I
104TH CONGRESS
1ST SESSION
H. R. 1098
To provide for the elimination of the Department of Housing and Urban
Development, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 1, 1995
Mr. HEFLEY (for himself, Mr. HERGER, and Mr. FIELDS of Texas) introduced
the following bill; which was referred to the Committee on Banking and
Financial Services and, in addition, to the Committee on the Judiciary,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of the
committee concerned
A BILL
To provide for the elimination of the Department of Housing
and Urban Development, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Department of Hous-
ing and Urban Development Elimination Act of 1995’’.
TITLE I—ELIMINATION OF DE-
PARTMENT OF HOUSING AND
URBAN DEVELOPMENT
SEC. 101. ELIMINATION OF DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT.
(a) ELIMINATION.—The Department of Housing and
Urban Development Act (42 U.S.C. 3531 et seq.) is here-
by repealed.
(b) EFFECTIVE DATE.—Subsection (a) shall take ef-
fect on January 1, 1998.
SEC. 102. DUTIES OF THE SECRETARY.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, prior to January 1, 1998, the Secretary of
Housing and Urban Development (hereafter in this title
referred to as the ‘‘Secretary’’) shall take such actions as
may be necessary to—
(1) consolidate the programs administered by
the Department of Housing and Urban Development
into a block grant program;
(2) convert all funding for public and assisted
housing under the United States Housing Act of
1937 to tenant-based rental assistance;
(3) convert the Federal Housing Administration
into a government-controlled corporation, which
would provide mortgage insurance only to low- and
achieved through the complete privatization of
the Federal Housing Administration.
SEC. 103. CONGRESSIONAL BUDGET OFFICE RECOMMENDA-
TIONS.
Not later than 180 days after the date of enactment
of this Act, the Director of the Congressional Budget Of-
fice shall submit to the Committee on Banking and Finan-
cial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of
the Senate a list of recommendations for minimizing the
cost of Federal housing and community development pro-
grams through the elimination of the Department of
Housing and Urban Development.
SEC. 104. GAO REPORT.
Not later than 180 days after the date of enactment
of this Act, the Comptroller General of the United States
shall submit to the Committee on Banking and Financial
Services of the House of Representatives and the Commit-
tee on Banking, Housing, and Urban Affairs of the Senate
a report which shall include recommendations for the most
efficient means of achieving—
(1) the complete elimination of the Department
of Housing and Urban Development; and
(2) the transfer of the functions of the Depart-
ment of Housing and Urban Development to other
existing or successor Federal or State agencies.
TITLE II—TRANSFER OF FUNC-
TIONS AND SAVINGS PROVI-
SIONS
SEC. 201. DEFINITIONS.
For purposes of this title, unless otherwise provided
or indicated by the context—
(1) the term ‘‘Federal agency’’ has the meaning
given to the term ‘‘agency’’ by section 551(1) of title
5, United States Code;
(2) the term ‘‘function’’ means any duty, obli-
gation, power, authority, responsibility, right, privi-
lege, activity, or program; and
(3) the term ‘‘office’’ includes any office, ad-
ministration, agency, institute, unit, organizational
entity, or component thereof.
SEC. 202. TRANSFER OF FUNCTIONS.
There are transferred to the Department of Justice
all functions which the Secretary of Housing and Urban
Development exercised before the date of the enactment
of this title (including all related functions of any officer
or employee of the Department of Housing and Urban De-
velopment) relating to the Fair Housing Act or the rights
granted under the Fair Housing Act.
SEC. 203. DETERMINATIONS OF CERTAIN FUNCTIONS BY
THE OFFICE OF MANAGEMENT AND BUDGET.
If necessary, the Office of Management and Budget
shall make any determination of the functions that are
transferred under section 202.
SEC. 204. PERSONNEL PROVISIONS.
(a) APPOINTMENTS.—The Attorney General may ap-
point and fix the compensation of such officers and em-
ployees, including investigators, attorneys, and adminis-
trative law judges, as may be necessary to carry out the
respective functions transferred under this title. Except as
otherwise provided by law, such officers and employees
shall be appointed in accordance with the civil service laws
and their compensation fixed in accordance with title 5,
United States Code.
