Department of Housing and Urban Development (HUD): FY2012 Appropriations

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Department of Housing and Urban

Development (HUD): FY2012 Appropriations

(name redacted), Coordinator

Specialist in Housing Policy

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Specialist in Housing Policy

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Analyst in Federalism and Economic Development Policy

(name redacted)

Analyst in Housing Policy

December 9, 2011

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R41700

CRS Report for Congress

Prepared for Members and Committees of Congress

Department of Housing and Urban Development (HUD): FY2012 Appropriations

Summary

The President’s FY2012 budget was released on February 14, 2011. It included a request for

nearly $47.9 billion in gross new appropriations for HUD in FY2012. After accounting for

rescissions of prior-year unobligated balances and offsets available from the Federal Housing

Administration (FHA) mortgage insurance programs, the President’s request for net new budget

authority for HUD in FY2012 totaled just over $42 billion. The President’s budget, which was

released prior to enactment of a final FY2011 appropriations law, included proposals for some

funding increases relative to FY2010 (Section 8 Tenant-Based Rental Assistance and ProjectBased Rental Assistance), and some funding decreases relative to FY2010 (public housing

operating fund, Community Development Block Grant program, HOME, and Section 202 and

811). However, in the case of almost all of the programs proposed for funding decreases relative

to FY2010, the President’s requested amount was higher than what was ultimately provided in the

FY2011 appropriations law. In total, the President’s funding request for HUD would have resulted

in a nearly $2.5 billion increase in gross new appropriations in FY2012 relative to FY2011.

However, because the President’s budget estimated a substantial increase (nearly $2 billion) in the

amount of offsetting receipts available from FHA in FY2012 relative to FY2011, the net budget

authority requested in the President’s budget would have represented an increase of only about

$600 million in FY2012 relative to FY2011.

While the House Appropriations Committee did not formally report an FY2012 Transportation,

HUD, and Related Agencies (THUD) bill, on September 7, 2011, the THUD subcommittee

released a draft version, including about $3 billion less in net funding for HUD than was provided

in FY2011 (about $1.4 billion less in gross appropriations). It was approved by the subcommittee

the next day.

On September 21, 2011, the Senate Appropriations Committee reported its FY2012 THUD

funding bill (S. 1596). It included about $4 billion less in net funding for HUD than was provided

in FY2011 (about $1.3 billion less in gross regular appropriations). On November 1, 2011, the

full Senate approved S.Amdt. 738 to H.R. 2112, the so-called Senate “Minibus.” It included

FY2012 appropriations for those agencies under the jurisdiction of the THUD subcommittee

(reflecting S. 1596) as well as two other subcommittees (Agriculture and Commerce-JusticeScience). Several HUD-related amendments were considered and adopted.

In mid-November, the House and Senate reported a conference agreement on the Minibus (H.R.

2112, H.Rept. 112-284), which was subsequently enacted by Congress and then signed into law

by the President on November 18, 2011 (P.L. 112-55). The final FY2012 appropriations law

provided about $37.3 billion in net funding for HUD, which is about 9% less than was provided

in FY2011. However, part of the decrease in net funding is attributable to increases in offsetting

receipts and rescission. Looking only at gross appropriations, total funding for HUD’s programs

was decreased by about 2%.

While not directly affecting HUD funding, the provisions in the Budget Control Act of 2011 (P.L.

112-25) relating to statutory discretionary budget caps and their enforcement through

sequestration could have implications for the amount of funding available for HUD in FY2012

and the future (see the Appendix for more information).

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Department of Housing and Urban Development (HUD): FY2012 Appropriations

Contents

Introduction to the Department of Housing and Urban Development (HUD)................................. 1

Overview and Trends in HUD Funding........................................................................................... 2

FY2011 ............................................................................................................................................ 7

FY2012 ............................................................................................................................................ 8

Status of FY2012 Appropriations .............................................................................................. 8

Final FY2012 HUD Appropriations, P.L. 112-55................................................................ 8

Senate Action ...................................................................................................................... 8

House Action....................................................................................................................... 8

President’s Budget Request................................................................................................. 9

Selected Accounts and Key Budget Issues .................................................................................... 11

Section 8 Tenant-Based Rental Assistance .............................................................................. 11

Public Housing ........................................................................................................................ 13

Operating Fund.................................................................................................................. 13

Capital Fund ...................................................................................................................... 14

HOPE VI/Choice Neighborhoods ..................................................................................... 14

PHA Compensation........................................................................................................... 15

Administrative Reforms to Rental Assistance Programs......................................................... 15

Transforming Rental Assistance .............................................................................................. 16

Community Development Block Grants (CDBG)................................................................... 16

Formula Grants.................................................................................................................. 17

CDBG Disaster Assistance................................................................................................ 18

Section 108: Restructuring ...................................................................................................... 19

Sustainable Communities ........................................................................................................ 20

HOME ..................................................................................................................................... 21

Self-Help and Assisted Homeownership Opportunity Program (SHOP) ................................ 22

Homelessness Assistance......................................................................................................... 23

Section 8 Project-Based Rental Assistance ............................................................................. 24

Section 202 and Section 811.................................................................................................... 24

Housing Counseling ................................................................................................................ 26

NeighborWorks America................................................................................................... 27

The Status of FHA................................................................................................................... 27

Credit Subsidy and Offsetting Receipts ............................................................................ 28

Financial Status and FHA Reforms ................................................................................... 29

FHA Loan Limits .............................................................................................................. 30

Figures

Figure 1. HUD (Non-emergency) Budget Authority, FY2002-FY2011 .......................................... 2

Figure 2. Components of HUD Funding, FY2002-FY2011 ............................................................ 4

Figure 3. Percent Change Since 2002 in Annual Appropriations for Section 8 Programs

Compared to All Other HUD Programs Combined ...................................................................... 5

Figure 4. Section 8 Appropriations (TBRA and PBRA), FY2002-FY2011 .................................... 6

Figure 5. FHA Receipts, FY2002-FY2011 ...................................................................................... 7

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Department of Housing and Urban Development (HUD): FY2012 Appropriations

Tables

Table 1. Department of Housing and Urban Development Appropriations,

FY2007-FY2011........................................................................................................................... 1

Table 2. Appropriations for HUD, FY2011-FY2012 ....................................................................... 9

Table 3. Detailed Table: Tenant-Based Rental Assistance, FY2011-FY2012................................ 12

Table 4. Community Development Fund and CDBG, FY2011-FY2012 ....................................... 19

Appendixes

Appendix. Related Legislation ...................................................................................................... 31

Contacts

Author Contact Information........................................................................................................... 33

Congressional Research Service

Department of Housing and Urban Development (HUD): FY2012 Appropriations

Introduction to the Department of Housing and

Urban Development (HUD)

Most of the funding for the activities of the Department of Housing and Urban Development

(HUD) comes from discretionary appropriations provided each year in the annual appropriations

acts enacted by Congress. HUD’s programs are primarily designed to address housing problems

faced by households with very low incomes or other special housing needs. These include several

programs of rental assistance for persons who are poor, elderly, and/or have disabilities. Three

rental assistance programs—Public Housing, Section 8 Vouchers, and Section 8 project-based

rental assistance—account for the majority of the department’s non-emergency funding (about

three-quarters of total funding in FY2010). Two flexible block grant programs—HOME and

Community Development Block Grants (CDBG)—help communities finance a variety of housing

and community development activities designed to serve low-income families. Other, more

specialized grant programs help communities meet the needs of homeless persons, including

those with AIDS. HUD’s Federal Housing Administration (FHA) insures mortgages made by

lenders to home buyers with low downpayments and to developers of multifamily rental buildings

containing relatively affordable units. FHA collects fees from insured borrowers, which are used

to sustain the insurance fund and offset its administrative costs. Surplus FHA funds have been

used to offset the cost of the HUD budget.

In recent years the HUD budget has also received significant amounts of emergency supplemental

funding. Almost $20 billion was provided through HUD’s budget for recovery assistance to

communities affected by Hurricane Katrina and the other hurricanes of 2005. The economic

stimulus legislation enacted in 2009 (P.L. 111-5) provided over $13 billion to HUD’s programs.

Table 1 presents total enacted appropriations for HUD over the past five years, including

emergency appropriations.

Table 1. Department of Housing and Urban Development Appropriations,

FY2007-FY2011

(net budget authority in billions of dollars)

FY2007

FY2008

FY2009

FY2010

FY2011

35.80a

47.66b

55.20c

46.16d

41.11

Source: Figures are taken from tables produced by the House Appropriations Committee.

Note: Final appropriations levels for any fiscal year include all supplemental appropriations or rescissions. They

do not reflect revised estimates of offsetting receipts. They include advance appropriations provided in the fiscal

year, not advance appropriations available in the fiscal year.

a.

Figure includes $7 million in emergency supplemental funding. Regular FY2007 appropriations totaled just

under $35.8 billion.

b.

Figure includes $3.22 billion (P.L. 110-116 and P.L. 110-252) in emergency supplemental funding in response

to the hurricanes of 2005 and $6.8 billion (P.L. 110-252 and P.L. 110-329) in emergency supplemental

funding for the disasters of 2008. Regular FY2008 appropriations totaled $37.64 billion.

c.

Figure includes $13.67 billion in emergency funding provided as fiscal stimulus by P.L. 111-5. Regular FY2009

appropriations totaled $41.5 billion.

d.

Figure includes $100 million in emergency funding provided by P.L. 111-212 for assistance in response to

disasters occurring in the spring and summer of 2010.

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Department of Housing and Urban Development (HUD): FY2012 Appropriations

Overview and Trends in HUD Funding

HUD’s budget authority (not including emergency supplemental funding, discussed later) has

increased by about 40% since 2002. As demonstrated by the line in Figure 1, the rate of growth

had increased in recent years. In FY2004 and FY2005, year-over-year growth was relatively flat

(under 2%), but, beginning in FY2006, HUD’s budget had year-over-year increases of 5% or

more each year, with growth of nearly 10% in FY2009 and nearly 12% in FY2010. The FY2011

appropriations act reversed the recent trend of increasing budget authority by decreasing HUD’s

budget authority by nearly 11% compared to FY2010.

Adjusting for inflation, the growth in “real” funding (shown by the gray bars in Figure 1) has

been less robust. Over the 10-year period, adjusting for inflation, HUD’s budget grew by about

15%. Through FY2008, the year-over-year growth never exceeded about 3.5%, and in two years

there were declines. Most of the growth over the previous 10 years came in two years: FY2009

and FY2010, although about half of that growth was eliminated with the reductions in FY2011.

Figure 1. HUD (Non-emergency) Budget Authority, FY2002-FY2011

In nominal dollars and in real (2011) dollars

$50

$45

$40

$35

Real

(inflationadjusted)

b illio n s

$30

$25

Nominal

$20

$15

$10

$5

$0

FY2002

FY2003

FY2004

FY2005

FY2006

FY2007

FY2008

FY2009

FY2010

FY2011

Enacted

Source: CRS analysis of congressional funding data contained in annual appropriations acts.

Notes: Real figures are presented in 2011 dollars, adjusted using the GDP chained index from the President’s

FY2012 budget request as well as the Congressional Budget Office’s estimate for FY2010, as presented in their

Budget and Economic Outlook: Fiscal Years 2011 to 2021. Figures are net budget authority figures, which include

appropriations, offsets, and rescissions.

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Department of Housing and Urban Development (HUD): FY2012 Appropriations

As shown in Figure 2, HUD’s funding is made up of several components. The components of

HUD’s annual funding, or budget authority, include regular annual appropriations, emergency

appropriations, rescissions, and offsets.1

HUD’s programs and activities are funded almost entirely through regular annual appropriations,

also referred to as discretionary appropriations.2 The amount provided in the annual

appropriations acts each year generally determines how much funding will be obligated and

eventually spent for each of HUD’s programs and activities.

