do you intend to hear arguments between disputing HUD
    Principals and agree to accept any evidence offered by those
    HUD Principals that may support their positions?

    A.8. If confirmed, I would hear arguments and review evidence,
    consistent with applicable law and regulations, as I worked to
    resolve policy disagreements among between Assistant
    Secretaries, office heads, and equivalent HUD Principals about
    policy matters not satisfactorily addressed at the HUD
    Principal level.

    Q.9. Will you transmit a written decision to disputing parties
    within HUD and commit to addressing all arguments raised by
    them in your written decisions?

    A.9. If confirmed, I will ensure that HUD take steps to resolve
    disputes in a way that is clear, transparent, and follows all
    applicable guidance, regulations and laws, including guidance
    on when written decisions are appropriate.

    Q.10. Collaboration With HUD's Office of Inspector General
    (OIG). Please provide your philosophy on how HUD will support
    and address OIG audits and investigations, if you are
    confirmed.

    A.10. HUD's Office of the Inspector General serves a valuable
    role that includes recommending policies for activities
    designed to promote economy, efficiency, and effectiveness and
    the prevention and detection of fraud and abuse in HUD's
    programs and operations. If confirmed, I would fulfill the
    duties of my position, including my duty to communicate with
    the Office of the Inspector General, to the best of my ability
    and in conformity with all applicable laws.

    Q.11. The HUD Deputy Secretary is charged with providing a
    written decision that becomes the management decision
    responding to OIG recommendations when OIG does not concur with
    the decision of lower levels of authority in HUD and an impasse
    occurs. \1\ If confirmed, will you commit to providing OIG and
    relevant HUD program offices an opportunity to be heard when
    you are asked to provide a management decision?
    ---------------------------------------------------------------------------
         \1\ HUD, ``Audit Management Systems Handbook 2000.06 Rev-4'' 5-5,
    available at https://www.hud.gov/sites/documents/20006CFOH.PDF.

    A.11. I believe HUD's Office of the Inspector General serves a
    critical role, including through the recommendations OIG makes
    to the agency with regards to suggested improvements of HUD's
    operations and compliance with laws and regulations. If
    confirmed, I would work to resolve disputes about OIG
    recommendations in accordable with all applicable laws,
    regulations and guidance, including any guidance around
    ensuring input from relevant entities, including HUD program
    ---------------------------------------------------------------------------
    offices.

    Q.12. Do you intend to hear arguments between OIG and the HUD
    program office whose management decision OIG cannot concur with
    and will you agree to accept any evidence offered by OIG and
    HUD program offices that may support their positions?

    A.12. If confirmed, I would consider and evaluate the input and
    concerns of the OIG, Assistant Secretaries, office heads, and
    equivalent HUD Principals. I am committed to ensuring that HUD
    is run in a way that is fair, transparent and equitable, which
    means listening to HUD program offices.

    Q.13. Do you commit to addressing all arguments raised by the
    disputing parties within HUD in your management decisions?

    A.13. If confirmed, I would carefully consider and evaluate the
    concerns and arguments of Assistant Secretaries, office heads,
    and equivalent HUD Principals as appropriate. I am committed to
    hearing from all parties in any dispute and will carefully
    consider the arguments of all parties in my management
    decisions.

    Q.14. Opportunity for Comment on Regulations and Sub-Regulatory
    Guidance. In 2018, when you were NAHRO's CEO, you testified
    before the House Financial Services Committee and appended a
    comment letter from NAHRO to your testimony that said ``HUD
    stakeholders [should] have the opportunity to comment on the
    rules that affect them.'' \2\ The comment letter goes on to say
    that ``[b]y publishing guidance, HUD lowers transparency by
    issuing rules created by unelected officials without input from
    the public.'' As HUD Deputy Secretary, will you require your
    staff to seek comment from the public--including industry
    stakeholders, housing advocates, and families affected by HUD's
    policies--before publishing those rules?
    ---------------------------------------------------------------------------
         \2\ ``HUD's Role in Rental Assistance: An Overview and Review of
    Legislative Proposals'', Hearing Before the Subcomm. on Hous. and
    Insurance of the H. Comm. on Fin. Serv., 115th Cong. (Apr. 25, 2018).

    A.14. If confirmed, I would direct HUD to seek comments from
    the public in a manner consistent with the Administrative
    ---------------------------------------------------------------------------
    Procedures Act.

    Q.15. Under what circumstances will you accept ``issuing rules
    created by unelected officials without input from the public?''

    A.15. If confirmed, I would direct HUD to seek community and
    stakeholder input in the development of policies in a way that
    is consistent with the Administrative Procedures Act.

    Q.16. How will you ensure public feedback or comments are
    thoughtfully considered for policies that will be implemented
    prior to solicitation of that feedback or comment?

    A.16. If confirmed, I would direct HUD to seek community and
    stakeholder input in the development of policies in a way that
    is consistent with the Administrative Procedures Act.

    Q.17. Affirmatively Furthering Fair Housing (AFFH). When you
    were NAHRO's CEO, NAHRO argued in a 2018 comment letter about
    AFFH that entities should not have to analyze ``non-housing
    related topics (e.g., transportation, education,
    infrastructure, etc.).'' Do you agree with this statement? If
    not, under what circumstances would it be appropriate for HUD
    to require such analysis?

    A.17. The comment you referenced was made by NAHRO on behalf of
    its members. If confirmed as Deputy Secretary, I would work
    with Secretary Fudge to implement the Fair Housing Act. As
    Secretary Fudge has said, HUD will commit to giving very
    careful consideration to all options relating to the AFFH
    process.

    Q.18. NAHRO argued in the same 2018 comment letter that
    entities should not have to ``complete analyses of areas
    outside of their own jurisdiction . . . .'' Do you agree with
    this statement? If not, under what circumstances would it be
    appropriate for HUD to require such analysis?

    A.18. The comment you referenced was made by NAHRO on behalf of
    its members. If confirmed as Deputy Secretary, I would work
    with Secretary Fudge to implement the Fair Housing Act. As
    Secretary Fudge has said, HUD will commit to giving very
    careful consideration to all options relating to the AFFH
    process.

    Q.19. NAHRO's 2018 AFFH comment letter also argued that housing
    agencies should not have to hire a consultant to complete the
    AFFH process. Do you agree with this position? If not, why?

    A.19. The comment you referenced was made by NAHRO on behalf of
    its members. If confirmed as Deputy Secretary, I would work
    with Secretary Fudge to implement the Fair Housing Act. As
    Secretary Fudge has said, HUD will commit to giving very
    careful consideration to all options relating to the AFFH
    process.

    Q.20. In addition, NAHRO's 2018 AFFH comment letter argued that
    HUD should approve an AFFH plan if the entity at issue, like a
    public housing agency, made a ``good faith effort to comply
    with the AFFH process and submits a fair housing assessment.''
    As HUD Deputy Secretary, will you evaluate the possibility of
    including such a safe harbor in any revisions to HUD's
    disparate impact rule?

    A.20. The comment you reference was made with respect to an
    AFFH rulemaking, not a disparate impact rulemaking. If
    confirmed as Deputy Secretary, I will work with Secretary Fudge
    to implement the Fair Housing Act, including the disparate
    impact doctrine, consistent with the law.

    Q.21. Is it ever appropriate for HUD to tell localities
    precisely where to place new housing? If so, under what
    circumstances?

    A.21. Determining the location of new housing is primarily a
    local function. HUD's involvement in such decision-making is
    limited to certain circumstances. For example, it is well
    established that, under the Fair Housing Act, a locality may
    not refuse to permit housing to be built in a particular
    location for a discriminatory reason. If HUD receives an
    allegation that such discrimination has occurred, it is
    obligated to investigate and determine whether evidence
    supports such an allegation.

