Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupport
Contact Us
Search
Close

The Return of Earmarks to Congress

By Ryan M. Bernstein on March 12, 2021
Email this postTweet this postLike this postShare this post on LinkedIn

Earmarks are making a return to Congress. House Democrats have announced their intention to bring back earmarks after a moratorium lasting a decade. Removing the moratorium will give more power to individual lawmakers, especially Congressional members on the appropriations committees and the committees drafting the new infrastructure bill. It also provides stakeholders an opportunity to advocate for provisions and shape policy that is not necessarily included in the President’s budget.

Earmarks are defined as any congressionally directed spending, limited tax benefit, or limited tariff benefit if it benefits a specific entity or state, locality, or congressional district other than through a statutory or administrative formula or competitive award process.

During the 112th Congress (2011-2012), Congress began to observe an “earmark moratorium” or “earmark ban” that prohibited members from requesting a congressional earmark. The ban is not codified in House or Senate rules and is not enforceable by points of order, but instead has been extended by every Congress through each party’s internal rules and committee protocols.

Read more from McGuireWoods Consulting on new appropriations earmark guidelines, deadlines for appropriations requests, and infrastructure and transportation earmarks.

Photo of Ryan M. Bernstein Ryan M. Bernstein

Ryan joined McGuireWoods Consulting in April 2018 and serves as a senior vice president in the Federal Public Affairs group. He assists clients with matters before Congress, regulatory agencies and the executive branch with a particular focus on the agriculture and energy industries.

Read more about Ryan M. BernsteinEmail
  • Posted in:
    Government and Public Policy
  • Blog:
    Take Stock: Federal Policy Watch
  • Organization:
    McGuireWoods LLP

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
  • About LexBlog
  • The Field We Built
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo