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


            COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS

                     SHERROD BROWN, Ohio, Chairman

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

                     Laura Swanson, Staff Director

                 Brad Grantz, Republican Staff Director

                       Elisha Tuku, Chief Counsel

               Homer Carlisle, Professional Staff Member

                 Beth Cooper, Professional Staff Member

                Megan Cheney, Professional Staff Member

                 Dan Sullivan, Republican Chief Counsel

                 John Crews, Republican Policy Director

                      Cameron Ricker, Chief Clerk

                      Shelvin Simmons, IT Director

                    Charles J. Moffat, Hearing Clerk

                                  (ii)


                            C O N T E N T S

                              ----------                              

                         TUESDAY, MAY 11, 2021

                                                                   Page

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

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

                                NOMINEES

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

              Additional Material Supplied for the Record

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

                                 (iii)


           NOMINATIONS OF ADRIANNE TODMAN AND NURIA FERNANDEZ

                              ----------                              


                         TUESDAY, MAY 11, 2021

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

          OPENING STATEMENT OF CHAIRMAN SHERROD BROWN

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

         OPENING STATEMENT OF SENATOR PATRICK J. TOOMEY

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

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

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

      STATEMENT OF NURIA FERNANDEZ, TO BE FEDERAL TRANSIT 
                         ADMINISTRATOR

    Ms. Fernandez. Thank you, Mr. Chairman. Good morning. Good 
morning Chairman Brown, Ranking Member Toomey, Members of the 
Committee. It is a privilege for me to appear before you today 
as you consider my nomination for Administrator of the Federal 
Transit Administration. I am honored and humbled that President 
Biden and Secretary Buttigieg have entrusted me to serve in 
this role. Please allow me a moment to recognize someone 
special. My husband Dan Hall, a native of Cleveland, Ohio, and 
a Glenville High School graduate of Class of '67, is here with 
me.
    I was born in Panama City, where I took transit buses 
daily, and came to the United States as a young woman to pursue 
my engineering degree. I really appreciated the doors this 
country has opened for me. I chose a career in transit because 
of its ability to open a world of opportunities to everyone. 
Public transportation is the greatest equalizer: it allows 
people to get to jobs, schools, and services, regardless of 
where they live, if they own a car, or their ability to drive. 
Yet, to fully achieve that vision for everyone, we still have 
some miles to travel.
    If confirmed, I pledge, first and foremost, to uphold 
DOT's--and FTA's--primary mission: to improve the safety of 
public transportation systems. I will work with Secretary 
Buttigieg to achieve the Biden-Harris administration's goals of 
beating the COVID-19 pandemic, supporting our economy, 
providing a greener way to travel, and embracing diversity and 
inclusion as we strengthen transit's role in connecting people 
and places.
    I step into this role at a time unlike any other in public 
transportation. The COVID-19 pandemic has highlighted the 
importance of public transit. During the pandemic, Federal 
assistance ensured buses, trains, subways, and paratransit 
services continued to help people get to work, access testing 
and other medical appointments, and stay connected.
    As vaccines became available, transit agencies got 
creative, with the Port Authority of Allegheny County finding 
new ways to reach and help at-risk seniors, Mountain Line 
Transit in Missoula printing a route map showing how to access 
vaccination clinics by bus, and many rural systems offering 
dial-a-ride services to get folks to vaccination clinics far 
from home.
    Now, as President Biden's leadership has created the 
opportunity for more than 200 million shots in arms, our 
country is reopening. People are resuming daily life, and 
transit will return to its backbone role of moving our country. 
Work and commuting schedules may look different, but the need 
for public transportation to serve our communities remains 
acute.
    The American Jobs Plan will provide a once-in-a-generation 
investment in infrastructure to make America more competitive 
and help create 19 million jobs, in part through revitalizing 
our transit systems. If confirmed, I plan to take this 
opportunity to work with Congress and our transit partners 
throughout the country to make our industry the best it can be 
as we emerge from this national emergency.
    My long career in transit has prepared me for this moment. 
Over 35 years, working at the Federal Transit Administration, 
the Chicago Transit Authority, the Washington Metropolitan Area 
Transit Authority here in Washington, DC, the New York State 
Metropolitan Transportation Authority in New York and, most 
recently, as General Manager of the Santa Clara Valley 
Transportation Authority in San Jose, California. I led 2,100 
employees and a transit program that served millions who live 
and work in Silicon Valley.
    Under my direction, the Valley Transportation Authority 
established an Innovation Center to collaborate with tech 
companies and universities to find new ways to improve 
mobility. We also set up a human trafficking awareness program 
for VTA staff that became a model for a State law requiring all 
California transit agencies to train frontline workers on how 
to recognize it and how to respond.
    I take pride in my fiscal management of VTA's transit 
program, including overseeing Federal grants for capital 
projects such as extending the Bay Area Rapid Transit's heavy 
rail, which will connect millions to San Francisco and beyond. 
And for the past year, I served as Chair of the American Public 
Transportation Association, which helped reinforce my 
relationships with transit leaders throughout the country.
    If confirmed, I would apply all of those experiences to 
make sure FTA continues to adhere to its role ensuring safety, 
accountability, and stewardship of public funds. I look forward 
to welcoming new technology and building upon FTA's decades of 
delivering reliable and equitable transportation, and, of 
course, working with you to ensure our Nation's public 
transportation system serves everyone, whether they live in 
rural areas or our suburbs and cities.
    I would like to thank the Committee for the opportunity to 
appear here today, and I welcome your questions.
    Chairman Brown. Thank you, Administrator Fernandez, for 
those comments.
    Let me begin with you, Ms. Todman. In Cleveland, and in 
older industrial great cities around, particularly the Midwest 
but really throughout the country, but in Cleveland 
specifically, 90 percent of the housing was built before lead 
paint was banned, and it still has consequences for our kids. 
We know lead paint poisoning has harmful, lifelong effects. 
Lead-based paint remains the top sources of lead exposure. What 
can HUD do to protect kids from lead in their homes? How does 
Congress need to do more to support that, Ms. Todman?
    Ms. Todman. Mr. Chairman, thank you so much for that 
question, and I will say I share your deep concern for the 
impact that lead hazards have, particularly on our young people 
across the country. We have a responsibility to ensure that 
lead hazards are mitigated in assisted housing, and, you know, 
HUD has the tools to do that. So, if confirmed, and I become 
Deputy Secretary, I will make sure, to your question, to get a 
good grasp on making sure all the tools are working at full 
tilt, and make sure that the HUD staff is aware of their 
responsibilities, and service providers on the ground are aware 
of theirs. I look forward to working with you on that.
    Chairman Brown. Thank you, and we will be watching. I voted 
to confirm Secretary Carson. He was a neurologist or a brain 
surgeon, I believe, and he knew what lead did to the human 
brain, the developing, very young human brain, and we just 
didn't see much action, frankly. And we will be watching and 
making sure that you live up to those commitments that you and 
my friend, Secretary Fudge, and President Biden have made on 
lead.
    Administrator Fernandez, Acting Administrator, you touched, 
near the end of your statement, about what you have done with 
transit infrastructure in terms of workforce, especially 
challenging as the industry works to incorporate new 
technologies like electric and hydrogen buses, you need 
different mechanic skills, all that. I have heard these 
workers, will require workers to know computer programming as 
much as mechanics.
    What are the major outstanding needs in the transit 
workforce in terms of recruitment and retention and training? 
What should we be doing to address those needs?
    Ms. Fernandez. Thank you very much for your question, Mr. 
Chairman. You know, creating high-quality American jobs is core 
to the Biden-Harris administration's Build Back Better vision, 
and a workforce development program is at the center, and it is 
important to Secretary Buttigieg as well as myself.
    So FTA is committed to supporting efforts to recruit and 
train the next generation of transit workers. As you may know, 
the American Jobs Plan does have a recommendation to increase 
the number of technology for transit fleet, and converting that 
fleet to a low or no emission is going to introduce a series of 
technologies--battery, electric technology will be one of them. 
And clearly, making sure that our current workforce has the 
opportunity to be retrained so that they can be retained, in 
addition to upskilling and reskilling others that want to be 
involved with this, is going to be at the center of all the 
work that we are going to be doing.
    On April 15, the FTA announced a $5 million funding 
opportunity for a new transit workforce center, and it is going 
to provide technical assistance to the transit industry to be 
able to implement the best practices and workforce development.
    If confirmed, I will continue to ensure that the Federal 
Transit Administration supports the needs of our Nation's 
transit workforce, including supporting the recruiting and 
retention of this important asset.
    Chairman Brown. Thank you, Ms. Fernandez. In my last minute 
or so, this question is to both of you, and be brief if you can 
since time is short.
    COVID-19 has been the great revealer in so many ways. It 
has brought challenges in showing the iniquities and bring them 
to the forefront, inequities that have persisted for years--
structural racism and income and wealth inequality.
    Each of you, if you would, what has COVID-19 revealed to 
you, specifically, Ms. Todman, about housing, and specifically, 
Ms. Fernandez, about public transportation?
    Ms. Todman. Thank you, Chairman. We were all told to stay 
home at the beginning of the pandemic last year, and sadly, 
many Americans did not have a home to go to, and many 
Americans, over the course of the pandemic, have suffered from 
housing insecurity. So, I think that this pandemic has 
underscored the importance of housing, and affordable housing, 
for all sectors of our community, including people of color and 
renters.
    Chairman Brown. Ms. Fernandez.
    Ms. Fernandez. Yes. Thank you, Mr. Chairman. In addition to 
the lack of housing and proximity to public transportation, the 
pandemic has also highlighted the disparities that communities 
that have been historically underserved have experienced. We 
have encountered transit deserts where there were not viable 
transportation options for individuals that needed to go to 
vaccination centers or get testing. So there is an opportunity 
to work closer, and I look forward, if confirmed, to working 
with the Department of Housing and Urban Development to ensure 
that there is not only affordable housing in proximity to 
public transportation, but within FTA that there is high-
quality public transit available for all.
    Chairman Brown. Thank you, Administrator Fernandez. Senator 
Toomey.
    Senator Toomey. Thank you, Mr. Chairman. Ms. Todman and Ms. 
Fernandez, thanks for taking the time to chat yesterday. I 
enjoyed our conversations.
    I want to talk a little bit about the downpayment 
assistance in FHA loans. As you know, these loans require 
minimal downpayment, generally, but HUD does permit downpayment 
assistance--DPA, as it is known--which may let borrowers buy 
homes with no money down.
    Downpayment requirement is important for many reasons, and 
that is why there are important restrictions on the source of 
funds that comprise the downpayment. In 2008, Congress updated 
the law and prevented any part of a downpayment for an FHA loan 
to come from an entity that financially benefits from the 
transaction. However, HUD's IG has concluded that some DPA 
programs are still structured in a way that violates the law, 
because the DPA provider is reimbursed for providing the 
downpayment, and thereby financially benefits from the 
transaction.
    So, Ms. Todman, last week I sent a letter to the HUD 
Secretary and the HUD IG, asking them to provide records and to 
brief my staff to understand why the former HUD Deputy 
Secretary chose to disregard the HUD IG's findings. My question 
for you this morning is, will you ensure that HUD provides me 
with this information that I have requested, and will you also 
review the former Deputy Secretary's decision, and just notify 
me of the results of your review?
    Ms. Todman. Thank you, Senator, for that question. I am 
aware of the concern that you have raised regarding downpayment 
assistance, and I commit to you that if I am confirmed and 
become Deputy Secretary I will be working with the Secretary, 
the IG, and with career staff to understand some of the 
underlying issues that you have raised and to ensure that the 
program is working optimally.
    Senator Toomey. And you will communicate that to me. This 
is a reasonable request that I have made, as a Member of the 
Committee that has jurisdiction and oversight.
    Ms. Todman. If I am Deputy Secretary, I will commit to 
communicating with you, Senator.
    Senator Toomey. OK. Thank you. I appreciate that.
    Second topic. HUD is affirmatively furthering the Fair 
Housing Rule. We discussed this a little bit yesterday. You 
know, it is my view that the Obama-era rule, which was, you 
know, we will call it the AFFH, was overly complex and it 
placed undue burdens on HUD grant recipients, including cities 
and public housing agencies. The rule forced HUD grant 
recipients, in some cases, to hire expensive consultants and to 
analyze non-housing issues, like education and transportation.
    And as we discussed yesterday, under your leadership NAHRO 
criticized the Obama-era rule for these very reasons. In a 2018 
letter about the AFFH rule, NAHRO wrote that, and I quote, 
``Housing agencies should be able to complete any required 
assessments without having to hire a consultant,'' end quote. 
The letter went on to say, and I quote, ``Housing agencies and 
other entities should not be forced to complete an analysis on 
non-housing-related topics, e.g., transportation, education, 
infrastructure, et cetera,'' end quote.
    Now we know HUD is expected to revise the rule, and as HUD 
works to revise this rule, can you commit to us that you will 
work to avoid replicating the problems that your organization 
correctly observed with respect to the Obama-era rule?
    Ms. Todman. Senator, those comments certainly were made in 
my capacity as the NAHRO CEO. If confirmed, and I become the 
Deputy Secretary, my job will be to implement the Fair Housing 
Act, and, of course, affirmatively furthering fair housing is 
an important and critical component of that Act. You know, AFFH 
is meant to use data and information so that localities can 
make strong decisions related to advancing fair housing for all 
of the protected class under the Fair Housing Act.
    So, I will commit to implementing the Fair Housing law and 
ensuring that localities have information, technical 
assistance, and the tools they need.
    Senator Toomey. Yeah, I understand. I just want to point 
out, you were not incorrect when you observed the problems of 
imposing this extremely expensive burden on the very clients. 
And so I hope you will keep that past history in mind.
    Very quickly a question for Ms. Fernandez regarding 
oversight of transit funding. The March 2021 spending bill 
included a section 3401(b)(7)--this is in the ARP bill--and it 
provides for $2.2 billion for transit operators that, and I 
quote, ``as the result of COVID-19 require additional 
assistance,'' end quote. And, Ms. Fernandez, I just would like 
for you to commit to ensuring that that $2.2 trillion, in fact, 
goes, as the law requires, and does not serve as a general, 
all-purpose subsidy for transit agencies that may have had 
financial problems that preceded COVID-19.
    Ms. Fernandez. Senator, thank you very much for that 
question, and yes, the $2.2 billion funding is available only 
if the transit agency demonstrates additional needs over and 
above the funding that they have been apportioned. The Federal 
