Earmarks Disclosed by Congress: FY2008 and
FY2009 Regular Appropriations Bills
Carol Hardy Vincent
Specialist in Natural Resources Policy
Jim Monke
Specialist in Agricultural Policy
December 9, 2009
Congressional Research Service
7-5700
www.crs.gov
R40976
CRS Report for Congress
P
repared for Members and Committees of Congress

---

Earmarks Disclosed by Congress: FY2008 and FY2009 Regular Appropriations Bills

Summary
In 2007, both the House and the Senate established new earmark transparency procedures for
their respective chambers. They provide for public disclosure of approved earmarks and the
identification of their congressional sponsors, among other requirements. These procedures
currently are contained in House Rule XXI, clause 9, and Senate Rule XLIV.
This report provides information on the earmarks disclosed by the House and Senate for the 12
regular, annual appropriations bills for each of FY2008 and FY2009. For these bills, a list of
earmarks was typically included in the explanatory statement accompanying the final version of
the bill under the heading “Disclosure of Earmarks and Congressionally Directed Spending
Items.” However, for the State, Foreign Operations, and Related Programs appropriations bill, the
disclosures stated that there were no earmarks.
This report directly analyzes the data in the earmark disclosure lists, without additions or
deletions. For individual earmarks, the disclosures typically identify the federal agency, project
name, amount, and requester. In some cases, other information also has been included, such as an
account within an agency, or the purpose or location of the earmark.
In FY2009, Congress identified 12,099 earmarks with a total value of $30.7 billion. Some
appropriations bills account for more earmarks than others. For instance, about 83% of the 12,099
earmarks in FY2009 are in five of the 12 appropriations bills. The Energy and Water
Development and Related Agencies appropriations bill contains the greatest number of FY2009
earmarks—2,403, about 20% of the total number of earmarks.
The distribution of the value of earmarks is more concentrated, with about $26.1 billion, or 85%,
of the value of earmarks in four of the appropriations bills. The Military Construction and
Veterans Affairs and Related Agencies appropriations bill contains the greatest value of FY2009
earmarks—$12.2 billion, about 40% of the total value of earmarks. Some appropriations bills
account for fewer earmarks but have a greater share of the value, or vice versa.
House and Senate rules do not require congressional disclosure of presidentially requested
earmarks. However, seven appropriations bills in FY2009 list the President as a requester of
1,721 earmarks worth $18.6 billion (14% of the total number and 61% of the total value of
earmarks in the congressional disclosure lists). It is possible that there are more presidential
earmarks than those disclosed by Congress.
From FY2008 to FY2009, the two complete years for which these data are available, the total
number of appropriations earmarks decreased 6%, from 12,810 to 12,099. However, the total
value of earmarks increased 6%, from $28.9 billion to $30.7 billion. Most appropriations bills
showed a decrease in both the number and value of earmarks. For both FY2008 and FY2009,
1.8% of the total appropriation for all 12 bills was earmarked, or 2.9% if mandatory
appropriations are excluded.

Congressional Research Service

---

Earmarks Disclosed by Congress: FY2008 and FY2009 Regular Appropriations Bills

Contents
Introduction ................................................................................................................................ 1
Data on Congressional Disclosure of Earmarks ........................................................................... 3
Distribution of Earmarks in FY2009...................................................................................... 3
Earmarks as a Percentage of Appropriations in FY2009......................................................... 6
Congressionally Disclosed Earmarks Requested by the President .......................................... 7
Recent Earmark Trends: FY2008 and FY2009....................................................................... 9

Figures
Figure 1. Distribution of Number of Earmarks by Appropriations Bill, FY2009........................... 5
Figure 2. Distribution of Value of Earmarks by Appropriations Bill, FY2009............................... 5
Figure 3. Earmark Values as a Percentage of Non-Mandatory and Total Appropriations by
Bill, FY2009 ............................................................................................................................ 6
Figure 4. Number of Congressionally Disclosed Earmarks That List the President as a
Requester, FY2009................................................................................................................... 8
Figure 5. Value of Congressionally Disclosed Earmarks That List the President as a
Requester, FY2009................................................................................................................... 8
Figure 6. Number of Earmarks by Appropriations Bill, FY2008-FY2009................................... 10
Figure 7. Value of Earmarks by Appropriations Bill, FY2008-FY2009....................................... 10
Figure 8. Earmark Values as a Percentage of Non-Mandatory Appropriations by Bill,
FY2008-FY2009.................................................................................................................... 11