    Q.22. Can you promise that any potential revisions to AFFH will
    reduce the burden on localities when compared to the 2015 AFFH
    rule?

    A.22. If confirmed as Deputy Secretary, I would work with
    Secretary Fudge to implement the Fair Housing Act. As Secretary
    Fudge has said, HUD will commit to giving very careful
    consideration to all options relating to the AFFH process and
    will carefully consider the burdens that an AFFH process may
    place on localities.

    Q.23. We may disagree about what the content of a final AFFH
    rulemaking should look like, but I hope we agree that the
    outcome should come from a process that maximizes stakeholder
    input. Will you commit that before making any revisions to
    HUD's AFFH regulations, you will receive extensive community
    and stakeholder input on any potential revisions, including how
    HUD's AFFH rule can respect local autonomy and avoid overly
    burdening localities?

    A.23. If confirmed as Deputy Secretary, I would work with
    Secretary Fudge to implement the Fair Housing Act. I understand
    that Secretary Fudge has committed that HUD will seek community
    and stakeholder input in the development of new AFFH
    regulations.

    Q.24. Disparate Impact. In 2019, while you were CEO of NAHRO,
    your organization filed a comment letter arguing that HUD
    should provide a housing authority an affirmative defense to
    disparate impact claims under the Fair Housing Act if its
    policy is ``a reasonable approach and in the housing
    authority's sound discretion.'' The comment letter quoted the
    U.S. Supreme Court's decision in Texas Department of Housing
    and Community Affairs v. Inclusive Communities (Inclusive
    Communities) that disparate impact liability should not
    ``second-guess . . . approaches a housing authority should
    follow'' and that the Fair Housing Act ``does not decree a
    particular vision of urban development.'' As HUD Deputy
    Secretary, will you provide such an affirmative defense in any
    revisions to HUD's disparate impact rule?

    A.24. The comment you referenced was made by NAHRO on behalf of
    its members. If confirmed as Deputy Secretary, I would work
    with the Secretary, who has said she will adhere to the Supreme
    Court's ruling in Inclusive Communities.

    Q.25. Do you agree that HUD's disparate impact rule should
    allow for an affirmative defense to disparate impact claims
    under the Fair Housing Act?

    A.25. If confirmed as Deputy Secretary, I would work with the
    Secretary, who has said she will adhere to the Supreme Court's
    ruling in Inclusive Communities.

    Q.26. Will you commit that any revisions to HUD's disparate
    impact rule will follow the U.S. Supreme Court's dictate in
    Inclusive Communities that ``disparate-impact liability [should
    not] be so expansive as to inject racial considerations into
    every housing decision?''

    A.26. If confirmed as Deputy Secretary, I will work with the
    Office of the General Counsel and the Secretary to ensure that
    any actions HUD takes related to disparate impact are
    consistent with the Supreme Court's caselaw, including the
    ruling in Texas Department of Housing and Community Affairs v.
    Inclusive Communities.

    Q.27. Will you commit that any revisions to HUD's disparate
    impact rule will follow the U.S. Supreme Court's dictate in
    Inclusive Communities that ``disparate impact liability must be
    limited so employers [can] make . . . practical business
    choices and profit-related decisions [to] sustain a vibrant and
    dynamic free-enterprise system?''

    A.27. I am committed to ensuring that any revisions to HUD's
    disparate impact rule will be consistent with the Supreme
    Court's caselaw, including the ruling in Texas Department of
    Housing and Community Affairs v. Inclusive Communities.

    Q.28. Will you commit that any revisions to HUD's disparate
    impact rule will follow the U.S. Supreme Court's dictate in
    Inclusive Communities to have ``adequate safeguards'' for
    defendants at the prima facie (pleading) stage so ``race [is
    not] used and considered in a pervasive way [that] would almost
    inexorably lead governmental or private entities to use
    numerical quotas . . . ?''

    A.28. I am committed to ensuring that any revisions to HUD's
    disparate impact rule will be consistent with the Supreme
    Court's caselaw, including the ruling in Texas Department of
    Housing and Community Affairs v. Inclusive Communities.

    Q.29. Will you commit that any revisions to HUD's disparate
    impact rule will follow the U.S. Supreme Court's dictate in
    Inclusive Communities to have ``robust causality'' between the
    defendant's actions and the harm to a protected class so that
    defendants will not be held liable for racial disparities they
    did not create?

    A.29. I am committed to ensuring that any revisions to HUD's
    disparate impact rule will be consistent with the Supreme
    Court's caselaw, including the ruling in Texas Department of
    Housing and Community Affairs v. Inclusive Communities.

    Q.30. Will you commit that any revisions to HUD's disparate
    impact rule will follow the U.S. Supreme Court's dictate in
    Inclusive Communities to focus on removing ``artificial,
    arbitrary, and unnecessary barrier[s]'' to housing?

    A.30. I am committed to ensuring that any revisions to HUD's
    disparate impact rule will be consistent with the Supreme
    Court's caselaw, including the ruling in Texas Department of
    Housing and Community Affairs v. Inclusive Communities.

    Q.31. Public Housing. In 2019, as NAHRO's CEO, you testified
    before the House Financial Services Committee that there is an
    estimated backlog of $70 billion in unmet capital needs for
    public housing but admitted this estimate is extrapolated from
    HUD's 2010 Capital Needs Assessment. Do you believe HUD should
    conduct another Capital Needs Assessment to accurately measure
    the current backlog?

    A.31. While HUD does not have a recent estimate, few would
    dispute the urgent need for considerable investment to
    recapitalize our Nation's public housing stock. To my
    knowledge, the last official estimate of capital needs that HUD
    references is based on a study conducted in 2010. It would be
    valuable to have accurate and current data on the capital needs
    of the Nation's public housing, but we do not need that
    estimate to know that we must take action now.

    Q.32. Do you believe it would be useful for HUD to identify
    developments where the cost of capital repairs exceeds the cost
    of conversion to tenant-based or project-based assistance?

    A.32. We should always be looking for the most cost-effective
    way to deliver housing assistance. That is the premise
    undergirding Section 22 of the United States Housing Act of
    1937. Under Section 22, a public housing authority may apply to
    HUD to convert a public housing development to voucher-based
    assistance when a cost analysis demonstrates that providing
    assistance under Section 8 is less expensive than continuing
    assistance for the remaining useful life of the public housing
    project. If confirmed, I would explore the feasibility of
    identifying properties where the cost of capital repairs
    exceeds the cost of conversion to tenant-based or project-based
    assistance, keeping in mind local housing market conditions and
    local decision making.

    Q.33. Would it also be useful for HUD to know the estimated
    capital needs backlog for developments administered by public
    housing agencies (PHAs) that HUD, the HUD OIG, or the U.S.
    Department of Justice (DOJ) have alleged are grossly
    mismanaged, or those that have been identified by HUD as
    ``substandard'' or ``troubled?''

    A.33. It would be helpful to identify how much funding is
    needed to address these agencies' outstanding capital needs.
    Based on my experience, in most cases, annual Capital Fund
    appropriations are insufficient to address the physical
    conditions at these agencies, which makes it challenging for
    them to provide safe and decent housing. Adequate funding to
    make needed capital improvements could transform the
    performance of these PHAs. This analysis could then inform
    HUD's budget request for capital needs of troubled,
    substandard, and high-risk PHAs as well as those under HUD
    receivership.

    Q.34. In 2020, HUD OIG determined that for the last 11 years,
    HUD has failed to submit an annual report to Congress required
    by law on troubled PHAs. Will you commit to transmitting this
    report this year as required by law?

    A.34. If confirmed, I would look into this matter to ascertain
    the reasons for any delay and improve the process.

