Transportation, Housing and Urban Development, and Related Agencies (THUD) Appropriations for FY2020: In Brief

Transportation, Housing and Urban Development, and Related Agencies (THUD) Appropriations for FY2020: In Brief

Transportation, Housing and Urban Development, and Related Agencies (THUD) Appropriations for FY2020: In Brief

Updated May 18, 2020 (R45774)

Contents

FY2020 Budget Process

FY2020 THUD Appropriations Process

President's Budget

House Action

Senate Action

Continuing Resolutions

Final FY2020 Full-Year Appropriations Law

CARES Act Pandemic Relief Funding

Department of Transportation

Selected DOT Issues

Infrastructure Funding

Commercial Truck Safety

Rail Infrastructure

Automobile Fuel Economy Standards

CARES Act Supplemental Funding

Department of Housing and Urban Development

Selected HUD Issues

Grant Program Funding

Rental Assistance Funding

Account Restructuring

Policy Provisions

CARES Act Funding

THUD Independent Agencies

Selected Independent Agencies Issues

NeighborWorks America

USICH

Tables

Table 1. THUD Bill Appropriations by Title, FY2019-FY2020

Table 2. Department of Transportation FY2019-FY2020 Detailed Budget Table

Table 3. DOT Funding in the CARES Act

Table 4. Department of Housing and Urban Development, FY2019-FY2020

Table 5. Comparison of Restructured HUD Accounts

Table 6. CARES Act Funding for HUD

Table 7. THUD Independent Agencies, FY2019-FY2020

The respective House and Senate Transportation, Housing and Urban Development, and Related Agencies (THUD) appropriations subcommittees are charged with providing annual appropriations for the Department of Transportation (DOT), the Department of Housing and Urban Development (HUD), and certain related agencies. This report describes action on FY2020 annual appropriations for THUD, including detailed tables for each major agency, and including the effect of the CARES supplemental appropriations act, signed into law on March 27, 2020, on DOT and HUD budget authority.

FY2020 Budget Process

Appropriations for DOT, HUD, and the related agencies typically funded in the THUD bill happen in the context of the broader annual congressional appropriations process. That process generally begins with the submission of the President's budget request and the adoption of the congressional budget resolution that sets the overall level of spending for that year's appropriations bills. For FY2020, the first step was delayed.

The President's budget submission for FY2020 was submitted on March 11, 2019, about five weeks after the statutory deadline. The delay was, in part, attributable to extended negotiations over a number of the FY2019 annual appropriations bills (including THUD), during which there was a five-week government shutdown. Ultimately, appropriations for these annual bills were enacted on February 15, 2019, completing FY2019 annual appropriations almost five months after the start of FY2019.

The annual adoption of a congressional budget resolution by its target date of April 15 is meant to provide an opportunity for Congress to consider and agree on an overall budget framework for that year's appropriations bills. For FY2020, the House and Senate did not agree to a formal budget resolution.

In the absence of agreement on a budget resolution, on April 9, 2019, the House adopted a deeming resolution for FY2020 (H.Res. 293), which gave the House Appropriations Committee a top-line spending allocation of approximately $1.295 trillion for FY2020. The subcommittee-level 302(b) allocations were revised on June 21, 2019 (H.Rept. 116-124), and included $75.771 billion for THUD.¹

In August 2019, the Bipartisan Budget Act of 2019 (BBA 2019; P.L. 116-37) was enacted. The BBA 2019 set the overall FY2020 statutory spending limit at $1.288 trillion. It set the nondefense spending limit (the limit applicable to THUD funding) at $621.5 billion, an increase of $24.5 billion (+4%) relative to FY2019.

On September 9, 2019, the Senate Committee on the Budget published in the Congressional Record its top-line spending allocation of $1.288 trillion for FY2020. On September 26, 2019, in S.Rept. 116-122, the Senate Appropriations Committee published its 302(b) allocations, including $74.3 billion for THUD, subsequently revised to $74.277 billion in S.Rept. 116-207.

FY2020 THUD Appropriations Process

President's Budget

The Administration's budget request proposed cutting funding for THUD agencies by 8.6% ($11.3 billion) from their FY2019 levels. The Department of Housing and Urban Development (HUD) would have been reduced by 17% (-$7.6 billion), DOT by 4% (-$3.6 billion), and the independent agencies in Title III of the THUD bill by 35% (-$127 million) (see Table 1). The reductions in HUD funding would have come from zeroing out a half-dozen programs, the largest of which was the Community Development Block Grant (CDBG) program, and reducing funding for many more programs. The reductions in DOT funding would have come primarily from reducing funding for highways, new transit lines, and Amtrak. Two independent agencies, the Interagency Council on Homelessness and the Neighborhood Reinvestment Corporation, are also proposed for significant reductions in the President's Budget request.

House Action

The House Committee on Appropriations reported out H.R. 3163, the THUD FY2020 Appropriations Act, on June 6, 2019 (H.Rept. 116-106). The committee recommended a 6.6% ($4.7 billion) increase in discretionary funding over the comparable FY2019 figure, with most of the increase going to HUD (see Table 1), though that increase was partially offset by a reduction in offsetting receipts from HUD's mortgage insurance programs.