In some years, Congress will also provide emergency appropriations, usually in response to

disasters, through one or more of HUD’s programs. These funds are generally provided outside of

the regular appropriations acts—often in emergency supplemental spending bills—and are

generally provided in addition to regular annual appropriations.

Congressional appropriators are generally subject to limits on the amount of new non-emergency

discretionary funding they can provide in a year. One way to stay within these limits is to provide

less in regular annual appropriations. Another way is to find offsets. A portion of the cost of

HUD’s regular annual appropriations acts is generally offset in two ways. The first is through

rescissions, or cancellations of unobligated or recaptured balances from previous years’ funding.

The second is through offsetting receipts and collections, generally derived from fees paid by

HUD partners or clients.

The interaction between new appropriations and offsets provided through rescissions, receipts,

and collections determines HUD’s total net budget authority. Net budget authority is also the

“cost” of the HUD budget, as estimated by the Congressional Budget Office (CBO) in its

scorekeeping process.3 The total amount of net budget authority provided to HUD each year,

while important for federal budgeting purposes, is not necessarily the best measure of the amount

of funding that is being provided for HUD’s programs and activities. Because of the role of

offsets, declining or increasing net budget authority does not necessarily mean declining or

increasing regular appropriations.

As shown by the line in Figure 2, which repeats the data shown by the line in Figure 1, net nonemergency budget authority for HUD increased 40% between FY2002 and FY2011, from over

$29 billion to over $41 billion. However, the overall increase in net new non-emergency budget

authority masks several important trends.

1

For more information, see CRS Report RS20095, The Congressional Budget Process: A Brief Overview, by (name red

acted).

2

According to Congressional Quarterly’s American Congressional Dictionary, discretionary appropriations are

defined as appropriations not mandated by existing law and therefore made available annually in appropriation bills in

such amounts as Congress chooses. The Budget Enforcement Act of 1990 defines discretionary appropriations as

budget authority provided in annual appropriation acts and the outlays derived from that authority, but it excludes

appropriations for entitlements.

3

According to Congressional Quarterly’s American Congressional Dictionary, scorekeeping is defined as the process

of calculating the budgetary effects of pending and enacted legislation and assessing its impact on applicable budgetary

targets, as required by the Congressional Budget Act of 1974.

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Department of Housing and Urban Development (HUD): FY2012 Appropriations

Figure 2. Components of HUD Funding, FY2002-FY2011

$60

Emergency

Appropriations

$50

Regular

Appropriations

(including

advance from

prior year)

Offsets

$40

billions

$30

$20

$10

Rescissions

$0

ted

En

ac

20

10

FY

20

11

FY

20

09

FY

20

08

FY

20

07

FY

20

06

FY

20

05

FY

20

04

FY

20

03

FY

FY

20

02

-$10

Net NonEmergency

Budget

Authority

Source: CRS analysis of congressional funding data contained in annual appropriations acts.

As noted earlier, between FY2002 and FY2010, HUD’s net non-emergency budget authority

increased by 57%. During that period, regular annual appropriations, which is the amount

provided by Congress to fund HUD’s programs and activities, grew by only 37% (shown by the

dark green bars in Figure 2). During the same period, the amount available in offsetting receipts

and collections and the amount rescinded, which Congress uses to reduce the cost of providing

new appropriations, declined by more than 70% and 96%, respectively (shown by the dark and

light red bars in Figure 2). In summary, from FY2002-FY2010, appropriations were increasing,

but the amount of offsets and rescissions available to offset the cost of those appropriations was

decreasing.

That trend was reversed in FY2011, when Congress cut the amount of appropriations relative to

FY2010 and, at the same time, the amount of available offsets increased. In terms of net budget

authority, HUD’s funding was cut by 11% in FY2011 compared to FY2010. However, regular

appropriations in FY2011 were only cut by about 4%. The difference between the cut in net

budget authority and appropriations is attributable to a 43% increase in offsets (discussed later in

this section).

The growth in regular appropriations during this period (shown by the dark green bars in Figure

2) is largely attributable to growth in HUD’s Section 8 tenant-based voucher and project-based

rental assistance programs, which combined are the largest component of the HUD budget. As

can be seen in Figure 3, from FY2002 to FY2011 appropriations for the combined Section 8

programs grew by 77%, while combined funding for all other HUD programs and activities

declined by about 6%. During this period, the Section 8 programs went from accounting for about

46% of HUD’s regular appropriations to accounting for over 60% of HUD’s regular

appropriations. As can be seen in the chart, for a number of years Section 8 funding grew while

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Department of Housing and Urban Development (HUD): FY2012 Appropriations

combined funding for all other HUD programs declined. In FY2008, FY2009, and FY2010,

combined funding for other HUD programs began to grow, but it declined sharply in FY2011.

Figure 3. Percent Change Since 2002 in Annual Appropriations for Section 8

Programs Compared to All Other HUD Programs Combined

90%

80%

Percent Change from FY2002.

70%

60%

Section 8

(PBRA and

TBRA)

50%

40%

All Other HUD

Programs

Combined

30%

20%

10%

0%

(10%)

(20%)

FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 FY2009 FY2010 FY2011

Source: CRS analysis of congressional appropriations documents.

Notes: Figures for HUD represent gross appropriations, not reduced for rescissions or offsets and not including

emergency appropriations. Figures for Section 8 include both tenant-based and project-based rental assistance.

Section 8 figures include advance appropriations available in the fiscal year and are reduced for rescissions of

funding from advance appropriations, but not rescissions of prior-year unobligated balances. TBRA: tenant-based

rental assistance; PBRA: project-based rental assistance.

As noted earlier, there are two Section 8 programs: tenant-based rental assistance (vouchers) and

project-based rental assistance. They were funded in the same account for many years, but since

FY2005 they have been funded separately. As is shown in Figure 3, appropriations for the

Section 8 programs combined have grown by nearly 80% from FY2002 to FY2011. However, it

is important to note that the rates of growth have not been the same across the two Section 8

programs. As shown in Figure 4, appropriations for the Section 8 project-based rental assistance

(PBRA) program grew by 75% from FY2005 to FY2011; appropriations for the Section 8 tenantbased rental assistance (TBRA) program, or Section 8 Housing Choice Voucher program, grew

only about one-third as much during that period, by about 24%. The growth in appropriations for

PBRA is largely attributable to the renewal of old project-based Section 8 contracts when they

expire. Those contracts were originally funded in the 1970s and 1980s with long-term

appropriations. The contracts typically require new annual appropriations in order to be renewed.

The vast majority of contracts are now funded with annual appropriations, but some expirations

continue to occur and require new appropriations each year.

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Department of Housing and Urban Development (HUD): FY2012 Appropriations

Figure 4. Section 8 Appropriations (TBRA and PBRA), FY2002-FY2011

FY2011

FY2010

FY2009

FY2008

TBRA

FY2007

PBRA

FY2006

Section 8 Total

FY2005

FY2004

FY2003

FY2002

$0

$5

$10

$15

$20

$25

$30

billions

Source: CRS analysis of congressional appropriations documents.

Notes: Section 8 figures include advance appropriations available in the fiscal year and are reduced for

rescissions of funding from advance appropriations, but not rescissions of prior-year unobligated balances.

As discussed earlier and shown in Figure 2, between FY2002 and FY2010 the amount of

offsetting receipts declined by about 70%. That decline was largely attributable to declines in

offsetting receipts available from the FHA mortgage insurance programs. The amount available

from FHA to offset the cost of new HUD appropriations had declined from a high of over $3.5

billion in FY2004 to well under $0.5 billion in FY2010. That trend completely reversed in

FY2011 when the amount of offsetting receipts from FHA increased to over $4 billion, the

highest level in a decade. The increase is attributable to FHA’s increasing market share following

the downturn in the economy, as well as to policy changes made by FHA that increased the fees

charged to new FHA-insured borrowers.4

4

See the discussion of the House budget resolution in the Appendix for more information about a proposal to change

the way FHA offsets are calculated, which would potentially result in much lower receipt estimates.

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Department of Housing and Urban Development (HUD): FY2012 Appropriations

Figure 5. FHA Receipts, FY2002-FY2011

$4.5

$4.0

$3.5

billions

$3.0

$2.5

$2.0

$1.5

$1.0

$0.5

$FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 FY2009 FY2010 FY2011

enacted

Source: CRS analysis of congressional appropriations documents.

FY2011

When no FY2011 appropriations legislation was enacted before the beginning of the fiscal year

(October 1, 2010), the 111th Congress enacted a series of continuing resolutions (CRs) that

continued funding at the FY2010 level for most accounts in the federal budget (including all of

the accounts in HUD’s budget). The final CR of the 111th Congress, P.L. 111-322, was slated to

expire at the earlier of March 4, 2011, or enactment of FY2011 appropriations legislation. In

addition to continuing funding for HUD programs, P.L. 111-322 also extended, through the end of

FY2011, FHA mortgage limit increases that would otherwise have expired in December 2010.

In the week before funding under P.L. 111-322 was scheduled to expire, the 112th Congress

approved a short-term CR (H.J.Res. 44, P.L. 112-4) to fund the government through March 18,

2011. This short-term CR continued funding for all HUD programs at their FY2010 levels except

for the Community Development Fund, which was reduced to eliminate funding for Economic

Development Initiative (EDI) and Neighborhood Initiative (NI) earmarks.

In the week before funding under P.L. 112-4 was scheduled to expire, Congress approved another

short-term CR, which continued funding through April 8, 2011 (H.J.Res. 48, P.L. 112-6). It

maintained funding at the FY2010 levels for most HUD programs, but, like H.J.Res. 44, it

provided no funding for EDIs and NIs. Further, P.L. 112-6 includes no funding for HUD’s

Brownfields Redevelopment program. Congress enacted one final short-term continuing

resolution (P.L. 112-8), before enacting a final FY2011 appropriations law.

On April 15, 2011, the Department of Defense and Full-Year Continuing Appropriations Act of

2011 was signed into law (P.L. 112-10). Division A provided year-long FY2011 appropriations for

the Department of Defense; Division B provided year-long FY2011 appropriations for the

remaining government agencies, including HUD. It funded some HUD programs at FY2010

levels, but it reduced funding for other programs and increased funding for the two Section 8

programs. The act also included an across-the-board 0.2% rescission from all non-defense

discretionary accounts, including those in HUD’s budget.

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Department of Housing and Urban Development (HUD): FY2012 Appropriations

The law provided $41.1 billion in net new budget authority for HUD, a decrease of about 11%

from the FY2010 enacted level. However, the decrease in net new budget authority only

represented a 4% decrease in appropriations for HUD programs in aggregate, due to a substantial

increase in offsetting collections and receipts from the FHA mortgage insurance programs from

FY2010 to FY2011.

FY2012

Status of FY2012 Appropriations

Final FY2012 HUD Appropriations, P.L. 112-55

The Consolidated and Further Continuing Appropriations Act of 2012 (H.R. 2112, P.L. 112-55)

was signed into law on November 18, 2011. The law provides year-long appropriations for

several government agencies, including HUD, and provides continuing appropriations through

December 16, 2011, for the remaining government agencies. In terms of funding for HUD, the act

provides about $37.3 billion in net funding for HUD, which is about 9% less than was provided in

FY2011. However, part of the decrease in net funding is attributable to increases in offsetting

receipts and rescission. Looking only at gross appropriations, total funding for HUD’s programs

was decreased by about 2%.

Senate Action

On September 21, 2011, the Senate Appropriations Committee reported an FY2012 THUD

funding bill (S. 1596). It included about $3 billion less in net budget authority (reflecting

increased offsetting receipts) and about $1.3 billion less in regular appropriations (not reflecting

rescissions) for HUD than was provided in FY2011.

