H.R. 3288: Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2010

H.R. 3288

Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2010

Date
July 23, 2009 (111th Congress, 1st Session)

Staff Contact
Communications

Floor Situation

The House is scheduled to begin consideration of H.R. 3288, the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act of FY 2010 on Thursday, July 23, 2009, under a structured rule making a number of amendments in order. A complete summary of the amendments made in order will be released when they are available.

Bill Summary

 

Transportation and Housing and Urban Development Spending in Millions

 

FY 2009

President's Request

H.R. 3288

H.R. 3288 vs. FY 2009

H.R. 3288 vs. Request

Appropriation

57,798

68,869

68,821

11,023

-48

Emergency Spending

62,775

0

0

62,775

0

Total

120,573

68,869

68,821

-51,752

-48

H.R. 3288 contains a total of $68.9 billion in discretionary spending, an increase of $11.1 billion or 20 percent above the non-emergency discretionary spending level for FY 2009 as rebased.  (When rebasing is not taken into account, H.R. 3288 provides $13.8 billion or 25 percent over FY 2009 appropriated spending.  Rebasing is an accounting move whereby certain prior year offsets to discretionary spending revert back to the mandatory spending category alone).  H.R. 3288 is below the President's request of $108 billion, which includes nearly $40 billion in general fund appropriations for programs traditionally funded through obligation limitations on mandatory contract authority.

Agencies receiving funding from Transportation and Housing and Urban Development appropriation already received an additional $61.8 billion in emergency spending, primarily from the "stimulus" bill, giving these agencies $120.5 billion in discretionary funding in FY 2009.

Since 2007, the nation's deficit has exploded by more than ten-fold, from $162 billion in FY 2007 under the Republican's last budget, to $1.8 trillion in FY 2009.  Over that same period of time, funding for programs within this bill will have increased 146 percent since the Democrats took over in fiscal year 2007.  Some Members may be concerned the discretionary spending increases in H.R. 3288 are irresponsible given the nation's fiscal crisis and the large amounts of additional funding these agencies have already received.

H.R. 3288 provides $21.5 billion in discretionary funding for the Department of Transportation, which includes the Federal Aviation Administration, the Federal Highway Administration, Federal Motor Carrier Safety Administration, Federal Railroad Administration, and the Federal Transit Administration.  The bill also provides $43.5 funding for the Department of Housing and Urban Development, including funds for Public and Indian Housing, Community Planning and Development programs, and the Federal Housing Administration.  Nearly all of these federal agencies received substantial amounts of supplemental funding in FY 2009 and would receive large increases in discretionary spending through H.R. 3288.

The following is a summary of the spending highlights and other provisions in the bill.

TITLE I-Department of Transportation

The Department of Transportation (DOT) receives $21.5 billion in discretionary spending, an increase of $4.9 billion or 30 percent above FY 2009.  In addition to the large funding increase in H.R. 3288, DOT received $48 billion in emergency supplemental funding in FY 2009, including $27.5 billion for highway investments and $9.3 billion for the Federal Railroad Administration from the "stimulus."   The bill also sets obligation limitations on mandatory contract authority at $54.2 billion, bringing DOT's total budgetary resources for FY 2010 to $75.76 billion.

FAA:  Provides $11.9 billion for the Federal Aviation Administration (FAA), an increase of $511 million or 4 percent above FY 2009.  The FAA also received $1.3 billion in supplemental funding in FY 2009.

Essential Air Service:  Provides $125 million for the Essential Air Service program (EAS) which is designed to guarantee that small communities that were served by certificated airlines before deregulation maintain commercial service.  The program maintains air service to those communities and currently subsidizes service for about 150 rural communities.

Highway Administration:  The Federal Highway Administration receives $125 million in discretionary appropriations in the bill, a decrease of $193 million or 60 percent from appropriated spending level in FY 2009.   In addition, the Highway Administration received $27.5 billion for highway construction projects through the "stimulus."

Federal Railroad Administration:  Provides $5.7 billion for the Federal Railroad Administration Corporation (FRA), an increase $3.9 billion or 219 percent over FY 2009.  The NRPC also received $9.3 billion in emergency supplemental funding in FY 2009, including $8 billion in high-speed rail in the "stimulus" bill.

Amtrak:  Includes $1.5 billion for Amtrak, an increase of $48 million or 3.4 percent over the FY 2009 discretionary funding level.  Amtrak is a program that has repeatedly failed to be competitive and continues to need federal subsidies to cover operating losses and capital costs.  According to the National Railroad Corporation, Amtrak is forecasting a loss of $492 million in 2009.  In addition, the so-called "stimulus" bill contained $1.3 billion for Amtrak.

D.C. Metro:  Contains $150 million in appropriations for the Washington Metropolitan Area Transit Authority (WMATA) to conduct capital improvements on their train system.  This represents the maximum appropriation possible under legislation passed in the 110th Congress to provide the system with $1.5 billion in federal aid over ten years for local train improvements.