On June 19, 2019, the House Rules Committee approved a rule amending H.R. 3055 by adding the texts of several other appropriations bills, including the FY2020 Transportation, Housing and Urban Development, and Other Independent Agencies (THUD) appropriations (as reported in H.R. 3163) as Division E. That consolidated appropriations bill was passed by the House on June 25, 2019. A number of THUD-related amendments were adopted.

Senate Action

The Senate Committee on Appropriations ordered reported S. 2520, its version of the THUD FY2020 Appropriations Act, on September 19, 2019. The committee recommended a 4.5% ($3.2 billion) increase in discretionary funding over the comparable FY2019 figure. As with the House bill, most of the increase was directed to HUD (see Table 1), though that increase was partially offset by a reduction in offsetting receipts from HUD's mortgage insurance programs.

On October 31, 2019, the Senate passed S.Amdt. 948, the Senate amendment to H.R. 3055, which contained the text of the Senate committee-reported THUD as well as the text of three other appropriations acts. While several THUD-related floor amendments were adopted, none changed funding at the account, agency, or title levels.

Continuing Resolutions

In advance of the start of FY2020 on October 1, 2019, Congress approved and the President signed a short-term continuing resolution (P.L. 116-59). It largely continued funding for all government agencies, including those typically funded in the THUD appropriations bill, at FY2019 levels through November 21, 2019. That continuing resolution was extended through December 20, 2019, by P.L. 116-69, the FY2020 Continuing Appropriations Act. That law also repealed a $7.6 billion rescission of states' unobligated balances of federal highway funding that was scheduled to occur in the fourth quarter of FY2020.

Final FY2020 Full-Year Appropriations Law

Final full-year FY2020 funding for THUD was provided in Division H of the FY2020 Further Consolidated Appropriations Act (P.L. 116-94), signed into law on December 20, 2019. The law provided a 4% increase in discretionary funding for THUD agencies relative to FY2019 overall, with increased funding for HUD (+11%), but decreased funding for DOT (-6%).

CARES Act Pandemic Relief Funding

Following the declaration of a public health emergency related to the global pandemic of Coronavirus Disease 2019 (COVID-19), Congress enacted a series of supplemental appropriations and relief measures in the spring of FY2020. Division B of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136) included $36.1 billion in additional FY2020 discretionary appropriations for DOT accounts and $12.4 billion appropriations for HUD accounts. The law designated these funds as being for an emergency requirement, meaning they do not count toward enforceable spending limits under the Budget Control Act, as amended.

Table 1. THUD Bill Appropriations by Title, FY2019-FY2020

(dollars in millions)

FY2019 Enacted

FY2020 Request

FY2020 House

FY2020 Senate

FY2020 Enacted

Title I: DOT

Discretionary

26,493

21,585

25,327

25,325

24,833

Mandatory

59,987

61,320

61,321

61,323

61,323

DOT Total

86,481

82,904

86,648

86,648

86,156

Title II: HUD

44,208

36,650

50,064

48,613

49,087

Title III: Other Independent Agencies

361

234

380

362

370

Title IV: General Provisions

17

—

—

—

-20

Total Discretionary

71,079

58,469

75,771

74,300

74,270

Total Mandatory

59,987

61,320

61,321

61,323

61,323

Total

131,066

119,788

137,092

135,623

135,593

CARES Act Emergency Funding

48,508

Total (Including CARES Act)

184,101

Source: Comparative Statement of Budget Authority, pp. 170-189, in H.Rept. 116-106; Comparative Statement of Budget Authority, pp. 175-186 in S.Rept. 116-109; Comparative Statement of Budget Authority, pp. 1207-1225 in H.Comm.Prt. 38-679; and P.L. 116-136.

Notes: Totals may not add or exactly match source materials due to rounding. The THUD totals include both discretionary budget authority and contract authority (a type of budget authority provided to DOT that is not included in the bill's discretionary budget authority figure). The FY2019 THUD total excludes $5.8 billion in emergency appropriations.

Department of Transportation

The House and Senate Appropriations Committees recommended identical levels of overall funding ($86.65 billion) for DOT, which was virtually level (an increase of $167 million) with the comparable FY2019 enacted amount. The final FY2020 enacted amount was $86.156 billion, less than 1% ($325 million) below the FY2019 enacted level. Most accounts received an increase; the accounts that bore the brunt of the decrease were the additional discretionary funding (above the authorized level) for the Federal Highway Administration, which was reduced by 33% ($1,084 million), from $3,250 million (FY2019) to $2,166 million (FY2020), and the Federal Transit Administration's Capital Investment Grants (New Starts) account, which was reduced by 23% ($575 million), from $2,553 million (FY2019) to $1,978 million (FY2020), $324 million below its authorized level. The details of the recommended and enacted funding can be found in Table 2.

