“The backlog of forest restoration projects suggests that there are issues on public lands that really need to be addressed, but that is not an argument for creating a vast new federal bureaucracy with as many as 1.5 million government employees.”
“The Biden administration is racing to rebuild senior agency roles depleted by the previous president, hiring at the fastest rate in decades, a POLITICO analysis found.
In the first three months of 2021, the Biden administration hired more than twice as many senior government executives than Donald Trump did in the same timeframe, a staffing spree aimed at rebuilding agencies rocked by turmoil during Trump’s war on the so-called “deep state.””
“The proposed Advanced Research Projects Agency would deliver breakthrough treatments for cancer, Alzheimer’s, diabetes and other diseases and reshape the government’s medical research efforts, by adding a nimble new agency modeled on the Pentagon’s Defense Advanced Research Projects Agency, or DARPA, which laid the groundwork for the internet.
But the way Biden would make “ARPA-H” and its $6.5 billion budget part of the sprawling National Institutes of Health is raising concern within the research community and in Congress about whether it will bring a new approach to old problems or become a duplicative bureaucracy with a lofty mandate.
“Most of us did not support putting this in NIH, for the simple reason that if NIH were capable of doing this, it would have done it,” said one person outside the government familiar with the planning who’s worried NIH’s staid culture and leadership will bog down the effort.
A half dozen individuals both inside and outside the administration who were involved in discussions about the plan told POLITICO there are alternative approaches being discussed, like putting ARPA-H well outside of Washington, to escape some of the Beltway’s inertia and turf battles. More autonomy could, in theory, speed up the way scientific discoveries are turned into drugs and diagnostic tests.
But the prevailing view is that making the new agency part of NIH’s infrastructure will give it a foundation to spring off — and foster communication to head off unnecessary duplication. As Congress prepares for hearings on the first budget proposal, administration officials are expressing confidence ARPA-H can carve out a distinct identity, wherever it is.”
“Estimates about the amount of back rent owed across the country range from $8.4 billion to $52.6 billion, meaning that the $45 billion allocated should cover the vast majority of need, especially considering that renters have indirectly received other forms of aid from the federal government.
The vast majority of renters have figured out how to make rent payments. According to the National Multi-Family Housing Council’s rent payment tracker, “80.0 percent of apartment households made a full or partial rent payment by May 6.” The previous month’s data shows that by the end of the month, 95 percent of renters had made a full or partial rent payment.”
“While 23.7 percent of renters have missed at least one payment over the past year, only 8.6 percent of renters have missed more than two payments.
But that doesn’t mean that over 90 percent of renters are doing fine. In order to make those payments, many renters have had to deplete their savings, max out their credit cards, or take on loans from family, friends, or payday lenders.
And it’s not clear when rental assistance will reach those people.”
“Turner, a renter living in North Carolina, told Vox that his application for relief was initially accepted by a program in Wake County, but he was eventually denied aid after he paid rent.
“We sold all of our belongings in our apartment to pay the rent,” Turner told Vox. Now, he says, he’s caught in an impossible place. If he doesn’t pay his rent, he’s at risk of receiving an eviction notice — a black mark on any renter’s history that can make it harder to get housing in the future — but without showing proof that he’s behind on his rent, he’s unable to get help to stay solvent.”
“Turner’s story might seem to indicate that these programs are running low on funds, but all reports indicate that very little has actually made it into the pockets of at-risk renters. The Treasury Department is collecting data on how much states have allocated and to whom, but it has yet to be released. Tenant advocates I spoke with in California and Washington, DC, told me they didn’t personally know anyone who had actually received aid.
Georgia’s Department of Community Affairs told me that it has distributed more than $4 million in rental assistance funding to landlords and tenants; the state has received over $552 million for that purpose. Delaware’s State Housing Authority told me that it has distributed $40,000 in rental assistance — 0.02 percent of its allocated funds. The Idaho Housing and Finance Association told me it has distributed $6.1 million of the $175 million it received from the December congressional rent relief allocation. Colorado’s dashboard shows $2.8 million has been approved from the $247 million it has received. Arizona’s dashboard shows $4.38 million has been disbursed out of the $289 million it has received.
More has reached tenants — those state numbers don’t include the spending done by programs at the county and city level — but it indicates the pace of these programs may not be fast enough to meet the urgent, coming crisis.”