(b) EXPERTS
AND CONSULTANTS.—The Attorney
General may obtain the services of experts and consultants
in accordance with section 3109 of title 5, United States
Code, and compensate such experts and consultants for
each day (including travel time) at rates not in excess of
the rate of pay for level IV of the Executive Schedule
under section 5315 of such title. The Attorney General
may pay experts and consultants who are serving away
from their homes or regular place of business travel ex-
penses and per diem in lieu of subsistence at rates author-
ized by sections 5702 and 5703 of such title for persons
in Government service employed intermittently.
SEC. 205. DELEGATION AND ASSIGNMENT.
Except where otherwise expressly prohibited by law
or otherwise provided by this title, the Attorney General
may delegate any of the functions transferred to the Attor-
ney General by this title and any function transferred or
granted to such Attorney General after the effective date
of this title to such officers and employees of the Depart-
ment of Justice as the Attorney General may designate,
and may authorize successive redelegations of such func-
tions as may be necessary or appropriate. No delegation
of functions by the Attorney General under this section
or under any other provision of this title shall relieve such
Attorney General of responsibility for the administration
of such functions.
SEC. 206. REORGANIZATION.
The Attorney General is authorized to allocate or re-
allocate any function transferred under section 202 among
the officers of the Department of Justice, and to establish,
consolidate, alter, or discontinue such organizational enti-
ties in the Department of Justice as may be necessary or
appropriate.
SEC. 207. RULES.
The Attorney General is authorized to prescribe, in
accordance with the provisions of chapters 5 and 6 of title
5, United States Code, such rules and regulations as the
Attorney General determines necessary or appropriate to
administer and manage the functions of Department of
Justice.
SEC. 208. TRANSFER AND ALLOCATIONS OF APPROPRIA-
TIONS AND PERSONNEL.
Except as otherwise provided in this title, the person-
nel employed in connection with, and the assets, liabilities,
contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other
funds employed, used, held, arising from, available to, or
to be made available in connection with the functions
transferred by this title, subject to section 1531 of title
31, United States Code, shall be transferred to the De-
partment of Justice. Unexpended funds transferred pursu-
ant to this section shall be used only for the purposes for
which the funds were originally authorized and appro-
priated.
SEC. 209. INCIDENTAL TRANSFERS.
The Director of the Office of Management and Budg-
et, at such time or times as the Director shall provide,
is authorized to make such determinations as may be nec-
essary with regard to the functions transferred by this
title, and to make such additional incidental dispositions
of personnel, assets, liabilities, grants, contracts, property,
records, and unexpended balances of appropriations, au-
thorizations, allocations, and other funds held, used, aris-
ing from, available to, or to be made available in connec-
tion with such functions, as may be necessary to carry out
the provisions of this title. The Director of the Office of
Management and Budget shall provide for the termination
of the affairs of all entities terminated by this title and
for such further measures and dispositions as may be nec-
essary to effectuate the purposes of this title.
SEC. 210. EFFECT ON PERSONNEL.
(a) IN GENERAL.—Except as otherwise provided by
this title, the transfer pursuant to this title of full-time
personnel (except special Government employees) and
part-time personnel holding permanent positions shall not
cause any such employee to be separated or reduced in
grade or compensation for one year after the date of trans-
fer of such employee under this title.
(b) EXECUTIVE SCHEDULE POSITIONS.—Except as
otherwise provided in this title, any person who, on the
day preceding the effective date of this title, held a posi-
tion compensated in accordance with the Executive Sched-
ule prescribed in chapter 53 of title 5, United States Code,
and who, without a break in service, is appointed in the
Department of Justice to a position having duties com-
parable to the duties performed immediately preceding
such appointment shall continue to be compensated in
such new position at not less than the rate provided for
such previous position, for the duration of the service of
such person in such new position.
(c) TERMINATION OF CERTAIN POSITIONS.—Posi-
tions whose incumbents are appointed by the President,
by and with the advice and consent of the Senate, the
functions of which are transferred by this title, shall termi-
nate on the effective date of this title.