Tables
Table 1. Appropriations Bills....................................................................................................... 2
Table 2. FY2009 Earmarks Disclosed by Congress: Number, Dollar Value, and
Percentage of Total and Non-Mandatory Appropriations, by Appropriations Bill ...................... 4
Table 3. Congressionally Disclosed Earmarks That List the President as a Requester,
FY2009.................................................................................................................................... 8
Table 4. FY2008-FY2009 Earmarks Disclosed by Congress: Number and Dollar Value,
by Appropriations Bill.............................................................................................................. 9
Table 5. FY2008-FY2009 Earmarks Disclosed by Congress: Number, Dollar Value, and
Percentage of Total and Non-Mandatory Appropriations, by Appropriations Bill .................... 12

Contacts
Author Contact Information ...................................................................................................... 13
Key Policy Staff........................................................................................................................ 14
Congressional Research Service

---

Earmarks Disclosed by Congress: FY2008 and FY2009 Regular Appropriations Bills

Introduction
During 2007, both the House and the Senate established new earmark transparency procedures for
their respective chambers. They provide for public disclosure of approved earmarks and the
identification of their congressional sponsors, among other requirements. These procedures
currently are contained in House Rule XXI, clause 9, and Senate Rule XLIV.1
While the House rule requires disclosure of “congressional earmarks” and the Senate rule
requires disclosure of “congressionally directed spending items,” the terms are defined in the
same way. Thus, this report uses the term “earmark” to encompass both a “congressional
earmark” as used in the House rule and a “congressionally directed spending item” as used in the
Senate rule. Under both chambers’ rules, an earmark is a provision in legislation or report
language that meets certain criteria. First, it is included primarily at the request of a Member.
Second, it provides, authorizes, or recommends a specific amount of discretionary budget
authority, credit authority, or other spending authority (1) to an entity, or (2) to a specific state,
locality, or congressional district. However, the rules exclude funding set-asides that are selected
through a statutory or administrative formula-driven or competitive award process.2
This report provides information on the earmarks disclosed by the House and Senate for the 12
regular, annual appropriations bills for each of FY2008 and FY2009. For these bills, a list of
earmarks was typically included in the explanatory statement accompanying the final version of
the bill, under the heading “Disclosure of Earmarks and Congressionally Directed Spending
Items.”3 The abbreviations in Table 1 are used to reference the bills.

1 House Rules are available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=
110_cong_house_rules_manual&docid=110hruletx-78.pdf. Senate Rules are available at
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_senate_manual&docid=sd001_110-2.pdf.
2 This report describes only selected provisions of the earmark disclosure rules. The summary here is derived from CRS
Report RL34462, House and Senate Procedural Rules Concerning Earmark Disclosure, by Sandy Streeter. That report
provides a fuller explanation and comparison of the earmark procedures and requirements in House and Senate rules.
For information on the disposition of points of order raised in the Senate under these rules, see CRS Report RS22733,
Senate Rules Restricting the Content of Conference Reports, by Elizabeth Rybicki. Further, two CRS companion
reports outline the major administrative responsibilities of Members and committees associated with the earmark
disclosure rules. They are CRS Report RS22866, Earmark Disclosure Rules in the House: Member and Committee
Requirements, by Megan Suzanne Lynch and CRS Report RS22867, Earmark Disclosure Rules in the Senate: Member
and Committee Requirements, by Megan Suzanne Lynch.
3 In requiring disclosure of earmarks in legislation or report language, House and Senate rules apply to earmarks in
regular appropriations bills and each bill’s accompanying conference report. Conference reports contain two parts.
They include bill language reflecting the conference committee’s proposal for resolving the House and Senate
differences on a bill, and the joint explanatory statement that explains the bill language.
For FY2009, the earmark disclosure lists for nine appropriations bills are included in the explanatory statement for H.R.
1105 (enacted as P.L. 111-8). That statement is contained in a committee print of the House Appropriations Committee,
available at http://www.gpoaccess.gov/congress/house/appropriations/09conappro2.html. The nine bills are the
Agriculture, Commerce-Justice-Science, Energy-Water, Financial Services, Interior-Environment, Labor-HHS-
Education, Legislative Branch, State-Foreign Operations, and Transportation-HUD appropriations bills. The earmark
disclosure lists for the other three FY2009 bills are included in the explanatory statement for H.R. 2638 (enacted as
P.L. 110-329). That statement is contained in a committee print of the House Appropriations Committee, available at
http://www.gpoaccess.gov/congress/house/appropriations/09conappro.html. The three bills are the Defense, Homeland
Security, and Military Construction-VA appropriations bills.
For FY2008, the earmark disclosure lists for all appropriations bills except Defense are contained in the explanatory
statement for H.R. 2764 (enacted as P.L. 110-161). That statement is contained in a committee print of the House
Appropriations Committee, available at http://www.gpoaccess.gov/congress/house/appropriations/08conappro.html.
(continued...)
Congressional Research Service
1

