House and Senate rules define the term ea rmark slightly differently ( Table 1 ) but generally emphasize that an y congressionally directed spending, tax benefit, or tariff benefit be considered an earmark if it would benefit a specific entity or state, locality, or congressional district other than through a statutory or administrative formula or competitive award process. What Is the Earmark Moratorium? In the 112 th Congress (2011-2012), the House and Senate began observing what has been referred to as an earmark moratorium or earmark ban. The moratorium does not exist in House or Senate rules, however, and therefore is not enforced by points of order. Since the moratorium has been established through Republican Party rules and committee protocols and has been enforced by chamber and committee leadership through their agenda-setting power, presumably the moratorium might be "lifted" simply by either or both chambers permitting the development and consideration of legislation that includes earmarks. The House and Senate continue to have formal earmark disclosure requirements in their standing rules that were first established in the 110 th Congress (2007-2008) with the stated intention of bringing more transparency to earmarking. Requirements for House Members Submitting Earmark Requests

Under the House Code of Official Conduct, a Member requesting a congressional earmark is required to provide a written statement to the chair and ranking minority member of the committee of jurisdiction that includes:
the Member's name; the name and address of the intended earmark recipient (if there is no specific recipient, the location of the intended activity should be included); in the case of a limited tax or tariff benefit, identification of the individual or entities reasonably anticipated to benefit, to the extent known to the Member; the purpose of the earmark; and a certification that the Member or Member's spouse has no financial interest in such an earmark. Alternatively, Congress might choose to lift the earmark moratorium but institute any number of policies or restrictions to govern the use of congressional earmarks. Just as in the past, these policies or restrictions might be instituted through formal amendments to House and Senate standing rules or by enacting new provisions in law. Restrictions could also be instituted through party rules, leadership and committee practices and protocols, or standing order. For example, some policies could seek to add additional transparency to the earmarking process. Congress could also restrict the purposes for which an earmark might be used or prohibit certain entities from receiving earmarks entirely. Congress could also limit the amount that might be spent on an earmark. Congress could also choose to institute new policies or restrictions that would involve the executive branch.
While the term earmark has been used historically to describe various types of congressional spending actions, since the 110th Congress (2007-2008) House and Senate rules have defined an earmark as any congressionally directed spending, tax benefit, or tariff benefit that would benefit an entity or a specific state, locality, or congressional district. In the 112th Congress (2011-2012), the House and Senate began observing what has been referred to as an earmark moratorium or earmark ban. The moratorium does not exist in House or Senate chamber rules, however, and therefore is not enforced by points of order. Instead, the moratorium has been established by party rules and committee protocols and is enforced by chamber and committee leadership through their agenda-setting power.
In recent years, some Members have expressed interest in lifting the earmark moratorium. Whether or not the earmark moratorium is lifted, the House and Senate continue to have formal earmark disclosure rules that were implemented in the 110th Congress with the stated intention of bringing more transparency to earmarking. These rules generally prohibit consideration of certain legislation unless information is provided about any earmarks included in the legislation. House and Senate rules require that any Member submitting an earmark request provide a written statement that includes the name of the Member, the name and address of the earmark recipient, and a certification that the Member has no financial interest in the earmark. House and Senate rules require that committees determine whether a provision constitutes an earmark, and committees must compile and make accessible certain earmark-related information.
If Congress were to lift the current earmark ban, it might also choose to institute any number of policies or restrictions to govern the use of congressional earmarks. These policies or restrictions might be instituted through formal amendments to the House and Senate standing rules, by standing order, or by enacting new law. Such policies might also be instituted through party rules or leadership and committee practices and protocols. Some policies might seek to add more transparency to the earmarking process or prohibit certain types of entities from receiving earmarks. Restrictions might be implemented related to the purposes for which an earmark could be used or limiting the amount of federal dollars that might be spent on earmarks. Other policy approaches might potentially involve the executive branch or the congressional support agencies.