[Congressional Record Volume 163, Number 8 (Thursday, January 12, 2017)]
[House]
[Page H472]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

            By Mr. GOSAR:
        H.R. 482.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 18 affords Congress the power 
     to legislate on this matter. The executive branch, through 
     the Department of Housing and Urban Development (HUD), has 
     misinterpreted its authority under the Fair Housing Act of 
     1968, as demonstrated in its Affirmatively Furthering Fair 
     Housing Rule. Two cases before the United States Supreme 
     Court--Magner v. Gallagher and Mount Holly v. Mount Holly 
     Gardens Citizens in Action--were settled less than a month 
     before the Court entertained oral arguments. The plaintiffs 
     were concerned that their challenges would not be affirmed by 
     the Court. The Court is currently considering a case, Texas 
     Department of Housing and Community Affairs v. The Inclusive 
     Communities Project, which may set a precedent for the issue 
     of ``disparate impact.'' Regardless, Congress has the 
     legislative authority to address the Affirmatively Furthering 
     Fair Housing rule head on and prevent that rule, or any 
     substantially similar successor rule.
       Section 3 of this bill is authorized through clause 7 of 
     section 9 of article I of the Constitution of the United 
     States (the appropriation power), which states: ``No Money 
     shall be drawn from the Treasury, but in Consequence of 
     Appropriations made by Law . . .''
       Section 4 of the bill promotes a core component of our 
     republic known as federalism. It requires the executive 
     branch, through HUD, to consult with State and local 
     officials to further the purposes and policies of the Fair 
     Housing Act.