Transit Administration has the requisite oversight and 
administrative processes in place to ensure that those funds 
are distributed appropriately, that applications are reviewed 
carefully--we have a history of reviewing these types of 
applications. We will handle that additional funding through a 
Notice of Funding Opportunity, so it is not just through an 
application, and disbursement of a request.
    So I commit, if confirmed, to ensuring that we consider and 
that we also provide the oversight that is required for those 
initial funds.
    Senator Toomey. No I just--and I will finish, Mr. Chairman, 
but I just want to underscore that the statute requires that 
the additional need must be a result of COVID-19. So I hope you 
will keep that in mind. Thank you, Mr. Chairman.
    Ms. Fernandez. Thank you.
    Chairman Brown. Thanks, Senator Toomey. Senator Reed of 
Rhode Island is recognized.
    Senator Reed. Thank you very much, Mr. Chairman, and 
welcome. Ms. Fernandez, you have been here before the 
Committee, and I have had the opportunity to question you. so 
let me start where I ended 21 years ago, and ask you a question 
with respect to transit, obviously. We have done a lot at the 
Federal level providing capital expenses for transit system, 
but in order to thrive they need to be able to operate 
frequently, to have dependable schedules, and some of that 
requires support in their operating expenses.
    Would you be considering providing some operating 
assistance to transit systems so that they could be actually 
more economic and more efficient?
    Ms. Fernandez. Senator, thank you so much for that 
question. The public transportation industry has encountered 
one of its greatest challenges ever through this pandemic. The 
Federal Transit Administration, through support of Congress and 
the funding--and thanks very much for approving the three 
recovery relief bills--has really helped stabilize the 
industry, and the industry needs to recover but also maintain 
service, and it needs to be stronger when we emerge from this 
pandemic.
    The challenges encountered, I believe, at this time, are 
being addressed, but they are not going to be resolved 
overnight, and that is one of the reasons why, as we look at 
the funding that has been appropriated three times to support 
operations of transit systems, those funds will be used over 
multiple years to ensure that transit agencies can get back on 
a solid footing and will be able to once again re-emerge 
stronger as they continue to provide services to all needed 
communities.
    Senator Reed. Well, thank you very much. Just another quick 
question, Ms. Fernandez, and that is, we have worked very hard, 
and Senator Collins has worked to provide low and no vehicle 
emission grants to transit systems, so they can buy electric 
buses and other types of low-emission buses. But can you talk 
about, quickly, the scale of investment? We have invested some 
money in the fund, but it is nothing compared to what I think 
we need.
    For a quick example, we have got four or five buses in 
RIPTA, our Rhode Island system. They have 240 buses that have 
to be replaced. So can you just give a quick scale issue?
    Ms. Fernandez. Yes. Thank you, Senator. The Low or No 
Emission Program has turned out to be a very popular program. 
As you may know, we issued a Notice of Funding Opportunity, 
which closed on April 12. That funding opportunity offered $180 
million, available for transit agencies that wanted to 
transition into new technologies that were low- or no-emission 
technology. And we have received over 180 applications that 
total close to $1 billion in requests.
    So the need is clearly there, and that is one of the 
reasons why the American Jobs proposals that the President has 
presented to Congress includes additional $25 billion for no-
emission transition for bus fleets across America.
    Senator Reed. Thank you so much. Ms. Todman, I am big fan 
of the Family Self-Sufficiency program. I have seen it working 
in Rhode Island and working well. And it really gives a 
transformative effect to families and allows them to move on, 
buy houses, to do many things.
    I hope you are a fan of FSS too. Is that correct?
    Ms. Todman. I am a huge fan of the Family Self-Sufficiency 
program, Senator. In fact, I have not been to an FSS graduation 
where I did not shed a tear for how much hope the families 
experienced as a result of their experience in the program.
    Senator Reed. Well, thank you very much, and thank you both 
for your willingness to serve, and thank you, Mr. Chairman.
    Chairman Brown. Thank you, Senator Reed. Senator Rounds 
from South Dakota is recognized.
    Senator Rounds. Thank you, Mr. Chairman. I would like to 
begin by thanking both of our witnesses for appearing and also 
for your willingness to serve.
    Ms. Todman, I would like to begin with you. During your 
written testimony you talked at length about your experience in 
the Office of Public and Indian Housing. I am sure that will 
serve as a good foundation for your work as Deputy Secretary, 
if you are confirmed.
    As you may know, South Dakota is home to nine federally 
recognized tribes, so Native American housing issues are 
critically important to my constituents. Can you discuss how 
the challenges you encountered while working on Native American 
housing issues will inform your work as a Deputy Secretary?
    Ms. Todman. Thank you, Senator. I had the good fortune when 
I worked at HUD in the Office of Public and Indian Housing, I 
had some exposure to issues of importance related to Native 
American housing, so I appreciate this question and your 
concern.
    Additionally, as the CEO of NAHRO, I have also been 
speaking to our industry colleagues as it relates to not just 
the quality of housing in Native American communities but also 
the amount of affordable housing. And so, you have my 
commitment to work with you and your constituents to ensure the 
quality and number of affordable housing units are improved.
    Senator Rounds. I thank you for that, because you are 
correct in that it is not just the quality. It is the amount of 
housing that is actually available, and the lack of housing on 
Native American reservations, where while the families are 
close to one another, we have literally multiple families 
living in what was designed to be a single-family house. And so 
I appreciate that and I do look forward to working with you, 
should you be confirmed.
    I think it is really important that we actually make some 
strides with regard to working on those reservations where you 
have a lot of Tribal trust land, and when you have Tribal trust 
land it is rather challenging sometimes to get the appropriate 
titles to make it easier to get the financing in place for that 
housing to occur. So I thank you for that.
    Ms. Fernandez, I notice that you have substantial 
experience working on transit issues in major American cities, 
and I have no doubt that this experience will serve you well. 
But it is important not to lose sight of the transportation 
needs of Americans in small communities as well. What are some 
of the challenges that you see facing transit systems in rural 
America?
    Ms. Fernandez. Senator, thank you very much for that 
question. The number of rural and small-town public transit 
agencies have increased over the past two decades because of 
demographics. The demand for public transportation has gone up, 
because the demographics have essentially become older, more 
challenged, and in need of mobility services.
    The challenge that I see is that rural communities do not 
have the vast mobility choices that you would find in suburban 
and urban areas. So the first thing would be to focus on what 
are the needs of the community. If the community is aging in 
place, they are going to require access to grocery shopping and 
getting health care. Paratransit services would be needed for 
those who are disabled. There are a large number of veterans 
who live in rural America that have signed up for VA health 
care, and they will need access to get to those health care 
clinics.
    So the focus would be on ensuring that transit in rural 
America continues, and that the rural operators continue to get 
the funding that they need, and technical assistance, so they 
can put those dollars into operations and replacing their 
fleet, if confirmed, that is an area that I will be working 
very closely with our Federal Transit Administration staff to 
make sure that that happens.
    Senator Rounds. Thank you. And Ms. Todman, I have got one 
more question for you. I am sure you are aware of the 
challenges that the Federal Housing Administration within HUD 
has when it comes to meeting its broad mission. One idea for 
how to reform the FHA comes from Carol Galante, President 
Obama's former FHA Commissioner, and it involves turning the 
FHA into an independent, Government-chartered corporation to 
give it the autonomy it needs to accomplish its goals. Do you 
think that approach might be something that Congress should 
consider?
    Ms. Todman. Senator, what I would commit to do is to 
understand some of the area where you believe FHA programs are 
underperforming. I will sit down with the Secretary and the 
career staff. I think that there is probably room for 
improvement in the Administration of the programs. I would not 
submit that the solution you stated is necessarily the only 
approach, but certainly I am open to hearing about all the 
options that are available for improvement, and I share your 
concern that home ownership, as secured by FHA, is something we 
look forward to perfecting.
    Senator Rounds. Thank you. Mr. Chairman, my time has 
expired. Thank you.
    Chairman Brown. Thank you, Senator Rounds. Senator Menendez 
from New Jersey is recognized.
    Senator Menendez. Thank you, Mr. Chairman. Ms. Fernandez, 
as you know, the Gateway program is a series of projects 
including the Portal North Bridge and the new Hudson River 
tunnels that would modernize a 10-mile segment of track that is 
the linchpin of the Northeast Corridor, a section of the 
country that generates 20 percent of GDP for the entire Nation.
    I believe that Gateway is the single most important 
transportation project in the country, and we have to move 
quickly to get it done. I appreciate that the President and the 
Administration have consistently highlighted the importance of 
Gateway, and the Federal Railroad Administration has already 
committed to completing the environmental review process by the 
end of the month. But I think FTA has a vital role to play here 
as well.
    Do you agree that Gateway is a project of national 
significance?
    Ms. Fernandez. Senator, thank you. Yes, I agree that the 
Gateway is a project of national significance. The Hudson 
Tunnel, which is part of the Gateway program, is an essential 
link.
    Senator Menendez. OK. And would you commit to working with 
the project sponsors and the congressional delegations in the 
coming [inaudible] to get the Gateway project underway?
    Ms. Fernandez. If confirmed, I commit to working with the 
project sponsors as they take all the necessary steps to 
complete the requirements for receipt of funding.
    Senator Menendez. Thank you. Ms. Todman, under the last 
Administration, HUD relocated key multifamily housing staff 
from its office in Newark to the New York regional office. 
This, combined with the fact that HUD has never had a Region 2 
administrator from New Jersey, going back at least a quarter of 
a century, troubles me, because it suggests that HUD is not 
prioritizing New Jersey's housing needs. And as a former mayor, 
I know that this presents a significant challenge for 
residents, landlords, and property managers. New York and New 
Jersey have very different housing needs and challenges.
    And so we look for HUD to have boots on the ground that are 
familiar with New Jersey's unique needs. How would you ensure 
that the Newark office has the staff that it needs and that New 
Jersey remains a priority at HUD?
    Ms. Todman. Senator, thank you. You should know that 
staffing at HUD is one of my top priorities, should I be 
confirmed, and I commit to you to understanding more about how 
those decisions may have impacted performance, particularly for 
your constituency. I will work with the Secretary and other 
staff at HUD to make sure that performance is improved. I will 
make sure that your constituency in New Jersey receives the 
attention they deserve, if I am confirmed.
    Senator Menendez. Thank you. I have raised this issue with 
the Secretary, and I think she has a good understanding of it 
as well.
    Let me ask you, during your time working in public housing, 
was it your experience that the areas in which public and 
affordable housing were located also had access to good jobs, 
schools, and economic opportunities?
    Ms. Todman. Sadly, not often, Senator.
    Senator Menendez. And that is, in fact, one of our 
challenges. As families move further away from job centers in 
search of more affordable housing, one would expect their 
transportation costs to increase. So doesn't this mean that 
Congress and HUD should look to take transportation access into 
account when designing affordable housing policy?
    Ms. Todman. You know, Senator, transit-oriented development 
has been something that has been top of mind for many people in 
the industry, and I know for the staff at HUD, as well. So, I 
certainly commit to you to take a look at HUD's programs, 
ensure that topics like transit-oriented development is taken 
into consideration. I agree with you. I listened to Ms. 
Fernandez' testimony. There are far too many people, including 
lower-income families, who have the greatest transportation 
burden, and so we want to make sure that we can bring to bear 
HUD's resources to alleviate that.
    Senator Menendez. I appreciate hearing that answer, because 
that is why I am introducing the Livable Communities Act, which 
would create a grant program to incentivize the coordinated 
development of affordable housing and transit so that we can 
expand access to better economic opportunities, and upon your 
confirmation I look forward to working with you.
    Finally, as part of the American Rescue Plan, my provision 
providing $100 million for housing counseling was included. I 
appreciate the Chairman's help in that regard. How can HUD best 
utilize housing counseling programs to ensure that homeowners 
and renters can stay in their homes, and how do we ensure that 
the 40 percent of counseling funds set aside for low-income and 
minority communities are distributed to counselors that serve 
those at-risk families in a timely manner?
    Ms. Todman. Thank you, Senator. Counseling is very critical 
to ensuring that families are making smart decisions for 
themselves. I believe that those funds were directed to an 
entity outside of HUD. So, what I can commit to you is making 
sure that HUD is doing its part in informing families about 
access to those funds and doing everything we can with our 
housing programs to make sure families are making smart 
decisions.
    Senator Menendez. Well, thank you. I look forward to 
supporting both of you. Thank you, Mr. Chairman.
    Chairman Brown. Thank you, Senator Menendez. Senator Tester 
from Montana is recognized.
    Senator Tester. Thank you, Mr. Chairman, and I want to 
thank Senator Toomey also, and I want to thank the two 
witnesses that are here today.
    As I listened to the opening statements by both the 
Chairman and the Ranking Member, there is a lot we would agree 
on, certainly some things we do not agree on. But I think there 
is one thing for certain, whether you come from a rural State 
like Montana or you come from more urban areas in this 
country--affordable, accessible housing is an incredible 
challenge. And I think it is a challenge that, quite frankly, 
is having economic detriment to this country.
    I can tell you there are communities that cannot recruit 
new businesses because there is no place for the folks to live. 
There are businesses that cannot expand because there is no 
place for folks to live. And this is not only in places where 
there are millions of people that live, but also in places 
where there are just a few thousand people that live.
    And so this is a huge issue, and I know that the President 
is trying to address this through his infrastructure bill, and 
I agree, I believe housing is infrastructure. I think the 
challenge is how do we get it built, how do we maximize those 
tax dollars so that we get the largest number of affordable 
houses, workforce housing houses, however you want to put it, 
built in this Nation, whether it is in a rural State like 
Montana or rural areas of this country, or whether it is in 
more urban areas.
    And so, Ms. Todman, I would like to get your opinion on 
that. How would HUD like to have these dollars directed? I will 
just tell you, I personally do not think it is the smartest 
thing in the world for us just to build housing as the Federal 
Government. I think how we get the most houses built is by 
leveraging dollars with private sector entities, whether that 
is through buying down loans, or through the tax code, or 
whatever.
    I am interested to know what your vision is, though, about 
how best we can get housing built. And, by the way, if you 
disagree with me, that is fine. I am still going to vote for 
you, OK? So just tell me what your vision is.
    Ms. Todman. Thank you for that question, Senator. I have 
had the great privilege of visiting your State during my tenure 
as the NAHRO CEO, so I understand the deep concerns that are 
there about rural housing.
    You know, HUD has many tools in its toolkit, particularly 
