Understanding Earmarks and Congressional Funding Guidance

 
Engaging with Congress in Fiscal Year 2024
 
Pursuing Congressionally Directed Spending
and
Community Project Funding
 
Bill Harper, Partner
HarperDowning LLC
Specializing in federal policy and Congressional appropriations
for businesses and non-profits
 
CONGRESSIONAL EARMARKS ARE:
 
Senate = Congressionally Directed Spending (CDS)
 
House = Community Project Funding (CPF)
 
The House Appropriations Committee uses the 
definition of “earmark
found in House rule XXI.
A “Congressional earmark” is defined as “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
.”
 
RECENT “EARMARK” HISTORY
 
In 2011: Congressional “earmarks” banned.
 
In 2021: Congress reinstated “earmarks”
non-profit organizations
units of local, state, tribal governments
“For-profit” entities remain 
banned
.
 
In December 2022, the Fiscal Year 2023 
Consolidated
Appropriations Act 
became law and included more than
7,200 “earmarks” totaling $15 billion
.
 
Two Reasons to Explore Pursuing Congressionally
Directed Spending or Community Project Funding
 
1) Opportunity (not guarantee) to capture federal funding
for your organization for a capital project or program.
 
2) Building and sustaining a 
relationship
 with your Senators
and/or Representative and their staffs – both in state and in
Washington, D.C. – that will allow for on-going engagement
on funding, policy, or support for grant funding.
 
Guidance for CDS/CPFs – FY2024
 
Only non-profit organizations and local, state, Tribal
governments are eligible.
For-profit companies remain banned.
Memorials, museums, or commemoratives are explicitly
prohibited by the House Appropriations Committee, but
not the Senate.
Maximum 15 projects per House members can be submitted to
the Appropriations Committee.
 
The Senate has no limit on the number of projects that can be
submitted to the Appropriations Committee.
DEADLINES for project submission are set by individual offices.
Check your Senator or Representative’s DEADLINES!
 
How to start?
 
Who are your Senators and Member of Congress?
 
Go to Senator/Member official websites … look for FY2024 appropriations
EXAMPLE: 
https://www.gillibrand.senate.gov/appropriation/fy24-appropriations-requests
EXAMPLE: 
https://cole.house.gov/contact/fy-2024-request-forms
 
Understand the Senator/Member CDS/CFP process, criteria, and deadlines.
 
How much money should the project ask for?
Range can be from $250,000 to $4 million.
Remember – this is ONE time money.
Matching funds and plans for sustainment are important.
 
Who is the staff point of contact in the state/district and/or in DC for
appropriations project?
Make contact and introduce yourself and your organization.
Discuss the proposed project and ask questions.
Ask for help.
 
Ask your Senator/Member or their staff to visit your organization for tour
and discussion
 
FY 2024 Eligible Funding Accounts Relevant to Arts
Organizations – 
THIS DEFINES YOUR PROJECT
 
Agriculture Subcommittee
USDA – Rural Development: Community Facilities grants (House and
Senate)
 
Interior, Environment Subcommittee
National Park Service – Historic Preservation Fund 
(Senate only)
 
Labor, Health, Human Services, Education Subcommittee 
(Senate
only)
Dept. of Education – Innovation and Improvement/Fund for the
Improvement of Education
Dept. of Education – Higher Education/Fund for the Improvement of
Postsecondary Education
 
Transportation, Housing Urban Dev. Subcommittee
HUD – Community Development Fund/Economic Development
Initiatives: for capital projects (House and Senate)
 
Example: FY2023 CPFs in Transportation, Housing and
Urban Development (Community Development Fund)
 
CDS/CFP Timeline and Process
 
1)
House / Senate Appropriations Committees release criteria and
eligible accounts for CDS/CFP project
 
2)
Does your Senator or Representative submit CDS/CFPs on behalf
of constituent organizations?  Not all Members submit projects.
Don’t assume, call your Senator or Representative
Ask for information about their CDS/CFP process and get
to know the staff member coordinating the process
What are their deadlines for submission?
 
