Community Project Funding: House Rules and Committee Protocols

Community Project Funding: House Rules and Committee Protocols

Summary
March 16, 2021
On February 26, 2021, the House Committee on Appropriations announced that it will accept
Member requests for Community Project Funding in appropriations bills for the upcoming fiscal
Megan S. Lynch
year (FY2022). In addition, the committee announced initial protocols governing requests for
Specialist on Congress and
Community Project Funding, which include various requirements and restrictions. Individual
the Legislative Process
subcommittees of the House Committee on Appropriations have also released subsequent

guidance and restrictions governing Community Project Funding as it relates to specific
appropriations bills.

As noted by the committee, Community Project Funding requests will also be subject to the House rules and restrictions
governing earmarks. This report summarizes House rules and recent committee protocols related to earmarks, including
requirements for Members submitting earmarks, as well as the requirements of committees in disclosing earmarks.

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Contents
Introduction ................................................................................................................... 1
House Earmark Rules ...................................................................................................... 1
Requirements and Procedures for House Members Submitting Community Project
Funding Requests ......................................................................................................... 3
Existing Requirements Under House Rules.................................................................... 3
New Requirements and Procedures Under House Committee on Appropriations
Announced Protocols............................................................................................... 3
Additional Requirements and Procedures under Specific Subcommittee Protocols ............... 4
Requirements and Procedures for the House Committee on Appropriations .............................. 5
Existing Requirements Under House Rules.................................................................... 5
New Requirements and Procedures Under House Committee on Appropriations
Announced Protocols............................................................................................... 6

Contacts
Author Information ......................................................................................................... 6

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Introduction
On February 26, 2021, the House Committee on Appropriations announced that it wil accept
Member requests for Community Project Funding in appropriations bil s for the upcoming fiscal
year (FY2022).1 In addition, the committee announced initial protocols governing requests for
Community Project Funding, which include various requirements and restrictions. Individual
subcommittees of the House Committee on Appropriations have also released subsequent
guidance and restrictions governing Community Project Funding as it relates to specific
appropriations bil s.2
As noted by the committee, Community Project Funding requests wil also be subject to the
House rules and restrictions governing earmarks. This report summarizes House rules and recent
committee protocols related to earmarks, including requirements for Members submitting an
earmark, as wel as the requirements of committees in disclosing earmarks.
House Earmark Rules
In the 110th Congress (2007-2008), the House and Senate codified earmark disclosure
requirements into their respective chamber rules with the stated intention of bringing more
transparency to the earmarking process. Although Congress began observing an “earmark
moratorium” or “earmark ban” in the 112th Congress (2011-2012), the earmark disclosure rules in

