H.R. 5850: H.R. 5850 - Transportation, Housing and Urban Development, and Related Agencies Appropriations Act of 2011

H.R. 5850

H.R. 5850 - Transportation, Housing and Urban Development, and Related Agencies Appropriations Act of 2011

Date
July 29, 2010 (111th Congress, 2nd Session)

Staff Contact
Communications

Floor Situation

H.R. 5850 is scheduled to be considered on Thursday, July 29, 2010, under a structured rule (H. Res. 1569), which provides for one hour of general debate on the bill and makes 20 amendments in order.  The bill also makes in order up to four of 12 amendments offered by Rep. Flake (R-AZ) in Part B of the rule.  The following is a summary of the amendments made in order under the rule, each of which is debatable for ten minutes.  For more information on the underlying bill, please see the complete Legislative Digest.

Bill Summary

FY 2011 THUD Discretionary Appropriations Totals (In Millions) 

FY 2010

President's Request

H.R. 5850

H.R. 5850 vs. FY 2010

H.R. 5850 vs. Request

Change vs. FY 2010

Change vs. FY 2010

67,900

68,738

67,400

-500

-1,338

-0.7%

-1.97%

 

H.R. 5850 contains a total of $67.4 billion in discretionary spending, a decrease of $500 million from FY 2010 and $1.3 billion below the president’s request.

H.R. 5850 provides $20.3 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 $46.6 billion in discretionary 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 have received substantial funding increases in the last two years which would essentially be locked in by the funding levels of H.R. 5850.

Sustaining Record Spending IncreasesWhile this bill represents a very slight decrease from last year, it’s important to note that the FY 2010 THUD appropriations bill increased spending by $13 billion or 23 percent over FY 2009.  H.R. 5850 locks-in the current level of record breaking spending from FY 2010 at a time when our nation faces an unprecedented $1.47 deficit and $13 trillion national debt.  In addition, agencies receiving funding from the Transportation and Housing and Urban Development appropriation already received an additional $61.8 billion in emergency spending last year, primarily from the “stimulus.”

Earmarks:  On March 11, 2010, the House Republican Conference voted to adopt a unilateral moratorium on all earmarks, effective immediately.  The Republican moratorium has had a substantial effect on reducing the overall number and cost of earmarks in the bill and increasing spending transparency.  The FY 2011 bill contains 459 earmarks—453 of which were requested by Democrats.   Including the FY 2011 Military Construction and Veterans Affairs Appropriations, the House will vote on appropriations bills this week containing 982 earmarks, only seven of which are sponsored by Republicans.

Advanced Appropriations:  H.R. 5850 provides $4.4 billion in advanced appropriations for Tenant-Based Rental Assistance in FY 2012.  Advanced appropriations count against the budget cap for the year in which they become available—FY 2012 in this case—but not in the year the appropriation is made.  As such, advanced appropriations are often employed as a budgetary “gimmick” to hide dramatic increases in spending in later years. 

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 $20.3 billion in discretionary spending, a decrease of $1 billion or 5 percent from FY 2010.  DOT received $48 billion in emergency supplemental funding last year, 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 $59 billion, bringing DOT’s total budgetary resources for FY 2011 to $79.4 billion, an increase of $5 billion over FY 2010.

Federal Highway Administration:  Provides the Federal Highway Administration with authority to expend up to $45.2 billion collected from the Highway Trust Fund (HTF).  This is an increase of $3.8 billion or 10 percent over FY 2010.

FAA:  Provides $13 billion for the Federal Aviation Administration (FAA), an increase of $550 million or 4 percent above FY 2010.

Federal Railroad Administration:  Provides $3.5 billion for the Federal Railroad Administration (FRA), a decrease of $872 million or 19 percent from FY 2010.  While this represents a decrease from last year, the FRA received an increase of $2.5 billion or more than 100 percent between FY 2009 and FY 2010.  The FRA 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 $1.76 billion for Amtrak, an increase of $183 million or 12 percent over the FY 2010 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 lost nearly $500 million in 2009.  In addition, the so-called “stimulus” bill contained $1.3 billion for Amtrak.  According to the Congressional Research Service, “It [Amtrak] runs a deficit each year, and requires federal assistance to cover operating losses and capital investment. Without a yearly federal grant to cover operating losses, Amtrak would not survive as presently configured.”

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.