In April 2020 the CARES Act (P.L. 116-136) provided an additional $36.1 billion in FY2020 funding to several DOT programs and activities for assistance with the economic costs of the pandemic; see Table 3 for details.

Table 2. Department of Transportation FY2019-FY2020 Detailed Budget Table

(dollars in millions)

Department of Transportation
Selected Accounts

FY2019 Enacted

FY2020 Request

FY2020 House

FY2020 Senate

FY2020 Enacted

Office of the Secretary (OST)

National infrastructure investment (BUILD/TIGER)

900

1,000

1,000

1,000

1,000

Payments to air carriers (Essential Air Service)a

175

125

175

162

162

Nationally significant freight projects

—

1,035

—

—

—

Total, OST

1,241

2.353

1,386

1,327

1,345

Federal Aviation Administration (FAA)

Operations

10,411

10,340

10,678

10,541

10,630

Facilities & equipment

3,000

3,295

3,000

3,154

3,045

Research, engineering, & development

191

120

191

194

193

Grants-in-aid for airports (Airport Improvement Program) (limitation on obligations)

3,350

3,350

3,350

3,350

3,350

Airport Discretionary Grants

500

—

500

450

400

Total, FAA

17,452

17,105

17,719

17,689

17,618

Federal Highway Administration (FHWA)

Federal-Aid Highways (limitation on obligations + exempt contract authority)

46,008

47,104

47,104

47,104

47,104

Federal-Aid Highways: discretionary funding

3,250

300

1,750

2,700

2,166

Rescission of budget authority

—

-210

—

—

—

Total, FHWA

49,258

47,194

48,854

49,804

49,270

Federal Motor Carrier Safety Administration (FMCSA)

Motor carrier safety operations and programs

284

288

288

288

288

Motor carrier safety grants to states

383

388

389

391

391

Total, FMCSA

667

676

677

679

679

National Highway Traffic Safety Administration (NHTSA)

Operations and research

342

306

369

349

349

Highway traffic safety grants to states (limitation on obligations)

610

623

623

623

623

Impaired driving/highway-rail grade crossing safety

14

—

17

—

17

Child safety and booster seat grants

—

—

1

—

—

Total, NHTSA

966

929

1,010

972

989

Federal Railroad Administration (FRA)

Safety and operations

222

213

227

222

224

Research and development

41

19

42

41

41

Railroad Rehabilitation and Improvement Financing Program loan modifications

17

—

—

—

—

Amtrak

Northeast Corridor grants

650

325

700

680

700

National Network

1,292

611

1,292

1,320

1,300

Subtotal, Amtrak grants

1,942

936

1,992

2,000

2,000

Consolidated rail infrastructure and safety improvements

255

330

350

255

325

Federal-state partnership for State of Good Repair

400

—

350

300

200

Restoration and enhancement grants

5

550

—

2

2

Magnetic Levitation Program

10

—

10

—

2

Transportation Technology Center

—

100

—

—

—

Rescission

—

-56

—

—

—

Total, FRA

2,874

2,093

2,970

2,819

2,794

Federal Transit Administration (FTA)

Administrative Expenses

113

111

117

113

117

Formula grants (M)

9,939

10,150

10,150

10,150

10,150

Technical assistance and training

5

—

5

5

5

Capital Investment Grants (New Starts)

2,553

1,505

2,302

1,978

1,978

Transit Infrastructure grants

700

500

750

560

510

Washington Metropolitan Area Transit Authority

150

150

150

150

150

Rescission

-47

—

—

—

—

Total, FTA

13,414

12,416

13,474

12,957

12,910

Maritime Administration (MARAD)

Maritime Security Program

300

300

300

300

300

Operations and training

149

377

154

143

153

State maritime academy operations

345

—

345

342

342

Assistance to small shipyards

20

—

20

20

20

Ship disposal

5

5

5

5

5

Maritime Guaranteed Loan Program

3

—

3

3

3

Port infrastructure development program

293

—

225

92

225

Total, MARAD

1,115

657

1,053

904

1,048

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Subtotal

247

226

253

249

253

Offsetting user fees

-142

-127

-145

-142

-145

Emergency preparedness grants (M)

28

28

28

28

28

Total, PHMSA

275

255

281

278

281

Office of Inspector General

93

92

97

93

95

Saint Lawrence Seaway Development Corporation

36

28

40

36

38

DOT Totals

Appropriation (discretionary funding)

26,540

21,875

25,327

25,325

24,833

Limitations on obligations (M)

59,987

61,320

61,321

61,323

61,323

Subtotal—new funding

86,527

83,195

86,648

86,648

86,156

Rescissions of discretionary funding

-47

-265

—

—

—

Rescissions of contract authority

—

—

—

—

—

Net new discretionary funding

26,493

21,585

25,327

25,325

24,833

Net new budget authority

86,481

82,930

86,648

86,648

86,156

Supplemental Emergency Funding

1,661b

—

—

—

36,085c

Net new budget authority (incl. emergency funding)

88,142

82,930

86,648

86,648

122,241

Source: Comparative Statement of Budget Authority, pp. 170-184 in H.Rept. 116-106 (House numbers), pp. 175-186 in S.Rept. 116-109 (Senate numbers), pp. 1207-1216 in P.L. 116-94 and H.Comm.Prt. 38-679; and P.L. 116-136.