---

Earmarks Disclosed by Congress: FY2008 and FY2009 Regular Appropriations Bills

Table 1. Appropriations Bills
Appropriations Bill
Abbreviation
Agriculture, Rural Development, Food and Drug Administration, and Related Agencies
Agriculture
Commerce, Justice, Science, and Related Agencies
Commerce-Justice-Science
Defense
Defense
Energy and Water Development and Related Agencies
Energy-Water
Financial Services and General Government
Financial Services
Homeland Security
Homeland Security
Interior, Environment, and Related Agencies
Interior-Environment
Labor, Health and Human Services, and Education, and Related Agencies
Labor-HHS-Education
Legislative Branch
Legislative Branch
Military Construction and Veterans Affairs and Related Agencies
Military Construction-VA
State, Foreign Operations, and Related Programs
State-Foreign Operations
Transportation, Housing and Urban Development, and Related Agencies
Transportation-HUD
Source: CRS.
The appropriations committees began publishing these disclosure lists in FY2008, the first year
under the new rules. This report analyzes the data in the lists directly, without additions or
deletions, as explained below. The disclosures typically identify the federal agency, project name,
amount, and requester. In some cases, other information also has been included, such as an
account within an agency, or the recipient, purpose, or location of the earmark.
For both FY2008 and FY2009, the explanatory statement for the State-Foreign Operations
appropriations bill states that that neither the bill text nor the accompanying explanatory
statement contain earmarks as defined in House and Senate rules. Consequently, most of the
discussion in this report focuses on the other 11 appropriations bills, for which Congress
disclosed earmarks for both fiscal years.
This report does not address earmarks disclosed for bills other than the 12 regular, annual
appropriations bills for FY2008 and FY2009. For example, it does not pertain to any earmarks
disclosed for supplemental appropriations bills or for authorizing legislation.
Tabulations in this report reflect all earmarks in the FY2008 and FY2009 disclosure lists for the
11 appropriations bills, regardless of what information is provided for each entry. For instance, no
distinctions are drawn based on the indicated requester. Some of the items identify the requester
as one or more Members, others note only the President, while still others indicate the President
and Members. Similarly, the counts of earmarks include those items in the disclosure lists for
which no funding level was indicated.
Observers of the budget process frequently focus on earmarks that were originated by Congress.
However, earmarking is not solely a congressional activity. Observers also have identified

(...continued)
The earmark disclosure list for the FY2008 Defense bill is contained in the explanatory statement in the conference
report on H.R. 3222 (enacted as P.L. 110-116).
Congressional Research Service
2