SEC. 211. SAVINGS PROVISIONS.
(a) CONTINUING EFFECT OF LEGAL DOCUMENTS.—
All orders, determinations, rules, regulations, permits,
agreements, grants, contracts, certificates, licenses, reg-
istrations, privileges, and other administrative actions—
(1) which have been issued, made, granted, or
allowed to become effective by the President, any
Federal agency or official thereof, or by a court of
competent jurisdiction, in the performance of func-
tions which are transferred under this title, and
(2) which are in effect at the time this title
takes effect, or were final before the effective date
of this title and are to become effective on or after
the effective date of this title,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, the Attorney Gen-
eral or other authorized official, a court of competent ju-
risdiction, or by operation of law.
(b) PROCEEDINGS NOT AFFECTED.—The provisions
of this title shall not affect any proceedings, including no-
tices of proposed rulemaking, or any application for any
license, permit, certificate, or financial assistance pending
before the Department of Housing and Urban Develop-
ment at the time this title takes effect, with respect to
functions transferred by this title but such proceedings
and applications shall be continued. Orders shall be issued
in such proceedings, appeals shall be taken therefrom, and
payments shall be made pursuant to such orders, as if this
title had not been enacted, and orders issued in any such
proceedings shall continue in effect until modified, termi-
nated, superseded, or revoked by a duly authorized official,
by a court of competent jurisdiction, or by operation of
law. Nothing in this subsection shall be deemed to prohibit
the discontinuance or modification of any such proceeding
under the same terms and conditions and to the same ex-
tent that such proceeding could have been discontinued
or modified if this title had not been enacted.
(c) SUITS NOT AFFECTED.—The provisions of this
title shall not affect suits commenced before the effective
date of this title, and in all such suits, proceedings shall
be had, appeals taken, and judgments rendered in the
same manner and with the same effect as if this title had
not been enacted.
(d) NONABATEMENT OF ACTIONS.—No suit, action,
or other proceeding commenced by or against the Depart-
ment of Housing and Urban Development, or by or
against any individual in the official capacity of such indi-
vidual as an officer of the Department of Housing and
Urban Development, shall abate by reason of the enact-
ment of this title.
(e) ADMINISTRATIVE ACTIONS RELATING TO PRO-
MULGATION OF REGULATIONS.—Any administrative ac-
tion relating to the preparation or promulgation of a regu-
lation by the Department of Housing and Urban Develop-
ment relating to a function transferred under this title
may be continued by the Department of Justice with the
same effect as if this title had not been enacted.
SEC. 212. SEPARABILITY.
If a provision of this title or its application to any
person or circumstance is held invalid, neither the remain-
der of this title nor the application of the provision to
other persons or circumstances shall be affected.
SEC. 213. TRANSITION.
The Attorney General is authorized to utilize—
(1) the services of such officers, employees, and
other personnel of the Department of Housing and
Urban Development with respect to functions trans-
ferred to the Department of Justice by this title;
and
(2) funds appropriated to such functions for
such period of time as may reasonably be needed to
facilitate the orderly implementation of this title.
SEC. 214. REFERENCES.
Reference in any other Federal law, Executive order,
rule, regulation, or delegation of authority, or any docu-
ment of or relating to—
(1) the Secretary of Housing and Urban Devel-
opment with regard to functions transferred under
section 202, shall be deemed to refer to the Attorney
General; and
(2) the Department of Housing and Urban De-
velopment with regard to functions transferred
under section 202, shall be deemed to refer to the
Department of Justice.
SEC. 215. ADDITIONAL CONFORMING AMENDMENTS.
(a) RECOMMENDED LEGISLATION.—After consulta-
tion with the appropriate committees of the Congress and
the Director of the Office of Management and Budget, the
Attorney General shall prepare and submit to the Con-
gress recommended legislation containing technical and
conforming amendments to reflect the changes made by
this title.
(b) SUBMISSION TO THE CONGRESS.—No later than
6 months after the effective date of this title, the Attorney
General shall submit the recommended legislation referred
to under subsection (a).
SEC. 216. EFFECTIVE DATE.
This title shall take effect 180 days after the date
of enactment of this Act.
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