1 While no formal definition of Community Project Funding has been provided, the committee notes that Community
Project Funding will “allow Members to put their deep, first -hand understanding of the needs of their communities to
work to help the people we represent.” T he committee also stated that “Community Project Funding is a critical reform
that will make Congress more responsive to the people.” U.S. Congress, House Committee on Appropriations,
“DeLauro Announces Community Project Funding in Fiscal Year 2022 ,” 117th Cong., 1st sess., February 26, 2021,
https://appropriations.house.gov/news/press-releases/delauro-announces-community-project-funding-in-fiscal-year-
2022. Appropriations bills are enacted annually and provide funding to discretionary spending programs. T he
appropriations committees have jurisdiction over appropriations bills, while authorizing committees have jurisdiction
over authorizations of appropriations. For more information, see CRS Report R42388, The Congressional
Appropriations Process: An Introduction, coordinated by James V. Saturno.
2 See the following Dear Colleague letters from the individual subcommittees of the House Committee on
Appropriations: Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related
Agencies: https://e-dearcolleague.house.gov/Home/Preview?DCID=322568 (March 10, 2021); Subcommittee on
Commerce, Justice, Science, and Related Agencies: https://e-dearcolleague.house.gov/Home/Preview?DCID=322500
(March 9, 2021); Subcommittee on Defense: https://e-dearcolleague.house.gov/Home/Preview?DCID=322437 (March
9, 2021); Subcommittee on Energy and Wat er Development, and Related Agencies: https://e-dearcolleague.house.gov/
Home/Preview?DCID=322490 (March 9, 2021); Subcommittee on Financial Services and General Government :
https://e-dearcolleague.house.gov/Home/Preview?DCID=322457 (March 9, 2021); Subcommittee on Homeland
Security: https://e-dearcolleague.house.gov/Home/Preview?DCID=322471 (March 9, 2021); Subcommittee on Interior,
Environment, and Related Agencies: https://e-dearcolleague.house.gov/Home/Preview?DCID=322463 (March 9,
2021); Subcommittee on Labor, Health and Human Services, Education, and Related Agencies: https://e-
dearcolleague.house.gov/Home/Preview?DCID=322492 (March 9, 2021); Subcommittee on Legislative Branch:
https://e-dearcolleague.house.gov/Home/Preview?DCID=322498 (March 9, 2021); Subcommittee on State, Foreign
Operations, and Related Programs: https://e-dearcolleague.house.gov/Home/Preview?DCID=322495 (March 9, 2021);
Subcommittee on Military Construction: https://e-dearcolleague.house.gov/Home/Preview?DCID=322436 (March 9,
2021); Subcommittee on T ransportation, Housing and Urban Development, and Related Agencies: https://e-
dearcolleague.house.gov/Home/Preview?DCID=322629 (March 10, 2021). T hese letters are also available at
https://appropriations.house.gov/appropriations-requests.
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both the House and Senate have remained in place.3 The administrative responsibilities associated
with earmark disclosure rules vary by chamber.4
While the term earmark has been used historical y to describe various types of directed
congressional spending actions, House rules general y define earmark as a congressional y
directed spending, tax, or tariff policy that would benefit a specific entity or locality other than
through a statutory or competitive award process. See below for the formal definition included in
House Rule XXI, clause 9.5
House Earmark Definition
Congressional earmark- a provision or report language included primarily at the request of a Member, Delegate,
Resident Commissioner, or Senator providing, authorizing or recommending a specific amount of discretionary
budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, loan
authority, or other expenditure with or to an entity, or targeted to a specific State, locality or congressional
district, other than through a statutory or administrative formula driven or competitive award process.
Source: House Rule XXI, clause 9(e).
Limited tax benefit- (1) any revenue-losing provision that (A) provides a federal tax deduction, credit, exclusion, or
preference to 10 or fewer beneficiaries under the Internal Revenue Code of 1986, and (B) contains eligibility
criteria that are not uniform in application with respect to potential beneficiaries of such provision; or (2) any
federal tax provision which provides one beneficiary temporary or permanent transition relief from a change to
the Internal Revenue Code of 1986.
Limited tariff benefit- a provision modifying the Harmonized Tariff Schedule of the United States in a manner that
benefits 10 or fewer entities.
Source: House Rule XXI, clause 9(f) and (g).
House Rule XXI, clause 9(a), general y requires that certain types of measures be accompanied
by either (1) a list of congressional earmarks, limited tax benefits, or limited tariff benefits that
are included in the measure or its report or (2) a statement that the proposition contains no
earmarks. Depending upon the type of measure, the list or statement is to be either included in the
measure’s accompanying report or printed in the Congressional Record.
House Rule XXI, clause 9(b), requires that a conference report to accompany a regular general
appropriation bil include either (1) an earmark disclosure statement listing al congressional
earmarks and limited tax and tariff benefits that were neither committed to the conference by
either House nor contained in a report of a committee of either House on such bil or companion
measure or (2) a statement that the conference report contains no such provisions.6
To enforce these requirements, if either the disclosure list of earmarks or the statement that no
earmark exists in the measure is absent, any Member may raise a point of order against the

3 T he earmark moratorium was not at any time formalized in law or in House or Senate rules. Instead, the moratorium
has been established by party rules and committee protocols and has been enforced by chamber and committee
leadership through their agenda-setting power. For more information on the earmark moratorium, see CRS Report
R45429, Lifting the Earm ark Moratorium : Frequently Asked Questions, by Megan S. Lynch.
4 For information on Senate disclosure rules, see CRS Report RS22867, Earmark Disclosure Rules in the Senate:
Mem ber and Com m ittee Requirem ents, by Megan S. Lynch.
5 For the purposes of this report, from this point forward the term earmark includes any congressionally directed
spending, limited tax benefit, or limited tariff benefit.
6 House Rule XXI, clause 9(b). Such a point of order would be disposed of by a question of consideration, which is
debatable for 20 minutes. House Rule XXI, clause 9(c).
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measure’s floor consideration.7 The point of order applies only in the absence of such a list or
statement and does not speak to the completeness or the accuracy of either document.8
Requirements and Procedures for House Members
Submitting Community Project Funding Requests
Existing Requirements Under House Rules
Under the House Code of Official Conduct (House Rule XXIII, clause 17(a)), a Member,
Delegate, or Resident Commissioner requesting a congressional earmark is required to provide a
written statement to the chair and ranking minority member of the committee of jurisdiction that
includes:
 the Member’s name;
 the name and address of the intended earmark recipient (if there is no specific
recipient, the location of the intended activity should be included);
 in the case of a limited tax or tariff benefit, identification of the individual or
entities reasonably anticipated to benefit to the extent known to the Member;
 the purpose of the earmark; and
 a certification that the Member or Member’s spouse has no financial interest in
such an earmark.9 (See below for the House Appropriations Committee’s
requirement that the certification cover the Member’s immediate family as wel .)
The House Committee on Appropriations has made available on its website a template for the
letter and certification required under House Rule XXIII, clause 17(a).10
New Requirements and Procedures Under House Committee on
Appropriations Announced Protocols
In the announcement released on February 26, 2021,11 the House Committee on Appropriations
noted that it would require Members submitting Community Project Funding requests to do the
following:
 Submit no more than 10 Community Project Funding requests. Specifical y, the
committee stated, “The Committee wil accept a maximum of 10 community