---

Earmarks Disclosed by Congress: FY2008 and FY2009 Regular Appropriations Bills

earmarking conducted by the President and others in the executive branch during budget
formulation and execution, both at their discretion and through interactions with Congress.4 There
is no source that defines and comprehensively identifies executive branch earmarks.
Nevertheless, some of the FY2008 and FY2009 congressional disclosure lists identify earmarks
as requested solely by the President, or by the President and one or more Members. A discussion
of these earmarks disclosed for FY2009 is presented below in the section on “Congressionally
Disclosed Earmarks Requested by the President.”
The tabulations in this report reflect the value of the earmarks in the disclosure lists, although
subsequent actions could have altered them. For instance, rescissions of funds might have
reduced the amounts identified as earmarked. Additionally, some of the earmarks may not have
been provided to recipients who did not comply with conditions or requirements.5
The balance of this report provides data on the earmarks disclosed by Congress for the FY2008
and FY2009 regular annual appropriations bills. First, a series of tables and graphs depicts data
for FY2009, the most recent fiscal year for which data are available for all enacted appropriations
bills. Second, another series of tables and graphs compares earmarks for FY2009 with earmarks
for FY2008, the first year for which Congress published earmark disclosure lists under chamber
rules. The tables and graphs contain data on the number and dollar value of the earmarks
disclosed for each appropriations bill. They also identify the portion of each bill’s total
appropriation and non-mandatory funding that was earmarked.
Data on Congressional Disclosure of Earmarks
Distribution of Earmarks in FY2009
In FY2009, Congress identified 12,099 earmarks worth $30.7 billion. About 1.8% of the total
regular FY2009 appropriation was earmarked, 2.9% if mandatory appropriations are excluded
(Table 2).
Some appropriations bills account for more earmarks than others. About 83% of the 12,099
earmarks in FY2009 are in five of the 12 appropriations bills (Energy-Water, Labor-HHS-
Education, Defense, Transportation-HUD, and Commerce-Justice-Science). 6 The Energy-Water
bill contains the greatest number of FY2009 earmarks (2,403, about 20% of all earmarks; Figure
1).
The distribution of the value of earmarks is more concentrated, with about $26.1 billion, or 85%,
of the value of earmarks in four of the appropriations bills (Military Construction-VA, Energy-
Water, Defense, and Transportation-HUD). The Military Construction-VA bill contains the
greatest value of FY2009 earmarks ($12.2 billion, about 40% of the combined value of earmarks;
Figure 2).

4 For related discussion, see CRS Report RL34648, Bush Administration Policy Regarding Congressionally Originated
Earmarks: An Overview, by Clinton T. Brass, Garrett Hatch, and R. Eric Petersen.
5 No source comprehensively tracks subsequent actions that could have altered the number or value of earmarks
disclosed by Congress.
6 These five bills account for 10,007 of the 12,099 earmarks disclosed by Congress for FY2009.
Congressional Research Service
3

---

Earmarks Disclosed by Congress: FY2008 and FY2009 Regular Appropriations Bills

Table 2. FY2009 Earmarks Disclosed by Congress: Number, Dollar Value, and
Percentage of Total and Non-Mandatory Appropriations, by Appropriations Bill

Earmarks
Total appropriation in bill
Non-mandatory appropriation
Appropriations Bill
Number $ million
$ million
% earmarks
$ million
% earmarks
Energy-Water 2,403
5,940
33,795
17.6%
33,795
17.6%
Labor-HHS-Education 2,155
973
633,367a 0.2%
154,977a 0.6%
Defenseb 2,025
4,866
488,016
1.0%
487,737
1.0%
Transportation-HUD 1,879
3,084
109,063 2.8%
109,063 2.8%
Commerce-Justice-Science 1,545 758 59,845c 1.3%
57,570c 1.3%
Military Construction-VA
578
12,213 119,608 10.2% 72,865 16.8%
Interior-Environment 562
554
27,591
2.0%
27,579 2.0%
Agriculture 521
380
107,682d 0.4%
21,053d 1.8%
Financial Services
279
1,153
44,582
2.6%
22,697
5.1%
Homeland Security
149
738
41,225
1.8%
39,989
1.8%
Legislative Branch
3
0.38
4,402
0.01%
4,402
0.01%
State-Foreign Operations
0
0
36,777e 0% 36,620e 0%
FY2009 Total
12,099
30,661
1,705,953
1.8%
1,068,347
2.9%
Source: CRS, compiled from appropriations totals in detailed funding tables and statements of “Disclosure of
Earmarks and Congressional y Directed Spending Items” for P.L. 110-329 and P.L. 111-8.
Notes: Appropriations bills are ordered by the number of earmarks.
a. These totals do not include $5.1 billion in previously appropriated FY2009 funds for the Low-Income Home
Energy Assistance Program (LIHEAP).
b. Total appropriations and non-mandatory appropriations reflect scorekeeping adjustments.
c. These totals do not include $82.6 million in previously appropriated FY2009 supplemental funds that are
included in the tables accompanying the FY2009 omnibus appropriations act.
d. These totals do not include $405.0 million in previously appropriated FY2009 supplemental funds that are
included in the tables accompanying the FY2009 omnibus appropriations act.
e. These totals do not include $3.68 billion in previously appropriated FY2009 supplemental funds that are
included in the tables accompanying the FY2009 omnibus appropriations act.
Some appropriations bills account for fewer earmarks but have a greater share of the value, or
vice versa. For example, Military Construction-VA is ranked sixth in the number of earmarks
(with 5%), but is ranked first by the value of earmarks (with 40%). In contrast, five bills are
ranked lower by the value of earmarks than their rank by number. Energy-Water is ranked first by
number but second by value; Labor-HHS-Education is ranked second by number but sixth by
value; Commerce-Justice-Science is ranked fifth by number but seventh by value; Interior is
seventh by number but ninth by value, and Agriculture is eighth by number but tenth by value
(Figure 1 and Figure 2).
Congressional Research Service
4