the HOME program, that can be leveraged in ways to also 
incorporate private sector funding, as you discussed.
    So what I commit to do is perhaps visiting Montana again 
and hearing more from the individuals there in the rural parts 
of your State about the hardships they are facing, and maybe 
hardships that they are facing applying HUD programs. And so, I 
commit to you to learn more and to expand that education into 
action.
    Senator Tester. Well, you are certainly invited to Montana. 
I look forward to it. Your predecessor actually did come out 
and visited Indian country. I know Senator Rounds has already 
touched on Indian country. Indian country housing is just 
significantly more of a challenge, and, quite frankly, it 
should not be, but it is for a number of reasons.
    And as long as I am on the issue, and we will talk about 
veterans too, since I chair that Committee, what are your plans 
as far as making resources available to veterans, to Native 
Americans, both in remote areas and in urban areas?
    Ms. Todman. Senator, you will be pleased to know that I 
have vast experience in HUD's veterans' program. Their 
partnership with Veterans Affairs is priceless. I know that the 
Secretary and the Secretary of Veterans Affairs very recently 
reaffirmed their commitment to ensure that veterans who are 
homeless are able to be assisted through the VASH program. And 
so, you have my commitment to make sure that the VA medical 
centers and the housing agencies in your State are aware of the 
best practices to use that program.
    And I am also aware that there has been some expansion, or 
talk of expansion anyway, of having Native American communities 
have access to VASH as well. So, you have my commitment on this 
issue, sir.
    Senator Tester. Last and not least, senior housing. It is a 
huge problem. We have got people who have spent their lifetime 
building this Nation that now oftentimes have no places livable 
to live. What are your thoughts on senior housing?
    Ms. Todman. Senator, the Section 202 program at HUD is a 
very critical one to aiding the expansion of senior housing, 
and I have had the great pleasure of building senior housing 
myself, with partners. So, you have my commitment on that 
point. You know, we are facing a silver tsunami, as you will, 
and so I know that this is a growing constituency of 
individuals who need access, not just to housing but to housing 
that has appropriate universal features so that they live with 
dignity.
    Senator Tester. I appreciate that. You know, as we talk 
about that infrastructure bill I would tell you that hopefully 
you will get confirmed and confirmed quickly, so that we can 
utilize your knowledge in this development. So thank you. Thank 
you, Mr. Chairman.
    Chairman Brown. Thank you. Silver tsunami--I must admit I 
had never heard that term, so thank you.
    Senator Moran from Kansas is recognized.
    Senator Moran. Chairman Brown from Ohio, thank you for the 
recognition. It is a pleasure to be with you. I want to raise a 
couple of questions with Nuria Fernandez. Good morning.
    Ms. Fernandez. Good morning.
    Senator Moran. First of all, I want to highlight efforts 
that we have made over a long period of time to make sure that 
there is an understanding about the importance of transit in 
rural America. I think too often it is stereotyped as something 
that is urban or suburban, and the needs of rural citizens are 
significant in trying to get to the grocery store, to get to 
the doctor, to see family, and the distances are significant 
and in create significant handicaps. In many instances, we are 
different in the way that we approach transit, but huge 
important.
    But I want to focus on one topic related to transit, and it 
is the comparison between electric vehicles and natural gas or 
renewable natural gas vehicles. Electric buses can cost up to 
twice as much as renewable natural gas buses. Infrastructure 
costs, it is an additional $250,000 per electric bus for 
charging infrastructure, and batteries are not made generally 
in the United States, and involve rare minerals that are often 
located in places that are challenging and politically 
unstable.
    So I am trying to see if there is an opportunity for a more 
balanced approach between electric vehicles and renewable 
natural gas vehicles in the program. There is the Low and No 
Emissions bus program, which was created to accelerate the 
movement away from fleets using diesel and gasoline, but it is 
my understanding that no grant has ever been given to a non-
electric vehicle. And the result of that, I think, is that 
without this cost-benefit analysis, we have transit authorities 
that are unable to move toward electric, and yet are not moving 
toward renewable natural gas.
    So I think the outcome of that is that we are using 
costlier buses, perhaps with zero emissions, but no movement 
toward less-costly and more practical buses that have very low 
emissions. And so what I was interested in hearing, if you want 
to dispute my premise or describe to me your theory on how this 
program could or should be administered in your tenure at the 
Federal Transit Authority. Is there not room, and is there not 
value to low-emission buses using renewable natural gas, often 
generated from farm waste and other natural kind of 
circumstances, or is this a no-emission, electric-bus-only 
administration?
    Ms. Fernandez. Senator, thank you very much for your 
question. I share your concern that there is a need for a 
transition into a technology that reduces greenhouse gases. The 
Federal Transit Administration, over the course of the past few 
years, through the Low or No Emission grant program, has made 
opportunities available for transit systems to apply for grants 
that can demonstrate that the projects that they are pursuing, 
and applying their technology to their fleets, are going to 
provide the least amount of damage to the environment.
    If confirmed, I commit to working with you to identify 
further opportunities around the type of technologies that can 
ensure the Biden-Harris administration's drive to reduce 
greenhouse gases, improve our climate, and combat the change 
that is affecting all life on Earth, can be achieved.
    Senator Moran. Ms. Fernandez, I welcome that, and would 
welcome a conversation with you whenever you are available to 
further discuss this topic. My encouragement would be that 
there be a cost-benefit analysis that helps determine where 
priorities should lie. And I know that a number of major 
transit authorities in the country are moving to purchase 
renewable natural gas buses. And again, I would be happy to 
hear further from you. Thank you for the opportunity to raise 
this topic with you this morning.
    Ms. Fernandez. I look forward to that conversation, 
Senator, if confirmed. Thank you.
    Chairman Brown. Thank you, Senator Moran. Senator Cortez 
Masto from Nevada is recognized.
    Senator Cortez Masto. Mr. Chairman, thank you. Thank you to 
the Ranking Member as well. Congratulations on your 
nominations.
    Ms. Fernandez, let me start with you. In 2018, the Regional 
Transportation Commission of Washoe County completed their 4th 
Street/Prater Way Bus Rapid Transit project ahead of schedule 
and under budget. And then in March of this year, they also 
completed the Virginia Street Bus Rapid Transit Extension 
Project early and under budget. My colleagues and I from Nevada 
have written to you, urging the approval of RTC's request to 
utilize its project cost savings to further enhance these two 
projects, for bus enhancements at the downtown Reno 4th Street 
station, and additional bus lanes and accessible sidewalks in 
the Virginia Street project corridor.
    Can you please speak to your position on allowing local 
agencies like the Regional Transportation Commission in 
northern Nevada, to utilize their leftover funding on other 
aspects of their projects?
    Ms. Fernandez. Senator, it is always great news when 
projects are delivered within the agreed upon schedule and 
under budget, and I will take this opportunity to applaud the 
successful completion of the two Reno Bus Rapid Transit 
projects. I know that they have already retained their share of 
the cost savings, and if confirmed, I will commit to carefully 
considering such requests from the project sponsors.
    Senator Cortez Masto. Wonderful. That is great news. Thank 
you, and I hope you consider them in a favorable way. That 
benefits continued improvements in northern Nevada.
    Let me move on. Transit remains a critical tool to address 
climate change and serve the workforce, and there is a need for 
flexibility and creativity in how we provide that. I introduced 
the bipartisan Moving First Act, to create more smart 
communities, as well as the Better Plan Act, to enhance 
coordination between metropolitan planning organizations, local 
land use agencies, and housing stakeholders to align 
transportation plans with local housing goals and employment 
centers.
    In your view, Ms. Fernandez, what other ways can the FAST 
Act reauthorization be shaped to bring higher-density housing, 
particularly for the workforce, into existing transit corridors 
to increase ridership and lower housing costs?
    Ms. Fernandez. Senator, as you know, colocating affordable 
housing in corridors where there is existing transportation 
investments not only removes the burden of cost of travel and 
housing for individuals with low income, but it also provides 
access to better opportunities, having that connection.
    The Department is currently reinvigorating a partnership 
with the U.S. Department of Housing and Urban Development, to 
identify ways where we could provide affordable housing choices 
near high-quality transit. If confirmed, I look forward to 
continuing that collaboration and building a stronger 
partnership with HUD, so that we can ensure that transit, 
public transportation and affordable housing are integrated.
    Senator Cortez Masto. Thank you, and I look forward to that 
partnership as well.
    Ms. Todman, let me address an issue that has not come up 
yet, which is youth homelessness. Nevada is third in the Nation 
for the total number of unaccompanied youth experiencing 
homelessness, and the highest rate of unsheltered, 
unaccompanied homeless youth. With the help of HUD dollars, 
centers like the Shannon West Homeless Youth Center in Las 
Vegas and the Cares Complex in Washoe County have given young 
Nevadans at risk of homelessness a place to stay and receive 
wraparound services to help them succeed.
    If confirmed, what measures can HUD take, in both the short 
term and long term, to address youth homelessness?
    Ms. Todman. Thank you for that question, Senator, and I 
truly share your concern about youth homelessness. You know, 
some of our youth that are homeless today became homeless as a 
result of aging out of the foster care system, and I was very 
pleased to see HUD, over the past several years, improved 
access to the voucher program for those young individuals.
    I commit to you to continuing to be very steadfast on this 
issue. No youth in this country should experience homelessness: 
we just need to find ways to address their situation. And I 
commit to you to learning more about what is causing youth 
homelessness in your State and see where HUD's tools can 
address it.
    Senator Cortez Masto. Thank you. Thank you again, both of 
you, and congratulations.
    Ms. Todman. Thank you.
    Chairman Brown. Thanks, Senator Cortez Masto. Senator Van 
Hollen from Maryland is recognized.
    Senator Van Hollen. Thank you, Mr. Chairman, and 
congratulations to both of you on your nominations, and thank 
you for your willingness to serve, if confirmed.
    Ms. Todman, if I could start with a housing question. I 
support President Biden's American Jobs Plan, and I support the 
need to expand housing on the supply side. But I do not think 
that should come at the expense of expanding access to 
affordable housing through vouchers.
    And, Mr. Chairman, I would like to put in the record a 
recent report from the Center on Budget and Policy Priorities 
entitled ``More Housing Vouchers: Most Important Step to Help 
More People Afford Stable Homes''.
    Chairman Brown. Without objection, so ordered.
    Senator Van Hollen. So, Ms. Todman, last Congress Senator 
Todd Young and I introduced and passed bipartisan legislation 
to establish a pilot program for housing choice voucher 
mobility demonstration. And we got it funded, and all the 
evidence from around the country indicates that providing 
families with the opportunity to get a voucher to move to 
higher areas of opportunity is an important way to help lift 
people out of poverty. And so we have introduced bipartisan 
legislation to establish 500,000 family stability and 
opportunity vouchers, and I just want to get your thoughts on 
how you see these kind of vouchers as being a very important 
tool, as part of the American Jobs Act, to increase affordable 
housing.
    Ms. Todman. Senator, thank you for your interest in the 
voucher program and certainly on mobility issues. The voucher 
program is a really important program, for so many reasons, and 
not just enhancing housing security but also to address some of 
the points that you have raised: making sure that families have 
access to good schools and strong community amenities, by using 
their voucher to move to other neighborhoods.
    I know that HUD, I think very recently, perhaps as recently 
as last week, did announce the first round of mobility grants 
to housing agencies across the country, and if I am confirmed 
as Deputy Secretary, I commit to you that I will continue the 
work that HUD is doing, but also learn ways that we can expand 
access to mobility options. And some of that is acheived by 
using the existing voucher program and providing technical 
assistance on how vouchers can be used for mobility efforts.
    So, I agree with you, vouchers are really critical in the 
housing ecosystem, and I commit to working with you.
    Senator Van Hollen. I appreciate that, and I do think we 
need to take a quantum jump forward when it comes to the 
housing affordability vouchers, and especially those with the 
wraparound services for families and the mobility component.
    Ms. Fernandez, let me just ask you a couple of questions on 
the transit fund, which obviously is essential to getting 
people to and from work. One of the things we have also 
experienced, both before COVID and after COVID, have been 
increased assaults on some transit drivers. So I introduced 
legislation last year, and I am planning on reintroducing it, 
to address that issue, and just looking for your commitment to 
work with us to address the issue of driver safety when it 
comes to transit.
    Ms. Fernandez. Senator, thank you for that very important 
question. The safety of transit workforce is an issue that has 
remained front and center since I rejoined the Federal Transit 
Administration. Frontline workers are public servants that are 
doing a public service.
    In the year of the pandemic there have been several steps 
that the Federal Transit Administration has taken as a result 
of the CDC and TSA orders requiring masks. This mask 
requirement will ensure that not only the passengers but the 
operators remain safe. We have also made available a training 
series on operator assault and de-escalation because we 
anticipated that with the mask requirement there may be an 
increase in the number of riders challenging operators, and we 
want to make sure that the frontline workers are safe.
    I think that as a Nation, as we evolve from this pandemic, 
the emphasis on ensuring that those who are doing so much good 
for the movement of public transportation--that is, the 
frontline workers--are safe, are protected, and that we 
continue to provide all resources necessary to ensure their 
safety.
    Senator Van Hollen. Thank you, and I will submit for the 
record my next question, but just to the Chairman and Ranking 
Member, I do want to pursue the reality that right now the 
Federal share for highways to States is much more generous than 
the Federal share for transit programs. But in areas like 
Baltimore city, where much of our road system has been built 
out, we need to modernize it. But that unfair match, comparing 
highways to transit systems, is something I hope we will 
address. Thank you.
    Chairman Brown. Thank you, Senator Van Hollen. Note taken 
of that.
    Senator Smith from Minnesota is recognized.
    Senator Smith. Thank you, Chair Brown and Ranking Member 
Toomey, and thank you also to our panelists today, Ms. Todman 
and Ms. Fernandez. I am so grateful to have had the chance to 
visit with you earlier and also so grateful for your 
willingness to serve our country. And I look forward to getting 
you into these very important jobs as quickly as possible, 
because we have a lot of work to do.
    I also just want to note that my colleague, Senator Rounds, 
earlier was talking about the importance of supporting rural 
transit, and also the importance of addressing the crisis of 
housing on Tribal land. And I want to just associate myself 
with his comments, and I look forward to working with both of 
you and Senator Rounds on the Housing Subcommittee on those 
really important issues, to both of our States and to really 
the whole country.
    Ms. Fernandez, I would like to talk with you a little bit, 
follow-ups on a discussion that you and I had when we spoke, 
having to do with the role of public transportation in a COVID 
world, now that COVID has changed so much of what we used to 
think of as normal commuting patterns. You know, I believe that 
public transit is absolutely essential to making Americans' 
