Earmark (politics)

For other uses, see Earmark.

In United States politics, an earmark is a legislative (especially congressional) provision that directs approved funds to be spent on specific projects, or that directs specific exemptions from taxes or mandated fees. The term "earmark" is used in this sense in several countries, such as the US and South Africa.

Earmarks come in two varieties: Hard earmarks, or "Hardmarks," found in legislation and Soft earmarks, or "Softmarks" found in the text of congressional committee reports. Hard earmarks are binding and have the effect of law; soft earmarks do not have the effect of law but by custom are acted upon as if they were binding. Typically, a legislator seeks to insert earmarks that direct a specified amount of money to a particular organization or project in their home state or district. Earmarks may be considered synonymous with "pork barrel" legislation, although the two are not necessarily the same.

Definition

Congressional earmarks are often loosely defined as guarantees of federal expenditures to particular recipients in appropriations-related documents.^{[citation needed]} The federal Office of Management and Budget defines earmarks as funds provided by Congress for projects or programs where the congressional direction (in bill or report language) circumvents Executive Branch merit-based or competitive allocation processes, or specifies the location or recipient, or otherwise curtails the ability of the Executive Branch to manage critical aspects of the funds allocation process.^{[citation needed]}

Attempts have been made to define earmarks in ethics and budget reform legislation.^{[citation needed]} However, due to the controversial nature of earmarks and the effects these definitions would have on congressional power, none of these has been widely accepted.^{[citation needed]}

Despite the lack of a consensus definition, the definition most widely used was developed by the Congressional Research Service, the public policy research arm of the U.S. Congress:

"Provisions associated with legislation (appropriations or general legislation) that specify certain congressional spending priorities or in revenue bills that apply to a very limited number of individuals or entities. Earmarks may appear in either the legislative text or report language (committee reports accompanying reported bills and joint explanatory statement accompanying a conference report)."

In the United States legislative appropriations process, Congress is required, by the limits specified under Article I, Section 9 of the United States Constitution, to pass legislation directing all appropriations of money drawn from the U.S. Treasury. This provides Congress with the power to earmark funds it appropriates to be spent on specific named projects. The earmarking process has become a regular part of the process of allocating funds within the Federal government.

Earmarking differs from the broader appropriations process in which Congress grants a yearly lump sum of money to a Federal agency. These monies are allocated by the agency according to its legal authority and internal budgeting process. With an earmark, Congress directs a specified amount of money from an agency's budget to be spent on a particular project. In the past Members of the Congress did not have to identify themselves or the project; however, as a result of recent reforms in Congress, earmarks are associated with requesting members in conference reports and members must certify that they and their immediate families have no direct financial interest in the earmark.^{[citation needed]}

Earmarks have often been treated as being synonymous with "pork barrel" legislation. Despite considerable overlap, the two are not the same: what constitutes an earmark is an objective determination, while what is "pork-barrel" spending is subjective. One legislator's "pork" is another's vital project.

In March 2010, the House Appropriations Committee implemented rules to ban earmarks to for-profit corporations. According to the New York Times, approximately 1,000 such earmarks were authorized in the previous year, worth $1.7 billion.

Defense

Scott Frisch and Sean Kelly point out that directing money to particular purposes is a core constitutional function of Congress. If Congress does not make a specific allocation, the task falls to the executive branch; there is no guarantee that the allocation made by executive agencies will be superior to Congress's. Presidents and executive officials can use the allocation of spending to reward friends and punish enemies. The process of earmarking has been substantially reformed since the beginning of the 110th Congress. Members of Congress must post all their requests on their websites and they must sign a certification letter (then put online) indicating that neither they nor their spouse has financial interest in the earmark request. Many members have instituted an applications process that their constituents must undergo for earmark requests. Finally, member-directed projects constitute less than 2 % of the federal budget.^{[citation needed]}

There are also those who opine that "earmarks are good.". See Cheese Factories on the Moon.

In popular culture

The Gravina Island Bridge, popularly known as the "Bridge to Nowhere," has become shorthand for frivolous earmarks.

"The Earmark" is also the name of a political satire website.

See Also

• Cheese Factories on the Moon
• Client politics
• Money loop
• Pork barrel

External links

• Earmarks Database from the Office of Management and Budget
• Seattle Times Database of Congressional Earmarks 2008