Intercity Rail Grants:  Provides $50 million for Intercity Rail Grants, which are solely available to Amtrak for rail corridor investment.

TITLE II-Department of housing and urban development

The Department of Housing and Urban Development (HUD) receives $47 billion in discretionary spending in FY 2009, an increase of $5.5 billion or 13 percent over FY 2009.  Programs funding through HUD received another $13.6 billion in emergency appropriations in FY 2009 and $4.4 billion in advanced appropriations, for a total of FY 2009 discretionary spending total of $55 billion.  H.R. 3288 also contains $4.4 billion in advance appropriations for HUD programs.   Advanced appropriations count against the budget cap for the year in which they become available but not in the year the appropriation is made.  As such, advanced appropriations are often employed as a budgetary "gimmick" to hide spending in later years.

Management and Administration:  Provides $1.3 billion for HUD management and administration, an increase of $43 million or 3 percent over FY 2009.

Tenant-Based Rental Assistance:  Provides $18.2 billion for the Tenant-Based Rental Assistance program, an increase of $1.4 billion or 8.3 percent over FY 2009.

Native Hawaiian Loan Guarantee Program:  Provides $12 million for the Native Hawaiian Loan Guarantee Program, an increase of $2 million over FY 2009 and the President's budget request.  The program provides federal housing block grant funds for construction of affordable housing and down payments solely for Native Hawaiians.  Native Hawaiians are a racial group and is not a tribe.  Such financial assistance on the basis of race would likely be subject to "strict scrutiny" in federal courts and presumptively unconstitutional.

Community Planning and Development:  Provides $8.9 billion for Community Development and Planning, an increase of $1.1 billion or 14 percent over FY 2009.  Programs funding through this account also received $6.7 billion in FY 2009 in emergency supplemental spending.  Funding includes $275 million for Section 108 loan guarantees, $2 billion for the HOME Investment Partnerships Program, and $1.8 billion for Homeless assistance grants.

Hope VI:  The bill provides $250 million for HUD's HOPE VI program, which provides competitive grants to local housing authorities to construct, rehabilitate and transform distressed public housing units into mixed-income communities.  However, the 2003 goal has been met and exceeded according to HUD. 

Project-Based Rental Assistance:  Provides $7.5 billion for Project-Based Rental Assistance, an increase of $1.2 billion or 16 percent over FY 2009.

FHA:  Increases the guaranteed loan limit for Federal Housing Administration's (FHA) mutual mortgage insurance program by $85 billion, from $315 billion to $400 billion.  The bill reduces the loan limit for FHA's general and special risk loan program by $30 billion, from $45 billion to $15 billion.

Title III-independent agencies

H.R. 3288 provides an additional $303 million in funding for other independent agencies, an increase of $26 million or 8.7 percent over FY 2009.  Programs funded under this title include the Federal Maritime Commission, the National Transportation Safety Board, the Neighborhood Reinvestment Corporation, and the U.S. Interagency Council on Homelessness.

Neighborhood Reinvestment Corporation:  Provides $196 million for the Neighborhood Reinvestment Corporation, an increase of $15 million or 8 percent over FY 2009.  The Neighborhood Reinvestment Corporation provides federal financial support, technical assistance, and training for community-based revitalization efforts.

H.R. 3288 Spending in Thousands

(Please note that the FY 2009 spending levels are based on regularly appropriated funding levels and do not reflect $61 billion in FY 2009 emergency spending.  Some scoring methods have based FY 2009 funding on appropriated levels combined with emergency spending.)

Program

FY 2009

H.R. 3288

FY 2009 vs. H.R. 3288

Change

Department of Transportation

16,599,818

21,522,212

4,922,394

29.7%

Office of the Secretary

207913

260942

53,029

25.5%

Federal Aviation Administration

11,955,565

12467370

511,805

4.3%

Federal Highway Administration

319558

125700

-193,858

-60.7%

Federal Highway Traffic Safety Administration

55,356

135,086

79,730

144.0%

Federal Railroad Administration

1,798,395

5748651

3,950,256

219.7%

Amtrak

1,453,166

1,501,973

48,807

3.4%

Washington Metro Transit

0

150,000

150,000

NA

Surface Transportation Board

25,597

28,550

2,953

11.5%

 

 

 

 

 

Department of Housing and Urban Development

41,535,290

47,049,751

5,514,461

13.3%

Management and Administration

1,302,875

1346000

43,125

3.3%

Public and Indian Housing

24,507,044

26,562,244

2,055,200

8.4%

Community Planning and Development

7,818,000

8916697

1,098,697

14.1%

Housing Programs

8,623,600

10226000

1,602,400

18.6%

Fair Housing

53,500

72,000

18,500

34.6%

 

 

 

 

 

Other Independent Agencies

303,012

329,312

26,300

8.7%

 

 

 

 

 

Total

57,798,000

68,901,275

11,103,275

19.2%

 

 

Cost

A CBO score for H.R. 3288 was not available as of press time. However, the legislation would appropriate $68.9 billion in discretionary funding for FY 2010.