lives work, and it is interesting, I think, how, with COVID, it 
has had an impact on what we have called the ``rush hour.''
    You know, the rush hour used to be, we think of transit as 
serving people, commuters, moving to and fro from work at the 
beginning and the end of the day. But, of course, COVID has 
showed us how essential transit is to essential workers who 
might not keep regular 9-to-5 hours, and how essential it can 
be to people who maybe are working at home and rely on transit 
to run errands or get to health care, get to school, so many 
other kind of not regular 9-to-5 work-related issues.
    So I want to just ask you to talk a little bit about this 
issue. How do you think--and let me just also say this is, of 
course, an issue in suburbs and cities, but it is also an issue 
in small towns and rural places all over the country, as you 
and I discussed. So could you just talk a little bit about how 
you think transit, our thinking about transit needs to evolve 
in a world that has been shaped by COVID?
    Ms. Fernandez. Thank you very much for your question, 
Senator. As you know, the Administration is committed to 
building and maintaining a public transportation system that 
meets the essential mobility needs of the Nation's communities, 
whether it is large, medium, or small. And the COVID pandemic 
has really taught us that even when the office workforce is 
able to work from home, transit is going to still be vital, 
because there are so many more people who cannot do their work 
from home. There are so many people who are going to continue 
to need access to health care, to school, and to jobs, and that 
need runs the gamut across our Nation.
    I am also confident that we are going to build back better 
and stronger and make transit safe and convenient so that 
riders will return, and ridership will grow. If confirmed, I 
will ensure that the Federal Transit Administration continues 
to work toward aiding the transit industry's recovery from the 
COVID pandemic impacts, to ensure that we have a transit system 
that is responsive to this new normal, this new reality that we 
are going to be facing and recognizing that its vitality and 
its criticality is something that is always going to be 
necessary. Transit is that connection to opportunity that 
people really have depended on.
    Senator Smith. Thank you very much. I really appreciate 
your comments, and I also appreciate your operating experience, 
which I think will bring exactly the right kind of attitude, 
implementation attitude to your role. So I think you clearly 
understand that transit is about connecting people to 
opportunity and access, not only to jobs but also to school, to 
health care, to groceries, to healthy food, to all of the 
things that they need to make our lives work. So thank you so 
much.
    And I look forward to having you join me in Minnesota once 
you are confirmed, so that we can talk more about these issues, 
and maybe touch on some of these issues around rural transit 
that I know are so important.
    Mr. Chair, I just have a couple of seconds left. I want to 
quickly turn to Ms. Todman and just say you and I also spoke 
about my worries about what will happen when we see these 
eviction moratoria expanding and the intense pressure that this 
is going to put on renters. And in just a few minutes, could 
you talk a little bit about the importance of the Emergency 
Rental Assistance Program and what we need to do to protect 
Americans who are facing a potentially very steep cliff.
    Ms. Todman. Absolutely. I think the Emergency Rental 
Assistance Program is critical to making sure that people are 
able to stay in their homes. I know that the Treasury 
Department, just last week, released the second round of 
funding, which is promising, and I am hopeful that States and 
localities are able to get those funds into the hands of 
families and landlords as quickly as possible.
    Senator Smith. Thank you. I look forward to working with 
you on that very closely. Thank you, Mr. Chair.
    Chairman Brown. Thank you, Senator Smith. Senator Warnock 
from Georgia is recognized.
    Senator Warnock. Thank you so very much, Mr. Chairman. In 
recent years, I have seen enthusiasm for expanded public 
transportation options and service in the Atlanta region and 
across Georgia. This year, for the very first time, the Georgia 
State Legislature included a direct appropriation for Atlanta's 
transit system, MARTA. It was not a lot of money but it was an 
important symbolic step. And last year, State lawmakers also 
provided a dedicated funding stream for public transportation 
that is expected to generate $40 million annual for transit 
projects. In a State like Georgia, this is a big win for 
communities. It is a big win for the environment and for 
equity.
    Ms. Fernandez, the Capital Investment Grant Program is the 
main source, as you know, of Federal funding for transit 
construction and expansion. It was a critical tool for 
expanding public transportation networks. If confirmed, how 
would you ensure this program better serves regions that have 
not historically prioritized big public transportation 
investments?
    Ms. Fernandez. Thank you for your question, Senator. The 
Capital Investment Grant Program is a program that does just 
that: it extends existing routes and also adds new service to 
areas that are either currently underserved or areas that do 
not have easy access to public transit.
    If confirmed, I look forward to working with you to better 
understand some of the opportunities that the Atlanta area is 
pursuing, but also to ensure that through the American Jobs 
Plan that the President has proposed there is going to be 
additional funding, $85 billion in funding, to address the 
state of good repair in addition to modernizing transit systems 
and expanding into areas that are not currently being served.
    Senator Warnock. Thank you. In addition to funding, are 
there updates to the Capital Investment Grant Program that we 
should consider that could help more cities and regions expand 
the reach of their public transportation networks, changes such 
as providing more flexibility for the types of projects that 
can enter the CIG pipeline?
    Ms. Fernandez. Senator, the Federal Transit Administration 
provides technical assistance to all grant recipients, and 
there is opportunity for communities that are interested in 
applying for a capital investment grant to work with the 
Federal Transit Administration and for our regional offices to 
be in contact with those community and project sponsors. I 
would highlight the number of areas that are available to them 
for consideration.
    Senator Warnock. Thank you. So if confirmed, will you 
commit to work with me to ensure that this program works as 
well for Georgia projects like topping I-285 bus rapid transit, 
and the Clifton Corridor as it does, say, in California?
    Ms. Fernandez. Yes, absolutely, Senator.
    Senator Warnock. Thank you so much. If confirmed, I look 
forward to working with you on these and other projects.
    I want to turn now to Ms. Todman. Let's see, I have got 
about a minute-and-a-half left. I have long been an advocate 
for safe and secure public housing. I actually grew up in 
public housing. I know the role that it plays, personally, in 
providing a stable living environment for low-income 
communities. Housing is so important. It provides the stability 
for a whole range, for the education of children, following 
health care protocols, et cetera. So I want to do everything I 
can to expand safer public housing options so that we are doing 
our part.
    Sadly, under the previous leadership, the Department of 
Housing and Urban Development, HUD, made it clear that it 
wanted to eliminate public housing by proposing deep cuts to 
communities that are home to millions of working families. So I 
am hopeful that if confirmed you will work with Secretary Fudge 
to improve, modernize, and expand public housing.
    Ms. Todman, if confirmed, what is your plan of preserving, 
improving, and modernizing public housing, and will you commit 
to expanding more public housing options for marginalized 
communities?
    Ms. Todman. You know, Senator, public housing is in my 
heart. You probably know that I ran a large housing authority 
and was responsible for a number of units of public housing, 
and it is so important that the young people who live in public 
housing can see themselves living safely and growing up to be a 
Senator just like you, sir.
    So, you have my commitment to bring all of the tools that 
HUD has together to ensure that our children who live in public 
housing have quality homes. And, you have my commitment to 
explore other opportunities to expand low-income affordable 
housing, not just in Georgia but across the country.
    Senator Warnock. And so you believe that housing is 
infrastructure?
    Ms. Todman. Housing is infrastructure, sir.
    Senator Warnock. Thank you so much, and I look forward to 
working with you.
    Chairman Brown. Thank you, Senator Warnock. Is Senator 
Sinema--I see her name. Is she asking questions?
    Senator Sinema. I am, sir.
    Chairman Brown. OK. Senator Sinema, you are recognized, 
from Arizona.
    Senator Sinema. Well, thank you, Mr. Chairman, and thank 
you to our witnesses for being here today.
    Ms. Fernandez, good morning. I have two questions for you. 
My first question is about the small transit-intensive cities, 
or STIC program. The STIC program is a successful FTA program 
that rewards high transit performance by providing funds to 
small, urban transit providers. The populations of these 
communities are between 50,000 and 200,000, and the resources 
are based on meeting at least one of six measurable performance 
criteria.
    The STIC program is important to a number of cities in 
Arizona, including Flagstaff and their Mountain Line transit 
system that regularly surpasses all of the performance 
criteria. I have been working on a bill with Senator Moran to 
further improve the STIC program and incentivize high transit 
performance. What are your thoughts about the STIC program and 
efforts to further strengthen the program?
    Ms. Fernandez. Senator, thank you so much for highlighting 
a very important program. I believe that all programs that the 
Federal Transit Administration provides funding for that can 
help with mobility, can help with connectivity, getting people 
to where they need to go from where they are, are significant 
to the continued development and growth of our economy. It is a 
very important program. If confirmed, I do intend to work with 
the Federal Transit Administration staff so that we can 
identify opportunities and coordinate with transit agencies 
that apply for funding through this program.
    Senator Sinema. Well, thank you. My second question is 
about the Tribal Transit Program. Last year, the Yavapai-Apache 
Nation in Arizona received FTA grant funding to expand transit 
service to help Tribal residents access jobs, health care, and 
essential services. Grants like these can make a real 
difference in Tribal communities, which are some of the most 
transit-challenged in the Nation.
    So I have introduced a bipartisan bill with Senator Thune, 
the Tribal Transportation Equity and Transparency Improvement 
Act, to address a number of areas of transportation improvement 
on Tribal lands. We also should be looking at opportunities to 
expand Tribal transit support through the FTA.
    Could you tell me, what are your plans to improve transit 
options on Tribal lands?
    Ms. Fernandez. Senator, the FTA programs that support 
Tribal nations are some of our most important programs. We 
recognize the challenges that Tribal reservations experience 
such as the distances that they have to travel to get to 
essential services. Clearly the opportunities to not only stay 
engaged with the Tribal nations, but work with them to identify 
options to their on-demand services, possibly expand their 
regional transportation systems. Those will be front and center 
as we talk about the importance of connecting Tribal nations, 
and rural communities, to essential needs and services, as you 
mentioned, grocery shopping, health care, which is one of the 
principal requests that we have seen in high demand through the 
on-demand services, is connection to health care.
    Senator Sinema. Thank you. Thank you very much. Mr. 
Chairman, that is all I have for now, so I yield back. Thank 
you.
    Chairman Brown. Thank you, Senator Sinema. Thank you all 
for testifying. Thank you both for testifying. Thanks to my 
colleagues for joining us. I ask for consent of the Committee 
to enter letters of support received by the Committee for 
nominees into today's hearing record. Hearing no objection, so 
ordered.
    I would like to echo a couple of comments and then we will 
close. I would like to echo Senator Tester's concern about the 
importance of addressing the housing and transit needs of 
seniors. I will have a question for the record that I will send 
to each of you in the next few minutes.
    For Senators who wish to submit questions to the record, 
those questions are due by the close of business this Friday, 
May 14th. For our nominees, please submit your responses to 
questions for the record by noon on Monday, May 17th. Once you 
are in these jobs we will not require the turnaround to be 
quite that fast, but we obviously want to move on your 
nominations.
    So thank you again, to both of you, and to Senator Toomey, 
thank you, and with that the hearing is adjourned. Thank you.
    [Whereupon, at 11:28 a.m., the hearing was adjourned.]
    [Prepared statements, biographical sketches of nominees, 
responses to written questions, and additional material 
supplied for the record follow:]
              PREPARED STATEMENT OF CHAIRMAN SHERROD BROWN
    Today we'll consider the nominations of two distinguished public 
servants: Adrianne Todman to serve as Deputy Secretary of the 
Department of Housing and Urban Development, and Nuria Fernandez to 
serve as Administrator of the Federal Transit Administration.
    Thank you for your desire to continue to serve the public.
    Our Government works best when it reflects the country. For the 
second time since the start of the Biden-Harris administration, our 
Committee will consider two qualified women of color for senior 
positions.
    If confirmed, Ms. Fernandez will be the first woman of color to 
serve as FTA Administrator, and Ms. Todman will be the first Black 
woman to serve as Deputy Secretary of HUD.
    Now we have a once in-a-generation opportunity to rebuild our 
country's infrastructure.
    The investments that HUD and FTA can make have the potential to 
rebuild and bring down the cost of housing and transportation for 
workers and their families. And these investments will create jobs and 
grow local economies in neighborhoods and communities that Wall Street 
and Washington have left on their own for too long.
    At previous hearings, this Committee has heard about parents and 
their children being evicted from their homes in Columbus in the middle 
of a pandemic. We heard about a restaurant worker in Cincinnati who had 
to spend her entire day's paycheck on an Uber to get to work, because 
the bus didn't run that route on Sundays.
    These stories aren't unique to Ohio.
    Millions of people pay too much for housing. So many of our houses 
and apartment buildings are in desperate need of repair.
    Too many Americans had to turn down a job because there is no 
affordable way to get to work, or had to miss a doctor's appointment 
because their car broke down and no bus was running nearby.
    And we know who is most likely to lose out on opportunities because 
of our outdated infrastructure--it's the same Black and Brown 
communities that have been denied investment over and over.
    Time and time again, Federal policies have left them to fend for 
themselves, instead of offering the pathways to wealth and opportunity.
    Today's nominees understand the challenges we face. And they're 
obviously ready.
    Adrianne Todman led the National Association of Housing and 
Redevelopment Officials, where she worked with housing and community 
development leaders across the country. She has also run Washington, 
DC's, public housing agency and has experience implementing national 
policy from her prior work at HUD. Her experience running these large, 
public-sector organizations will serve her well as Deputy Secretary of 
HUD.
    Nuria Fernandez is one of the most experienced and qualified 
nominees to lead the FTA ever. In fact, she has already served the 
agency as its Deputy Administrator and Acting Administrator during the 
Clinton administration.
    Before rejoining FTA this year, Ms. Fernandez ran the Santa Clara 
Valley Transportation Authority. She is an industry expert at 
delivering complex, high-profile infrastructure projects, and like all 
of the witnesses we bring in front of this Committee, she understands 
the dignity of work. High quality transit wouldn't be possible without 
its workers. She has dedicated significant time during her career to 
ensuring that transit workers have the training they need to safely and 
efficiently do their work, serving the public.
    Whether you are in our urban communities, rural communities, or in 
Indian Country, HUD and FTA have critical roles in helping us make 
equitable and sustainable infrastructure investments so we can build 
thriving communities.
    I look forward to hearing from both Ms. Fernandez and Ms. Todman 
today, and moving their nominations through this Committee quickly, so 
they can get to work serving the American people.
                                 ______
                                 