On October 20, 2011, the Senate began consideration of the provisions of S. 1596 as a part of the

so-called “Minibus.” The Minibus, S.Amdt. 738 to H.R. 2112, includes FY2011 appropriations

for those agencies under the jurisdiction of the THUD subcommittee (reflecting S. 1596) as well

as two other subcommittees (Agriculture and Commerce-Justice-Science).

The bill was approved by the full Senate on November 1, 2011.

House Action

The House Appropriations Committee did not formally report an FY2012 THUD bill; however,

on September 7, 2011, the THUD subcommittee released a draft version of its unnumbered bill,

which was approved by the subcommittee the next day. According to the subcommittee’s press

release, the bill included about $3 billion less for HUD than was provided in FY2011 and $4

billion less than was requested by the President. The subcommittee also released a draft

committee report and summary table.

The draft bill was not formally introduced.

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Department of Housing and Urban Development (HUD): FY2012 Appropriations

President’s Budget Request

In February 2011, the President released his budget request for FY2012. It included a request for

nearly $47.9 billion in gross new appropriations for HUD in FY2012. After accounting for

rescissions of prior-year unobligated balances and offsets available from the Federal Housing

Administration (FHA) mortgage insurance programs, the President’s request for net new budget

authority for HUD in FY2012 totaled over $42 billion.

Table 2 includes an account-by-account comparison of the President’s request and the final

FY2012 law.

Table 2. Appropriations for HUD, FY2011-FY2012

(in billions of dollars)

Accounts

FY2011

enacted

FY2012

Request

1.315

1.350

FY2012 House

(Draft—See

Note)

FY2012

Senate

FY2012

enacted

1.233

1.350

1.332

18.914a

Appropriations

Management and Administration

Tenant Based Rental Assistance (Section 8

vouchers)

18.371

19.223

18.468

18.872a

Housing Certificate Fund

0.000

0.050

0.050

0.000

0.000

Transforming Rental Assistance

0.000

0.200

0.000

0.000

0.000

Public housing capital fund

2.040

2.405

1.532

1.875

1.875

Public housing operating fund

4.617

3.962

3.862

3.962

3.962

Choice Neighborhoods

0.000

0.250

0.000

0.120

0.120

HOPE VI

0.100b

0.000

0.000

0.000

0.000

Native American housing block grants

0.649

0.700

0.649

0.650

0.650

Indian housing loan guarantee

0.007

0.007

0.006

0.007

0.006

Native Hawaiian Block Grant

0.013

0.010

0.000

0.013

0.013

Native Hawaiian loan guarantee

0.001

0.000c

0.000

0.000

0.000

Housing, persons with AIDS (HOPWA)

0.334

0.335

0.334

0.330

0.332

Community Development Fund

(including CDBG)

3.501

3.781

3.501

3.001

3.308

Sustainable Communities

0.000

0.150

0.000

0.000

0.000

Section 108 loan guarantee; subsidy

0.006

0.000c

0.007

0.005

0.006

HOME Investment Partnerships

1.607

1.650

1.200

1.000

1.000

Self-Help Homeownership

0.082

0.050

0.049

0.057

0.054

Homeless Assistance Grants

1.901

2.372

1.901

1.901

1.901

Project Based Rental Assistance (Section 8)

9.265

9.429

9.429

9.419

9.340

Housing for the Elderly

0.399

0.757

0.600

0.370

0.375

Housing for Persons with Disabilities

0.150

0.196

0.196

0.150

0.165

Housing Counseling Assistance

0.000

0.088

0.000

0.060

0.045

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Department of Housing and Urban Development (HUD): FY2012 Appropriations

FY2011

enacted

FY2012

Request

Manufactured Housing Fees Trust Fund

0.016

0.014

Rental Housing Assistance

0.040

FHA Expenses

FY2012 House

(Draft—See

Note)

FY2012

Senate

FY2012

enacted

0.000

0.009

0.007

0.016

0.016

0.001

0.001

0.215

0.239

0.216

0.207

0.207

GNMA Expenses

0.011

0.030

0.019

0.020

0.020

Research and technology

0.048

0.057

0.048

0.046

0.046

Fair housing activities

0.072

0.072

0.072

0.071

0.071

Office, lead hazard control

0.120

0.140

0.120

0.120

0.120

Working capital fund

0.200

0.243

0.218

0.192

0.199

Inspector General

0.125

0.126

0.115

0.125

0.124

Transformation Initiative-Combating Mortgage

Fraud

0.071

0.000

0.050

0.000

0.050

Appropriations Subtotal (including advances

provided in current year for subsequent year)

45.274

47.902

43.890

43.933

44.241

Housing Certificate Fund

0.000

-0.050

-0.050

-0.200

-0.200

TBRA Prior Year Advance Rescission

0.000

0.000

0.000

-0.750

-0.650

Rental housing assistance rescission

-0.041

-0.007

-0.007

-0.232

-0.232

Rescissions Subtotal

-0.041

-0.057

-0.057

-1.182

-1.082

Manufactured Housing Fees Trust Fund

-0.007

-0.007

0.000

-0.004

-0.004

Federal Housing Administration (FHA)

-3.386d

-5.113

-5.113

-5.177

-5.172

GNMA

-0.729d

-0.645

-0.645

-0.651

-0.650

Offsets Subtotal

-4.122

-5.765

-5.758

-5.832

-5.826

Emergency CDBG

0.000

0.000

0.000

0.400

0.100

Emergency Subtotal

0.000

0.000

0.000

0.400

0.100

Authorized Budget Authority, Excluding

Emergency Funding

41.111e

42.080

38.076

36.919

37.334

Available Budget Authority, Excluding

Emergency Funding (adjusted for advances)

41.096

42.080

38.076

36.919

37.334

Authorized Budget Authority, Including

Emergency Funding

41.111

42.080

38.076

37.319

37.434

Available Budget Authority, Including

Emergency Funding (adjusted for advances)

41.096

42.080

38.076

37.319

37.434

Accounts

Rescissions

Offsetting Collections and Receipts

Emergency Funding

Totals

Source: Table prepared by CRS based on information available in H.Rept. 112-284 (for FY2011 enacted, FY2012

request, and FY2012 enacted), S.Rept. 112-83 (for FY2012 Senate), and draft documents available on the House

Appropriations Committee website (for FY2012 House Draft).

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Note: FY2012 House Draft figures are CRS estimates based on the information contained in draft documents

posted on the House Appropriations Committee website: http://appropriations.house.gov/UploadedFiles/

FY_2012THUD.bill_xml.pdf. Totals shown in this table may not match those in summary documents due to

differences in assumptions.

a.

This amount includes the advance appropriation provided for FY2013. The advance appropriations provided

for FY2012 will be reduced by the amount shown under “TBRA Prior Year Advance Rescission” later in this

table. Therefore, the amount available for the TBRA account in FY2012 will be the amount shown here, less

the amount of the rescission ($750 million proposed by the Senate, $650 million in the final law).

b.

Includes a $65 million set-aside for a Choice Neighborhoods demonstration.

c.

The President’s budget requested a new fee structure for this account, which would eliminate the need for

appropriations.

d.

Totals include CBO’s estimates of increased offsetting receipts resulting from increased loan limits

authorized in Section 145 of P.L. 111-242.

e.

Totals shown here differ from totals shown in committee documents by $8 million because of a difference

in the treatment of advance appropriations in the tenant-based rental assistance account.

f.

Includes an additional $9 million payment to the manufactured housing fee trust fund.

Selected Accounts and Key Budget Issues

Section 8 Tenant-Based Rental Assistance

The Section 8 Housing Choice Voucher program is funded through the tenant-based rental

assistance account; it is both the largest assistance program administered by HUD and the largest

account in HUD’s budget. Most of the funding provided to the account each year is for the annual

renewal of the roughly 2 million vouchers that are currently authorized and being used by

families to subsidize their housing. The account also provides funding for the administrative costs

incurred by the PHAs that administer the program. The account is funded using both current-year

appropriations and advance appropriations provided for use in the following fiscal year.5 (For

more information about the program, see CRS Report RL34002, Section 8 Housing Choice

Voucher Program: Issues and Reform Proposals, by (name redacted).)

5

For more information about advance appropriations, see CRS Report RS20441, Advance Appropriations, Forward

Funding, and Advance Funding, by (name redacted).

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Table 3. Detailed Table:Tenant-Based Rental Assistance, FY2011-FY2012

(in billions)

Section 8 Tenant-Based Rental

Assistance

FY2011

enacted

FY2012

request

FY2012

House Draft

FY2012

Senate

FY2012

Conf.

Total Provided in Bill

(available in CY2012)

18.379

19.223

18.468

18.872

18.914

Total Available in FY

18.371

19.223

18.468

18.122

18.264

Current Year Budget Authority

14.379

15.223

14.468

14.872

14.914

Advance Appropriation provided

for next FY

4.000

4.000

4.000

4.000

4.000

Advance Appropriation available

for current FY

3.992

4.000

4.000

3.250

3.350

Rescission from advance for

current FY (reflected above)

0.000

0.000

0.000

-0.750

-0.650

16.669

17.144

17.044

17.144a

17.242a

0.150

0.135

0.135

0.103

0.103

Administrative fees

1.447

1.648

1.100

1.400

1.350

Set-Aside Fees

0.050

0.050

0.050

0.050

0.050

Family Self Sufficiency (FSS)

Coordinators

0.060

0.060

0.060

0.060

0.060

Tenant Protection Vouchers

0.110

0.075

0.075

0.075

0.075

Veterans Affairs Supported Housing

0.050

0.075

0.075

0.075

0.075

Section 811 Voucher Renewals

0.035

0.114

0.114

0.114

0.112

Homeless Voucher Demonstration

0.000

0.057

0.000

0.005

0.000

Disaster Housing Assistance-Ike and

Gustav

0.000

0.050

0.000

0.000

0.000

Details

Budget Authority for Voucher Renewals

Reserve Set-Aside

Source: Table prepared by CRS based on information available in H.Rept. 112-284 (for FY2011 enacted, FY2012

request, and FY2012 enacted), S.Rept. 112-83 (for FY2012 Senate), and draft documents available on the House

Appropriations Committee website (for FY2012 House Draft).

a.

Amount shown is amount pre-rescission. Post-rescission, the amount available for renewals in CY2012 is

$16.592 billion (Senate level would have been $16.394 billion). See discussion following table for more

details about the implementation of the rescission.

The President’s budget requested over $19.2 billion for Section 8 vouchers in FY2012, which is

over $800 million more than was provided in FY2011. The President’s budget documents

indicated that the amount requested would be sufficient to fund all existing vouchers expected to

be in use by families in FY2012. It also requested funding to create new vouchers to serve

homeless veterans, families involved in the child welfare system, and new interagency

collaborative demonstrations between HUD and other agencies for homeless and at-risk families

with children and persons with disabilities. (For more information on the President’s request for

funding for new vouchers to serve homeless veterans, homeless and at-risk families with children,

and homeless individuals with disabilities, see the “Homelessness Assistance” section later in this

report.)

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P.L. 112-55 provides $18.9 billion for the tenant-based rental assistance account, of which $17.2

billion is for voucher renewals. While the amount provided for renewals in FY2012 would appear

to be higher than the amount provided in FY2011, the law rescinds $650 million from the

advance appropriation provided in FY2011 for use in FY2012. As a result, the total amount of

funding available for the TBRA account in CY2012—the program is funded and managed in a

calendar year cycle—is $18.3 billion, of which $16.6 billion is for voucher renewals. In order to

offset the impact of the lower funding level attributable to the rescission, the law directs the

Secretary of HUD to reduce the funding allocation to those PHAs with excess balances in their

reserve accounts (referred to as net restricted assets, or NRA). The intent of this offset is to

require PHAs to spend down their reserves equivalent to the rescission so that total funding for

the program in CY2012 is equivalent to the pre-rescission funding level.