    Q.35. HUD measures the performance of PHAs across a number of
    indicators to ensure that units are decent, safe, sanitary, and
    in good repair. After compiling scores for each indicator into
    an overall score, the PHA receives a performance designation.
    HUD OIG determined that a number of PHAs that received a
    ``troubled performer'' designation remained troubled for longer
    than two years, after which time they should have been referred
    to the HUD Assistant Secretary for takeover. HUD OIG determined
    that when ``[the HUD Office of Public and Indian Housing] does
    not refer a troubled PHA to the Assistant Secretary after the
    maximum 2-year recovery period, a PHA could remain troubled for
    a period beyond that maximum 2-year period while conditions
    stagnate or deteriorate.'' \3\ Will you ensure that HUD's
    process for referring troubled PHAs to the HUD Assistant
    Secretary for takeover by HUD would be consistent with the law
    and regulations as identified by HUD OIG?
    ---------------------------------------------------------------------------
         \3\ Id. at 5.

    A.35. If confirmed, I would look into this matter and ensure
    ---------------------------------------------------------------------------
    that HUD is following applicable law and regulations.

    Q.36. Barriers to Affordable Housing. In January 2021, HUD
    released a report entitled ``Eliminating Regulatory Barriers to
    Affordable Housing: Federal, State, Local, and Tribal
    Opportunities,'' which ``identifies many Federal regulations
    and practices that could be revised to eliminate unnecessary
    burdens to providing Americans with affordable, safe, quality
    places to live, including opportunities to make sustainable
    home ownership more achievable.'' Which of the report's
    recommendations do you agree with?

    A.36. Thank you for bringing the report to my attention. If
    confirmed, I plan to review the report and its recommendations.

    Q.37. The January 2021 HUD report on barriers to affordable
    housing described regulatory and sub-regulatory changes to
    modernize Davis-Bacon. \4\ Do you support and will you work to
    implement any administrative reforms to update Davis-Bacon?
    ---------------------------------------------------------------------------
         \4\ Id. at 48-49.

    A.37. If confirmed as Deputy Secretary, I would work with HUD's
    Office of Davis-Bacon and the Related Acts (DBRA) to better
    understand the barriers to affordable housing described in the
    January 2021 report. It is critical to note, however, that HUD
    looks to the U.S. Department of Labor (DOL), specifically the
    Wage and Hour Division, for guidance on the administration of
    Davis-Bacon Act, as all regulatory and sub-regulatory changes
    ---------------------------------------------------------------------------
    to the Act must be made by DOL.

    Q.38. HUD Pilot Projects. In recent years, HUD has started some
    important pilot programs to study the effectiveness of Housing
    Choice Vouchers and to try to improve them for beneficiaries.
    Would you be open to additional pilots? If so, what kinds of
    pilots?

    A.38. As Secretary Fudge has said, she is open to conducting
    pilots on the HCV program, especially as we also work to
    increase access to vouchers for low-income families. The HCV
    program is the Nation's largest rental assistance program
    serving over two million families. However, it only reaches 1
    in 5 eligible households due to funding limitations. It is
    critical that HUD continues to study the effectiveness of the
    program to make improvements for our families, landlords and
    public housing agencies. Some of the pilots may include
    activities such as improving safety inspections and housing
    modifications; promoting interventions that reduce segregation
    of families receiving assistance in disinvested communities and
    improve housing choice; developing innovative practices that
    assist disabled families, homeless families, youth aging out of
    foster care, and other people who face additional barriers to
    accessing housing; and implementing strategies that increase
    landlords' willingness to accept voucher recipients.

    Q.39. Ensuring That HUD Assistance Is Not for a ``Lifetime''.
    In December 2020, HUD Secretary Marcia Fudge said that ``public
    housing or low income housing should not be a lifetime, it
    should be a just a stopping point.'' \5\ What do you intend to
    do during your time as HUD Deputy Secretary to advance that
    goal?
    ---------------------------------------------------------------------------
         \5\ Errin Haines, `` `I Want To Be Part of Making This Work':
    Marcia Fudge Talks About How She Plans To Lead HUD'', The 19th (Dec.
    10, 2020), available at https://19thnews.org/2020/12/marcia-fudge-
    interview-nomination-department-of-housing-and-urban-development/.

    A.39. As Secretary Fudge said, shortening tenancy requires a
    two-part strategy: increasing the supply of affordable housing
    and helping people increase their incomes. We need to produce
    more housing in every community that is affordable for people
    with low incomes. Housing affordability studies show that no
    State in the country has an adequate supply of affordable
    housing. HUD plays a key role in affordable housing supply
    along with the Treasury Department and USDA. If confirmed, I
    would work with the Secretary, and the teams at Treasury and
    USDA, to increase the number of affordable housing units.
        Second, we need to increase tenant incomes by raising wages
    and helping people connect to education, training, and other
    services that can help improve their economic circumstances.
    While these issues are outside of HUD's direct
    responsibilities, I would partner with my colleagues across the
    Government to examine all the ways we can increase people's
    incomes to help them afford a safe place to call home.

    Q.40. Moving To Work (MTW). You were Executive Director of the
    DC Housing Authority which was an early participant in the
    Moving to Work (MTW) Demonstration Program. The MTW designation
    provided you with exemptions from many existing public housing
    and voucher rules and funding flexibility with how to use
    Federal funds. Do you support expanding the number of MTW
    jurisdictions to allow more communities to experiment on how to
    make that a reality?

    A.40. As you know, the Fiscal Year 2016 Appropriations Act
    authorized HUD to expand the MTW demonstration program from the
    39 PHAs in the program to an additional 100 PHAs over a period
    of 7 years. In 2020, HUD finalized the Operations Notice for
    the MTW demonstration program expansion, which established
    requirements for the implementation and operations of the MTW
    expansion pursuant to the 2016 statute. HUD added 40 new PHAs
    to the MTW Program this year, with plans to increase to the
    full 100 expansion MTW agencies. If confirmed, I am committed
    to working with the Congress as HUD follows through on its
    requirements under the 2016 Act.

    Q.41. Would you consider expanding MTW to allow defined-stay
    tenancy for new tenants (i.e., time limits) in exchange for a
    set rent that will not increase with income?

    A.41. One of the key aspects of the MTW Expansion is HUD's
    commitment to engage in structured research and analysis on
    specific flexibilities offered to PHAs under the original
    authorizing statute, including but not limited to tenancy
    issues such as those your question suggests, in order to
    provide HUD sound basis for future policy decisions. If
    confirmed, I commit to working with Congress as HUD studies MTW
    flexibilities going forward, and I would work with HUD staff to
    determine policy and practices that best serve residents of
    federally assisted housing with the resources available to HUD.

    Q.42. Community Development Block Grant (CDBG) Program. Will
    you commit to evaluating whether the CDBG program formula
    allocates too much money to wealthier areas, at the expense of
    funding poorer and more rural areas? If so, will you consider
    CDBG reforms that could address this issue?

    A.42. If confirmed, I would review past efforts to make changes
    to the CDBG funding formula. I look forward to discussing with
    Members of Congress what further evaluation efforts are needed
    to inform improvements to the formula targeting.

    Q.43. Will you commit to evaluating whether the CDBG program
    insufficiently prioritizes the building of affordable housing
    because of other allowable uses for CDBG dollars? If so, will
    you consider CDBG reforms that could address this issue?

    A.43. If confirmed, I look forward to working with the HUD
    staff and CDBG grantees to better understand how and why
    grantees prioritize different community development activities
    to meet their local program objectives. The CDBG program has a
    community development approach, with a broad, statutory goal of
    providing decent housing, a suitable living environment, and
    economic opportunity, principally for low- and moderate-income
    persons. Other HUD programs, such as the HOME program, are
    specifically targeted to housing. If confirmed, I commit to
    reviewing how HUD programs work together to produce affordable
    housing.

    Q.44. What are appropriate guardrails to enact in any potential
    permanent authorization to HUD's CDBG-DR program to ensure that
    disaster relief reaches a community swiftly but in a manner
    that minimizes fraud?