            PREPARED STATEMENT OF SENATOR PATRICK J. TOOMEY
    Mr. Chairman, thank you.
    Ms. Todman and Deputy Administrator Fernandez, welcome to you both.
    President Biden recently marked his first 100 days in office. It's 
a good occasion to review what he promised and what he has delivered. 
He promised to be a unifier who would work across the aisle. 
Unfortunately, what he has delivered is classic tax and spend 
liberalism.
    He has pushed wasteful spending plans to achieve liberal wish 
lists, and he has proposed raising taxes to pay for these plans, 
including increasing capital gains taxes and undoing the 2017 tax 
reforms that helped create the best economy of my lifetime.
    Ms. Todman and Deputy Administrator Fernandez have been nominated 
for leadership positions at two agencies--HUD and FTA--that play a 
central role in the Administration's tax and spend plans.
    Let's consider housing. After Congress just finished providing more 
than $80 billion for housing in response to COVID in 2020--on top of 
the $50 billion we annually spend on HUD programs alone, not to mention 
the billions we spend on other housing programs and the tens of 
billions more we forgo in tax revenues to subsidize housing--this March 
the Biden administration pushed through an additional $32 billion for 
housing purportedly in response to COVID.
    But the Democrats' March spending bill was not about providing 
COVID relief. We know this because it made funding available for years 
after the expected duration of the pandemic. For example, CBO estimates 
that none of the bill's $5 billion for HUD homelessness assistance will 
even be spent in 2021. That is not surprising since HUD has only spent 
a fraction of the money it was provided in the March 2020 CARES Act. In 
fact, as of this May, HUD has only spent 29 percent of those funds.
    Amazingly, the Biden administration is now proposing almost a 
quarter-of-a-trillion dollars more for housing in its so-called 
infrastructure bill, which is really a multitrillion-dollar welfare 
plan, with a bit of infrastructure sprinkled in. The Administration 
wants Congress to spend $40 billion to upgrade public housing 
projects--places where people do not want to live.
    Research shows that moving families out of housing projects and 
integrating them in communities deconcentrates poverty and decreases 
violent crime. But rather than focusing on sensible alternatives, the 
Biden administration wants to keep families in housing projects.
    The Biden administration is also imposing burdensome housing 
regulations that will stifle economic growth. For example, the 
Administration keeps extending a nationwide eviction moratorium that 
lacks both a legal basis and an economic justification. Just last week, 
a Federal judge ruled the moratorium is unlawful.
    There is clearly no economic justification for it since Congress 
allocated billions of dollars in rental assistance, stimulus checks, 
and unemployment benefits to ensure people could pay their bills. Small 
landlords are harmed by the eviction moratorium and its extension only 
drives up housing costs by restricting housing supply.
    Democrats have taken a similar approach to transit spending. After 
Congress just finished providing more than $40 billion for transit in 
response to COVID in 2020--on top of the $12 billion we annually spend 
on transit--this March the Biden administration and Congressional 
Democrats pushed through on a partisan basis an additional $30 billion 
for transit purportedly in response to COVID. That's a total of $82 
billion that Congress spent on transit over the course of one year.
    What is the annual cost of operating all of the transit agencies in 
the U.S. combined? In 2019, it was $54 billion.
    Democrats tried to justify this spending by saying that transit 
systems would collapse from declines in ridership and State and local 
government revenues. But ridership did not drop to zero and ridership 
has increased since the worst days of the pandemic last spring.
    These systems are by definition local. They serve a city or maybe a 
metropolitan area. Should the local jurisdictions and States where 
these systems reside have any responsibility to pay for these systems? 
Evidently not, according to my colleagues.
    The fact is, on the whole, State and local tax collections set a 
new record in 2020. Plus, in 2020, we sent more than $500 billion to 
States and local governments for COVID relief. And this March, the 
Democrat spending bill gave them another $350 billion.
    Now the Biden administration wants another $85 billion for transit 
as part of a wasteful, multitrillion-dollar welfare and infrastructure 
bill. Let us consider how excessive this is. If we pass the Biden bill, 
along with the FAST Act reauthorization, and combined it with the $82 
billion we provided over the last year, we could, based on 2019 Census 
data, buy every transit commuter in America a $30,000 car.
    Given the billions Democrats have spent and want to spend on 
housing and transit, I hope we will hear from today's nominees about 
how they plan to protect taxpayer dollars from waste and misuse.
    Both HUD and FTA have important missions. HUD serves many low-
income Americans. FTA supports public transportation services for 
Americans. We cannot just irresponsibly throw money at these agencies 
without oversight and reforms.
    As the Biden administration continues to consider an infrastructure 
package, it is my hope that it will keep its focus on actual 
infrastructure and not the welfare plan that's actually proposed.
                                 ______
                                 