This funding mechanism—a rescission from the advance appropriations offset against agency

reserves—has been used in prior years, most recently in FY2009. The Senate bill, S. 1596, had

proposed a similar strategy, although the rescission would have been $100 million higher. The

House draft did not propose such a rescission.

Public Housing

The public housing program provides publicly owned and subsidized rental units for very lowincome families. Created in 1937, it is HUD’s oldest housing assistance program, and arguably

HUD’s most well-known assistance program. (For more information, see CRS Report R41654,

Introduction to Public Housing, by (name redacted).) Although no new public housing

developments have been built for many years, Congress continues to provide funds to the more

than 3,100 public housing authorities (PHAs) that own and maintain the existing stock of more

than 1 million units. Public housing receives federal funding under three accounts, which, when

combined, result in public housing being the third-largest funded program in HUD’s budget

(following the two Section 8 programs, discussed later in this report). Through the operating

fund, HUD provides funding to PHAs to help fill the gap between tenants’ contributions toward

rent and the cost of ongoing maintenance, utilities, and administration of public housing. Through

the capital fund, HUD provides funding to PHAs for large capital projects and modernization

needs. HOPE VI is a competitive grant program that provides funding to help demolish and/or

redevelop severely distressed public housing developments, with a focus on building mixedincome communities.

Operating Fund

In terms of public housing operating funding, the President’s FY2012 budget requested a 14%

reduction compared to the final FY2011 funding law. The amount requested was less than what

would be needed to “fully fund” the amount PHAs would be eligible to receive under the

operating fund formula (a proration of about 80%).

The President’s budget proposed to supplement the requested funding level by offsetting the

funding allocations to certain PHAs (those that have reserves above a certain level). Under the

proposal, PHAs would not have received an even proration level of 80%; instead, PHAs with

large reserves would receive less than 80% of the funding allocation for which they are eligible,

and PHAs without large reserves would receive more than 80%. This proposal would effectively

force certain PHAs to supplement their reduced funding level by spending down their reserves.

The President’s budget requested the authority to offset about $1 billion in funding to PHAs with

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Department of Housing and Urban Development (HUD): FY2012 Appropriations

high reserve levels. Adding together the amount of funding requested and assuming the use of

$1 billion in reserves, the overall resources available for the program would be close to 100% of

formula eligibility.

The proposed offset was opposed by PHA industry groups, which contended that the reserves are

important assets for those PHAs that have them and that the proposal punishes PHAs that have

managed their funding well.6 HUD contended that, in a limited funding environment, this strategy

ensures higher funding levels for those PHAs without the reserves necessary to offset funding

reductions.7

The final FY2012 HUD funding law funds the operating fund at the President’s requested level. It

includes the requested authority to reduce funding to PHAs with large reserves, but caps that

offset at $750 million. The final FY2012 funding law matches what was included in the Senatepassed HUD appropriations bill; the House draft bill had proposed $100 million less than what

had been requested by the President and had included a modified version of the offset language.

Capital Fund

In terms of public housing capital funding, the President’s FY2012 budget requested $2.4 billion,

about a $100 million decrease compared to FY2010 (a 4% decrease). However, the amount

requested by the President was a nearly 19% increase compared to the amount provided in

FY2011 ($2 billion). HUD’s budget documents note that the department feels that capital funding

alone will not be sufficient to meet the backlog of unmet capital needs in public housing, and that

the department is pursuing its Transforming Rental Assistance initiative in order to help PHAs

leverage private capital. (See “Transforming Rental Assistance” later in this report.)

The final FY2012 appropriations law provides less than $1.9 billion for the capital fund. This is

the same amount that was proposed by the Senate, but more than $200 million above the amount

included in the draft House bill.

HOPE VI/Choice Neighborhoods

As in FY2010 and FY2011, the President’s FY2012 budget requested no new funding for HOPE

VI; instead, it requested $250 million for the Choice Neighborhoods Initiative. Choice

Neighborhoods was a new Obama Administration proposal in the FY2010 budget. It is modeled

after the HOPE VI program, which provides competitive grants to PHAs to revitalize severely

distressed public housing. The Choice Neighborhoods Initiative broadens the scope of HOPE VI

by offering competitive grants to revitalize severely distressed neighborhoods, not limited to

public housing. In addition to PHAs, local governments, nonprofits, and for-profit developers

would be eligible to compete for the funding. In FY2010, Congress provided $200 million to the

HOPE VI account, but set aside up to $65 million for a Choice Neighborhoods demonstration.

The FY2011 appropriations law reduced the funding level for the HOPE VI account to $100

million, but maintained the Choice Neighborhoods set-aside.

6

See Council of Large Public Housing Authorities (CLPHA) Issue Brief on Operating Reserves, available from

http://www.clpha.org/articledetail/?aid=233.

7

See Written Testimony of Sandra B. Henriquez, Assistant Secretary for the Office of Public and Indian Housing, U.S.

Department of Housing and Urban Development (HUD), Hearing before the House Appropriations Subcommittee on

Transportation, Housing and Urban Development, and Related Agencies, May 25, 2011.

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Department of Housing and Urban Development (HUD): FY2012 Appropriations

The final FY2012 HUD appropriations law provides $120 million for Choice Neighborhoods and

no funding for HOPE VI. However, the law requires that $80 million of the amount provided be

used for public housing.

PHA Compensation

P.L. 112-55, the final FY2012 appropriations law, contains a provision limiting the use of funds

provided under the act for PHA staff salaries. Specifically, the act prohibits the use of funding

appropriated under the act for the public housing program or Section 8 tenant-based voucher

program for any PHA staff salaries above level IV of the federal Executive Schedule. A similar,

but broader, provision was included in the House draft bill; no similar provision was included in

the Senate bill, or in the President’s request.

Administrative Reforms to Rental Assistance Programs

The President’s budget included a request for several statutory changes that would affect HUD’s

rental assistance programs, including the public housing and Section 8 programs. Specifically,

HUD asked for language that would

•

broaden the definition of “extremely low-income” to reflect the higher of 30% of

area median income or the poverty thresholds published by the Department of

Health and Human Services (HHS);

•

revise the deductions from income used to calculate rent for elderly or disabled

families by increasing the standard deduction and increasing the threshold for

deducting medical or related costs;

•

permit the income of “fixed-income” families to be recertified every three years

instead of every year;

•

allow higher voucher payment standards for persons with disabilities;

•

permit HUD to make revisions to the way Fair Market Rent is calculated; and

•

permit HUD to run a demonstration to test different models for setting rent in

rental assistance programs.

Versions of these provisions were included in Section 8 voucher reform legislation considered in

the 111th Congress.8 HUD estimated that these changes would result in an overall reduction in the

cost of HUD rental assistance programs.

The final FY2012 HUD appropriations law did not include these proposed policy changes. The

Senate bill had included them, whereas the House draft bill had not.

8

For more information about Section 8 voucher reform legislation, see CRS Report RL34002, Section 8 Housing

Choice Voucher Program: Issues and Reform Proposals, by (name redacted).

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Department of Housing and Urban Development (HUD): FY2012 Appropriations

Transforming Rental Assistance

President Obama’s FY2012 budget again requested funding for a new “Transforming Rental

Assistance” initiative, which was initially proposed in the FY2011 budget request. The initiative

is designed to streamline HUD’s multiple rental assistance programs in order to permit owners of

HUD-assisted properties to better leverage outside resources. Specifically, the $200 million

requested was to be used to transfer a variety of HUD-assisted housing units with project-based

rental assistance from their existing subsidy types to a new form of project-based rental

assistance. For FY2012, HUD proposed that TRA be treated as a demonstration, called the

“Rental Assistance Demonstration (RAD)” with a rigorous assessment component, under which

up to 236,000 units of public housing and other rent-assisted units owned by private property

owners could convert to long-term Section 8 contracts or project-based Section 8 vouchers.

According to HUD’s budget documents, the demonstration would test conversion under RAD as a

tool for preserving public and other assisted housing. Further, this new form of rental assistance

would feature tenant portability, meaning that families living in units receiving this new form of

project-based rental assistance would have the option to take their subsidies with them if they

choose to move to a new unit of private market housing.

The final FY2012 appropriations law includes language authorizing a modified version of RAD.

It will permit up to 60,000 units of public housing and/or Section 8 moderate rehabilitation

properties to convert to a project-based Section 8 contract. The law does not contain any direct

funding for the demonstration, but does permit HUD to transfer funds from public housing and

Section 8 accounts to cover the costs of the conversion. The enacted version of RAD does not

specifically include the portability provisions requested in the budget request. The Senate bill had

included a version of RAD; the House draft bill had not.

P.L. 112-55 also included an assisted housing preservation provision which permits the projectbasing of certain tenant protection vouchers.

Community Development Block Grants (CDBG)

The Community Development Fund (CDF) account funds the CDBG program and several other

set-asides. The CDBG program, which was first authorized under Title I of the Housing and

Community Development Act of 1974 (P.L. 93-383, 42 U.S.C. 5301 et seq.), is the largest source

of federal financial assistance in support of state and local neighborhood revitalization, housing

rehabilitation, and economic development activities. For FY2010, CDBG formula funds were

awarded to approximately 1,151 entitlement communities, the 50 states, the District of Columbia,

Puerto Rico, and the insular areas of Guam, the Virgin Islands, American Samoa, and the Mariana

Islands. CDBG assistance may be used to fund eligible activities that meet one of three national

objectives:

•

to principally benefit low- and moderate-income persons,

•

to aid in eliminating or preventing slums or blight, or

•

to address an imminent threat to the health and safety of the public.

The Administration’s FY2012 budget recommended a total funding level of $3.781 billion for

programs funded under the CDF account. The proposed funding level represented about an 8%

increase above the $3.501 billion appropriated for FY2011. The Administration’s FY2012 budget

also proposed restructuring the CDF account by minimizing, through transfer or termination,

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Department of Housing and Urban Development (HUD): FY2012 Appropriations

activities not directly related by authorizing statute to the CDBG program. The Administration’s

budget proposed to

•

eliminate funding for the Neighborhood Initiative (NI) and Economic

Development Initiative (EDI) programs;

•

eliminate funding for Section 107 (university programs) activities;

•

transfer its Sustainable Communities Initiative (SCI) to a new stand-alone

account.

Formula Grants

For FY2012, the Administration requested an 11.5% increase in funding for the CDBG formula

component of the CDF account, from $3.296 billion appropriated in FY2011 to $3.668 billion,

including grants to insular areas. It also sought to fund CDBG grants for Indian tribes at $65

million, as required by the CDBG program’s authorizing statute.

In addition, the Administration requested $25 million for Rural Innovation Grants and $23 million

for Guam beyond the amount it would have received as an insular area grantee. Rural Innovation

Funds would have been awarded competitively and targeted to rural areas whose populations do

not exceed 20,000 persons to support innovative housing and economic development efforts,

while assistance to Guam was intended to address community development needs arising from

the relocation of military facilities and personnel to the island.

As in previous years, the Administration’s budget did not include funding for Economic

Development Initiatives and Neighborhood Initiatives grants, two programs subject to

congressional earmarks. The Administration stated that it opposed earmarking NI and EDI funds.