Notes: Totals may not add due to rounding.

a. In addition to its appropriation, the Essential Air Service program receives funding from overflight fees; for FY2020, those fees were estimated to provide an additional $150 million to the program, but due to the pandemic's effects on aviation that amount will be greatly reduced. The CARES Act included $56 million to compensate for that reduction.

b. Includes $1.650 billion in emergency relief funding through the Federal Highway Administration and $11 million in Public Transportation emergency relief through the Federal Transit Administration provided by P.L. 116-20.

c. Includes $25 billion in emergency funding for transit systems through the Federal Transit Administration and $10 billion for airports through the Federal Aviation Administration provided by the CARES Act (P.L. 116-136) as part of efforts to cope with the economic effects of the nationwide lockdown in response to the coronavirus pandemic.

Selected DOT Issues

Infrastructure Funding

Both the House and Senate appropriations bills would have provided increases beyond the authorized levels of infrastructure funding in several modes. Both would have provided $1 billion for the BUILD competitive grant program (not an authorized program); $500 million (House) and $450 million (Senate) for additional discretionary grants to airports (in addition to the $3.35 billion authorized); $1.75 billion (House) and $2.7 billion (Senate) for highway programs (in addition to the $47 billion authorized amount); and $750 million (House) and $560 million (Senate) for additional transit infrastructure grants (in addition to the $12.5 billion authorized level). The final appropriations bill provided $4.0 billion beyond authorized levels for infrastructure: $1 billion for the BUILD program, $400 million for additional airport grants, $2.166 billion for additional highway grants, $510 million for additional transit grants (though this increase was partially reduced by $324 million from the authorized level of the transit Capital Investment Grants program), plus $225 million for port infrastructure grants.

Commercial Truck Safety

The congressional mandate for heavy trucks to be equipped with electronic logging devices (ELDs) to track the time worked by drivers went into effect at the end of 2017.² The purpose was to improve safety by reducing violations of the federal hours-of-service limits (which limit the amount of time a driver can drive each day and each week to reduce the risk of truckers driving while fatigued). The limits were not changed when ELDs became mandatory; ELDs just make it harder for drivers to exceed the limits without detection. However, objections from certain sectors of the trucking industry have led Congress and the President to repeatedly waive enforcement of the ELD mandate with respect to livestock haulers, and to consider amending the hours-of-service rules to provide more flexibility to drivers. These steps have been opposed by safety advocates. The House and Senate bills both included a provision that would extend the waiver for livestock haulers to the end of FY2020; this was included in the enacted appropriations bill.³

Rail Infrastructure

The final appropriations bill funded Amtrak at $200 million above its authorized level, providing $700 million for the Northeast Corridor and $1.3 billion for the National Network. It also provides a total of $529 million for rail infrastructure grants, $141 million less than FY2019 and $121 million less than the authorized level. The Consolidated Rail Infrastructure and Safety Improvements program received a $75 million increase over FY2019, to $325 million, while the Federal-State Partnership for State of Good Repair was cut by 50%, from $400 million (FY2019) to $200 million (FY2020). Magnetic levitation program funding was reduced from $10 million (FY2019) to $2 million (FY2020).

Amtrak's Hudson Tunnel Replacement Project

Some of the rail infrastructure funding could potentially go to Amtrak's Hudson Tunnel Replacement Project, a project previously cited as critical by DOT but for which funding has been a source of contention between the Trump Administration and the States of New York and New Jersey.

California High Speed Rail Project

The Administration announced in February 2019 that it would cancel the remaining $929 million in federal funding provided for the California High Speed Rail Project after California's new governor announced that the project would be scaled back. The House bill would have barred DOT from canceling the funding, or from reallocating the money until any litigation concerning the funding is completed;⁴ the Senate bill did not have a similar provision, nor did the final enacted appropriations bill.

RRIF Loans and Economic Development Projects

In the FAST Act, uses for Railroad Rehabilitation and Improvement Financing loans had been expanded to include economic development projects related to rail service.⁵ That provision had been scheduled to expire after four years (December 2019); it was extended to the end of FY2020 in the final appropriations bill.⁶

Automobile Fuel Economy Standards

The House bill would have barred the use of any DOT funding to suspend the higher corporate average fuel economy (CAFE) standards that were scheduled to go into effect applying to model year 2022-2025 vehicles;⁷ the Senate bill did not have a similar provision, nor did the final enacted appropriations bill.