---

Earmarks Disclosed by Congress: FY2008 and FY2009 Regular Appropriations Bills

Figure 1. Distribution of Number of Earmarks by Appropriations Bill, FY2009
(Total: 12,099 in congressional disclosure lists)
Transportation-
Military
HUD
Commerce-
Construction-VA
15.5%
Justice-Science
4.8%
12.8%
Interior-
Environment
Defense
4.6%
16.7%
Agriculture
4.3%
Financial
Services
2.3%
Labor-HHS-
Education
Homeland
Energy-Water
17.8%
Security
19.9%
1.2%

Source: CRS, compiled from the “Disclosure of Earmarks and Congressionally Directed Spending Items” for
P.L. 110-329 and P.L. 111-8.
Notes: Does not show the Legislative Branch bill (0.02%) or State-Foreign Operations (0%).
Figure 2. Distribution of Value of Earmarks by Appropriations Bill, FY2009
(Total: $30.7 billion in congressional disclosure lists)
Financial
Defense
Services
15.9%
3.8%
Transportation-
Labor-HHS-
HUD
Energy-Water
Education
10.1%
19.4%
3.2%
Commerce-
Justice-Science
2.5%
Homeland
Security
2.4%
Interior-
Environment
1.8%
Military
Construction-VA
Agriculture
39.8%
1.2%

Source: CRS, compiled from the “Disclosure of Earmarks and Congressionally Directed Spending Items” for
P.L. 110-329 and P.L. 111-8.
Notes: Does not show the Legislative Branch bill (0.001%) or State-Foreign Operations (0%).
Congressional Research Service
5

---

Earmarks Disclosed by Congress: FY2008 and FY2009 Regular Appropriations Bills

Earmarks as a Percentage of Appropriations in FY2009
Another measure of the magnitude of earmarks is the percentage of the appropriation that is
earmarked. There are various types of appropriations totals, but perhaps the two most relevant for
this comparison are the grand total and the total of non-mandatory appropriations (Table 2).
Earmarks are predominantly, if not exclusively, found in discretionary accounts. All
appropriations bills include discretionary spending, and some include mandatory spending.
Discretionary spending supports a wide variety of activities. It is controlled by the appropriations
acts, which are under the jurisdiction of the House and Senate Committees on Appropriations.
Mandatory spending primarily funds entitlement programs. It is controlled by the authorization
(or legislative) acts, which are under the jurisdiction of the authorizing committees.7
Figure 3. Earmark Values as a Percentage of Non-Mandatory and
Total Appropriations by Bill, FY2009
0%
5%
10%
15%
20%
25%
Energy-Water
Military Construction-VA
Financial Services
Total, All Bills /a/
Transportation-HUD
Interior-Environment
FY2009 earmarks as a ...
Homeland Security
% of non-mandatory appropriation
% of total appropriation
Agriculture
Commerce-Justice-Science
Defense
Labor-HHS-Education
Legislative Branch

Source: CRS, compiled from appropriations totals in detailed funding tables and statements of “Disclosure of
Earmarks and Congressional y Directed Spending Items” for P.L. 110-329 and P.L. 111-8.
Notes: Appropriations bills are ordered by the percentage of non-mandatory appropriations. This figure does
not show the State-Foreign Operations bill because it had no earmarks. /a/ Reflects the percentages of the total
and non-mandatory appropriations across all 12 bills that were earmarked (1.8%, and 2.9%, respectively).
In addition, the Transportation-HUD bill separately identifies contract authority, which is
included in these tables as non-mandatory appropriations. The difference between the total and