7 In addition, House Rule XXI, clause 9(c), prohibits the consideration of a special rule reported from the House
Committee on Rules that would waive the disclosure requirements described above. Any point of order raised under
House Rule XXI, clause 9(c), would be disposed of by a question of consideration, which is debatable for 20 minutes.
8 House Rule XXI, clause 9(d). U.S. Congress, House, Constitution, Jefferson’s Manual, and Rules of the House of
Representatives of the United States, 115th Congress, H.Doc. 115-177 (Washington: GPO, 2019), §1068d.
9 Guidance and clarification in determining a financial interest is available in U.S. Congress, House Committee on
Standards of Official Conduct, The House Ethics Manual, 110th Cong., 2nd sess., 2008 (Washington: GPO, 2008), pp.
238-239. Available also at http://ethics.house.gov/Media/PDF/2008_House_Ethics_Manual.pdf.
10 https://appropriations.house.gov/appropriations-requests.
11 U.S. Congress, House Committee on Appropriations, “DeLauro Announces Community Project Funding in Fiscal
Year 2022,” 117th Cong., 1st sess., February 26, 2021, https://appropriations.house.gov/news/press-releases/delauro-
announces-community-project-funding-in-fiscal-year-2022.
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project requests from each member, though only a handful may actual y be
funded.”12
 Post al requests online, presumably on the Member’s website. Specifical y, the
committee stated, “Members are required to post every Community Project
Funding request online simultaneously with their submission to the Committee.”
The committee noted that “the website must be searchable.”
 Demonstrate community support. Specifical y, the committee stated, “Members
must provide evidence of community support that were compel ing factors in
their decision to select the requested projects.”
 Submit only requests for state or local governmental grantees or for eligible
nonprofits. Specifical y, the committee stated, “There is a ban on directing
Community Project Funding to for-profit grantees. Members may request
funding for State or local governmental grantees and for eligible non-profits.”
 Certify that the Member, the Member’s spouse, and the Member’s immediate
family have no financial interest in the Community Project Funding request. The
committee notes, “This is an expansion beyond the underlying requirements in
House Rules in order to cover immediate families of Members.”
Additional Requirements and Procedures under Specific
Subcommittee Protocols
Individual subcommittees of the House Committee on Appropriations have released additional
guidance and restrictions governing Community Project Funding as it relates to specific
appropriations bil s.13
Some subcommittees have announced that they wil not accept Community Project Funding
requests (e.g., the Appropriations Subcommittee on Legislative Branch and the Appropriations
Subcommittee on State, Foreign Operations, and Related Programs).14
Other subcommittees have identified the specific accounts for which Members may request
Community Project Funding. For example, the Appropriations Subcommittee on Defense has
stated that it wil accept project requests for five accounts,15 and the Subcommittee on Homeland
Security has stated that it wil accept project requests for three accounts.16

12 In various Dear Colleague letters released by the individual subcommitt ees of the House Committee on
Appropriations (cited above), it has been stated that Members will be able to “ priority rank” their submissions. For
example, see U.S. Congress, House Committee on Appropriations, Subcommittee on Defense, FY 2022 Defense
Appropriations Requests, 117th Cong., 1st Sess., March 9, 2021, https://e-dearcolleague.house.gov/Home/Preview?
DCID=322437.
13 See footnote 2 or https://appropriations.house.gov/appropriations-requests.
14 U.S. Congress, House Committee on Appropriations, Subcommittee on Legislative Branch, FY 2022 Legislative
Branch Appropriations Requests, 117th Cong., 1st Sess., March 9, 2021, https://e-dearcolleague.house.gov/Home/
Preview?DCID=322498; and House Committee on Appropriations, Subcommittee on State, Foreign Operations, and
Related Programs, FY2022 Departm ent of State, Foreign Operations, and Related Program s Appropriations Requests,
117th Cong., 1st Sess., March 9, 2021, https://e-dearcolleague.house.gov/Home/Preview?DCID=322495.
15 T he subcommittee stated that the five accounts are the Research, Development, T est, and Evaluation accounts for the
Army, Navy, Air Force, Space Force, and Defense Wide. U.S. Congress, House Committee on Appropriations,
Subcommittee on Defense, FY 2022 Defense Appropriations Requests, 117th Cong., 1st Sess., March 9, 2021, https://e-
dearcolleague.house.gov/Home/Preview?DCID=322437.
16 T he subcommittee stated that the three accounts are the Federal Emergency Management Agency, Federal Assistance
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Subcommittees have also provided logistical information related to Community Project Funding,
such as the method for submitting requests and the deadlines for such requests.17
Requirements and Procedures for the House
Committee on Appropriations
Existing Requirements Under House Rules
Under House rules, the earmark disclosure responsibilities of House committees and conference
committees fal into three major categories:18
1. Committees of jurisdiction use their discretion to decide what constitutes an
earmark. Definitions in House rules, as wel as past earmark designations, may
provide guidance in determining if a certain provision constitutes an earmark.
2. House rules state that in the case of any reported bil or conference report, a list
of included earmarks and their sponsors (or a statement declaring the absence of
earmarks) must be included in the corresponding committee report or joint
explanatory statement.19 In the case of a measure not reported by a committee or
a manager’s amendment, the committee of initial referral must cause a list of
earmarks and their sponsors, or a letter stating the absence of earmarks, to be
printed in the Congressional Record before floor consideration is in order.20 A
conference report to accompany a regular appropriations bil must identify
congressional earmarks in the conference report or joint explanatory statement
that were neither committed to the conference by either House nor contained in a
report of a committee of either House on such bil or companion measure.21
3. Each House committee and conference committee is responsible for
“maintaining” al written requests for earmarks received—even those not
ultimately included in the legislation or report.22 Furthermore, those requests that
were included in any measure reported by the committee must be not only