3) Define your project, follow the established criteria, and submit
your project request to individual Senator and / or
Representative by their office deadlines
Individual offices set their own deadlines (most in March)
 
CDS/CFP Timeline and Process
 
4)
Individual Senators and Representatives evaluate and select
projects to be submitted to the Senate / House Appropriations
Committees
Senate: Unlimited projects can be submitted
House:  15 project limit
 
5)
House/Senate Appropriations Committees review and select
projects to be included in FY2024 appropriations bills
 
6) 
  
Appropriations Committees move FY2024 appropriations bills
 
through the subcommittee process with CDS/CFPs included in
 
the “committee report” accompanying the subcommittee’s bill
 
7)
A project included in a bill’s subcommittee report that passes
the full Appropriations Committee will be included in the final
conference report 
unless explicitly removed
 
CDS/CFP Timeline and Process
 
8)
It is now normal for the federal fiscal year to end on Sept. 30th
without the appropriations process being concluded, requiring
Congress to pass a Continuing Resolution to keep the federal
government operating
This impacts final funding distribution
 
9)
Senate and House Appropriations subcommittees “conference”
their bills to merge Senate and House CDS/CFPs
 
10)
Individual or “omnibus” appropriations bill is passed by
Congress and signed into law by POTUS – projects are funded
 
11)
 
Federal agencies responsible for funding distribute funds
typically
 in Q3 or Q4 of fiscal year – April to September of 2024
 
Basic Project Information Required
by Members and Committees
 
Official Project Name
Project Purpose
Short narrative description that will be made public if project is selected.
o
Think:
What would the funding accomplish?
Who will the project serve or benefit?
Why are the funds needed?
Justification of Request
Project details
Why is this a good use of taxpayer funds?
Answer specific account criteria
New or expanded services or opportunities for a population, geographic
area, or partnership?
If an on-going project – what is current project status?
 
Basic Project Information Required
by Members and Committees
Project Costs
Costs and how the funding will be spent?
Salaries; programming; equipment
If project phases, cost per phase
Total financing picture
Are state, local, or private dollars also being contributed to the project?
“Shovel Ready” – projects that can start immediately or have started are
prioritized
Completion in fiscal year is NOT required
 
Demonstrate Support from Community/Stakeholders/Validators
Letter of support for project will be required
Submit ne
wspaper stories or editorials about your organization
 
REMEMBER
 
This is a HIGHLY competitive process.
 
There is NO guarantee of funding.
 
Work cooperatively and collaboratively with your
Senate/House offices.
 
Build a relationship with the Senate/House office that
will be sustained into the future.
 
Good luck!
 
Engaging with Congress in Fiscal Year 2024
 
Pursuing Congressionally Directed Spending
and
Community Project Funding
 
Bill Harper
Harper Downing LLC
Bill@HarperDowning.com
Specializing in federal policy and congressional appropriations
for businesses and non-profits
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Explore the world of Congressional earmarks, including their history, recent changes, and guidance for pursuing Congressionally Directed Spending (CDS) or Community Project Funding (CPF) in Fiscal Year 2024. Learn about eligibility criteria, project limitations, and deadlines for submission, emphasizing the opportunities and benefits of engaging with Congress for funding and relationship-building.


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  1. Engaging with Congress in Fiscal Year 2024 Pursuing Congressionally Directed Spending and Community Project Funding Bill Harper, Partner HarperDowning LLC Bill@HarperDowning.com Specializing in federal policy and Congressional appropriations for businesses and non-profits

  2. CONGRESSIONAL EARMARKS ARE: Senate = Congressionally Directed Spending (CDS) House = Community Project Funding (CPF)

  3. The House Appropriations Committee uses the definition of earmark found in House rule XXI. A Congressional earmark is defined as 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.

  4. RECENT EARMARK HISTORY In 2011: Congressional earmarks banned. In 2021: Congress reinstated earmarks non-profit organizations units of local, state, tribal governments For-profit entities remain banned. In December 2022, the Fiscal Year 2023 Consolidated Appropriations Act became law and included more than 7,200 earmarks totaling $15 billion.

  5. Two Reasons to Explore Pursuing Congressionally Directed Spending or Community Project Funding 1) Opportunity (not guarantee) to capture federal funding for your organization for a capital project or program. 2) Building and sustaining a relationship with your Senators and/or Representative and their staffs both in state and in Washington, D.C. that will allow for on-going engagement on funding, policy, or support for grant funding.

  6. Guidance for CDS/CPFs FY2024 Only non-profit organizations and local, state, Tribal governments are eligible. For-profit companies remain banned. Memorials, museums, or commemoratives are explicitly prohibited by the House Appropriations Committee, but not the Senate. Maximum 15 projects per House members can be submitted to the Appropriations Committee. The Senate has no limit on the number of projects that can be submitted to the Appropriations Committee. DEADLINES for project submission are set by individual offices. Check your Senator or Representative s DEADLINES!