    A.44. If confirmed, I would work with Congress and HUD staff to
    ensure that HUD is a good steward of Federal funds by
    expediting recovery activities while ensuring appropriate
    oversight.

    Q.45. HUD Multifamily Application Process. In recent months,
    the wait times for HUD Multifamily applications to be processed
    has tripled, and in some cases, quadrupled. If this continues,
    it could shrink the supply of affordable and workforce rental
    units. How will you addressing the wait times for HUD
    Multifamily applications? What steps will you be taking to
    ensure that HUD Multifamily can adequately respond to expansion
    and contraction in the future?

    A.45. If confirmed, I commit to studying this issue and
    improving the efficiency of the FHA Multifamily process. I
    would look forward to working with Congress to ensure HUD
    Multifamily had the appropriate resources to efficiently
    operate the FHA Multifamily process.

    Q.46. Environmental Regulations. Regarding HUD's environmental
    regulations that govern HUD's programs, how will you balance
    the need to protect the environment with the need to limit the
    cost of building new affordable housing?

    A.46. Many studies have shown the harmful impact that our
    country's contaminated sites have had on low-income housing.
    Having a roof over your head and being safe from harm should
    not be competing choices. That is why it is critical that HUD's
    mission is to create safe, decent, and affordable homes for
    all.

    Q.47. Manufactured Housing. The Manufactured Housing Consensus
    Committee (MHCC) is a Federal Advisory Committee statutorily
    authorized to develop and submit to the HUD Secretary
    manufactured home construction and safety standards. The law
    requires the MHCC to ``submit proposed revised standards . . .
    to the [HUD] Secretary in the form of a proposed rule,
    including an economic analysis.'' \6\ Accordingly, the MHCC
    must have resources devoted to developing these required
    economic analyses. Will you provide the resources that are
    necessary for the MHCC to develop economic analyses to
    accompany the construction and safety standards being
    considered by the MHCC so that the standards are revised to
    keep up with innovations in the market?
    ---------------------------------------------------------------------------
         \6\ 42 U.S.C. 5403(a)(4)(A)(ii).

    A.47. Manufactured Housing is a critical source of unsubsidized
    affordable housing. If confirmed, I would work with Secretary
    Fudge, who said that she will explore more ways to further its
    use as an affordable housing option. As mandated by statute,
    the Manufactured Housing Consensus Committee (MHCC) assists HUD
    in formulating and evaluating its oversight functions of the
    Manufactured Home Construction and Safety Standards. I agree
    the MHCC should have adequate resources necessary to achieve
    its purpose. HUD program office and research staffing resources
    provide economic analysis assistance and HUD's Office of
    Manufactured Housing Programs maintains sufficient contracted
    resources that conduct economic analyses for MHCC
    ---------------------------------------------------------------------------
    recommendations.

    Q.48. Mutual Mortgage Insurance (MMI) Fund. The FY20 Report on
    the MMI Fund shows that subjecting the FY20 portfolio to the
    same macroeconomic conditions faced during the housing crisis
    would create losses in excess of MMI Fund capital, resulting in
    a MMI Fund capital ratio of -0.63 percent, below the statutory
    2 percent minimum, and requiring a bailout. Would you consider
    it a failure if the Federal Housing Administration (FHA) draws
    funds from the Treasury to cover losses, or put more simply,
    requires a bailout?

    A.48. If confirmed, I would work with HUD leadership to
    prudently manage the financial soundness of the Mutual Mortgage
    Insurance Fund. We face an unprecedented economic disaster as a
    result of COVID-19, and I applaud the Administration for taking
    extraordinary steps to mitigate losses and the impact of this
    delinquency crisis to ensure FHA homeowners experience a full
    recovery. The American Rescue Plan was passed with nearly $10
    billion in allocated for homeowners, and if confirmed, I would
    work to ensure that these resources help the most vulnerable
    borrowers. I commit to working closely with the FHA team and
    OMB as policy actions are taken to use the fund for its
    intended purpose, and to ensure that we continue to maintain
    statutory capital and a healthy insurance fund.

    Q.49. Do you think the MMI Fund as of FY20 has sufficient
    capital reserves?

    A.49. The MMIF is currently above the statutory minimum
    required reserve ratio.

    Q.50. Do you think it is inappropriate to build a capital
    buffer able to withstand a shock of the kind experienced during
    the 2008 housing crisis?

    A.50. The circumstances of this crisis are very different than
    2008 thus far, with home prices continuing to rise and loans
    having more equity, as well as loan products being safer, lower
    fixed rate products. Given these factors, it is appropriate to
    manage the fund and the capital closely and using various
    stress scenarios to ensure it can withstand different types of
    economic shocks including natural disasters and potential
    housing price declines.

    Q.51. Is the statutory 2 percent MMI Fund capital ratio a
    sufficient buffer to protect against taxpayer losses? If not,
    what do you believe is appropriate? If not the 2008 housing
    crisis, what stress level scenario should FHA consider when
    deciding what capital buffer is sufficient?

    A.51. The capital ratio is something that should be
    continuously evaluated and as circumstances change over time.
    The fund has been well over the statutory limit for many years
    and the fund has been resilient through the COVID-19 pandemic.
    Each crisis and disaster are different, and we need to remain
    nimble in how we manage the risks. If I am confirmed, I commit
    to being focused on ensuring we have a process for continuous
    evaluation that meets the current circumstances of the market
    and protects homeowners.

    Q.52. Do you have plans to impose the same climate stress tests
    and climate change regulatory standards on FHA's lending
    portfolio as several Biden administration officials have
    discussed doing for private sector market participants?

    A.52. I do believe it is important that FHA's Mutual Mortgage
    Insurance Fund is managed using appropriate modeling and
    ``stress testing'' to have an appropriate capital buffer to
    withstand significant economic shock events. As the environment
    changes, I will work with the Secretary to adapt and
    proactively manage all risks.
                                    ------

            RESPONSES TO WRITTEN QUESTIONS OF SENATOR CRAPO
                          FROM ADRIANNE TODMAN

    Q.1. In my role as Chairman of the Senate Banking Committee,
    one of my priorities was regulatory relief for smaller public
    housing authorities (PHAs), which may not have the same
    personnel or resources as large PHAs yet are often held to the
    same standards.Are you open to working with Congress on
    opportunities to reduce the regulatory burden on smaller PHAs?

    A.1. Yes, I am open to working with Congress to help small PHAs
    address regulatory burdens and identify opportunities for more
    flexibility. If confirmed, I look forward to working with you
    on this important issue.
                                    ------

            RESPONSES TO WRITTEN QUESTIONS OF SENATOR DAINES
                          FROM ADRIANNE TODMAN

    Q.1. Explosive demand in the housing market far outpaces
    supply. What role do you envision the private sector playing in
    responding to the housing shortage? Please elaborate on
    strategies where Federal programs will only distort the market
    further.

    A.1. The private sector will play a significant role in
    responding to the housing supply shortage, but not alone. It is
    and will continue to be a challenge to develop affordable
    housing without Federal support as well as philanthropic
    strategies that provides capital sources and incentives to do
    so. It is HUDs mission to ensure that affordable housing is
    available and accessible for renters and homeowners and serve
    low- and moderate-income households who do not have the
    resources. As costs of construction continue to rise, it will
    be challenging for the private sector to produce or preserve
    affordable housing without capital from Federal programs like
    HOME investment partnership and LIHTC to support and maintain
    affordability.

    Q.2. We have witnessed record prices surges for wood products
    this spring which has played a role in significant increases in
    the cost of housing. What can HUD do to mitigate the impacts of
    the increased cost of timber, plywood, and other critical
    building materials?