accounts of Pre-Disaster Mitigation Grants, Nonprofit Security Grants, and Emergency Operations Center Grants. U.S.
Congress, House Committee on Appropriations, Subcommittee on the Department of Homeland Security, FY 2022
Hom eland Security Appropriations, 117th Cong., 1st Sess., March 9, 2021, https://e-dearcolleague.house.gov/Home/
Preview?DCID=322471.
17 For example, the Appropriations Subcommittee on Interior, Environment, and Related Agencies stated that only
requests received electronically will be considered, and it noted a deadline of April 16, 2021, for all such requests. U.S.
Congress, House Committee on Appropriations, Subcommittee on Interior, Environment, and Related Agencies,
Appropriations Subcom mittee on Interior, Environm ent, and Related Agencies, 117th Cong., 1st Sess., March 9, 2021,
https://e-dearcolleague.house.gov/Home/Preview?DCID=322463.
18 House Rules XXI, clause 9, and House Rule XXIII, clause 17(b).
19 House Rule XXI, clause 9(a)(1) and (4).
20 House Rule XXI, clause 9(a)(2) and (3). A “manager’s amendment ,” as defined in the rule and clarified in a letter
from the House Parliamentarian to the chairman of the House Committee on Rules (Congressional Record, daily
edition, vol. 153 [October 3, 2007], pp. H11184 -H11185), is “ an amendment offered at the outset of consideration for
amendment by a member of a committee of initial referral under the terms of a special rule.”
21 House Rule XXI, clause 9(b). In previous years, it was the practice to identify such earmarks with asterisks. Note that
the Senate defines items related to earmark disclosure somewhat differently . For more information, see CRS Report
RS22867, Earm ark Disclosure Rules in the Senate: Mem ber and Com m ittee Requirem ents, by Megan S. Lynch.
22 House Rule XXIII, clause 17(b).
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“maintained” but also “open for public inspection.” Rule XXIII does not define
these terms.
New Requirements and Procedures Under House Committee on
Appropriations Announced Protocols
In the announcement released on February 26, 2021,23 the House Committee on Appropriations
noted that it would do the following:
 Establish an online “one-stop” link to al House Members’ Community Project
Funding requests.
 Disclose al Community Project Funding requests included in an appropriations
bil before a full committee markup. Specifical y, the committee stated, “To
facilitate public scrutiny of Community Project Funding, the Committee wil
release a list of projects funded the same day as the Subcommittee markup, or 24
hours before full committee consideration if there was no Subcommittee
markup.”
 Limit Community Project Funding to no more than 1% of discretionary
spending.24
 Require the Government Accountability Office to audit a sample of enacted
Community Project Funding and report its findings to Congress.

Author Information

Megan S. Lynch

Specialist on Congress and the Legislative Process

23 U.S. Congress, House Committee on Appropriations, “DeLauro Announces Community Project Funding in Fiscal
Year 2022,” 117th Cong., 1st sess., February 26, 2021, https://appropriations.house.gov/news/press-releases/delauro-
announces-community-project-funding-in-fiscal-year-2022.
24 Presumably this limit applies to discretionary spending as a whole and does not apply to each individual
appropriations bill, particularly as some subcommittees have announced that they will not accept Community Project
Funding (i.e., the Subcommittee on Legislative Branch and the Subcommittee on State, Foreign Operations, and
Related Programs).
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