Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I rise today to offer a simple amendment that will save taxpayers money and prevent HUD from hiring outside counsel. This wasteful practice has been utilized by the agency in the…
Mr. Chairman, I have an amendment at the desk.
Mr. Chairman, I rise today to offer a simple amendment that will save taxpayers money and prevent HUD from hiring outside counsel. This wasteful practice has been utilized by the agency in the past to conceal questionable operations, stifle inspector general investigations, and limit overall transparency.
Mr. Chairman, a recent report commissioned by Inspector General David Montoya revealed that the Philadelphia Housing Authority paid more than $30 million for outside legal services from April 2007 through August 2010. That is nearly $10 million a year in outside legal fees for one public housing authority in this country.
The inspector general report stated:
Alarmingly, the Public Housing Authority could not
adequately support $4.5 million that it paid to outside
attorneys during that period, virtually the entire limited
amount we reviewed, raising questions about the propriety of
the remaining $26 million in payments that we did not review.
In addition, the Public Housing Authority made unreasonable
and unnecessary payments of $1.1 million to outside attorneys
to obstruct the progress of HUD Office of Inspector General
audits. The Public Housing Authority also allowed an apparent
conflict of interest situation to exist when it entered into
a contract with a law firm that employed the son of its board
chairman.
Mr. Chairman, all of this fraud and abuse was revealed by investigating one-fifth of the spending of one public housing authority during a 3-year period. There are more than 3,000 other public housing authorities throughout the country.
While not every public housing authority commits this type of abuse-- and to be fair, some are responsible stewards of the taxpayer dollar-- the bottom line is this is shameful and an unnecessary expenditure of taxpayer money. It is inexcusable and must not continue.
The bill we are discussing here today provides nearly $100 million for the sole purpose of funding HUD's Office of General Counsel.
As stated in the committee's report on the bill:
It is the responsibility of the Office of General Counsel
to provide legal opinions, advice, and services with respect
to all programs and activities, and to provide counsel and
assistance to the development of the Department's programs
and policies.
In addition to having their own counsel, HUD also has access to attorneys within the Department of Justice. There is no logical reason HUD should be spending millions of dollars a year on outside counsel. The inspector general agrees and has previously stated:
We have been concerned for some time about the extent to
which some to public housing authorities use outside legal
counsel.
I appreciate the inspector general for bringing forward this wasteful and fraudulent practice to the attention of Congress. I ask my colleagues to recognize the inspector general's recommendations and support this commonsense amendment.
I thank the chairman and ranking member for their continued work on the committee.
I yield back the balance of my time.
Would the gentleman understand that all grants under HUD go to public housing and, therefore, they are subject all under?
Mr. Chairman, I demand a recorded vote.
Mr. Chairman, I have an amendment at the desk.
Mr. Chairman, I rise today to offer an amendment intended to prevent yet another costly overreach by the Federal Government into the jurisdiction of local towns and communities.
HUD has proposed a new regulation, titled Affirmatively Furthering Fair Housing, which would grant the Department authority to dictate local zoning requirements in any community across the country that applies for a Community Development Block Grant.
According to reports, in 2012, this rule would have negatively impacted more than 1,200 municipalities throughout the country. A trial run of the rule already took place in New York. It failed miserably, and a local county was forced to reject $12 million in funds that would have benefited the community due to the impractical and unrealistic requirements associated with compliance.
The county had intended to use a large portion of the block grant funds to establish public housing for individuals in need. Clearly, this flawed proposal by HUD will increase local taxes, depress property values, and cause further harm to impoverished communities that are actually in need of these funds.
These new burdensome zoning rules being imposed by HUD bureaucrats on localities would be derived from tracked residential data based on citizens' race, sex, religion, and other federally protected demographics.
Multiple watchdog groups have raised serious and valid concerns about HUD's proposal. Americans for Limited Government President Nathan Mehrens wrote me in support of this amendment and stated:
We call on every Member of the House to support
Representative Gosar's amendment to defund HUD's scheme to
redraw zoning maps in any locality that accepts any part of
the $3.5 billion a year in Community Development Block Grants
from the Federal Government.
The utopian goal of creating evenly distributed
neighborhoods based on racial composition and income is bad
policy, and it is unconstitutional. HUD has no place in local
zoning decisions. Under federalism, that is left up to
States, counties, and municipalities to determine for
themselves.
At a time when the Supreme Court is roundly rejecting
racial quotas as unconstitutional, there is no place for
wasting taxpayer dollars on social engineering that will
never withstand judicial scrutiny.
Housing discrimination based on race has been illegal since
the 1960s, and people should be allowed to choose for
themselves where they live without D.C. bureaucrats
nationalizing zoning decisions for political reasons.
Representative Gosar deserves the thanks of all Americans
for his courage in taking on this backdoor attempt to
federalize our most basic living decisions.
Americans for Limited Government strongly supports Gosar's
amendment to defund racial quotas in local zoning decisions.