    A.2. The implications of high building materials cost like
    lumber have a significant chilling effect on the ability for
    the home builders to accelerate production of affordable
    housing. This is a serious concern for HUD as it raises the
    cost of housing across the board and adds stress on renters and
    homeowners with rising cost of housing. While HUD can't solve
    the supply chain problem or rising cost of materials, we can
    work cooperatively with home builders and developers to ensure
    that our subsidy programs that support the construction of
    affordable housing are put to work to help close capital gaps
    or construction financing challenges.
        This is a critically important issue for HUD in order to
    achieve our mission and if confirmed, I would be focused on
    working across agencies to address and focus on these
    challenges to housing production.

    Q.3. You have consistently advocated for increased funding for
    public housing projects, given HUD's troubled history with
    waste and abuse, dumping more cash into the agency is not a
    solution to our housing challenges. What programs administered
    by HUD do you believe need significant attention, or
    termination?

    A.3. If confirmed as Deputy Secretary, responsible oversight
    would be a top priority of mine. I believe HUD can and should
    be central to addressing our Nation's housing challenges. At
    the same time, HUD has a responsibility to ensure that funds
    appropriated by Congress are spent efficiently and on the
    intended purposes. As you know, Congress, not HUD, has the
    authority to authorize programs and appropriate funds for those
    programs. I would review HUD's programs and look forward to
    working with you to address our country's housing challenges.
                                    ------

            RESPONSES TO WRITTEN QUESTIONS OF CHAIRMAN BROWN
                          FROM NURIA FERNANDEZ

    Q.1. America's communities are aging rapidly. Nationally,
    birthrates are at historical lows, and over the next decade it
    is expected that 77 million people will be 65 years or older.
    In my State of Ohio by 2025, more than 1 in 4 Ohioans will be
    60 years of age and older.
        What types of transportation challenges do we face if we
    fail to account for an aging population in the design of our
    communities? And what types investments in transit
    infrastructure and services do we need to make in rural and
    urban areas to help communities become more accessible and
    livable for our increasingly aging population?

    A.1. Without effective public transportation options, older
    adults, particularly those unable to drive, may not be able to
    remain in their homes. It is critical to develop housing and
    transportation options that account for reduced mobility. Paved
    sidewalks, bus shelters with seating, and buses with low floors
    and ramps or lifts aid in allowing people to stay in their own
    homes and remain independent as they age. In many communities,
    especially those in rural areas with less robust public transit
    systems, it is important to ensure that there are specialized
    transportation services available to meet the needs of older
    adults. FTA's formula programs, in particular the Enhanced
    Mobility for Seniors and Individuals with Disabilities program,
    help communities make these investments in transportation
    services that meet the unique needs of older adults.

    Q.2. In August 2011, President Obama issued an Executive order
    establishing a coordinated, governmentwide initiative to
    promote diversity and inclusion in the Federal workforce. The
    Executive order reads, in part, that ``Attaining a diverse,
    qualified workforce is one of the cornerstones of the merit-
    based civil service . . . . To realize more fully the goal of
    using the talents of all segments of society, the Federal
    Government must continue to challenge itself to enhance its
    ability to recruit, hire, promote, and retain a more diverse
    workforce. Further, the Federal Government must create a
    culture that encourages collaboration, flexibility, and
    fairness to enable individuals to participate to their full
    potential.'' The order required each agency to establish an
    agency-specific diversity, equity, and inclusion strategic plan
    with specific objectives.
        Will you commit to work with the Secretary to establish a
    system for reporting regularly on USDOT's progress in
    implementing an agency-specific diversity, equity, and
    inclusion strategic plan and in meeting the objectives under
    the plan?

    A.2. Yes. If confirmed, I commit to work with the Secretary to
    establish a system for reporting regularly on the Department's
    progress in implementing an agency-specific diversity, equity,
    and inclusion strategic plan and in meeting the objectives
    under the plan.

    Q.3. Will you commit to working with the Secretary on
    transparency on workplace policies, salaries, and benefits?

    A.3. Yes. If confirmed, I commit to working with the Secretary
    to provide transparency regarding workplace policies, salaries,
    and benefits.

    Q.4. What are some short- and long-term strategies for
    addressing disparities in access to affordable transportation?

    A.4. We have the responsibility to ensure that all Americans
    have equitable access to safe, affordable, and smart
    transportation options and an obligation to Build Back Better.
    If confirmed, I am committed to advancing President Biden's
    goal of increasing access to affordable, high-quality, reliable
    public transportation throughout America, and doing so in a way
    that improves racial and economic equity, accessibility, and
    sustainability and creates good-paying jobs. This includes
    recognizing existing disparities as we undertake efforts to
    help cities, towns, and other areas improve transit and invest
    in infrastructure that meets the needs of all residents.
    President Biden's American Jobs Plan has proposed numerous
    strategies to address this including investing $85 billion to
    modernize transit and provide new transportation options to
    transit deserts.

    Q.5. Will you commit to implementing and requiring diversity,
    equity, and inclusion training for all employees within your
    purview? What is your plan for implementing these trainings?

    A.5. If confirmed, I commit to implementing and requiring
    diversity, equity, and inclusion training for all FTA
    employees. As Deputy Administrator, I have already taken steps
    to implement these types of trainings. For example, FTA
    recently conducted implicit bias training for our senior
    management team. FTA also conducted a listening session with
    all employees regarding the racial violence that has occurred
    over the last year. In the coming months, we have a robust
    schedule of diversity and inclusion trainings that we plan to
    offer to all FTA employees.

    Q.6. Will you commit to implementing and requiring implicit
    bias training for managers within your purview? What is your
    plan for implementing these trainings?

    A.6. If confirmed, I commit to implementing and requiring
    implicit bias training for managers at FTA. As Deputy
    Administrator, I have already taken steps to implement these
    types of trainings and will continue to do so in the coming
    months.

    Q.7. Please describe how you view the role of the Administrator
    in appropriately serving Black, Indigenous, and People of Color
    (BIPOC)? How do you view FTA and USDOT's role in furthering
    racial equity?

    A.7. I share President Biden's commitment to advancing racial
    equity as a top priority of this Administration. If we can
    effectively incorporate equity considerations into our programs
    at FTA, we will provide not only safe transit options, but also
    affordable mobility options to all.
        Equity--as a matter of principle--is essential to
    fulfilling our mission at the Department and to everything we
    do to serve the American people. BIPOC communities
    disproportionately rely on transit and also face some of the
    longest transit journeys between home and work. If confirmed, I
    commit to working with the Secretary to improve transportation
    access and quality in BIPOC communities.

    Q.8. Please list at least 3 specific areas of focus/priorities
    for advancing racial equity, diversity, and inclusion at FTA.
    What specific measures will you use to evaluate success in
    these areas, and over what period of time?

    A.8. If confirmed, I would focus on the following to advance
    racial equity, diversity, and inclusion at FTA: (1) enhancing
    outreach efforts and building relationships with minority-
    serving institutions of higher learning and with professional
    organizations that represent communities of color and
    indigenous people to promote FTA as a premier employer and
    agency to attract and retain a diverse workforce; (2)
    increasing training opportunities provided for employees on
    diversity, inclusion, and community-building and promoting the
    achievements of FTA employees across all demographic groups;
    and (3) incorporating racial equity and environmental justice
    as priorities in our program activities, including competitive
    funding opportunities and research activities, and
    incorporating public engagement with environmental justice
    populations in the planning process, where appropriate.
        I would measure FTA's progress in the first two priority
    areas on an annual basis by assessing the composition of FTA's
    workforce, at all levels of the organization, and the degree to
    which employees feel connected to and professionally supported
    by FTA. In our funding programs and research activities, I
    would measure success by examining the impact of projects on
    advancing racial equity and removing barriers to opportunity.