CARES Act Supplemental Funding

Division B, Title 12 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136) provided $36.1 billion in additional FY2020 funding for several DOT programs and activities.⁸

Table 3. DOT Funding in the CARES Act

(dollars in millions)

Account

$

FAA—Airport Improvement Program grants (to maintain operations at airports)

10,000
.0

FMCSA—Motor Carrier Safety and Operations

0
.2

FRA—Safety and Operations

0
.3

FRA—Amtrak Northeast Corridor Grants

492
.0

FRA—Amtrak National Network Grants (including funding to states to help them pay their share of the cost of state-supported routes)

526
.0

FTA—Transit Infrastructure grants (for operating and capital expenses, to be distributed by existing formulas)

25,000
.0

OST—Essential Air Services (to offset the reduction, due to cancelled flights, in overflight fees that help pay for the EAS program)

56
.0

DOT Office of the Secretary—Administration

1
.8

DOT IG

5
.0

MARAD—Operations and Training

3
.1

MARAD—State Maritime Academy Operations

1
.0

Total

$36,085
.3

Source: Division B, Title 12 of P.L. 116-136.

Note: Totals may not add due to rounding.

Department of Housing and Urban Development

As shown in Table 4, the President's FY2020 budget requested a reduction of 18% relative to FY2019 in gross appropriations available for programs and activities. Conversely, the House bill proposed to provide an increase of 6.9% in gross appropriations for HUD in FY2020 relative to FY2019, and the Senate bill proposed an increase of 4.2%. The full-year FY2020 appropriations law increased gross appropriations for HUD's programs and activities by 5%.

Subsequent to enactment of the full-year regular appropriations law, the CARES Act (P.L. 116-136) provided an additional $12.4 billion in FY2020 funding to HUD programs and activities for pandemic relief purposes.

Table 4. Department of Housing and Urban Development, FY2019-FY2020

(dollars in millions)

Accounts

FY2019 Enacted

FY2020 Request

FY2020 House

FY2020 Senate

FY2020 Enacted

Appropriations

Salaries and Expenses (Mgmt. & Adm.)

1,379

1,400

1,369a

1,422

1,425

Tenant-Based Rental Assistance (Sec. 8 Housing Choice Vouchers)

22,598

22,238b

23,814a

23,833

23,874

Voucher Renewals (nonadd)

20,313

20,116

21,400

21,503

21,503

Administrative Fees (nonadd)

1,886

1,738

1,925

1,977

1,977

VASH (nonadd)

40

0

42a

40

40

FUP (nonadd)

20

0

40

20

25

Mobility Demonstration (nonadd)

25

0

25

0

25

Public Housing Capital Fund

2,775

0

2,855c

2,855

2,870

Public Housing Operating Fund

4,653

2,863

4,753

4,650

4,549

Choice Neighborhoods

150

0

300

100

175

Family Self Sufficiency

80

75

[105]d,a

[80]e

[80]f

Self Sufficiency Programsd,e,f

NA

NA

155a

130

130

Native American Housing Block Grants

755

600

NAg

NAe

NAf

Native American Housing Block Grants (nonadd)

646

598

[671]g

[646]e

[646]f

Competitive Grants (nonadd)

100

0

[100]g

[100]e

[100]f

Native American Programsg,e,f

NA

NA

860a

820

825

Indian housing loan guarantee

1

3

3

2

2

Native Hawaiian block grant

2

0

3

2

2

Housing, persons with AIDS (HOPWA)

393

330

410

330

410

Community Development Fund

3,365

0

3,600

3,325

3,425

CDBG Formula Grants

3,300

0

3,600

3,325

3,400

Indian Tribes

65

0

[80]g, a

[65]e

[70]f

HOME Investment Partnerships

1,250

0

1,750

1,250

1,350

Self-Help Homeownership

54

0

55

54

55

Self-Help and Assisted Homeownership Opportunity Program

10

0

10

10

10

Section 4 Capacity Building

35

0

40

35

36

Rural Capacity Building

5

0

5

5

5

Veterans Home Rehabilitation Pilot Program

4

0

0

4

4

Homeless Assistance Grants

2,636

2,599

2,806h,a

2,761h

2,777

Project-Based Rental Assistance (Sec. 8)

11,747

12,020b

12,590

12,560

12,570

Contract Renewals

11,502

11,676

12,245

12,215

12,225

Contract Administrators

245

345

345

345

345

Rental Assistance Demonstration

—

100

0

0

0

Housing for the Elderly (Section 202)

678

644

804i,a

696i

793

Housing for Persons with Disabilities (Section 811)

184

157

259

184

202

Housing Counseling Assistance

50

45

60

45

53

Manufactured Housing Fees Trust Fundj

12

12

13a

13

13

Rental Housing Assistance

5

3

3

3

3

Federal Housing Administration (FHA) Expensesj

130

150

130

130

130

Government National Mortgage Assn. (GNMA) Expensesj

28

28

28

31

32

Research and technology

96

87

98

96

98

Fair housing activities

65

62

75

65

70

Fair Housing Assistance Program (nonadd)

24

24

27

24

24

Fair Housing Initiatives Program (nonadd)