  7. How to start? Who are your Senators and Member of Congress? Go to Senator/Member official websites look for FY2024 appropriations EXAMPLE: https://www.gillibrand.senate.gov/appropriation/fy24-appropriations-requests EXAMPLE: https://cole.house.gov/contact/fy-2024-request-forms Understand the Senator/Member CDS/CFP process, criteria, and deadlines. How much money should the project ask for? Range can be from $250,000 to $4 million. Remember this is ONE time money. Matching funds and plans for sustainment are important. Who is the staff point of contact in the state/district and/or in DC for appropriations project? Make contact and introduce yourself and your organization. Discuss the proposed project and ask questions. Ask for help. Ask your Senator/Member or their staff to visit your organization for tour and discussion

  8. FY 2024 Eligible Funding Accounts Relevant to Arts Organizations THIS DEFINES YOUR PROJECT Agriculture Subcommittee USDA Rural Development: Community Facilities grants (House and Senate) Interior, Environment Subcommittee National Park Service Historic Preservation Fund (Senate only) Labor, Health, Human Services, Education Subcommittee (Senate only) Dept. of Education Innovation and Improvement/Fund for the Improvement of Education Dept. of Education Higher Education/Fund for the Improvement of Postsecondary Education Transportation, Housing Urban Dev. Subcommittee HUD Community Development Fund/Economic Development Initiatives: for capital projects (House and Senate)

  9. Example: FY2023 CPFs in Transportation, Housing and Urban Development (Community Development Fund)

  10. CDS/CFP Timeline and Process 1) House / Senate Appropriations Committees release criteria and eligible accounts for CDS/CFP project 2) Does your Senator or Representative submit CDS/CFPs on behalf of constituent organizations? Not all Members submit projects. Don t assume, call your Senator or Representative Ask for information about their CDS/CFP process and get to know the staff member coordinating the process What are their deadlines for submission? 3) Define your project, follow the established criteria, and submit your project request to individual Senator and / or Representative by their office deadlines Individual offices set their own deadlines (most in March)

  11. CDS/CFP Timeline and Process 4) Individual Senators and Representatives evaluate and select projects to be submitted to the Senate / House Appropriations Committees Senate: Unlimited projects can be submitted House: 15 project limit 5) House/Senate Appropriations Committees review and select projects to be included in FY2024 appropriations bills 6) Appropriations Committees move FY2024 appropriations bills through the subcommittee process with CDS/CFPs included in the committee report accompanying the subcommittee s bill 7) A project included in a bill s subcommittee report that passes the full Appropriations Committee will be included in the final conference report unless explicitly removed

  12. CDS/CFP Timeline and Process 8) It is now normal for the federal fiscal year to end on Sept. 30th without the appropriations process being concluded, requiring Congress to pass a Continuing Resolution to keep the federal government operating This impacts final funding distribution 9) Senate and House Appropriations subcommittees conference their bills to merge Senate and House CDS/CFPs 10) Individual or omnibus appropriations bill is passed by Congress and signed into law by POTUS projects are funded 11) Federal agencies responsible for funding distribute funds typically in Q3 or Q4 of fiscal year April to September of 2024

  13. Basic Project Information Required by Members and Committees Official Project Name Project Purpose Short narrative description that will be made public if project is selected. o Think: What would the funding accomplish? Who will the project serve or benefit? Why are the funds needed? Justification of Request Project details Why is this a good use of taxpayer funds? Answer specific account criteria New or expanded services or opportunities for a population, geographic area, or partnership? If an on-going project what is current project status?

  14. Basic Project Information Required by Members and Committees Project Costs Costs and how the funding will be spent? Salaries; programming; equipment If project phases, cost per phase Total financing picture Are state, local, or private dollars also being contributed to the project? Shovel Ready projects that can start immediately or have started are prioritized Completion in fiscal year is NOT required Demonstrate Support from Community/Stakeholders/Validators Letter of support for project will be required Submit newspaper stories or editorials about your organization

  15. REMEMBER This is a HIGHLY competitive process. There is NO guarantee of funding. Work cooperatively and collaboratively with your Senate/House offices. Build a relationship with the Senate/House office that will be sustained into the future. Good luck!

  16. Engaging with Congress in Fiscal Year 2024 Pursuing Congressionally Directed Spending and Community Project Funding Bill Harper Harper Downing LLC Bill@HarperDowning.com Specializing in federal policy and congressional appropriations for businesses and non-profits

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