    Q.9. What specific measures will you use to evaluate the FTA's
    success in understanding and addressing the needs of BIPOC?
    Will you work with the Secretary to regularly report to
    Congress on the progress being made on these measures?

    A.9. It is important for FTA to understand and address the
    needs of BIPOC. Such efforts start internally by ensuring that
    FTA's workforce is representative of the people we serve. In
    terms of external efforts, FTA requires transit agencies to
    perform a Title VI equity analysis and public outreach when
    undertaking major capital projects and considering service
    changes. If confirmed, I will evaluate our internal measures
    for diversity, hiring, and leadership to ensure FTA continues
    to reflect the communities and the Nation that we support and
    will assess our external efforts to ensure that we identify and
    address disparities in the provision of transit service. I also
    commit to working with the Secretary to regularly report to
    Congress on the progress being made on these measures.

    Q.10. An agency's budget reflects its values and goals. How do
    you plan to identify and recommend resources for internal and
    external efforts to advance diversity, equity and inclusion as
    part of the agency's annual budget process? How will you work
    to ensure sufficient financial support for the agency-specific
    diversity, equity, and inclusion strategic plan to ensure you
    are able to meet the objectives established under that plan in
    a reasonable time period?

    A.10. FTA's budget will reflect the priorities of the Biden-
    Harris Administration, which include a focus on how our
    Nation's transportation programs can advance racial equity. For
    example, it is critical to support FTA's Office of Civil
    Rights, which enables a more equitable and accessible transit
    system by overseeing transit agencies' compliance with civil
    rights requirements and providing technical assistance to the
    industry. FTA's budget will likewise continue to advance
    diversity, equity, and inclusion within the agency and beyond
    by allowing FTA to conduct trainings and promote public
    engagement in these areas.
                                    ------

            RESPONSES TO WRITTEN QUESTIONS OF SENATOR TOOMEY
                          FROM NURIA FERNANDEZ

    Q.1. Congressional Oversight. Please provide your philosophy on
    how FTA will approach and respond to Congressional information
    requests (both for documentary information and oral testimony),
    if you are confirmed.

    A.1. I understand and respect Congress' duty to conduct
    oversight of Executive Branch agencies and functions. If
    confirmed, I am committed to ensuring that FTA is responsive to
    oversight requests and provides Congress with the information
    that it needs consistent with appropriate law and regulations.

    Q.2. If confirmed, do you intend to respond to information
    requests differently depending on who is making the
    Congressional information request (whether it's the chair of
    the Congressional Committee, the Ranking Member, or another
    Member of Congress)? Please answer ``yes'' or ``no.'' If your
    answer is ``yes,'' please explain.

    A.2. I understand and respect Congress' duty to conduct
    oversight of Executive Branch agencies and functions. If
    confirmed, I am committed to ensuring that FTA is responsive to
    oversight requests and provides Congress with the information
    that it needs consistent with appropriate law and regulations.

    Q.3. Will you commit that, if confirmed, you will respond in a
    timely manner and fully comply with all information requests
    from me? Please answer ``yes'' or ``no.'' If your answer is
    ``no,'' please explain.

    A.3. If confirmed, I am committed to ensuring that FTA is
    responsive to oversight requests and provides Congress with the
    information that it needs consistent with appropriate law and
    regulations.

    Q.4. Will you commit that, if confirmed, you will make yourself
    and any other FTA employees expeditiously available to provide
    oral testimony (including but not limited to briefings,
    hearings, and transcribed interviews) to the Committee on any
    matter within its jurisdiction, upon the request of either the
    Chairman or Ranking Member? Please answer ``yes'' or ``no.'' If
    your answer is ``no,'' please explain why.

    A.4. If confirmed, I am committed to ensuring that FTA is
    responsive to requests for oral testimony consistent with
    appropriate law and regulations.

    Q.5. Do you believe that FTA may assert any privileges or other
    legal justifications to withhold information (whether records
    or oral testimony) from Congress? Please answer ``yes'' or
    ``no.''

    A.5. If confirmed, I will consult the agency's legal counsel so
    that FTA can be responsive to Congress while ensuring that FTA
    can carry out the statutory duties with which it is entrusted.

    Q.6. If you answered ``yes'' to Question 5, please list every
    such privilege or other legal justification and provide the
    legal basis for why you believe FTA may use such privilege or
    legal justification to withhold information from Congress.

    A.6. If confirmed, I will consult the agency's legal counsel so
    that FTA can be responsive to Congress while ensuring that FTA
    can carry out the statutory duties with which it is entrusted.

    Q.7. In an effort to be open and transparent with Congress and
    the public, will you commit not to assert any such privilege or
    legal justification against Congress that you listed above? If
    not, why not? If so, please identify all such privileges or
    legal justifications that you will commit to not assert against
    Congress.

    A.7. If confirmed, I will consult the agency's legal counsel so
    that FTA can be responsive to Congress while ensuring that the
    can carry out the statutory duties with which it is entrusted.

    Q.8. State and Local Funding for Transit. Traditionally,
    Congress has taken the view that local jurisdictions and States
    where public transit systems reside have primary responsibility
    to pay for these systems. In 2000, you expressed a similar
    view, when you said in Congressional testimony: ``As important
    as the Federal assistance is, it is at the local level where
    the key decisions concerning how to develop and fund local
    transit operations are made. The most important thing for
    transit agencies to accomplish in order to meet these
    challenges is to assure stable and reliable State and local
    sources of funding for capital and operating needs.''
        Is it still your view that the primary responsibility for
    funding transit and making decisions about transit development
    is at the local level?

    A.8. I still believe in the importance of local leadership in
    transit projects and decision making. State and local
    governments provide the vast majority of transit funding and
    most Federal transit programs require a State or local match of
    20 percent. Transit agencies need a reliable Federal partner,
    however, to be able to ensure safety and maintain a state of
    good repair, provide new fixed guideway services, and respond
    to emerging transportation needs and trends.

    Q.9. Role for Autonomous Vehicles in Transit. Recently, we have
    seen an increase in the development and adoption of autonomous
    vehicle technology in the United States. In fact, some transit
    agencies are already working on ways to incorporate this
    technology into their systems. Do you believe that technology,
    such as autonomous vehicles, can play a role in public
    transportation?

    A.9. I recognize that autonomous vehicles are part of the
    future of our Nation's transportation infrastructure, including
    transit, and, when done right, can make our transportation
    system safer and more efficient. This exciting new technology
    can present opportunities to expand or enhance transit service,
    but development of such concepts must ensure safety, the
    preservation of existing labor protections, and certainty for
    transit employees. If confirmed, I would work with Congress to
    ensure the safety of autonomous transit vehicle operations
    nationwide, and work with industry, American workers, safety
    organizations, environmental groups, and other stakeholders to
    determine how to create American jobs and advance American
    technological leadership through this industry.

    Q.10. Fare Evasion. Fare evasion is a problem for transit
    agencies that can result in substantial revenue losses for
    agencies. For example, the Washington Metropolitan Area Transit
    Authority (WMATA) estimated that it lost approximately $40
    million from fare evasion in fiscal year 2019. In 2017, Bay
    Area Rapid Transit (BART), which partnered with the Santa Clara
    Valley Transportation Authority (VTA) on several transit
    projects in Silicon Valley while you were CEO of VTA, found
    that it suffered from widespread fare evasion and ineffective
    attempts at citations, costing BART as much as $25 million per
    year in lost revenue. In 2012, New York's Metropolitan
    Transportation Authority (MTA) estimated that fare evasion cost
    it $328 million in lost revenue. Further, MTA has reported a
    gradual increase in fare evasion since 2015.
        Do you think that fare evasion is an issue transit agencies
    should take seriously and do you think fare evaders should be
    punished?