The House draft bill recommended $3.501 billion for CDF activities, including $3.466 billion for

CDBG formula grants to states, local governments, and insular areas; and $35 million for Indian

tribes. Although the subcommittee-approved draft bill would have maintained overall CDF

appropriations at the FY2011 funding level, the accompanying draft report noted that the report

accompanying H.Con.Res. 34, the FY2012 Budget Resolution, recommended eliminating the

program on the grounds that it was not a core federal government function. While the report

accompanying the THUD draft bill did not eliminate funding for the CDBG program, it did note

that “states and local communities can and should undertake more of their community

development activities using state and local taxes. Such a shift will provide better transparency

and accountability of local officials, who use taxpayer dollars on local community development

activities.”9

The House draft bill would have shifted CDF funding priorities, including eliminating funding for

the Administration’s Sustainable Communities Initiative, and reducing funding for CDBG Indian

Tribes from $64 million appropriated in FY2011 to $35 million. In addition, the bill included a

provision that recommended lowering the ceiling on the percentage of funds grantees could use to

9

U.S. Congress, House Committee on Appropriations, Subcommittee on Transportation, Housing and Urban

Development, and Related Agencies, Department of Transportation, Housing and Urban Development, and Related

Agencies, draft report to accompany un-numbered draft bill, 112th Cong., 1st sess., 2011, p. 85. at

http://appropriations.house.gov/UploadedFiles/FY_2012THUDReport.pdf.

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Department of Housing and Urban Development (HUD): FY2012 Appropriations

cover CDBG administrative expenses from the current 20% to 10% of the grantee’s CDBG

allocation.

The Senate bill recommended a substantial reduction in the CDF account. Overall CDF funding

would have declined to $3.0 billion, excluding $400 million for CDBG supplemental disaster

assistance. The proposed $3 billion appropriations level for CDF activities was $500 million less

than appropriated for FY2011 or the House subcommittee draft bill, and about $800 million less

than requested by the Administration. The Senate bill recommended $2.851 billion for CDBG

formula funding.

The final FY2012 HUD appropriations law, P.L. 112-55, appropriated $3.408 billion for CDF

activities, and with the exception of $400 million in CDBG disaster assistance, the act

appropriated funds only for core CDBG programs, specifically, $60 million for Indian Tribes, and

$2.948 billion for formula grants to states, entitlement communities, and insular areas. The

$2.948 billion for CDBG formula grants is about 12% less than appropriated in FY2011, 20% less

than requested by the President, and 15% less than recommended by the House, but about 3%

more than recommended by the Senate.

P.L. 112-55 did not include

•

a provision included in the Senate version of H.R. 2112, which would have

prohibited the use of federal grants, such as CDBGs, from being used to repay

other federal loans, such as CDBG Section 108 loan guarantees; and

•

a provision recommended in the House draft bill that would have reduced the

percentage of CDBG funds a grantee could use for administrative expenses from

20% to 10%.

The act does include a provision directing the Government Accountability Office (GAO) to

undertake a study of the effectiveness of the two block grant programs (CDBG and HOME)

administered by HUD’s Office of Community Planning and Development (CPD). The study is to

be completed and presented to Congress within 180 days following the enactment of P.L. 112-55.

The act also directs HUD to submit to Congress, within 120 days following the passage of the act,

a progress report on efforts the department has undertaken to improve grantee accountability in

the management of programs administered by CPD. In addition, the conference report directs

HUD to undertake an analysis of the extent to which CDBG funds are being used to meet the

matching fund requirements of other federal programs.

CDBG Disaster Assistance

In addition to the regular CDBG appropriations for FY2012, P.L. 112-55 includes $400 million in

CDBG supplemental disaster assistance. Funds are to be disbursed to states and local

governments to manage recovery efforts in areas declared disaster by the President in 2011. These

supplemental funds are to be used to assist such states and local governments undertake disaster

relief and long-term recovery plans, including those related to the restoration of housing,

infrastructure, and economic revitalization. Funds may not be used for activities funded by or

eligible for reimbursement by the Federal Emergency Management Agency or the Army Corps of

Engineers. In order to receive funds, eligible states and local governments must submit disaster

recovery plans detailing the use of funds and how planned activities will contribute to disaster

recovery efforts. The act allows HUD to waive statutory or regulatory provisions governing the

use of CDBG funds, except those related to fair housing, nondiscrimination, labor standards, and

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Department of Housing and Urban Development (HUD): FY2012 Appropriations

environmental review. In seeking a waiver of CDBG program requirements, grantees must

explain why such waiver is necessary to the grantee’s recovery efforts. Of that amount, $100

million is exempt from discretionary spending limits imposed by the Balanced Budget and

Emergency Deficit Control Act of 1985, as amended by the Budget Control Act, P.L. 112-25.10

Table 4. Community Development Fund and CDBG, FY2011-FY2012

(in millions)

FY2011

Enacted

FY2012

Request

Community

Development Fund

3,501

3,781

CDBG Formula

Grantsa

3,338

Indian Tribes

FY2012 House

Draft

FY2012

Senate

FY2012

Conf.

3,501

3,401

3,408

3,668

3,466

2,851

2,948

64

65

35

60

60

Guam

0

23

0

0

0

Rural Innovation

Funding

0

25

0

0

0

Sustainable

Communities

99

b

0

90

0

Disaster Funding

0

0

0

400c

400d

Source: Table prepared by CRS based on information available in H.Rept. 112-284 (for FY2011 enacted, FY2012

request, and FY2012 enacted), S.Rept. 112-83 (for FY2012 Senate), and draft documents available on the House

Appropriations Committee website (for FY2012 House Draft).

a.

Includes funding for insular areas and funds to be transferred under HUD’s Transformation Initiative.

b.

The President’s budget requested $150 million for this program in a separate account.

c.

This amount is designated “emergency” for budget enforcement purposes.

d.

$100 million of this amount is designated “emergency” for budget enforcement purposes.

For more information, see CRS Report R41754, Community Development Block Grants: Funding

Issues in the 112th Congress and Recent Funding History, by (name redacted).

Section 108: Restructuring

The Section 108 loan guarantee program allows states and entitlement communities to pledge

their annual CDBG allocations as collateral in order to help finance redevelopment activities.

CDBG entitlement communities and states are allowed to borrow, for a term of up to 20 years, an

amount equal to as much as five times their annual CDBG allocations for qualifying activities. As

security against default, states and entitlement communities must pledge their current and future

CDBG allocations.

The Administration’s FY2012 budget proposed restructuring the program and doubling its loan

commitment ceiling from $250 million in FY2010 to $500 million in FY2012. The

10

For additional information on the spending caps and exemptions under the Budget Control Act, see CRS Report

R41965, The Budget Control Act of 2011, by (name redacted), (name redacted), and (name redacted).

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Department of Housing and Urban Development (HUD): FY2012 Appropriations

Administration’s FY2012 budget justifications noted that given the continued difficulties in the

credit markets, the proposed increase in funding would help local governments finance largescale projects at a rate slightly above Treasury yields. In addition to an increase in the loan

commitment ceiling, the Administration proposed revamping the program by charging a feebased assessment to borrowers accessing the program, which would eliminate the need for an

appropriated credit subsidy. This proposal was first made by the Administration in its FY2010

budget, but it was rejected by Congress in FY2010 and FY2011 in favor of maintaining the status

quo.

The House draft bill recommended an appropriation of $6.8 million in credit subsidies in support

of $275 million in loan guarantee commitments. The Senate bill recommended $4.960 million in

credit subsidies in support of $200 million in loan guarantee commitments. Among the

amendments approved for inclusion in the bill was S.Amdt. 796. Proposed by Senator Coburn,

the amendment would have prohibited the use of grants made available under the bill from being

used to repay any other federal loans. This amendment has implications for the CDBG program

and its companion Section 108 loan guarantee program. Statutory authority governing the Section

108 loan guarantee program allows CDBG funds to be used as collateral to secure and repay

Section 108 loan guarantees in case of default. In order to avoid default on Section 108 loan

guarantees, states and communities have used CDBG funds to cover revenue shortfalls associated

with the repayment of bonds used to finance Section 108 supported projects.

For the third year in a row, the Administration failed to win congressional support for its proposal

to convert Section 108 loan guarantees to a fee-based program. P.L. 112-55 maintains the

program’s current structure while appropriating $5.952 million in credit subsidies in support of

the $240 million in Section 108 loan guarantee commitments. The act included an additional

provision that prohibits a state from diverting proceeds from sale of notes backed by Section 108

loan guarantees to any other community other than the local government that initially sought and

received the loan guarantee commitment.11 It did not include the provision included in the Senate

bill that would have prohibited federal funds, such as CDBG, from being used to repay other

federal assistance, such as Section 108 loan guarantees.

Sustainable Communities

The Administration requested $150 million to fund its multipronged Sustainable Communities

Initiative (SCI) in the FY2012 budget. This was the same amount requested by the Administration

and approved by Congress for FY2010, the first year of the SCI, but it is $51 million more than

the amount appropriated for FY2011. Unlike the FY2010 and FY2011 appropriations for SCI,

which were included as subaccounts under the Community Development Fund (CDF), the

Administration proposed funding the SCI as a separate appropriation. The Administration’s

FY2012 request would have been used to fund the program’s three components:

•

11

Regional Integrated Planning Grants. The Administration requested $100

million that would have been competitively awarded to regional organizations in

metropolitan areas to support efforts to develop effective models that would

integrate the planning requirements of various disciplines critical to the

development of sustainable communities. This would be done in collaboration

P.L. 112-55, Division C, §221.

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Department of Housing and Urban Development (HUD): FY2012 Appropriations

with the Department of Transportation (DOT), the Environmental Protection

Agency (EPA), and other federal agencies.

•

Community Challenge Grants (CCGs). The Administration requested $40

million for this component of SCI. Funds would be competitively awarded to

communities to reform existing building codes and zoning ordinances with the

goal of promoting sustainable growth and discouraging inefficient land use

patterns.

•

Research and Evaluation. The Administration requested $10 million to support

research efforts focusing on quantifying and evaluating the benefits and tradeoffs

related to sustainable communities, including the long-term benefits of Regional

Integrated Planning Grants and Community Challenge Grants. In addition, funds

would be used to support efforts to improve the technical capacity of entities

involved in regional and community planning and development.

It should be noted that, as proposed by the Administration, these three initiatives were to be

administered through the recently created Office of Sustainable Housing and Communities

within HUD.

The House draft bill did not include funding for the Administration’s SCI, while the Senate bill

recommended $90 million for the SCI activities, which was $60 million less than the amount

requested by the President and $9 million less than appropriated for FY2011. P.L. 112-55 did not

include a specific appropriation for SCI activities. However, the conference report accompanying

H.R. 2112 (P.L. 112-55) noted that such activities could be carried out with CDBG and the

agency’s Transformation Initiative funds.12

HOME

The HOME Investment Partnerships Program provides block grant funding to states and certain

localities (known as “participating jurisdictions”) to be used for a variety of affordable housing

activities. HOME funds can be used for either owner-occupied or rental housing activities, and

they must benefit households that are considered to be either low-income (i.e., incomes at or

below 80% of area median income) or very low-income (i.e., incomes at or below 60% of area

median income).13 Between the program’s inception in 1992 and the end of FY2010, the HOME

program has funded nearly 979,000 units of affordable housing and funded tenant-based rental

assistance for nearly 234,000 families.14

The President’s FY2012 proposed budget requested $1.65 billion for the HOME program. This

represented an increase of $43 million from the enacted FY2011 funding level of $1.607 billion,

but a reduction of $175 million from the enacted FY2010 funding level of $1.825 billion.

12

U.S. Congress, House Appropriations Conference Committee, Agriculture, Rural Development, Food and Drug

Administration, Related Agencies Programs for the Fiscal Year Ending September 30, 2012, and for Other Purposes,

Report to accompany H.R. 2112, 112th Cong., 1st sess., November 14, 2011, H.Rept. 112-284 (Washington: GPO,

2011), p. 317.

13

For more information about the HOME Investment Partnerships Program, see CRS Report R40118, An Overview of

the HOME Investment Partnerships Program, by (name redacted).