                 PREPARED STATEMENT OF ADRIANNE TODMAN
  To Be Deputy Secretary, Department of Housing and Urban Development
                              May 11, 2021
    Chairman Brown, Ranking Member Toomey, and Members of the 
Committee, I am deeply honored and humbled to appear before you today 
as the nominee for Deputy Secretary of Housing and Urban Development.
    I want to begin by thanking President Biden for the confidence and 
trust he has placed in me with my nomination for this position.
    I would also like to thank my family for their unwavering support, 
patience, and love not just over the past several weeks, but always.
    I have lived in Washington, DC, for some years, and one of my 
favorite experiences is the sight of an enthusiastic group of students 
visiting the Nation's capital for the first time. Their joy and awe 
remind me of my very first trip to this city as a teenager several 
decades ago as part of a weeklong education program on the Federal 
Government. I traveled here from the U.S. Virgin Islands--where I was 
born and raised--and I recall returning home inspired. That inspiration 
and my belief in the power of public service led me back to Washington, 
DC, after college. I spent the early years of my career working in the 
office of Congressman Ron de Lugo, the delegate from the Virgin 
Islands, on matters important to families who lived there.
    After my tenure on the Hill, I had the great fortune of joining the 
career staff in the Office of Public and Indian Housing at HUD. There, 
I helped stand up a new national program designed to revitalize 
distressed public housing units and provide self-sufficiency programs. 
Following that role, I became a policy aide in the Office of the 
Assistant Secretary for Public and Indian Housing and later served in 
the Office of the Secretary, where my experience with HUD programs 
broadened as I worked with leaders from each programmatic area.
    I also have years of experience as a local housing practitioner. 
During my tenure as Executive Director of the District of Columbia 
Housing Authority, I led efforts to preserve public housing units and 
expand youth-focused programs. I worked closely with private landlords 
to improve and streamline the tenant-based voucher program, and helped 
voucher-holders explore a variety of neighborhoods. I worked with 
homeless service providers and other organizations dedicated to serving 
vulnerable populations, such as young adults aging out of the foster 
care system, survivors of domestic abuse, and veterans experiencing 
homelessness. In addition, I worked with all stakeholders--from 
developers to lenders to community members--to build and manage new 
affordable housing units.
    While leadership is paramount, sound management is critical. During 
my tenure at both the District of Columbia Housing Authority and the 
National Association of Housing and Redevelopment Officials, I worked 
to strengthen our business systems, ensure sound financial management, 
and provide staff the resources needed to effectively do their jobs. As 
a leader and a manager, I emphasized each person's importance to our 
mission, no matter their role.
    My career in Government and the nonprofit sector has been dedicated 
to improving people's lives and strengthening communities through 
housing. I have spoken with people across the country--in urban, 
suburban, and rural communities alike--and they all want the same 
thing: a fair shot. A fair shot to provide for their families, to 
secure a safe and stable home, and to get ahead.
    Sadly, this is out of reach for far too many Americans, 
particularly people of color. Far too many among us have been denied 
access to resources and support to realize their aspirations and reach 
their full potential.
    The past 14 months of the COVID-19 pandemic have underscored the 
necessity of having a stable, affordable home, and demonstrated the 
interconnection between housing, health, and opportunity.
    We have a responsibility to confront housing insecurity and help 
ensure access to good homes. It is our responsibility to eliminate all 
forms of housing discrimination. And it is our responsibility to build 
our Nation's housing infrastructure in a way that expands equitable 
access to housing for all people.
    If confirmed, I will focus on immediate housing needs related to 
the pandemic and longer-term structural housing challenges to serve 
America's diverse communities in a way that is inclusive, equitable, 
and effective.
    If confirmed, I commit to working with the Secretary to ensure that 
HUD has the staff and tools it needs to administer and provide 
oversight over programs critical to supporting families and moving the 
country forward. My actions would be guided by my years of management 
and housing experience and by the invaluable expertise of the 
Department's career staff. HUD's staff works every day to meet the 
housing needs of families and individuals throughout the country. If 
confirmed, it would be my honor to once again serve alongside them in 
carrying out HUD's mission to create strong, sustainable, inclusive 
communities and quality affordable homes.
    Thank you for the opportunity to testify before you today. I look 
forward to your questions.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]