40

36

46

40

45

Office, lead hazard control

279

290

295a

290

290

Information Technology Fund

280

280

300

280

280

Inspector General

128

129

132

132

138

Gross Appropriations Subtotal

53,774

44,114

57,510

56,059

56,540

Offsetting Collections and Receipts

Manufactured Housing Fees Trust Fund

-12

-12

-13a

-13

-13

FHA

-7,550

-6,271

-6,251

-6,251

-6,251

GNMA

-2,004

-1,182

-1,182

-1,182

-1,182

Offsets Subtotal

-9,566

-7,465

-7,445

-7,446

-7,446

Rescissions

Section 237 Rescission of Indian Housing Loan Guarantee

<1

0

0

0

0

Rescission of Emergency Fundsk

0

k

0

-7k

-7k

Rescissions Subtotal

<1

0

0

-7

-7

Total Net Discretionary Budget Authority

44,208

36,649

50,064

48,606

49,087

Supplemental Disaster Relief Funding

4,111l

0

0

0

0

CARES Act Emergency Fundingm

12,423

Source: HUD FY2020 Congressional Budget Justifications and Comparative Statement of Budget Authority, pp. 170-189, in H.Rept. 116-106, adjusted to reflect floor amendments as reflected in the House-passed version of H.R. 3055; Comparative Statement of Budget Authority, pp. 175-186 in S.Rept. 116-109; P.L. 116-94, and H.Comm.Prt. 38-679; and P.L. 116-136.

Notes: Totals may not add due to rounding. Only selected set-asides are presented in this table. Figures include advance appropriations available in the fiscal year, rather than provided in the bill.

a. Amount changed by floor amendment.

b. Reflects estimated savings from a rescission of prior year emergency funding that would not affect total funding available for the year. See table note k for more details on the budgetary treatment of this rescission.

c. The House bill proposed funding two set-asides generally funded in this account—Resident Opportunities for Self-Sufficiency and Jobs-Plus—in a new Self Sufficiency Programs account.

d. The House bill included a new "Self Sufficiency Programs" account funded at $105 million for the Family Self Sufficiency Program, $35 million for Resident Opportunities for Self Sufficiency and $15 million for Jobs Plus, both of which are generally funded through set-asides in the Public Housing Capital Fund account.

e. The Senate bill adopted the House-proposed account restructuring.

f. The account restructuring included in the House and Senate bills was adopted in the final appropriations law.

g. The House bill proposed a new Native American Programs account, funding Native American Housing Block Grants, Indian CDBG, and the Tile VI Loan program.

h. The proposal in the House bill for the Homeless Assistance Grants included no less than $290 million for the Emergency Solutions Grants (ESG). The remainder of the funding, for the Continuum of Care program, included set asides to assist survivors of domestic violence ($50 million) and homeless youth ($106 million, an increase over the $80 million appropriated in FY2019). The Senate bill proposed no less than $280 million for ESG and would set aside $50 million and $80 million for survivors of domestic violence and homeless youth, respectively. The final FY2020 bill provided not less than $290 million for ESG, $50 million to serve survivors of domestic violence, and $80 million for homeless youth.

i. The House bill and Senate bill each proposed $10 million in the Housing for the Elderly account to assist low-income elderly households with home modifications. This amount was also included in the FY2019 appropriation. The final FY2020 bill also included $10 million for home modifications.

j. Some or all of the cost of funding these accounts is offset by the collection of fees or other receipts. Those offsets are shown later in this table.

k. The President's budget requested, and the Senate and final appropriations law approved, a rescission of emergency funding provided in prior years to HUD's tenant-based and project-based rental assistance accounts. The scoring of these savings was determined by the Congressional Budget Office to not result in savings for purposes of discretionary spending limits. (See the Congressional Budget Office, Status of Discretionary Appropriations, House of Representatives, report dated January 29, 2020, Table 1, note h, available at https://www.cbo.gov/system/files?file=2020-02/FY2020-House-2020-1-29.pdf). However, the Comparative Statements of Budget Authority used to prepare this report treated those savings differently. S.Rept. 106-109 and the final FY2020 appropriations law total shown in H.Comm.Prt. 38-679 reflect the rescission in the bill total and, in the President's Budget request column, reflect the rescission in the tenant-based and project-based rental assistance accounts. This table reflects the conventions of the source documents used.

l. Includes $1.68 billion provided by P.L. 115-254 and $2.431 billion provided by P.L. 116-20 to the Community Development Fund for CDBG-Disaster Relief grants.

m. See "CARES Act Funding" later in this report for more information, including account-level detail.

Selected HUD Issues

Grant Program Funding

The President's budget request for FY2020 again included a proposal to eliminate funding for several HUD grant programs that support various affordable housing and community development activities. Most notable among these are HUD's two largest block grant programs for states and localities, CDBG and HOME Investment Partnerships (HOME), as well as competitive grants funded in the Self-Help Homeownership Opportunity Program (SHOP) account (i.e., funding for sweat-equity programs, like Habitat for Humanity, and certain capacity-building programs). The HUD press release accompanying the budget request suggested that the activities funded by these grant programs should be devolved to the state and local levels.⁹

These grant programs were also slated for elimination in the President's FY2018 and FY2019 budget requests, although they were ultimately funded in each of those fiscal years. The House and Senate bills both included funding for each program, as did the final FY2020 appropriations law.