14

U.S. Department of Housing and Urban Development, FY2012 HOME Investment Partnerships Program Budget

Justification, p. V-2, http://portal.hud.gov/hudportal/documents/huddoc?id=HOME_2012.pdf.

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The House draft bill included $1.2 billion for the HOME program, $450 million less than the

President’s budget request and $400 million less than the enacted FY2011 funding level. The

Senate bill included $1 billion for the HOME program, $650 million below the President’s budget

request and $607 million below the FY2011 enacted level. The Senate bill also included a number

of provisions relating to the expenditure of HOME funds.

The proposed reductions, and the additional provisions in the Senate bill, were partially in

response to concerns raised in an article in the Washington Post related to the use of HOME

funds.15 The article alleged that some HOME funds used for rental housing developments had

been mismanaged by participating jurisdictions, and that HUD did not provide sufficient

oversight of participating jurisdictions’ use of funds.16 A 2009 HUD Office of the Inspector

General (OIG) report also stated that HUD should improve its oversight of HOME funds.17 HUD

maintains that its oversight of the program is adequate, and notes that block grant programs by

design delegate much of the responsibility of overseeing the expenditure of funds to the

jurisdictions that participate in the program.18

P.L. 112-55 includes $1 billion for the HOME program, the same amount as the Senate bill, along

with the provisions related to the expenditure of HOME funds.

Self-Help and Assisted Homeownership Opportunity Program

(SHOP)

The Self-Help and Assisted Homeownership Opportunity Program account provides funds for the

Self-Help Homeownership Opportunity Program (SHOP), as well as set-asides for capacity

building and for the Housing Assistance Council. SHOP provides funding to eligible nonprofits,

such as Habitat for Humanity, to use for acquisition and infrastructure improvement costs related

to sweat equity and volunteer-based homeownership programs that benefit low-income families.

The President’s FY2012 budget proposed eliminating funding for SHOP and funding capacity

building in its own account. HUD’s FY2012 Congressional Budget Justification noted that the

activities funded under SHOP are also activities on which states and participating jurisdictions

can choose to use their HOME funds.19

15

U.S. Congress, Senate Committee on Appropriations, Transportation and Housing and Urban Development, and

Related Agencies Appropriations Bill, 2012, report to accompany S. 1596, 112th Cong., 1st sess., September 21, 2011,

S.Rept. 112-83 (Washington: GPO, 2011), p. 124.

16

Cenziper, Debbie, and Jonathan Mummolo, “A trail of stalled or abandoned HUD projects,” Washington Post, May

14, 2011. See U.S. Congress, Senate Committee on Appropriations, Transportation and Housing and Urban

Development, and Related Agencies Appropriations Bill, 2012, report to accompany S. 1596, 112th Cong., 1st sess.,

September 21, 2011, S.Rept. 112-83 (Washington: GPO, 2011), p. 124.

17

McKay, James D., Regional Inspector General for Audit, Atlanta Region, HUD Lacked Adequate Controls to Ensure

the Timely Commitment and Expenditure of HOME Funds, U.S. Department of Housing and Urban Development,

Office of the Inspector General, Audit Report Number 2009-AT-0001, September 28, 2009.

18

U.S. Department of Housing and Urban Development, “Setting the Record Straight: What the Washington Post Got

Wrong About the HOME Program,” The HUDdle: U.S. Department of Housing and Urban Development’s Official

Blog, May 19, 2011, http://blog.hud.gov/2011/05/19/setting-record-straight-washington-post-wrong-home-program/.

19

U.S. Department of Housing and Urban Development, Fiscal Year 2012 Budget Justifications for Estimates, page X1, http://portal.hud.gov/hudportal/documents/huddoc?id=SHOP_2012.pdf.

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Department of Housing and Urban Development (HUD): FY2012 Appropriations

The House draft bill and the Senate bill both continued to provide funding for SHOP, as did the

final enacted law. The House draft bill provided $10.9 million for SHOP, a reduction of nearly

$16 million from the FY2011 enacted level of $27 million. The Senate bill included $17 million

for SHOP, a decrease of $10 million from FY2011 enacted level. The House draft bill funded

capacity building in its own account, while the Senate bill continued to fund capacity building

within the SHOP account.

P.L. 112-55 provides $13.5 million for SHOP, and continues to provide funding for capacity

building within the SHOP account.

Homelessness Assistance

The primary source of federal funding for housing for homeless individuals and families is the

HUD Homeless Assistance Grants, which were most recently reauthorized in the 111th Congress

through the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act

(P.L. 111-22). Prior to enactment of P.L. 111-22, there were four Homeless Assistance Grants; the

new law consolidated three of the grants, so two grants remain: the Emergency Solutions Grants

(ESG) program and the new Continuum of Care (CoC) program. In addition, rural communities

will have the option of applying for their CoC allocation separately, through a new Rural Housing

Stability (RHS) grant program. The ESG program funds the emergency needs of people who are

homeless and homelessness prevention activities. The CoC program focuses on the longer-term

needs of persons experiencing homelessness, including transitional and permanent housing and

supportive services.

For FY2012, Congress provided the same amount for the Homeless Assistance Grants that was

appropriated in FY2011—$1.9 billion—and less than the amount proposed in the President’s

budget for FY2012 ($2.4 billion). The language in P.L. 112-55 specifies that the funds

appropriated are for the new programs authorized by the HEARTH Act. Not less than $250

million is to be used for the ESG program (an increase from $225 million in FY2011), and nearly

$1.6 billion is to be used for the CoC and RHS grants. The conference report accompanying P.L.

112-55 (H.Rept. 112-284) noted concern that HUD had not yet implemented the new HEARTH

Act programs, and directed that HUD “publish at least interim guidelines for the Emergency

Solutions Grants and Continuum of Care this fiscal year and to implement the new grant

programs as soon as possible, so that the updated policies and practices in HEARTH can begin to

govern the delivery of homeless assistance funding.”

While draft regulations for the ESG program have been released,20 HUD has yet to release

regulations regarding the CoC program.

Additional funding for homeless veterans in FY2012 is also provided through the Section 8

tenant-based rental assistance account. Congress has funded Section 8 vouchers for homeless

veterans through the tenant-based account since FY2008, providing total funding sufficient to

support more than 30,000 vouchers for one year ($275 million from FY2008 through FY2011). In

P.L. 112-55, Congress appropriated another $75 million for Section 8 vouchers for homeless

veterans, which is expected to support an additional 10,000 vouchers. Each of the funding

20

U.S. Department of Housing and Urban Development, Homeless Emergency Assistance and Rapid Transition to

Housing: Emergency Solutions Grants Program and Consolidated Plan Conforming Amendments, October 26, 2011,

http://hudhre.info/documents/HEARTH_ESGInterimRule&ConPlanConformingAmendments.pdf.

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Department of Housing and Urban Development (HUD): FY2012 Appropriations

proposals for FY2012—the House draft bill, S. 1596, and the President’s budget—had also

proposed funding these vouchers at $75 million. In addition, for the second year in a row, the

President’s budget would have funded a demonstration program in which HUD would have

collaborated with the Department of Health and Human Services (HHS) to fund vouchers for

homeless individuals with physical and mental health issues and with the Department of

Education (ED) to fund vouchers for homeless families with children. The budget proposed $57

million for the demonstration program, and while the Senate bill would have included $5 million

for this proposal, neither the House draft bill nor P.L. 112-55 included the demonstration.

Section 8 Project-Based Rental Assistance

The project-based rental assistance account provides funding to administer and renew existing

project-based Section 8 rental assistance contracts between HUD and private multifamily

property owners. Under those contracts, HUD provides subsidies to the owners to make up the

difference between what eligible low-income families pay to live in subsidized units (30% of

their incomes) and a previously agreed-upon rent for the unit. No new contracts have been

entered into under this program since the early 1980s. When the program was active, Congress

funded the contracts for 20- to 40-year periods, so the monthly payments for owners came from

old appropriations. However, once those contracts expire, they require new annual appropriations

if they are renewed. As more contracts expire, and assuming the owners choose to renew, more

new appropriations are needed to maintain the subsidies. Further, some old contracts do not have

sufficient funding to finish their existing terms, so new funding is needed to complete the contract

(referred to as amendment funding). As more contracts have shifted from long-term

appropriations to needing new appropriations, this account has grown and become the secondlargest account in HUD’s budget.

The President’s budget request included a $165 million increase in funding for project-based

rental assistance. The amount requested included funding to renew all contracts that are now in

need of new appropriations (approximately 83% of all contracts, according to HUD’s budget

documents). The final appropriations law for FY2012 funds the account about $100 million

below the requested level. The conference report notes that the level provided reflects revised

estimates of need provided by HUD. The House draft bill had proposed to fund the account at the

requested level, and the Senate bill had proposed to fund the account just below the requested

amount.

Section 202 and Section 811

Through the Section 202 Supportive Housing for the Elderly program and the Section 811

Supportive Housing for Persons with Disabilities program, HUD provides capital grants and

rental assistance to nonprofit developers to build or rehabilitate housing units for elderly residents

and residents with disabilities.21 HUD capital grants have funded more than 106,000 units of

Section 202 housing and more than 30,000 units of Section 811 housing.22 In addition, the Section

21

For more information about the Section 202 program, see CRS Report RL33508, Section 202 and Other HUD Rental

Housing Programs for Low-Income Elderly Residents, by (name redacted). For more information about the Section 811

program, see CRS Report RL34728, Section 811 and Other HUD Housing Programs for Persons with Disabilities, by

(name redacted).

22

U.S. Department of Housing and Urban Development, FY2009 Performance and Accountability Report, November

16, 2009, p. 349, http://hud.gov/offices/cfo/reports/hudfy2009par.pdf. Note that prior to the capital grants, which were

(continued...)

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Department of Housing and Urban Development (HUD): FY2012 Appropriations

811 program has historically provided funding for tenant-based vouchers for persons with

disabilities. Currently, approximately 14,811 vouchers are funded.23

Section 202

The Housing for the Elderly budget account includes funding for not only the Section 202

program, but also funds for Service Coordinators and the Assisted Living Conversion Program.

For FY2012, Congress reduced funding for Section 202 and these related programs by

approximately $24 million, from $399 million appropriated in FY2011, to $375 million. The

reduction is even greater when compared to program appropriations in the years preceding

FY2011. From FY2001 through FY2010, appropriations ranged from $722 million to $825

million.

Within the FY2012 Housing for the Elderly appropriation, $91 million is reserved for Service

Coordinators and $25 million is set aside for the Assisted Living Conversion Program. This

leaves approximately $232 million for the Section 202 program, to be used to renew existing

rental assistance contracts and potentially to provide rental assistance to tenants who have not

previously received it.24 Unlike previous years’ appropriations for Section 202, there is not

sufficient funding to support the construction of new housing units. Prior to enactment of P.L.

112-55, proposals to fund Section 202 in FY2012 ranged from about $370 million in the Senate

bill (S. 1596) to $600 million in the House draft bill, and $747 million in the Administration’s

proposed budget.

Section 811

For FY2012, Congress appropriated $165 million for Section 811, which is $15 million more than

the appropriation of $150 million in FY2011. However, in order to determine total funding for

housing units authorized through the Section 811 program, it is also necessary to look at the

Section 8 tenant-based rental assistance account. Prior to FY2011, the Section 811 account

funded both project-based and tenant-based rental assistance, but Congress has since begun

funding the renewal of Section 811 tenant-based vouchers through the Section 8 tenant-based

rental assistance account.25 In FY2012, the total provided for Section 811 through these two

accounts increased by approximately $92 million compared to FY2011. In FY2011, Congress

appropriated $150 million to the Section 811 account, $118 million for capital grants and project

rental assistance, and $32 million to renew tenant-based rental assistance vouchers. Another

(...continued)

instituted in 1992, the Section 202 program funded new units of housing through direct government loans.