                 PREPARED STATEMENT OF NURIA FERNANDEZ
                  To Be Federal Transit Administrator
                              May 11, 2021
    Chairman Brown, Ranking Member Toomey, Members of the Committee, it 
is a privilege for me to appear before you today as you consider my 
nomination to be Administrator of the Federal Transit Administration.
    I am honored and humbled that President Biden and Secretary 
Buttigieg have entrusted me to serve in this role. Please allow me a 
moment to recognize someone special, my husband Dan Hall, a native of 
Cleveland, Ohio and a Glenville High School graduate, Class of '67.
    I was born and raised in Panama City, where I took transit buses 
daily, and came to the United States as a young woman to pursue my 
engineering degree. I appreciate the doors this country has opened for 
me. I chose a career in transit because of its ability to open a world 
of opportunities to everyone. Public transportation is the greatest 
equalizer: it allows people to get to jobs, schools and services, 
regardless of where they live, if they own a car or their ability to 
drive. Yet, to fully achieve that vision for everyone, we still have 
some miles to travel.
    If confirmed, I pledge first and foremost to uphold DOT and FTA's 
primary mission to improve the safety of public transportation systems. 
I will work with Secretary Buttigieg to achieve the Biden-Harris 
administration's goals of beating the COVID-19 pandemic; supporting our 
economy; providing a greener way to travel; and embracing diversity and 
inclusion as we strengthen transit's role in connecting people and 
places.
    I step into this role at a time unlike any other for public 
transportation. The COVID-19 pandemic has highlighted the importance of 
transportation. During the pandemic, Federal assistance ensured buses, 
trains, subways, and paratransit services continued helping people get 
to work, access testing and other medical appointments, and stay 
connected. As vaccines became available, transit agencies got creative, 
with the Port Authority of Allegheny County finding new ways to reach 
and help at-risk seniors, Mountain Line Transit in Missoula printing a 
route map showing how to access vaccination clinics by bus, and many 
rural systems offering dial-a-ride services to get folks to vaccination 
clinics far from home.
    Now, as President Biden's leadership has created the opportunity 
for more than 200 million shots in arms, our country is reopening. 
People are resuming daily life, and transit will return to its backbone 
role moving our country. Work and commuting schedules may look 
different, but the need for public transportation to serve our 
communities remains acute.
    The American Jobs Plan will provide a once-in-a-generation 
investment in infrastructure to make America more competitive and help 
create 19 million jobs, in part through revitalizing our transit 
systems. If confirmed, I plan to take this opportunity to work with 
Congress and our transit partners throughout the country to make our 
industry the best it can be as we emerge from this national emergency.
    My long career in the transit industry has prepared me for this 
moment. Over 35 years, I have worked at FTA, the Chicago Transit 
Authority, the Washington Metropolitan Area Transit Authority here in 
Washington, DC, New York State Metropolitan Transportation Authority in 
New York and, most recently, as General Manager of Santa Clara Valley 
Transportation Authority (VTA) in San Jose, California. At VTA, I led 
2,100 employees and a transit program serving more than two million 
people who live and work in Silicon Valley.
    Under my direction, VTA established an Innovation Center to 
collaborate with tech companies and universities to find new ways to 
improve mobility. We also set up a human trafficking awareness program 
for VTA staff that became a model for a State law requiring all 
California transit agencies to train frontline workers on how to 
recognize it and how to respond. I take pride in my fiscal management 
of VTA's transit program, including overseeing Federal grants for 
capital projects such as extending the Bay Area Rapid Transit's heavy 
rail, which will connect millions to San Francisco and beyond. For the 
past 2 years, I served as Chair of the American Public Transportation 
Association, which helped reinforce my relationships with transit 
leaders throughout the industry.
    If confirmed, I would apply all of those experiences to make sure 
FTA continues to adhere to its role ensuring safety, accountability, 
and stewardship of public funds. I look forward to welcoming new 
technology and building upon FTA's decades of delivering reliable and 
equitable transportation. And, of course, working with you to ensure 
our Nation's public transportation system serves everyone, whether they 
live in rural areas or our suburbs and cities.
    I would like to thank the Committee for the opportunity to appear 
before you today, and I welcome your questions.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]