I sincerely appreciate the strong support of this respected watchdog group. I completely agree that this misguided proposal by HUD is a clear infringement by the Federal Government on municipalities. HUD is essentially creating a thinly veiled set of rules and regulations by which these communities must conform or face losing out on billions of dollars in grant money.
What has been so wrong with the process thus far? Are there a plethora of examples of discriminatory applications of these grants? Couldn't the Federal Government simply deny further moneys to those grantees proved to have engaged in discrimination?
American citizens and communities should be free to choose where they would like to live and not be subject to Federal neighborhood engineering at the behest of an overreaching central government.
Further, the Federal Government must not hold hostage what are traditionally grant moneys to improve communities based on its quixotic ideas of what it believes every community should resemble. Local zoning decisions have traditionally been and should always be made by local communities, not bureaucrats in Washington, D.C.
I ask my colleagues to support this commonsense amendment because it keeps the Federal Government from reorganizing communities to a fantastical standard.
I ask my colleagues to support this amendment because its aim is to treat municipalities and individual citizens as capable and intelligent rather than disenfranchised, divided, and coddled groups in need of protection from a problem that does not exist.
As always, I thank the chairman and ranking member for their continued work on the committee, and with that, I yield back the balance of my time.
Mr. Chair, I appreciate the gentleman's point and his advocacy for the Fair Housing Act.
As I mentioned, I abhor racial discrimination, but to my knowledge, there is no widespread examples of these block grants being used for discriminatory practices.
Has the Community Development Block Grant system thus far been such a failure to warrant this rule? My concerns are numerous, but I will outline the main two.
First and foremost, this is a major violation of federalism. The Federal Government has a long history of infringing upon states' rights and the Tenth Amendment. This rule seeks to go even further and puts the Federal Government down into the municipal planning process. This overreach is disturbing and unfortunately all too common in the Obama administration.
Second, it really opens up a Pandora's box of problems related to unconstitutional practices. The government is essentially using this rule as a thinly veiled attempt to implement some sort of social justice.
But this rule leaves a lot to interpretation, not only at the Federal level, but at the local level. It is not difficult to imagine lawsuits flying in both directions if this rule is finalized.
For instance, HUD is trying to lay out a framework by which it wishes to see these grant monies used to better integrate societies, a solution which seems to be in search of a problem. In doing so, HUD places a large burden on communities to write plans and grant applications which necessitate unconstitutional and prejudicial practices. Jim Crow is dead, and the free market and local policies have driven decisions such as community planning for years now.
How does a community make plans to enact these types of social justice without taking into consideration factors which we frown upon, factors such as racial demographics?
Let's move to the next step in the process, which is when the community is submitting their plan and an application to HUD for consideration. That is also incredibly difficult. For instance, one portion of the application which would simply be meant to appease HUD's quixotic standards of utopian society may open up the applicant municipality for lawsuits from the left and right.
Then HUD is charged with evaluating these applications to determine whether or not to award the grant. What exact criteria will HUD use to make these determinations? Might it be possible that HUD will deny grant monies to applicants based on HUD's opinion that the zoning plan did not do enough to integrate racial or religious clusters? The mere idea that HUD will be making such approvals or denials based even partially on these factors is counterintuitive and runs contrary to American values.
Imagine a denial letter from HUD on one of these applications. It will read one of two basic ways:
The first scenario is: Dear Community A, your block grant application has been denied because your plan did not integrate people of different races, ethnicities, or religions into one area. That would likely lead to an immediate lawsuit in which the court would uphold the municipality's case.
The second scenario would be a lengthy and wordy denial which is vague enough so that HUD does not open itself up to a lawsuit, but also so vague that the applicant will likely never know how to correctly plan and apply for one of these grants.
We see there are two separate and distinct avenues by which major lawsuits could fly and constitutional challenges arise. Both the Federal Government and the local government would be setting themselves up for failure.
If these issues arise and court challenges ensue, we have seen the recent patterns from the U.S. Supreme Court on issues of racial quotas and attempts at racial diversity. Again, the solution is looking for a problem. The mere notion that the Federal Government must step in and tamper with the most local of politics to integrate people of various races, economic statuses, ethnicities, and religious backgrounds is offensive to me and many of my constituents.
Mr. Chairman, I have one last amendment at the desk, 129.
Mr. Chair, I rise to offer an amendment to save taxpayers money, to protect the civil liberties and privacy of my constituents in accordance with the Fourth Amendment, and to champion efforts of local law enforcement and those advocacy groups which work hand-in-hand to curb citizens from driving under the influence.
My amendment is simple. It seeks to prohibit funds from being used to administer the National Highway Traffic Safety Administration's National Roadside Survey. This ``survey'' looks like and acts like a police checkpoint and uses uniformed officers to pull cars over.
I yield to the gentleman from Iowa.
Mr. Chair, I yield back the balance of my time.