7 CRS Report 97-684, The Congressional Appropriations Process: An Introduction, by Sandy Streeter, pp. 15-16.
Congressional Research Service
6

---

Earmarks Disclosed by Congress: FY2008 and FY2009 Regular Appropriations Bills

non-mandatory appropriation can be large for some bills, such as Labor-HHS-Education (which
has mandatory funds for Medicare and Medicaid, among other programs) and Agriculture (which
has mandatory funds for food stamps and the farm commodity programs).
For all 12 FY2009 appropriations bills combined, 1.8% of the total regular appropriation is
earmarked, and 2.9% of the non-mandatory appropriation.
The percentages of regular FY2009 total appropriations that were earmarked ranged from 0% for
the State-Foreign Operations bill to 17.6% for the Energy-Water appropriations bill (Table 2,
Figure 3). However, for all of the bills except two (Energy-Water, and Military Construction-
VA), the percentages of total appropriations that were earmarked are less than 3%.
When mandatory funds are excluded, the percentages earmarked can change significantly. For
example, the percentage of the FY2009 total appropriation earmarked for Military Construction-
VA is 10.2%, but it increases to 16.8% of the non-mandatory appropriation (Table 2, Figure 3).
For Financial Services, the respective percentages are 2.6% and 5.1%; for Agriculture, 0.4% and
1.8%; and for Labor-HHS-Education, 0.2% and 0.6%.
Congressionally Disclosed Earmarks Requested by the President
House and Senate rules do not require congressional disclosure of presidentially requested
earmarks. The disclosure lists for some bills, however, include the “President” as a requester.
Table 3 presents the number and value of FY2009 earmarks in the disclosure lists that were
requested by the President. It is not clear that Administration earmarks are defined or disclosed
consistently across all appropriations bills. Thus, it is possible that there may be more
presidentially requested earmarks than are reflected in Table 3.
Seven of the 11 FY2009 appropriations bills with congressionally disclosed earmarks list the
“President” as a requester of some earmarks, alone or with Members of Congress. The total
across all appropriations bills in FY2009 is 1,721 earmarks worth $18.6 billion (14% of the total
number and 61% of the total value; the left half of Table 3). The President is disclosed as the only
requester (no Members of Congress are listed as a requester) for a subset of these earmarks. The
total across all the bills is 720 earmarks worth $4.8 billion (6% of the total number and 16% of
the total value; the right half of Table 3).
Most of these disclosed earmarks requested by the President were in the Energy-Water bill (1,211
earmarks, 50% of the bill’s number) and the Military Construction-VA bill (401 earmarks, 69% of
the bill’s number), as shown in Figure 4. Most of the value of these earmarks was in the Military
Construction-VA bill ($10.9 billion, 89% of the bill’s total earmark value) and the Energy-Water
bill ($4.6 billion, 78% of the bill’s total earmark value), as shown in Figure 5. Four of the 11 bills
with earmarks (Commerce-Justice-Science, Defense, Labor-HHS-Education, and Legislative
Branch) do not have any congressionally disclosed earmarks that list the President as a requester.
The relatively large number and dollar value of presidentially requested earmarks for Military
Construction-VA and Energy-Water reflect the practices of some agencies within these bills of
requesting and managing funds at the project level. Specifically, the Department of Defense
typically requests funds for individual military construction projects, and such requests are among
those disclosed for the Military Construction-VA bill. Similarly, the Corps of Engineers and the
Bureau of Reclamation typically request funds for specific agency projects, and these requests are
among the earmarks disclosed for the Energy-Water bill.
Congressional Research Service
7

---

Earmarks Disclosed by Congress: FY2008 and FY2009 Regular Appropriations Bills

Table 3. Congressionally Disclosed Earmarks That List the President as a Requester,
FY2009