        RESPONSES TO WRITTEN QUESTIONS OF CHAIRMAN BROWN
                      FROM ADRIANNE TODMAN

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


        RESPONSES TO WRITTEN QUESTIONS OF SENATOR TOOMEY
                      FROM ADRIANNE TODMAN

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


        RESPONSES TO WRITTEN QUESTIONS OF SENATOR CRAPO
                      FROM ADRIANNE TODMAN

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

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


        RESPONSES TO WRITTEN QUESTIONS OF SENATOR DAINES
                      FROM ADRIANNE TODMAN

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

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

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

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

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

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


        RESPONSES TO WRITTEN QUESTIONS OF CHAIRMAN BROWN
                      FROM NURIA FERNANDEZ

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


        RESPONSES TO WRITTEN QUESTIONS OF SENATOR TOOMEY
                      FROM NURIA FERNANDEZ

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


        RESPONSES TO WRITTEN QUESTIONS OF SENATOR CRAPO
                      FROM NURIA FERNANDEZ

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

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

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

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

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

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


        RESPONSES TO WRITTEN QUESTIONS OF SENATOR DAINES
                      FROM NURIA FERNANDEZ

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

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

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

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


               RESPONSES TO WRITTEN QUESTIONS OF
            SENATOR VAN HOLLEN FROM NURIA FERNANDEZ

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

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

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

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

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

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

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

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

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

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

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

A.6. Through the American Jobs Plan, the Biden-Harris 
administration is asking Congress to double Federal funding for 
transit and invest $85 billion to modernize existing transit 
and help agencies expand service to meet rider demand. If 
confirmed, I am committed to working with you and your 
colleagues to realize President Biden's vision for a 
transformational investment in American infrastructure.
              Additional Material Supplied for the Record
        LETTERS SUBMITTED IN SUPPORT OF NOMINEE ADRIANNE TODMAN
        
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        LETTERS SUBMITTED IN SUPPORT OF NOMINEE NURIA FERNANDEZ
        
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 MORE HOUSING VOUCHERS: MOST IMPORTANT STEP TO HELP MORE PEOPLE AFFORD 
          STABLE HOMES, CENTER ON BUDGET AND POLICY PRIORITIES
          
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