Approximately 216,000 units of housing were funded during the loan phase of the Section 202 program. See U.S.

Department of Housing and Urban Development, Section 202 Supportive Housing for the Elderly: Program Status and

Performance Measure, June 2008, p. 22, http://www.huduser.org/Publications/pdf/sec_202_1.pdf.

23

U.S. Department of Housing and Urban Development, FY2009 Performance and Accountability Report, p. 349.

24

This latter category of rental assistance is “Senior Preservation Rental Assistance Contracts” (or “Preservation

PRAC”), a new form of assistance authorized by the Section 202 Supportive Housing for the Elderly Act (P.L. 111372). For more information about Preservation PRAC, see CRS Report RL33508, Section 202 and Other HUD Rental

Housing Programs for Low-Income Elderly Residents, by (name redacted).

25

This shift was consistent with language that was enacted in the Frank Melville Supportive Housing Investment Act

(P.L. 111-374), which authorized appropriations to Section 8 sufficient to support the conversion of existing Section

811 vouchers to the Section 8 account.

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Department of Housing and Urban Development (HUD): FY2012 Appropriations

$35 million was appropriated to the Section 8 account to renew Section 811 vouchers. In FY2012,

P.L. 112-55 included $165 million for the Section 811 account and $112 million for the renewal

of Section 811 vouchers through the Section 8 account, for a total of $277 million.

The $165 million appropriated in FY2012 for Section 811 is to be used to renew project-based

rental assistance contracts. In addition, these funds may be used for a new rental assistance

program whereby state housing finance agencies may make rental assistance available in

conjunction with other forms of subsidized housing (e.g., housing supported through Low Income

Housing Tax Credits).26 While no funds are available to support the construction or rehabilitation

of new units, it is thought that without the need for Section 811 capital grants to construct

housing, more program funds may be available to fund rental assistance in other assisted housing

developments.

Prior to enactment of P.L. 112-55, the Senate had proposed to provide a total of $263 million for

Section 811 units ($150 million through the Section 811 account and $113 million through the

Section 8 account), and the House draft bill proposed the same amount as the President’s budget

request, a total of $310 million ($196 million through the Section 811 account and $114 million

through the Section 8 account). The House draft bill and the President’s request would have

included funds to support the creation of new Section 811 units.

Housing Counseling

Through its Housing Counseling Assistance Program, HUD annually provides competitive grants

to HUD-approved housing counseling agencies. These housing counseling agencies provide a

range of housing counseling services, including pre-purchase homeownership counseling; postpurchase homeownership counseling; mortgage delinquency counseling; and counseling for

renters, the homeless, or seniors seeking reverse mortgages. (Receiving housing counseling is a

requirement for obtaining a Home Equity Conversion Mortgage, or HECM, which is a reverse

mortgage insured by the Federal Housing Administration.)

In recent years, congressional appropriations for HUD’s housing counseling program had been

increasing, partly in response to increased mortgage default and foreclosure rates. In FY2010,

Congress provided $87.5 million for HUD’s housing counseling program. However, in FY2011

Congress did not provide any funding for HUD’s housing counseling program. The elimination of

HUD housing counseling funding reflected the fiscal environment at the time that the FY2011

appropriations law was passed, as well as some concerns over the time it took HUD to distribute

prior years’ funds. Some policymakers also questioned whether the funding was duplicative of

foreclosure mitigation counseling funds that have been appropriated to the National Foreclosure

Mitigation Counseling Program, administered by NeighborWorks America, since FY2008.27

(Congress did continue to fund the NeighborWorks counseling program in FY2011 at its FY2010

level of $65 million.) However, proponents of HUD’s housing counseling program note that the

HUD funding can be used for a wider range of types of housing counseling than the

26

For more information about this new program, see CRS Report RL34728, Section 811 and Other HUD Housing

Programs for Persons with Disabilities, by (name redacted).

27

For example, see U.S. Congress, House Committee on Appropriations, Subcommittee on Transportation, Housing

and Urban Development, and Related Agencies, Budget Hearing—Housing Counseling with Neighborhood

Reinvestment Corporation—Deputy Assistant Secretary for Single Family Housing and NeighborWorks Acting CEO,

112th Cong., 1st sess., March 29, 2011.

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NeighborWorks funds, which are limited to foreclosure counseling. Housing advocates and some

Members of Congress asked appropriators to restore funding for HUD’s housing counseling

program, arguing that the program is the only dedicated federal source of funds for many types of

counseling (including reverse mortgage counseling), and that current economic conditions make

the need for housing counseling services more acute.28

The President’s FY2012 budget, which came out prior to the enactment of the final FY2011

appropriations law, requested $88 million for HUD’s housing counseling program. The House

draft bill included no funds for HUD’s housing counseling program, although the draft committee

report accompanying the draft bill directed HUD to provide a briefing along with its FY2013

budget submission addressing questions about its administration of the program.29 The Senate bill

proposed $60 million, specifying that the funds must be awarded by HUD within 120 days. P.L.

112-55 includes $45 million for housing counseling, and, like the Senate bill, specifies that the

funds must be awarded within 120 days of the enactment of the act.

For more information on both HUD’s housing counseling program and the NeighborWorks

counseling funding, see CRS Report R41351, Housing Counseling: Background and Federal

Role, by (name redacted).

NeighborWorks America

As previously mentioned, in recent years additional housing counseling funds have been provided

to NeighborWorks America specifically for foreclosure mitigation counseling through the

National Foreclosure Mitigation Counseling Program (NFMCP). NeighborWorks is a

government-chartered, nonprofit corporation with a national network of affiliated organizations

that engage in a variety of community reinvestment activities, such as generating investment and

providing training and technical assistance related to affordable housing. The organization began

operating under the name NeighborWorks America in 2005, although its legal name remains the

Neighborhood Reinvestment Corporation. NeighborWorks receives a regular annual

appropriation each year under the name Neighborhood Reinvestment Corporation. This

appropriation is separate from the NFMCP funding, which is provided in addition to the regular

annual appropriation to NeighborWorks. Although NeighborWorks is not part of HUD, it is

usually funded as a related agency in the annual HUD appropriations laws.

For FY2012, P.L. 112-55 provides $80 million for the NFMCP, which is $15 million more than

was provided in FY2011.

The Status of FHA

The Federal Housing Administration (FHA) insures mortgage loans made by private lenders to

eligible borrowers. The provision of FHA insurance helps to make mortgage credit more widely

28

For example, see a letter signed by several housing advocacy organizations regarding the elimination of funding for

HUD’s housing counseling program in FY2011 on the Citizens’ Housing and Planning Association website at

http://chapa.org/pdf/HUDhousingcounselingcutletter041211.pdf. For details on a letter signed by 24 Senators

expressing support for restoring funding for housing counseling, see Senator Al Franken’s website, “Sen. Franken:

Restore Funding to Program that Helps Avoid Foreclosure,” press release, June 2, 2011, http://franken.senate.gov/?p=

press_release&id=1560.

29

See page 96 of the draft report at http://appropriations.house.gov/UploadedFiles/FY_2012THUDReport.pdf.

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Department of Housing and Urban Development (HUD): FY2012 Appropriations

available, and at a lower cost, than it might be in the absence of the insurance. Borrowers of

FHA-insured loans pay both upfront and monthly fees, or premiums, for the cost of the insurance.

The FHA insurance programs are administered primarily through two program accounts in the

HUD budget: the Mutual Mortgage Insurance/Cooperative Management Housing Insurance Fund

account (MMI/CMHI) and the General Insurance/Special Risk Insurance Fund account (GI/SRI).

The Mutual Mortgage Insurance (MMI) Fund is the largest of the FHA insurance funds, and when

there is public discussion of “FHA insurance” or “FHA loans,” it is usually related to the MMI

Fund and the single-family home loans insured under that fund. The Home Equity Conversion

Mortgage (HECM) program, FHA’s reverse mortgage program, is also included in the MMI

Fund, resulting in the establishment of two risk categories in the MMI Fund: the MMI Purchase

and Refinance risk category and the MMI HECM risk category. The GI/SRI Fund provides

insurance for more-risky home mortgages, for multifamily rental housing, and for an assortment

of special-purpose loans such as hospitals and nursing homes.

The issues discussed in this section apply to the single-family mortgage loans insured under the

MMI Fund.30

Credit Subsidy and Offsetting Receipts

Historically, the MMI Fund has had a negative subsidy rate, which means that it generates

negative credit subsidy that can be used to offset the funding needs of other programs in the HUD

budget.31 In other words, the MMI Fund has generally made more money in fees than it has paid

out in claims, and therefore it has not historically needed an appropriation from Congress in order

to operate, although it does traditionally receive a congressional appropriation for administrative

expenses.

As described earlier, the MMI Fund is divided into the MMI Purchase and Refinance risk

category and the MMI HECM risk category.32 The Administration estimated that the Purchase and

30

For more information on the programs in the MMI Fund, see CRS Report RS20530, FHA-Insured Home Loans: An

Overview, by (name redacted) and (name redacted); and CRS Report RL33843,

Reverse Mortgages: Background and Issues,

by (name redacted).

31

The Federal Credit Reform Act of 1990 (FCRA) provided that the cost of federal loan insurance in a given fiscal year

is the net present value of all expected cash flows from loans insured in that year. For the MMI fund, the cash inflows

are mainly the insurance premiums paid by borrowers, and the cash outflows are mainly the payments to lenders for the

cost of loan defaults. The net value of these cash flows is expressed as a percentage of the volume of insured loans and

is referred to as the subsidy rate. If the cash inflows exceed the cash outflows, the subsidy rate is expressed as a

negative number because net income from business type activities is shown in the budget as negative outlays. If the

cash outflows exceed the cash inflows, the subsidy rate is expressed as a positive number. When the subsidy rate is

applied to the expected loan volume in a given year, the result is the amount of credit subsidy that a federal credit

program needs over the life of the loans. The budget rules require an appropriation of this credit subsidy in the budget

year that the loans are originated. However, actual cash flows over the life of the loans are likely to differ from those

projected in the first year. Therefore, agencies are required to periodically revise the initial subsidy estimates to include

actual experience on the loans.

32

The MMI Fund also includes the FHA Refinance Program, a program that launched in September 2010. This

program is designed to allow certain borrowers of non-FHA-insured mortgages who are current on their mortgages, but

owe more than their homes are worth, to refinance into new FHA-insured mortgages, provided that the original lender

or investor agrees to write off a portion of the original principal balance. The FHA Short Refinance Program is its own

risk category in the MMI Fund. According to a HUD Economic Impact Analysis, the FHA Short Refinance Program is

expected to generate positive credit subsidy and therefore cost the government money. (See U.S. Department of

Housing and Urban Development, Economic Impact Analysis of the FHA Refinance Program for Borrowers in

(continued...)

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Department of Housing and Urban Development (HUD): FY2012 Appropriations

Refinance risk category of the MMI Fund would have a negative subsidy rate of -2.16% for

FY2012. The Administration further estimated that the Purchase and Refinance risk category of

the MMI Fund would therefore generate about $4.7 billion in negative credit subsidy, meaning

that it would make money for the government.33

The Administration estimated that the MMI HECM risk category would have a negative credit

subsidy rate of -1.52% and would generate about $300 million in negative credit subsidy in

FY2012. The MMI Fund in total, then, would be estimated to generate about $5 billion in

negative credit subsidy in FY2012 (the $4.7 billion in credit subsidy from the Purchase and

Refinance risk category plus the $300 million from the HECM risk category).

