An earmark is a designation within legislation that allocates spending to a particular project, institution, or geographic area, bypassing the competitive or formula-based processes agencies normally use to distribute funds. In the United States Congress, earmarks have historically been attached to appropriations bills, authorization bills, or accompanying committee reports. They are sometimes called "congressionally directed spending" in the Senate or "community project funding" in the House.
Earmarks can be hard (written into statutory text and legally binding) or soft (included in report language, which agencies typically honor as a matter of comity). Common targets include local infrastructure, university research centers, hospitals, defense contractors, and nonprofit organizations in a member's district or state.
Critics argue earmarks encourage logrolling, reward politically connected recipients, and inflate spending. The 2005 transportation bill's "Bridge to Nowhere" in Alaska became a widely cited example of perceived abuse. In response, the House and Senate adopted disclosure rules in 2007 requiring sponsors to be named and to certify no personal financial interest. House Republicans imposed a moratorium on earmarks in 2011, which the Senate effectively followed.
Earmarks returned in fiscal year 2022 under new transparency rules: sponsors must post requests publicly, certify no family financial benefit, and limit total earmarks to 1% of discretionary spending. The Government Accountability Office and the Congressional Research Service track and publish data on directed spending.
Defenders counter that earmarks are a constitutional exercise of Congress's Article I power of the purse, that they help leadership build coalitions to pass major legislation, and that elected legislators may understand local needs better than executive-branch agencies. The practice exists in other legislatures as well, though terminology varies — for instance, "pork-barrel" spending in general parlance, or discretionary constituency funds in parliamentary systems such as Kenya's Constituency Development Fund.
Example
In March 2022, the FY2022 omnibus appropriations bill signed by President Biden included roughly 5,000 earmarks worth about $9 billion, the first major return of the practice after a decade-long moratorium.
Frequently asked questions
Yes. They are a constitutional exercise of Congress's spending power under Article I, though both chambers impose internal disclosure and ethics rules on their use.
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