    A.10. As you know, transit agencies rely on fare revenues for a
    significant share of their operations. While FTA is prohibited
    by law from overseeing or regulating fare policies or fare
    enforcement, we are supporting research to develop innovative
    fare collection technologies that will make it easier for
    riders and agencies alike to pay and collect fares. As we work
    with agencies and industry to develop these technologies, we
    are focused on ensuring that new fare systems are developed
    with a focus on equity for riders for whom current fare payment
    systems may impose barriers. If confirmed, I will work to
    ensure that FTA continues to support transit agencies as they
    invest in improvements to fare systems that will improve
    efficiency and reduce the cost of collecting and processing
    fares.

    Q.11. If confirmed, will you work to increase transit agency
    fiscal accountability and address the issue of revenue loss on
    transit systems?

    A.11. We recognize that transit agencies and local governments
    need to balance the cost and efficiency of fare enforcement
    with the revenue losses due to fare evasion. Recognizing that
    FTA is prohibited by law from regulating local transit fare
    policies, I will, if confirmed, seek opportunities to provide
    technical assistance to transit agencies as they develop and
    implement new and more efficient systems to collect and process
    fares.

    Q.12. Transit Ridership. Transit ridership has been steadily
    declining since 2014. Ridership plummeted as a result of the
    COVID pandemic falling 50 percent with some transit systems
    suffering more severe contractions in demand. According to
    Moody's, ridership may never return to prepandemic levels. Do
    you think that FTA and transit agencies should reevaluate
    capital plans in light of declining ridership?

    A.12. The funding that Congress has provided to public transit
    agencies has been essential, given the declines in ridership
    and revenue caused by the COVID-19 pandemic. As public health
    conditions improve, transit ridership will no doubt increase,
    but it will be a while before we recover to prepandemic levels.
    If confirmed, I am committed to helping transit agencies build
    back better, not just return to the way things were before the
    pandemic. While the pandemic saw transit ridership drop
    significantly, bus ridership, especially in neighborhoods where
    essential workers live, remained relatively stable,
    highlighting the importance of public transit for essential
    workers and those who need access to health care, groceries,
    and more. While the changes of travel patterns as a result of
    the COVID pandemic may develop over a series of years, the need
    to improve access and quality of transportation services
    remains. FTA estimates that the transit state of good repair
    backlog exceeds $105 billion and there are more than $20
    billion of expansion projects in the project pipeline. That is
    why President Biden has proposed $85 billion to modernize
    public transit as part of the American Jobs Plan.

    Q.13. FTA Capital Investment Grants. Under Federal law, FTA
    reviews whether to give a capital investment grant to a transit
    agency based on six justification criteria, including
    environmental benefits, congestion relief, and cost
    effectiveness. Federal law requires that FTA ``give comparable,
    but not necessarily equal, numerical weight to each of the
    [statutory project justification] criteria.'' However, FTA's
    policy is to give equal weight to the six project justification
    criteria. Will you continue FTA's policy of assigning equal
    weight to each of the capital investment grant project
    justification criteria?

    A.13. If confirmed, I am committed to continuing compliance
    with the statutory requirement to ensure comparable weight is
    given to the project justification criteria.
                                    ------

            RESPONSES TO WRITTEN QUESTIONS OF SENATOR CRAPO
                          FROM NURIA FERNANDEZ

    Q.1. In Idaho and in many other rural Western States, transit
    in small cities and rural areas are provided by very small
    agencies. It is often on demand service, not scheduled route
    service. The burden of any new regulations can fall heavily on
    an agency staffed by very few people and, potentially, increase
    regulatory compliance costs that can cut service.
        How do you propose FTA should handle the different
    regulatory needs of rural and urban systems, and can you commit
    to carefully considering the differences between such systems
    when implementing regulations?

    A.1. I recognize that a one-size-fits-all approach to
    regulations is not always necessary or advisable. If confirmed,
    I commit to carefully considering the differences between
    rural, small urban, and large urban systems when FTA issues
    regulations and look forward to working with you on this issue.

    Q.2. Urban transit systems have often allowed themselves to
    fall into a state of disrepair and seeking Federal dollars to
    bring them into a state of good repair is not only fiscally
    irresponsible but takes away resources from rural communities,
    like those in Idaho.
        How would you work to ensure that rural transit gets the
    resources it needs for those who are truly transit-dependent
    and is not overshadowed by large, urban systems?

    A.2. People living in rural areas do not have the same mobility
    choices found in cities, which makes transit service in rural
    areas even more essential for folks who do not or cannot drive.
    Rural transit provides a lifeline of connectivity to older
    Americans who are aging in place, connects veterans to health
    care, and supports freedom of choice in where people live. If
    confirmed, I will work with FTA staff to ensure we communicate
    all FTA opportunities available for rural areas, including
    existing funding sources, best practices, and technical
    assistance, to ensure that these critical services have the
    financial and technical resources they need to fulfill their
    important mission.

    Q.3. Do you agree that support for transit in rural States and
    areas is an essential part of the transit portion of surface
    transportation reauthorization?

    A.3. Yes.
                                    ------

            RESPONSES TO WRITTEN QUESTIONS OF SENATOR DAINES
                          FROM NURIA FERNANDEZ

    Q.1. How can you translate the extensive urban system
    experience you have into addressing the needs of rural States
    and communities that have significantly different needs that
    what would be necessary in a more urban setting?

    A.1. I understand and appreciate that people living in rural
    areas do not have the same mobility choices found in cities.
    From my prior years of service with FTA, I am keenly aware of
    the essential role of transit in rural States and communities
    and recognize that different needs exist. If confirmed, I will
    use my experience to ensure FTA adequately communicates all
    opportunities available for rural areas, including existing
    funding sources, best practices, and technical assistance. I
    will also look for additional ways FTA can work with Congress,
    State departments of transportation, and rural transit service
    providers to ensure that these essential services are available
    to keep people in rural areas connected.

    Q.2. One complaint frequently noted about FTA is the complexity
    of regulatory reporting requirements. In some cases communities
    in my State have had to bring on additional staff just to
    handle paperwork related to these requirements. How can FTA
    work to reduce these onerous requirements so that rural
    communities are better able to put these resources to use?

    A.2. I recognize that a one-size-fits-all approach to
    regulatory requirements is not always necessary or advisable.
    If confirmed, I commit to carefully consider the differences
    between rural, small urban, and large urban systems when FTA
    issues or revises regulations and look forward to working with
    you on this issue.
                                    ------

                   RESPONSES TO WRITTEN QUESTIONS OF
                SENATOR VAN HOLLEN FROM NURIA FERNANDEZ

    Q.1. Question on Private Transit Providers. In the Consolidated
    Appropriations Act, 2020 and again in the American Rescue Plan
    Act of 2021 (ARPA) Congress provided that the payroll and other
    expenses of private providers of public transportation are
    among the expenses for which COVID relief funds provided by
    Congress are to be directed. See, for example, section 3401 of
    ARPA. However, in some cases public transit agency recipients
    of these relief funds have not provided any assistance to the
    private providers of transportation offered under arrangements
    with those transit agencies, leaving the private operators to
    suffer significant COVID-related losses associated with
    providing public transportation under such arrangements. In at
    least one case, the transit agency has imposed a requirement
    that the private providers first become FTA subrecipients and
    in another case the transit agency has imposed a requirement
    that a new contract must be in place.
        Can you state your position on whether public transit
    agencies may properly withhold funds from private providers of
    public transportation for these or similar reasons in the face
    of Congress' clear intent that payroll and other expenses of
    these private provisions be covered by the relief funds? Would
    you be prepared to work with my office to resolve this inequity
    in the COVID relief programs administered by FTA?

