WASHINGTON — House Democrats’ earmarks proposal will include a cap on total project funding and more guardrails than lawmakers had to adhere to before “congressionally directed spending” was banned more than a decade ago.
According to a copy of the proposal, Democrats are planning to cap the total amount of money that can be spent on earmarks to 1 percent of total discretionary spending. It would also limit the earmarks in each of the dozen appropriations bills to 1 percent of the bill’s topline funding level.
For-profit entities will not be eligible for earmarks and the Government Accountability Office will audit the process, though exactly how is still being determined by House leadership.
Members will be capped at submitting 10 earmark requests per fiscal year, though members aren’t guaranteed to get those earmarks included in the annual government funding bills.
The House will continue to require the oversight and transparency restrictions Democrats put in place before the ban took effect in 2011, though there is a chance other rules are agreed to before Democrats release their official guidance for earmarks ahead of the fiscal 2022 budget process.
Those rule changes included requiring members to make their requests and the justifications for them public, and requiring them to certify neither they nor their family members have any financial interest in a particular earmark.
House Appropriations Chair Rosa DeLauro, D-Conn., has been working on the earmarks proposal with Senate Appropriations Chairman Patrick J. Leahy, D-Vt., but for now the procedures described to CQ Roll Call apply to the House only.
House Majority Leader Steny H. Hoyer, D-Md., told reporters this week that he expects Republicans will participate in the process, though he declined to discuss conversations he’s had on the topic with House Minority Leader Kevin McCarthy, R-Calif.
“I’ve talked to a lot of Republicans, who I expect are going to be requesting earmarks for their districts,” Hoyer said.
Senate Minority Leader Mitch McConnell, R-Ky., is less bullish on Republicans participating, saying on Fox News on Thursday evening that “earmarks are very unpopular among Republicans.”
“I represent the entire conference and I can tell you the overwhelming majority of the Republican conference in the Senate is not in favor of going back to earmarks,” McConnell said. “I’m assuming those people — even if Democrats craft the bill so that those are permitted — will not be asking for them.”
Both House and Senate Republican party rules include a prohibition on earmarking.
Democrats’ move to bring back earmarks in the House and Senate this session has set off an internal debate within the GOP about whether members should try to secure money for their districts or states through the process or sit it out.
The House Freedom Caucus is firmly opposed to a return to earmarking, while senior Republicans like Senate Appropriations ranking member Richard C. Shelby of Alabama and House Rules ranking member Tom Cole both back a controlled return to a transparent process.
“When focused on core infrastructure and community service needs, this tool can vitally help members to ensure their constituencies are not overlooked,” Cole, R-Okla., said in a statement.
A Senate Republican aide not authorized to speak publicly said Friday afternoon that the GOP is still trying to work through the proposal and determine how to address party rules.
“I wouldn’t characterize us as opposed to or supporting anything right now,” the aide said.
The aide said Republicans would like some clarity on how exactly the 1 percent of funding would be determined. For example, the aide questioned whether Overseas Contingency Operations accounts or changes to mandatory programs be counted toward the total amount of discretionary spending or not.