Rental Assistance Funding

Combined, HUD's rental assistance programs (tenant-based rental assistance, public housing, project-based rental assistance, and the Section 202 and Section 811 programs) serve roughly 4.7 million low-income individuals and families. Through the various programs, the federal government provides subsidies to allow families to pay low, income-based rents, generally set at 30% of a family's adjusted income.

The HUD press release accompanying the budget requests contended that the requested funding for the various rental assistance programs would be sufficient to continue to serve all currently assisted households.¹⁰ However, the President's budget documents assumed adoption of a set of rent reforms designed to increase tenant rents and therefore reduce federal subsidies that were proposed in 2018 but have seen no legislative action in Congress.¹¹ Like the House and Senate bills, the final FY2020 appropriations law did not adopt the proposed rent reforms, and instead provided increased funding for each of these programs.

Account Restructuring

Both the House and Senate bills proposed account restructurings that were adopted in the final FY2020 appropriations law. Specifically, programs previously funded as set-asides in other accounts or in stand-alone accounts were moved into two new accounts: the Self Sufficiency Programs account and the Native American Programs account. These changes make it more complicated to compare year-to-year totals across affected accounts and programs. Table 5 below provides a crosswalk of comparable numbers for comparison purposes.

Table 5. Comparison of Restructured HUD Accounts

(dollars in millions)

Accounts and Programs

FY2019 Actual

FY2020 Enacted

Change in FY2020

New or Affected Accounts

Self Sufficiency Programs Account

NA

130

New account

Native American Programs Account

NA

826

New account

Capital Fund Account (comparable)

2,725

2,870

Set-asides moved to new account

Community Development Fund Account (comparable)

3,300

3,420

Set-aside moved to new account

Native American Housing Block Grants Account

755

NA

Account eliminated; all programs moved to Native American Programs Account

Affected Programs

FSS Program

80

80

Moved from own account to Self Sufficiency Programs account

ROSS Program

35

35

Moved from Capital Fund to Self Sufficiency Programs account

Jobs-Plus Program

15

15

Moved from Capital Fund to Self Sufficiency Programs account

Native American Housing Block Grants Program (formula and competitive grants)

746

746

Moved from Native American Housing Block Grants account to Native American Programs account

Title VI Loan Guarantee Program

2

2

Moved from Native American Housing Block Grants account to Native American Programs account

Training and Technical Assistance for Tribes Program

7

7

Moved from Native American Housing Block Grants account to Native American Programs account

Indian CDBG Program

65

70

Moved from Community Development Fund account to Native American Programs account

Source: Table prepared by CRS based on H.Rept. 116-9 and H.Comm.Prt. 38-679.

Policy Provisions

The House bill includes a number of new General Provisions to block HUD's implementation of various administrative actions that have been considered controversial.

Section 234 would block HUD's implementation of a proposed rule to restrict the eligibility of certain families composed of members with varied immigration statuses from receiving housing assistance.¹²

Section 236 would block HUD from revising or repealing HUD rules related to equal access to housing based on sexual orientation and gender identity.

Section 237 would codify other HUD guidance related to transgender persons' access to emergency shelters in accordance with gender identity.

Section 238 would prevent HUD from altering its Annual Contributions Contracts (ACC) with PHAs used in the public housing program without going through a notice-and-rulemaking process.

The Senate bill did not include most of the provisions in the House bill, but did include several of its own new provisions.

Section 233, like Section 238 in the House bill, would block HUD's implementation of a ACCs unless mutually agreed upon with PHAs, but would not require notice and comment rulemaking.

Section 236 would provide additional funding flexibilities to Moving to Work agencies.

Section 237 would prohibit HUD from restricting Public Housing Authorities (PHAs) under federal receivership or monitoring from applying for lead hazard grant funding.

The full-year FY2020 appropriations law did not adopt most of the new provisions proposed in either of the House or Senate bill, but did include

Section 235, which, like Section 233 in the Senate bill and similar to Section 238 in the House bill, limits HUD's ability to implement new ACCs without mutual agreement by PHAs; and

Section 239, which, like Section 237 in the Senate bill, prevents HUD from restricting access to lead-based paint remediation funding for PHAs under receivership or a federal monitor.

CARES Act Funding

Division B of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136) provided $12.4 billion in additional FY2020 funding for several HUD programs and activities. The funds provided by the law are generally for one of three broad purposes: to provide additional resources to meet emerging needs, to support existing rental assistance programs, or to provide additional administrative capacity and oversight. Three-quarters of the funding can be considered new resources to meet emerging needs, with most of the remaining funding supporting rental assistance programs. For more information on these funds and their use, see CRS Insight IN11319, Funding for HUD in the CARES Act.