    A.1. As you stated, private providers of public transportation
    are eligible to receive COVID-19 supplemental funding from all
    three relief and rescue Acts. While the decision on how to use
    the COVID supplemental funding resides at the State and local
    level, FTA continues to award the funding in accordance with
    the law, prioritizing funding for payroll and operations for
    all public transit providers, including private providers of
    public transportation. If confirmed, I commit to work with your
    office to provide technical assistance to transit agencies and
    private providers with respect to the situations you have
    highlighted.

    Q.2. Question on Transit Workforce Training. Transit agencies
    need highly skilled maintenance and operations workers, and
    closing this skills gap would help ensure transit safety and
    efficiency. Training workers in these occupations would also
    help create good paying, steady jobs.
        I introduced the National Transit Frontline Workforce
    Training Act to establish a National Transit Frontline Training
    Center. The Center would award $12 million in annual grants to
    nonprofits for transit career training programs and
    apprenticeships and establish national standards for transit
    maintenance and operations skills.
        Ms. Fernandez, can you explain the importance of transit
    workforce training to the quality of service provided to riders
    across the country?

    A.2. Creating high quality, American jobs is core to the Biden-
    Harris Administration's vision. Workforce development and
    training are deeply important issues to fulfilling that goal
    and are priorities for the Secretary and me. As new
    technologies develop, it is important that the transit
    workforce is prepared for these innovations, particularly to
    maintain quality of service. It is also important that current
    frontline transit workers be retained and retrained to be part
    of the transit of the future. Recently, FTA announced a $5
    million Notice of Funding Opportunity under the Technical
    Assistance and Workforce Development Program to establish a
    Transit Workforce Center (TWC) that supports public transit
    agencies' workforce development needs for all modes of public
    transit across urban, tribal, and rural entities. Additionally,
    as we expand the fleet of zero emission vehicles, it is
    important that the growth of these green technologies coincide
    with growing the skillset of the transit workforce, ensuring
    that maintenance workers are provided the opportunity to
    continue working on the vehicles of the future. FTA is
    committed to that mission, and when we announced the Notice of
    Funding Opportunity for the FY21 Low or No Emissions Vehicle
    Program, we included language prioritizing grant applications
    that included workforce development as part of their proposal.
    If confirmed, I will continue to ensure that FTA supports the
    training needs of the Nation's transit workforce and helps
    transit agencies hire, train, and retain the diverse workforce
    needed for today and tomorrow.

    Q.3. Question on Red Line. In Baltimore, we have urgent transit
    needs for those households that do not have access to a
    vehicle. A few years ago Governor Hogan opted to cancel the Red
    Line that the Baltimore metro area leaders spent 10+ years to
    get to a Full Funding Grant Agreement from the FTA. This was a
    historic loss and one we are still reeling from today.
        Ms. Fernandez, how would you suggest Baltimore leaders
    prepare today to maximize the American Jobs Plan and our
    impending work to reauthorize the transit title as part of the
    surface authorization to ensure we fast track efforts to get
    back to the table of providing rapid transit connections
    between east and west Baltimore?

    A.3. I am committed to working with you to ensure that all
    Americans have equitable access to safe, affordable, and smart
    transportation options. Equity is a cornerstone of President
    Biden's American Jobs Plan, which proposes to invest $2
    trillion to transform infrastructure, with $85 billion targeted
    to modernize and expand public transportation to provide high-
    quality service in underserved areas and transit deserts.
    Equity is a cornerstone of the plan. Local leaders can prepare
    today by making key decisions concerning the planning and
    development of public transportation projects that provide
    critical community connections.

    Q.4. Do you have any policy prescriptions to limit what we saw
    in Maryland--the cancellation of a project already vetted and
    approved by FTA--when a new person becomes Governor?

    A.4. The Department and FTA do not have the authority to
    require States or local governments to develop particular
    transit projects. If confirmed, I stand ready to work with
    Maryland DOT, however, should the State decide to proceed with
    this or any other project.

    Q.5. Question on Red Line and Highway to Nowhere. Background:
    In Baltimore we have the Highway to Nowhere--a road originally
    designed to be part of the interstate system, connecting to I-
    70 and the Beltway, it became a useless scar, a big gash,
    running through the western part of Baltimore City.
        I'm glad to see President Biden's American Jobs Plan
    includes a provision to eliminate dated infrastructure like
    Baltimore's Highway to Nowhere. I've been fighting for this
    priority since last Congress. I was able to get a provision in
    the ATIA bill last Congress to create a new ``Community
    Connectivity'' pilot grant program within USDOT to provide
    funding to remove unnecessary infrastructure, like the
    ``Highway to Nowhere'', so that the space can be better
    utilized by the community.
        The Red Line was planned to intersect with the Highway to
    Nowhere and was even documented as a potential ``opportunity to
    correct'' the longstanding barrier and historical wound to the
    neighborhood.
        Ms. Fernandez, would you agree that removing unnecessary
    infrastructure like the Highway to Nowhere to free up space for
    transit--like the Red Line--is one way to address the long-term
    negative societal impacts of unnecessary infrastructure and
    also to improve and expand transit in cities like Baltimore for
    those same people who were impacted by the structure to begin
    with?

    A.5. The Biden-Harris administration has made a commitment to
    address major transportation inequities--including those caused
    by highways that divided Black and Brown communities. The
    American Jobs Plan includes $20 billion for a new program that
    will reconnect neighborhoods cut off by historic investments
    and ensure new projects, including public transportation,
    increase opportunity, advance racial equity and environmental
    justice, and promote affordable access.

    Q.6. Question on Transit v. Highway Funding. When it comes to
    Federal funds for highway and transit projects we have a
    situation here where the Federal match is more favorable for
    highway projects than transit projects.
        Highway is 80 or 90 percent and Transit is 60 to 80 percent
    but we know, there are currently no Core Capacity or New Starts
    with Full Funding Grant Agreements or in the pipeline with a
    Federal share higher than 49.5 percent.
        I think this creates an incentive for States to build more
    highway projects because their State funds can go further in
    this scenario.
        This seems like a backwards policy if we want to expand our
    transit capacity at home here in Maryland and nationwide.
        Baltimore's roads are largely built, however, its transit
    system is not competitive with its peer regions on the
    Northeast, it cannot connect residents to jobs or opportunities
    in a fast or reliable or frequent schedule. It also
    inadequately serves lower income residents, Black residents,
    and residents without access to vehicles, compounding
    generational inequities we have established through redlining
    and unfair housing policies.
        Yet our current Federal program would have the State of
    Maryland and Baltimore metro further invest in our highways due
    to unjust funding allocations and treatments to matching funds
    when we compare the National Highway Performance Program (NHPP)
    and the FTA Capital Investment Program (CIG).
        Allowing this continuation of the imbalance of the Federal
    programs, and high hurdles to fund and construct transit
    projects, will severely delay the ability for Baltimore, and
    many other metro areas throughout the U.S., from building truly
    game changing transit systems that can reduce the burden on the
    highway network, and further perpetuates Baltimore residents'
    inequitable access to opportunity and upward social movement
    for generations.
        Do you believe the current funding allocation between
    highways and transit is equitable and just and should we
    increase the Federal match for transit to the same levels that
    highway projects receive?

    A.6. Through the American Jobs Plan, the Biden-Harris
    administration is asking Congress to double Federal funding for
    transit and invest $85 billion to modernize existing transit
    and help agencies expand service to meet rider demand. If
    confirmed, I am committed to working with you and your
    colleagues to realize President Biden's vision for a
    transformational investment in American infrastructure.
                  Additional Material Supplied for the Record
            LETTERS SUBMITTED IN SUPPORT OF NOMINEE ADRIANNE TODMAN

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            LETTERS SUBMITTED IN SUPPORT OF NOMINEE NURIA FERNANDEZ

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     MORE HOUSING VOUCHERS: MOST IMPORTANT STEP TO HELP MORE PEOPLE AFFORD
              STABLE HOMES, CENTER ON BUDGET AND POLICY PRIORITIES

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