Earmark disclosure rules have been adopted in both the House and Senate during the 110th Congress, and those rules establish certain administrative responsibilities that vary by chamber. Under House rules, a Member requesting that an earmark be included in legislation is responsible for providing specific written information, such as the purpose and recipient of the earmark, to the committee of jurisdiction.
Further, House committees are responsible for compiling, presenting, and maintaining such requests in accord with House rules. In the House, disclosure rules apply to any congressional earmark, limited tax benefit, or limited tariff benefit included in either the text of a bill or any report accompanying the measure, including a conference report and joint explanatory statement. The disclosure requirements apply to earmarks in appropriations legislation, authorizing legislation, and tax measures. Furthermore they apply not only to measures reported by committees, but also to measures not reported by committees, “manager’s amendments,” and conference reports. These reports will be updated as needed.
Below are two new Congressional Research Service reports for download on Congress’s Earmark rules; one for the House and one for the Senate.