Table 6. CARES Act Funding for HUD

in millions

Accounts

CARES Act Funding

HUD Administrative Support Offices

35

HUD Program Offices

15

Tenant-Based Rental Assistance (Housing Choice Vouchers)

1,250

Administrative Fees

850

Housing Assistance Payments Adjustments

400

Public Housing Operating Fund

685

Native American Programs

300

Native American Housing Block Grant

200

Indian Community Development Block Grant

100

Housing for Persons with AIDS

65

Community Development Fund (CDBG)

5,000

Homeless Assistance Grants

4,000

Project-Based Rental Assistance (Project-based Section 8)

1,000

Housing for the Elderly (Section 202)

50

Housing for Persons with Disabilities (Section 811)

15

Fair Housing

3

Office of Inspector General (HUD OIG)

5

HUD Total

12,423

Source: Table prepared by CRS based on P.L. 116-136.

THUD Independent Agencies

Table 7. THUD Independent Agencies, FY2019-FY2020

(dollars in millions)

Related Agencies

FY2019 Enacted

FY2020 Request

FY2020 House

FY2020 Senate

FY2020 Enacted

Access Board

8

8

9a

9

9

Federal Maritime Commission

28

28

28

28

28

National Railroad Passenger Corporation (Amtrak) Office of Inspector General

23

23

23

23

24

National Transportation Safety Board

110

110

110

110

110

Neighborhood Reinvestment Corporation (NeighborWorks)

152

27

170

152

159

Surface Transportation Board

37

37

37

37

37

Offsetting Collections

-1

-1

-1

-1

-1

U.S. Interagency Council on Homelessness

4

1

4

4

4

Total

361

234

380

362

370

Source: FY2020 President's Budget documents and Comparative Statement of Budget Authority, pp. 170-189, in H.Rept. 116-106, adjusted to reflect floor amendments as reflected in the House-passed version of H.R. 3055; and Comparative Statement of Budget Authority, pp. 175-186 in S.Rept. 116-109; S.Rept. 116-109; and P.L. 116-94, and H.Comm.Prt. 38-679.

Note: Totals may not add due to rounding.

a. Amount changed by floor amendment.

Selected Independent Agencies Issues

NeighborWorks America

As in FY2018 and FY2019, the President's FY2020 budget included a request for legislation to begin the process of winding down federal funding for the Neighborhood Reinvestment Corporation (commonly known as NeighborWorks America), which was created via federal charter in 1978 to support affordable housing and neighborhood revitalization nationwide. The requested funding level of $27 million was intended to cover personnel, administrative, and other costs associated with winding down existing commitments. The House, Senate, and final FY2020 appropriations law all rejected this proposal, and NeighborWorks was ultimately funded in FY2020 at an increased level relative to FY2019.

USICH

Similar to NeighborWorks, the President's FY2020 budget, as in the prior two years' budgets, requested legislation to begin the process of winding down the U.S. Interagency Council on Homelessness (USICH), which was created in 1987 to coordinate across government agencies to reduce and end homelessness. The requested funding level was intended to cover salaries, benefits, and operational costs for permanently closing the agency. The USICH has a statutory sunset date—currently, October 1, 2028—that has generally been extended in annual appropriations acts. Congress did not adopt the President's request in the House, Senate, or final FY2020 appropriations law, instead providing increased funding for the USICH relative to FY2019 ($3.8 million in FY2020 compared to $3.6 million in FY2019).

Author Contact Information

Maggie McCarty, Specialist in Housing Policy ([email address scrubbed], [phone number scrubbed])

David Randall Peterman, Analyst in Transportation Policy ([email address scrubbed], [phone number scrubbed])

Footnotes

1.

302(b) allocations refer to the division of the overall spending allocation among the appropriation subcommittees.

2.

Federal Motor Carrier Safety Administration, "Final Rule: Electronic Logging Devices," 80 FR 78292, December 16, 2015, https://www.govinfo.gov/content/pkg/FR-2015-12-16/pdf/2015-31336.pdf.

3.

Division H, Title I, §131 of P.L. 116-94.

4.

Title I, §192 of H.R. 3163.

5.

45 U.S.C. 822(b)(3).

6.

Division H, Title I, §192 of P.L. 116-94.

7.

Title I, §145 of H.R. 3163. See CRS In Focus IF10871, Vehicle Fuel Economy and Greenhouse Gas Standards, for more information.

8.

In addition to support for federal transportation programs, Congress also provided assistance to the airline industry in the CARES Act, including $32 billion to air carriers for support of employment and up to $46 billion in business loans and loan guarantees.

9.

HUD, "Trump Administration Proposes 2020 HUD Budget: Spending plan preserves rental subsidies; increases homeless assistance and healthy housing," press release, March 11, 2019, https://www.hud.gov/press/press_releases_media_advisories/HUD_No_19_027.

10.

Ibid.

11.

See HUD FY2020 Congressional Budget Justifications, "Overview of Rental Assistance Programs," available at https://www.hud.gov/sites/dfiles/CFO/documents/2020CJ-OverviewOfRentalAssistancePrograms.pdf.

12.

For more information, see CRS Insight IN11121, HUD's Proposal to End Assistance to Mixed Status Families.