“Time, knowledge, and bureaucracy: These are the challenges facing rent relief programs racing to dole out funds.
States and localities have never before had to set up rent relief programs to distribute federal aid. To do so, programs needed to hire staff, set up websites, comply with any additional regulations or goals set by their state legislatures, and conduct outreach. Even with best efforts, most experts Vox spoke with were skeptical that it would have been possible for programs to move fast enough to get all the aid out the door before the end of June.”
““One of the things that this pandemic has made very clear is that there’s a lot that we don’t know about our housing market,” Vincent Reina, director of the Housing Initiative at the University of Pennsylvania, told me. “The vast majority of cities don’t have full registries of every owner in their city. … It shows we often don’t know who owns properties and what’s going on with these properties or which tenants are experiencing financial hardship.”
If states had been collecting detailed information about where struggling tenants are and how much back rent was accumulating, it’s likely this process would have moved faster.”
“there are some success stories. A representative from the Alaska Housing Finance Corporation, for instance, told me that by May 10 the state had paid out $18.2 million and 9,000 applications had been approved. When I checked back nine days later, the representative told me they had approved more than 1,300 additional applications and sent a total of $25.9 million in payments. The state’s total allocation is $200 million, so they still have a way to go, but they credit their progress to the fact that they “offered a unified application that was optimized for mobile” as well as measuring how long it was taking to process applications and making it “as easy as possible for applicants and landlords or utility companies” to submit required documentation.”
“this problem of an overcomplicated system that makes it hard for people to access benefits isn’t limited to the stimulus checks. For many government benefits, lots of people who are eligible don’t get it — often because they have no idea how to sign up.”
“the federal government needs to make its assistance programs simpler and more accessible. Some headway was actually made on this issue in the recent stimulus plan — Biden’s child allowance converted the existing child tax credit into a near-universal benefit sent to eligible recipients every month, making the program both more generous and accessible. But that’s a one-year fix, and there’s much more work to be done on this front.”
“it’s not enough to pass programs that help them in principle; the government actually has to build the infrastructure to get that help into their hands.
For example, the IRS was made responsible for sending out the stimulus checks and publicizing eligibility, but it doesn’t have a budget for public outreach or marketing. It could easily have been given one along with the responsibility of sending the checks out.”
“Some policy thinkers favor giving every American a federal bank account, which would simultaneously solve the problem of underbanking — where poor people, who aren’t profitable for the banking system to seek out as customers, struggle with access to basic financial services — and the problem of sending out stimulus checks and benefits. In principle, the government could respond to recessions, pandemics, and disasters of every kind by just dropping some money in our Fed Accounts.”
“As the test flights continue, so do disputes between SpaceX and the FAA.
“Unlike its aircraft division, which is fine, the FAA space division has a fundamentally broken regulatory structure,” Musk protested before the SN9 launch. “Their rules are meant for a handful of expendable launches per year from a few government facilities. Under those rules, humanity will never get to Mars.”
The SpaceX founder isn’t alone in pointing out that regulators haven’t kept up with the times when it comes to the changing nature of ventures into space.
“The era of commercial space travel and the rise of abundant spacefaring nations has led to an increase in space activity, which has outpaced international space laws—laws that were originally imagined for state-sponsored space travel in an arena with only two spacefaring states,” Juan Davalos wrote in a 2015 article for Emory International Law Review.
“Existing space law has not kept up with the growth in the private sector, and the United States lacks a comprehensive regulatory regime,” Brianna Rauenzahn, Jasmine Wang, Jamison Chung, Peter Jacobs, Aaron Kaufman, and Hannah Pugh chimed in last summer in the University of Pennsylvania Law School’s The Regulatory Review.
Worse, the regulatory regime that the U.S. does have, inherited from an era of government-dominance of space, lends itself (as do all intrusive rules) to abuse. That can come from “you will respect mah authoritah” resentment of anybody who bucks bureaucracy. But it can also reflect government seat warmers’ discomfort with the unfamiliar and threatening world of private entrepreneurial activity.”
“even the FAA’s political masters recognize that the agency needs to change. The FAA is under orders “to streamline the regulations governing commercial space launch and reentry licensing” under rulemaking that “replaces prescriptive requirements with performance-based criteria.”