Financial Status and FHA Reforms

As is generally the case when the private market tightens its lending standards, the demand for

FHA-insured mortgages has increased in the past few years. FHA estimated that it insured nearly

40% of home purchase loans in 2010, compared to 4.5% in FY2005.34 FHA’s higher loan volume

means a higher volume of mortgage insurance premiums paid into the MMI Fund, and given that

the proportion of loans to borrowers with higher credit scores has risen in recent years, FHA

believes that its newer mortgages are of a better credit quality than past mortgages.35 However,

the default rate on FHA-insured loans remains high, particularly on loans originated in earlier

years, and this puts some strain on the MMI Fund.

In the Cranston-Gonzales National Affordable Housing Act of 1990 (P.L. 101-625), Congress

mandated that within 10 years after enactment the MMI Fund must have a capital reserve ratio of

at least 2%, and that it must maintain that ratio at all times going forward. The capital reserve

ratio is a measure of the resources that FHA has on hand to cover unexpected losses, in addition

to the amount FHA has set aside for expected losses based on its current book of business. During

FY2009, the capital reserve ratio was estimated to be 0.53%. This was the first time since the

requirement was put into effect that the capital reserve ratio had fallen below 2%. The capital

reserve ratio remained under 2% in subsequent years, falling to 0.24% in FY2011.36

In FY2010, FHA made a number of changes aimed at increasing its capital reserves. These

included both increasing the premiums that borrowers pay, and making changes to underwriting

(...continued)

Negative Equity Positions, http://www.hud.gov/offices/adm/hudclips/ia/ia-refinancenegativeequity.pdf.) However,

since Treasury has agreed to use up to $8 billion in TARP funds to help cover any losses sustained through this

program, the FHA Refinance risk category is estimated to have neither a positive nor negative credit subsidy rate for

HUD in FY2012. For more information on the FHA Refinance Program, see CRS Report R40210, Preserving

Homeownership: Foreclosure Prevention Initiatives, by (name redacted).

33

The Congressional Budget Office’s estimates of credit subsidy may differ from the Administration’s estimates.

Furthermore, see the Appendix for a discussion of a proposal to direct CBO to use a different method to score FHA

receipts, and the implications of such a change for HUD’s budget.

34

U.S. Department of Housing and Urban Development, FHA-Insured Single-Family Mortgage Originations and

Market Share Report 2010 – Q3, p. 3, http://www.hud.gov/offices/hsg/rmra/oe/rpts/fhamktsh/fhamktq3_10.pdf.

35

U.S. Department of Housing and Urban Development, FHA MMIF Programs Quarterly Report to Congress for

FY2010 Q4, p. 5, http://www.hud.gov/offices/hsg/rmra/oe/rpts/rtc/fhartc_q4_2010.pdf.

36

U.S. Department of Housing and Urban Development, Annual Report to Congress, Fiscal Year 2011 Financial

Status, FHA Mutual Mortgage Insurance Fund, November 15, 2011, page 33, http://portal.hud.gov/hudportal/

documents/huddoc?id=FHAMMIFundAnnRptFY2011.pdf.

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Department of Housing and Urban Development (HUD): FY2012 Appropriations

criteria and lender enforcement designed to strengthen the credit quality of FHA-insured loans.

The FY2012 HUD Budget Justification indicated that HUD would pursue an additional increase

in the annual FHA insurance premium paid by borrowers; this increase went into effect in April

2011.37 The increased premium is expected to further strengthen FHA’s capital reserves.

FHA Loan Limits

P.L. 112-55 included a provision reinstating recently expired higher loan limits for FHA in some

areas. By statute, FHA can only insure mortgages up to a certain principal amount. These loan

limits are based on area median home prices, and therefore vary by area. There is also a national

floor and a national ceiling that affect loan limits in low-cost and high-cost areas, respectively,

and these are calculated as percentages of the national conforming loan limit for Fannie Mae and

Freddie Mac.

In early 2008, the Economic Stimulus Act of 2008 (ESA) temporarily raised the FHA loan limits

in high-cost areas and some other areas in response to the housing downturn and tighter credit

availability. Specifically, ESA specified that the FHA loan limit would be 125% of area median

home prices in most areas, with a high-cost area limit of 175% of the GSE conforming loan limit

(a ceiling of $729,750). The Housing and Economic Recovery Act of 2008 (P.L. 110-289)

established new statutory limits at 115% of area median home prices in most areas, with a highcost area limit of 150% of the GSE conforming loan limit (a ceiling of $625,500). These limits

were intended to go into effect beginning in 2009; however, the American Recovery and

Reinvestment Act of 2009 (ARRA; P.L. 111-5) specified that the loan limits in a given area would

be set at the higher of the ESA or the HERA limits through 2009.

The provision setting the FHA loan limits at the higher of the ESA limits or the HERA limits in a

given area was extended a number of times until the last extension expired at the end of FY2011,

at which time the loan limits fell to HERA levels. However, P.L. 112-55 reinstated the higher

FHA loan limits through December 31, 2013.

Not all areas are affected by a change in the FHA loan limits from those specified in HERA to

those specified in ESA.38 The change affects high-cost areas, since the high-cost area ceiling is

lower under HERA than under ESA. The change also affects some areas that are not high-cost,

depending on the trajectory of home prices in those areas, since the loan limit under ESA is 125%

of 2007 area median home prices while the loan limit under HERA is 115% of more recent area

median home prices.39

37

U.S. Department of Housing and Urban Development, FHA Mortgagee Letter 11-10, February 14, 2011,

http://www.hud.gov/offices/adm/hudclips/letters/mortgagee/files/11-10ml.pdf.

38

For a discussion of areas that may be affected by a change in the loan limits, see U.S. Department of Housing and

Urban Development, Potential Changes to FHA Single-Family Loan Limits beginning October 1, 2011, from

Implementation of the Housing and Economic Recovery Act of 2008: A Market Analysis Brief, May 26, 2011,

http://portal.hud.gov/hudportal/documents/huddoc?id=fhaloanlmhera.pdf.

39

Current HERA limits are calculated using the most recent home price data; however, the first HERA limits were

calculated using 2008 home price data, and FHA has followed a policy of not allowing the HERA limits to fall relative

to earlier HERA limits in a given area. Therefore, the HERA limits in a given area could be based on home price data

from 2008 or more recent years.

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Department of Housing and Urban Development (HUD): FY2012 Appropriations

Appendix. Related Legislation

The Budget Control Act of 2011

On August 2, 2011, President Obama signed the Budget Control Act of 2011 (BCA; P.L. 112-25)

into law following lengthy negotiations surrounding the national debt limit. The act included

provisions authorizing increases in the debt limit, as well as provisions designed to reduce the

federal deficit. One way the act attempts to reduce deficits is by establishing discretionary

spending caps, which limit the amount of money that can be spent through the annual

appropriations process over the next 10 years. These statutory budget caps are enforceable via a

process known as sequestration. If the caps are exceeded in any year, under sequestration the

executive branch is required to proportionally reduce funding for all agencies, accounts,

programs, projects, and activities by the amount necessary to reduce total budget authority to the

level authorized under the caps. Some programs are exempted from sequestration or receive

special treatment; none of HUD’s discretionary programs are exempted or receive special

treatment.

The total amount of discretionary funding available under the caps in FY2012, as established

under the BCA, is less than the amount that was available in FY2011, but is more than the

amount that was approved under the House budget resolution (discussed in the next section of

this Appendix).

The BCA included several other deficit reduction provisions that do not directly affect HUD but

could have implications for the department. The BCA created a deficit reduction “super

committee,” which was charged with finding at least an additional $1.2 trillion in deficit savings

over a 10-year period. Since the Joint Select Committee on Deficit Reduction failed to complete

its mandate, under the terms of the BCA, an automatic sequestration will take place in FY2013

and the discretionary budget caps for FY2014-FY2021 will be reduced in order to achieve the

desired $1.2 trillion in savings, barring additional action by Congress.40

FY2012 Budget Resolutions

The annual budget resolution acts as an agreement between the House and Senate establishing

parameters within which Congress can consider legislation dealing with spending and revenue. In

addition to setting forth enforceable levels of spending, revenue, and public debt, the budget

resolution provides spending allocations to House and Senate committees. Once the House and

the Senate Appropriations Committees receive a committee allocation in the budget resolution,

they divide their allocation of discretionary budget authority among their 12 subcommittees. Each

subcommittee is responsible for one of the 12 regular appropriations bills. The allocations to each

of the subcommittees are generally referred to as 302(b) allocations. While a budget resolution

and subcommittee allocations alone cannot be used to determine how much funding any

individual account or program will receive, they do set the parameters within which decisions

about funding for individual accounts and programs can be made.

40

For more information about the BCA, see CRS Report R41965, The Budget Control Act of 2011, by (name redacted),

(name redacted), and (name redacted).

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Department of Housing and Urban Development (HUD): FY2012 Appropriations

The House and the Senate budget committees began their consideration of the FY2012 budget

resolution when they received the President’s budget. As part of the formulation process, the

committees receive information from executive branch officials, Members of Congress, and the

public, as well as “views and estimates” statements from authorizing committees with jurisdiction

over spending and revenues. The target date for completion of the budget resolution is April 15.

On April 6, 2011, the House Budget Committee reported its FY2012 budget resolution

(H.Con.Res. 34). It was agreed to by the House on April 15, 2011. On May 10, 2011, the House

Appropriations Committee released draft subcommittee allocations.41 The THUD subcommittee

received an allocation of $47.7 billion in FY2012, which was $8.7 billion (or 15%) lower than the

allocation it received in FY2011 ($56.4 billion).

In addition to setting overall spending levels, H.Con.Res. 34 contains another provision that could

have implications for the THUD subcommittee and potentially for HUD’s budget. Section 408

directs the Congressional Budget Office (CBO), at the direction of the chairman of the Budget

Committee, to use a different method when scoring FHA receipts. According to CBO, if this

alternate scoring mechanism was used in FY2012, the FHA account would not produce the $5

billion in offsetting receipts estimated in the President’s budget, but would instead require

appropriations.42

While the Senate Budget Committee did not consider an FY2012 budget resolution,43 the FY2012

discretionary spending cap, combined with specific Senate procedural provisions enacted under

the BCA, serve as an alternate to a formal Senate budget resolution for FY2012. Specifically, the

procedural provisions of the BCA required the chair of the Senate Budget Committee to establish

committee spending allocations, subject to the discretionary spending limit, and these levels are

to have the same force and effect as if they were included and associated with a budget resolution

for FY2012 adopted by Congress.44 Under these terms, the Senate established an allocation of

$57.3 billion for THUD for FY2012, which is nearly $1 billion higher than the House allocation

under H.Con.Res. 34.

Since the FY2012 discretionary spending cap enacted under the BCA (discussed in the prior

section of this Appendix) is higher than those adopted under H.Con.Res. 34, for the purposes of

conferencing on the final FY2012 THUD appropriations law (P.L. 112-55), the higher Senate

allocation for THUD was used.

41

http://www.appropriations.house.gov/_files/51111FY2012SubcommitteeAllocations302bs.pdf.

Letter from the Congressional Budget Office to Representative Paul Ryan, May 18, 2011, available at

http://www.cbo.gov/ftpdocs/120xx/doc12054/05-18-FHA_Letter.pdf.

43

On May 25, 2011, the Senate rejected a motion to proceed to H.Con.Res. 34.

44

For more information about the BCA, see CRS Report R41965, The Budget Control Act of 2011, by (name redacted),

(name redacted), and (name redacted).

42

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Department of Housing and Urban Development (HUD): FY2012 Appropriations

Author Contact Information

(name redacted), Coordinator

Specialist in Housing Policy

/redacted/@crs.loc.gov, 7-....

(name redacted)

Analyst in Federalism and Economic Development

Policy

/redacted/@crs.loc.gov, 7-....

(name redacted)

Specialist in Housing Policy

/redacted/@crs.loc.gov, 7-....

(name redacted)

Analyst in Housing Policy

/redacted/@crs.loc.gov, 7-....

Congressional Research Service

33

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