[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
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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.
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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
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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
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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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