Dear CAGTC Members,
On November 10, the Senate Appropriations Committee published the bill texts for each of its 12 fiscal year 2021 appropriations bills. In a committee press release, Appropriations Chair Shelby (R-AL) noted most bills were negotiated on a bipartisan basis. Appropriations Ranking Member Leahy (D-VT)—in a separate press release—expressed disappointment that the bills were not marked up by their respective subcommittees and lacked COVID-19 relief measures. While he also acknowledged that most of the bills were products of bipartisan negotiations, he referenced several areas for improvement, none of which pertained to the Transportation, Housing, and Urban Development (THUD) bill.
As a reminder, Congress passed a continuing resolution (CR) extending FY20 appropriations through December 11. Until now, the Senate had not yet produced any FY21 appropriations bills. However, the House passed 10 of its 12 FY21 funding bills (including THUD) prior to the CR’s enactment. Of note, the House THUD appropriations bill was drafted to align with the House-passed reauthorization package, so many changes will likely be necessary to make it consistent with the final FAST Act extension funding amounts. Congressional leaders in both chambers will now work to resolve their differences and finalize a full-year FY21 appropriations package before the current CR expires.
The Senate THUD bill text can be found here and the explanatory statement here. Please also find a brief summary below.
Key funding provisions
- Total funding: $74.8 billion—approximately $1.1 billion lower than the House-passed version, though most reductions appear limited to the bill’s housing provisions.
- BUILD grants: $1 billion for FY21 (consistent with FY20 funding and the House bill). Whereas last year’s appropriations bill required funds be split evenly between rural and urban projects, the FY21 Senate bill would require at least 30 percent of funds go toward projects in rural areas.
- CRISI grants: $340 million (FY20 was $325 million, House bill proposed $500 million). The Senate bill does not include a set-aside for grade crossings as proposed in the House bill.
- Port Infrastructure Development Grants: $200 million (FY20 was $225 million, House bill proposed $300 million). 25 percent of funds would be reserved for small projects, under this set-aside MARAD is directed to prioritize projects benefitting ports that handled less than 8 million short tons.
- Additional Federal-aid Highway funding: $2.365 billion in additional highway programs funding from the General Fund, including $1.36 billion for the bridge replacement and rehabilitation program. Unlike the House bill, the Senate version does not include funding under this header for the Railway-Highway Crossings (Section 130) Program or the Regional Infrastructure Accelerator Demonstration Program.
- Emergency designations: The House bill provided approximately $26 billion in emergency funding for USDOT programs (including an additional $9 billion for BUILD, CRISI, and PIDP grants combined). The Senate bill does not include these provisions.
- Other:
- Mode-Neutral Framework: the explanatory statement encourages USDOT’s Office of Research and Technology to “facilitate the development and incorporation of technologies by freight transportation industries that have the potential to enhance the safety and efficiency of their operations, and…offer operational flexibility to reflect the capabilities of such new technologies, where feasible. The Department should also approach emerging technologies, such as automated systems, through a mode-neutral framework to ensure that the safety and efficiency benefits can be realized for all freight transportation industries.”
- FHWA – Freight: The explanatory statements calls on FHWA to submit a report with “potential options for Congress to modify existing transportation programs, such as the National Highway Freight Program, to allow improvements to inland waterways.”
As a reminder, the INFRA grant program is not subject to the annual appropriations process but instead uses Highway Trust Fund contract authority provided by surface transportation authorization legislation (currently the one-year FAST Act extension). However, President Trump’s annual budget requests for the past few years have recommended an additional $1 billion for INFRA provided through General Fund appropriations which would be part of a THUD appropriations bill. Thus far both the House and Senate have chosen not to include those additional funds in their appropriations bills.
Thank you,
Cecile
Cecile Entleitner
Manager, Member Communications & Policy
Coalition for America’s Gateways and Trade Corridors
1625 K Street NW
Suite 1100
Washington, DC 20006
tradecorridors.org
T: (202) 828-9100
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