But there’s no assurance that “streamline” means easing regulation rather than making it more restrictive.”
“But there’s a case to be made that President Biden has made an excellent choice in nominating Fudge to run HUD. She has done something that HUD has repeatedly tried and failed to do: save a city. She turned around a small, predominantly black city—Warrensville Heights, Ohio, population 13,500—by recruiting new, high-end private-housing development. The result: a restored tax base, new school construction, and an end to housing abandonment.”
“HUD-funded housing will be governed by policies that Marcia Fudge will now control. She has sent at least one promising signal, saying that “public housing or low income housing should not be a lifetime, it should be just a stopping point.” If she stays true to that pragmatic vision, she’ll follow through by letting housing authorities adopt time limits for tenants, changing the culture of subsidized housing by making clear an expectation: up and out.”
“In a quiet vote on Sept. 23, the Republican-dominated SEC adopted amendments that could allow it to lower payments to whistleblowers. Its argument is that awards should only be as large as necessary to prompt people to come forward, and excessively high payouts might be better spent on other priorities.
Advocates say that may dissuade whistleblowers, insulating the biggest Wall Street banks and investment firms, which are typically subject to the largest fines and whose wrongdoing is often the most difficult to spot without help from highly paid insiders.
The SEC’s shift may exacerbate the effects of the Trump administration’s blitz of deregulation of the financial services industry, advocates fear. With weaker incentives to report fraud, regulators may have fewer allies as they monitor markets for the kind of bad behavior that can follow such loosening of rules.”
” The SEC declined to comment. Defenders of the SEC’s action point out that the rule also contained some provisions that are good for whistleblowers, such as the ability to more quickly dismiss frivolous complaints that gum up the system and a new presumption that whistleblowers who help the commission attain settlements worth less than $5 million should get the maximum allowable award. Also, fiscal year 2020 saw the highest payouts in the program’s history and the most claims processed overall.”
“The commission weakened the law in other ways, too, making it harder for whistleblowers to get a bounty if they did not have inside information but instead provided analysis that SEC staff members could plausibly have inferred on their own — even if the staff hadn’t done so.”
“The financial adviser who blew the whistle on his firm says the new rules will surely dissuade some insiders at his level from stepping forward.
“If these guys decide they want to lower their awards, they’re going to get $200,000 employees taking a shot, and that’s about it,” he said. “The only people who know stuff are the people who are at the top.””
““I appreciate the fact that the average guy on the street can’t comprehend these numbers,” he said. “That it would be offensive to a normal human being making normal money. Lots of people on Wall Street make $100 million every 10 years. They’re not risking that for a million bucks.””
“The outgoing administration will continue to hold power within administrative agencies long after noon on January 20, 2021. Even worse: In many cases, these office-holders are, at least in theory, not subject to at-will removal by the president because federal law provides that they can be removed only for “good cause.” For example, members of the Federal Reserve Board, including newly appointed member Waller, enjoy this statutory protection from removal—with the right to seek judicial review of the legal sufficiency of the president’s reasons if he attempts to remove them from office. By confirming a slew of last-minute Trump appointments to key posts within the administrative bureaucracy, Trump’s imprint on the federal government could remain long after he and Melania have decamped from the White House.”
“Biden could adopt a theory advanced by conservative judges and legal academics, and long championed by The Federalist Society: The unitary executive theory. Under this theory, President Biden would be constitutionally empowered to remove executive-branch personnel who are opposed to his administration’s policies and programs whether or not they hold a fixed term of office or enjoy statutory good-cause protection against removal.
The Federalist Society, a conservative legal organization that has played an integral role in Trump’s judicial selection process, has long advocated the unitary executive theory. Under this theory, the president must be able to exercise direct forms of control over any and all officers holding policymaking posts within the federal executive branch—including, for example, a sitting member of the Federal Reserve Board of Governors.
Trump-appointed federal judges, such as Brett Kavanaugh and Neomi Rao, have written in both academic articles and judicial opinions about the central importance of the unitary executive theory to the proper enforcement of the separation of powers. Both have argued, strenuously, that the federal courts must interpret “good cause” removal protections very narrowly so that the president has the ability to fire subordinates within the executive branch in whom he lacks confidence.
