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Background
In U.S. politics, an earmark refers to congressional provisions that directs funds to be spent on specific projects (or directs specific exemptions from taxes or mandated fees). Earmarks can be found in both legislation (also called ""Hard earmarks"" or ""Hardmarks"") and in the text of Congressional committee reports (also called ""Soft earmarks"" or ""Softmarks"").
Hard earmarks are binding and have the effect of law, while soft earmarks do not have the effect of law but by custom are acted on as if they were binding. Typically, legislators seek to insert earmarks which direct a specified amount of money to a particular organization or project in his/her home state or district. Despite the lack of a consensus definition, the one most widely 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 has, within the powers granted under Article I, Section 8 of the United States Constitution, the ability to direct the appropriations of money drawn from the U.S. Treasury. This includes 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, defined in the Constitution, 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 has given itself the ability to direct a specified amount of money from an agency's budget to be spent on a particular project, without the Members of Congress having to identify themselves or the project.
Earmarks in U.S. legislation have been a point of contention for many years. Critics argue that the ability to earmark Federal funds should not be part of the legislative budget process. Tax money should be applied by Federal agencies according to objective findings of need and carefully constructed requests rather than being earmarked arbitrarily by elected officials.
Supporters of earmarks however, feel that elected officials are better able to prioritize funding needs in their own districts and states and that it is more democratic for these officials to make discreet funding decisions than unelected civil servants. Critics counter that elected representatives have too much of a vested interest in their own districts and do not have the Nation's interests as a whole in mind when making these decisions with taxpayer money. Additionally, with the power of earmarks, the Appropriations Committees in Congress become extremely powerful and coveted positions, with control over the earmarks allowed into legislation.
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Hard earmarks are binding and have the effect of law, while soft earmarks do not have the effect of law but by custom are acted on as if they were binding. Typically, legislators seek to insert earmarks which direct a specified amount of money to a particular organization or project in his/her home state or district. Despite the lack of a consensus definition, the one most widely 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 has, within the powers granted under Article I, Section 8 of the United States Constitution, the ability to direct the appropriations of money drawn from the U.S. Treasury. This includes 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, defined in the Constitution, 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 has given itself the ability to direct a specified amount of money from an agency's budget to be spent on a particular project, without the Members of Congress having to identify themselves or the project.
Earmarks in U.S. legislation have been a point of contention for many years. Critics argue that the ability to earmark Federal funds should not be part of the legislative budget process. Tax money should be applied by Federal agencies according to objective findings of need and carefully constructed requests rather than being earmarked arbitrarily by elected officials.
Supporters of earmarks however, feel that elected officials are better able to prioritize funding needs in their own districts and states and that it is more democratic for these officials to make discreet funding decisions than unelected civil servants. Critics counter that elected representatives have too much of a vested interest in their own districts and do not have the Nation's interests as a whole in mind when making these decisions with taxpayer money. Additionally, with the power of earmarks, the Appropriations Committees in Congress become extremely powerful and coveted positions, with control over the earmarks allowed into legislation.
see more on Wikipedia
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