TITLE II—Department of housing and urban development

The Department of Housing and Urban Development (HUD) receives $46.6 billion in discretionary spending in FY 2010, an increase of $1 billion or 1.2 percent over FY 2010.  Between FY 2009 and FY 2010, HUD received a discretionary spending increase of 13 percent.  This includes $4 billion in advanced funding that was expended in FY 2010 and an additional $4.4 billion which will be expended in FY 2012.  Programs funding through HUD received another $13.6 billion in emergency appropriations in FY 2009.  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 $2 billion for HUD management and administration, an increase of $147 million or 8 percent over FY 2010.

Tenant-Based Rental Assistance:  Provides $19.5 billion for the Tenant-Based Rental Assistance program, an increase of $1.2 billion or 7 percent over FY 2010.  Between FY 2009 and FY 2010 funding for Tenant-based Rental Assistance increased by $1.4 billion or 8.3 percent.  This program also receives $4.4 billion in advanced appropriations from previous years and includes an additional $4.4 billion in advanced appropriations for FY 2012.

Native Hawaiian Loan Guarantees and Block Grants:  Provides $1 million for the Native Hawaiian Loan Guarantee Program, to provide $41 million in housing loans.  In addition, the bill provides $10 million for Native Hawaiian Housing Block Grants.  Both programs provide federal housing benefits for construction of affordable housing and down payments solely for Native Hawaiians.  Native Hawaiians are a racial group and 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 $8.7 billion for Community Development and Planning, an increase of $221 million or 3 percent over FY 2010.  The program was increased by $1.1 billion or 14 percent or 14 percent in last year’s appropriation.  Programs funding through this account also received $6.7 billion in FY 2010 in emergency supplemental spending. 

Hope VI:  The bill provides $200 million for HUD’s HOPE VI program, the same amount as last year.  The program provides competitive grants to local housing authorities to construct, rehabilitate and transform distressed public housing units into mixed-income communities.  However, the goals set for the program have been met and exceeded according to HUD.

Project-Based Rental Assistance:  Provides $8.9 billion for Section 8 Project-Based Rental Assistance, an increase of $824 million or 16 percent over FY 2010.  The program was increased by $1.2 billion or 16 percent over FY 2010.

Title III—Independent Agencies

H.R. 5850 provides an additional $424 million in funding for other independent agencies, an increase of $41 million or 10 percent over FY 2010.  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.

H.R. 5850 Spending
(In Millions) 

 

Program

FY 2010

President's Request

H.R. 5850

H.R. 5850 vs. FY 2010

H.R. 5850 vs. Request

Change vs. FY 2010

 

 

 

 

 

 

 

TITLE I--Department of Transportation

Office of the Secretary

Salaries and Expenses

103

125

120

17

-5

16.5%

Office of Civil Rights

10

10

10

0

0

0.0%

Financial Management Capital

5

21

19

14

-2

280.0%

National Infrastructure Investments

0

0

384

384

384

n/a

Payments to air carriers

125

132

146

21

14

16.8%

Office of the Secretary Total

890

352

757

-133

405

-14.9%

Federal Aviation Administration

Operations

9,350

9,793

9,793

443

0

4.7%

Facilities and equipment

2,936

2,970

3,000

64

30

2.2%

Research, engineering and development

180

190

198

18

8

10.0%

FAA Total

12,441

12,953

12,991

550

38

4.4%

Federal Highway Administration

Limitation on Funds from HTF

41,107

41,363

45,218

4,111

3,855

10.0%

Federal Motor Carrier Safety Administration

Motor Carrier Safety Operations (Limitation)

233

253

260

27

7

11.6%

Motor Carrier Safety Grants (Limitation)

310

310

310

0

0

0.0%

National Highway Traffic Safety Administration

Operations and research (general fund)

140

133

148

8

15

5.7%

Operations and research (HTF)

110

122

114

4

-8

3.6%

Highway traffic safety grants (HTF Limitation)

620

621

626

6

5

1.0%

NHTSA Total (General Fund Discretionary Appropriations)

127

136

143

16

7

12.6%

National Infrastructure Innovation and Finance

National Infrastructure Innovation and Finance

0

4,000

0

0

-4,000

n/a

Federal Railroad Administration

Safety and operations

172

129

203

31

74

18.0%

Railroad Safety Technology Program

50

0

75

25

75

50.0%

Railroad safety

50

50

0

-50

-50

-100.0%

Capital Assistance for High Speed Rail Corridors

2,420

1,000

1,400

-1,020

400

-42.1%

Amtrak operating subsidy grants

563

563

563

0

0

0.0%

Payment to the Amtrak Office of the Inspector General

19

22

0

-19

-22

-100.0%

Amtrak capital and debt service grants

1,002

1,052

1,204

202

152

20.2%

Total Amtrak Funding

1,584

1,637

1,767

183

130

11.6%

Total Federal Railroad Administration

4,379

2,856

3,507

-872

651

-19.9%

Federal Transit Administration

Administrative expenses

97

114

107

10

-7

10.3%

DC Metro

150

150

150

0

0

0.0%

Formula and Bus Grants (Limitation)

8,343

8,227

8,711

368

484

4.4%

Capital investment grants

1,998

1,822

2,000

2

178

0.1%

Research and university research centers

66

30

65

-1

35

-1.5%

Rail Transit Safety Oversight Program

0

24

0

0

-24

n/a

Total Federal Transit Administration (Discretionary)

2,388

2,167

2,346

-42

179

-1.8%

Maritime Administration

Maritime security program

174

174

174

0

0

0.0%

Operations and training

150

164

169

19

5

12.7%

Ship disposal

15

10

10

-5

0

-33.3%

Total Maritime Administration

363

352

357

-6

5

-1.7%

Additional Department of Transportation Appropriations

Pipeline and Hazardous Materials Safety Administration

164

173

173

9

0

5.5%

Research and Innovative Technology Administration

13

17

19

6

2

46.2%

Saint Lawrence Seaway Development Corporation

32

32

34

2

2

6.3%

Surface Transportation Board

28

25

30

2

5

7.1%

Total Department of Transportation Discretionary Funding

21,389

22,789

20,292

-1,097

-2,497

-5.1%

TITLE II - Department of Housing and Urban Development

Management and Administration

Executive Direction

27

30

30

3

0

11.1%

Office of Inspector General

125

122

122

-3

0

-2.4%

Housing Personnel Compensation and Benefits

375

396

396

21

0

5.6%

Administration, Operations and Management

537

522

539

2

17

0.4%

Community Planning and Development Personnel

99

106

106

7

0

7.1%

Public and Indian Housing Personnel

197

197

197

0

0

0.0%

Fair Housing and Equal Opportunity Personnel

72

68

68

-4

0

-5.6%

Total Management and Administration

1,890

2,294

2,037

147

-257

7.8%

Public and Indian Housing Programs

Tenant based rental assistance (Section 8)

14,084

15,355

15,296

1,212

-59

8.6%

Project-based rental assistance (Section 8)

8,158

8,892

8,982

824

90

10.1%

Public housing capital fund

2,500

2,024

2,500

0

476

0.0%

Public housing operating fund

4,760

4,781

4,781

21

0

0.4%

HOPE VI

200

0

200

0

200

0.0%

Native American housing block grant

700

574

700

0

126

0.0%

Total Public and Indian Housing Programs

29,293

32,242

32,479

3,186

237

10.9%

Advanced Appropriations

4,400

4,400

4,394

-6

-6

-0.1%

Total Including Advance Appropriations

33,693

36,642

36,873

3,186

237

9.6%

Community Planning and Development

Community development fund

4,450

4,336

4,308

-142

-28

-3.2%

Community development loan guarantees program

1,825

1,633

1,825

0

192

0.0%

Homeless assistance grants

1,865

2,034

2,200

335

166

18.0%

Housing opportunities for persons with AIDS

335

337

346

11

9

3.3%

Brownfields redevelopment

18

0

18

0

18

0.0%

Total Community Planning and Development

8,568

8,399

8,789

221

390

2.6%

Housing Programs

Housing counseling assistance

88

87

87

-1

0

-1.1%

FHA-mutual mortgage insurance program

189

388

288

99

-100

52.4%

Housing for persons with disabilities

300

89

300

0

211

0.0%

Housing for the elderly

825

271

825

0

554

0.0%

Additional Department of Housing and Urban Development Appropriations

Fair Housing and Equal Opportunity

72

60

72

0

12

0.0%

Working capital fund

200

244

244

44

0

22.0%

Healthy Homes and Lead Hazard Control

140

139

139

-1

0

-0.7%

Total FY 2011 Discretionary HUD Spending

41,667

41,171

42,181

514

1,010

1.2%

Including Advanced Appropriations

46,069

45,571

46,531

468

966

1.0%

TITLE III - Related Agencies

Total Other Independent Agencies

383

385

424

41

39

10.7%

FY 2011 THUD Discretionary Appropriations Totals

Total Discretionary Funding

67,900

68,738

67,400

-500

-1,338

-0.7%

 

Cost

According to CBO, the legislation would appropriate $67.4 billion in discretionary funding for FY 2011.