Under this theory, it’s unthinkable that an entity charged with enforcing federal laws, such as the FCC, could be rendered largely unaccountable to the president.”
“Many of these nominees hold odd, even bizarre, policy positions that are clearly opposed to the Biden administration’s policies. Judy Shelton, for example, a Trump nominee to the Federal Reserve Board, has publicly advocated a return to the gold standard. If the Federal Reserve Board were to embrace her position, it would hobble the agency’s ability to use monetary policy to help limit the effect of shocks to the national and global financial systems. Shelton’s nomination currently remains pending before the Senate; despite failing to secure a majority vote last month (with two GOP senators absent due to Covid-19), Senator McConnell has preserved his ability to call up her nomination again before President-elect Biden is inaugurated.
If Republicans retain control of the Senate after the Georgia special elections, Biden should offer McConnell a choice: Either swiftly confirm a Biden appointee to the fifth seat on the FCC, or President Biden will remove Simington from the commission. Biden should adopt exactly the same negotiating tactic with respect to other federal independent agencies where the presence of lame-duck Trump holdovers, coupled with the Senate’s refusal to timely confirm the president’s nominees, would leave Biden without the ability to perform his constitutional duty to “take Care that the Laws be faithfully executed.”
Indeed, it may well be that the Biden administration’s only practical option to counter these unprecedented midnight appointments will be to fire these appointees after he takes office. And, when the newly unemployed federal officers seek judicial review of Biden’s action, the administration should quote the Federalist Society judges back to themselves in the legal briefs. In fact, were Biden to signal that he will remove illegitimate lame-duck appointees after taking office, it might persuade McConnell to cease and desist trying to saddle the Biden administration with a federal bureaucracy committed to seeing his administration fail.”
“Trying to booby-trap administrative agencies for an incoming administration is inconsistent with a meaningful commitment to the peaceful transfer of power.
To be sure, taking this step would constitute a further escalation of the confirmation wars and represent yet another step toward creating an imperial presidency. Firing a GOP member of the FCC would, like the Senate’s behavior, break an existing convention and also escalate of the battle between the Senate and the president, in periods of divided government, over control of independent regulatory agencies.
On the other hand, though, it was the Senate—not Biden—that started this fight.
Moreover, for independent regulatory bodies that feature multimember heads and partisan balance requirements for the membership, Biden simply has no effective workaround other than dismissing GOP members if the Senate will not consider his nominees with the same alacrity that they have considered Trump’s lame-duck picks. The Federal Vacancies Reform Act does not, for instance, permit a president to name “acting” voting members to independent agencies. Thus, for administrative bodies like the FCC, the Securities and Exchange Commission and the Equal Employment Opportunity Commission, which have partisan balance requirements and feature a multimember head, the only way for the president to establish control over the agency, if the Senate will not speedily consider and confirm his nominees, would be to remove opposition party members from it.
Further expanding the president’s unilateral authority is unfortunate collateral damage—but if a choice must be made between having an agency operating free and clear of meaningful presidential supervision and further accelerating the devolution of the separation of powers toward an imperial presidency, unaccountable government power in the hands of a rogue agency presents the greater of the two evils.
McConnell’s effort to do to federal agencies what he has systematically done to the federal courts can work only if Biden lets it work.”
“A higher-than-usual number of Trump administration political appointees — some with highly partisan backgrounds — are currently “burrowing” into career positions throughout the federal government, moving from appointed positions into powerful career civil service roles, which come with job protections that will make it difficult for Biden to fire them.
While this happens to some degree in every presidential transition, and some political appointees make for perfectly capable public servants, Biden aides, lawmakers, labor groups and watchdog organizations are sounding the alarm — warning that in addition to standard burrowing, the Trump administration is leaning on a recent executive order to rush through dozens if not hundreds of these so-called “conversions.” The fear is that, once entrenched in these posts, the Trump bureaucrats could work from the inside to stymie Biden’s agenda, much of which depends on agency action.
The October executive order — which Biden is expected to swiftly rescind — has allowed federal agencies to help political appointees circumvent the usual merit-based application process for career civil service jobs, while moving career policymakers into a new job category with far fewer legal protections.
Thanks to weak transparency laws, the full impact of both changes may not be known for months.”