“President" is listed as a requester
"President" is listed as the only requester
Pct. of
Pct. of
Pct. of
Pct. of
Number
total
Value of
total
Number
total
Value of
total
of
number
earmarks
value in
of
number
earmarks
value in
Bill
earmarks
in bill
($ million)
bill
earmarks
in bill
($ million)
bill
Energy-Water
1,211 50% 4,619 78% 565 24% $1,040 18%
Military Construction-VA
401
69% 10,891 89% 110 19% $2,666 22%
Transportation-HUD 46
2%
1,598
52%
13
1%
$108
4%
Homeland
Security
27 18%
405 55% 23 15% $312 42%
Interior-Environment
19 3%
121 22%
— —
— —

Financial
Services
13 5% 1,011 88% 9 3% $667 58%
Agriculture
4 1%
4 1% —
—
— —

Total of all bills
1,721
14% 18,648 61% 720 6% 4,794 16%
Source: CRS, compiled from the statements of “Disclosure of Earmarks and Congressional y Directed Spending
Items” for P.L. 110-329 and P.L. 111-8.
Notes: Bills are ordered by the number of earmarks in each bill that list the President as a requester. The
following four bills did not disclose any presidentially requested earmarks: Commerce-Justice-Science, Defense,
Labor-HHS-Education, and Legislative Branch. The State Foreign-Operations bill had no earmarks.
Figure 4. Number of Congressionally
Figure 5. Value of Congressionally
Disclosed Earmarks That List the
Disclosed Earmarks That List the
President as a Requester, FY2009
President as a Requester, FY2009
0
500
1000
1500
2000
2500
(Billions) $0
$2
$4
$6
$8
$10 $12
Energy-Water
Military Construction-VA
Military Construction-VA
Energy-Water
Transportation-HUD
Transportation-HUD
Homeland Security
Financial Services
Interior-Environment
Requester:
Homeland Security
Requester:
President only
President only
Financial Services
Interior-Environment
President and Members
President and Members
Members only
Members only
Agriculture
Agriculture


Source: CRS, compiled from earmark disclosure
Source: CRS, compiled from earmark disclosure
lists for enacted appropriations bills.
lists for enacted appropriations bills.
Notes: Appropriations bills are ordered by the
Notes: Appropriations bills are ordered by the
number of earmarks that list the President as a
value of earmarks that list the President as a
requester. The following four bills did not disclose
requester. The following four bills did not disclose
any presidentially requested earmarks: Commerce-
any presidentially requested earmarks: Commerce-
Justice-Science, Defense, Labor-HHS-Education, and
Justice-Science, Defense, Labor-HHS-Education, and
Legislative Branch. The State Foreign-Operations bill
Legislative Branch. The State Foreign-Operations bill
had no earmarks.
had no earmarks.
Congressional Research Service
8

---

Earmarks Disclosed by Congress: FY2008 and FY2009 Regular Appropriations Bills

Recent Earmark Trends: FY2008 and FY2009
From FY2008 to FY2009, the two complete years for which these data are available, the total
number of appropriations earmarks decreased 6% to 12,099. However, the total value of earmarks
increased 6% to $30.7 billion (Table 4). Most appropriations bills showed a decrease in both the
number and value of earmarks, as discussed below. The percent of the appropriations across all
bills that was earmarked remained the same for FY2008 and FY2009: 1.8% of the total
appropriations in the bills and 2.9% of the non-mandatory appropriations in the bills.
The 12,099 total number of earmarks in FY2009 is 6% less (711 fewer earmarks) than the 12,810
earmarks in FY2008. Eight of the 11 bills with earmarks had a decrease in number, including the
five bills accounting for 83% of the earmarks (Energy-Water, Labor-HHS-Education, Defense,
Transportation-HUD, and Commerce-Justice-Science; Figure 6). A different subset of three bills
(Transportation-HUD, Commerce-Justice-Science, and Agriculture) accounted for 78% of the
decline in number (555 fewer earmarks). Only three bills (Financial Services, Homeland Security,
and Military Construction-VA) had an increase in the number (68 more earmarks).
While the overall number of earmarks decreased from FY2008 to FY2009, the $30.7 billion total
value in FY2009 is 6% more (+$1.8 billion) than in FY2008. Nonetheless, seven of 11 bills had a
decrease in the value of earmarks, subtotaling a nearly $1 billion decline. Four bills (Military
Construction-VA, Homeland Security, Financial Services, and Transportation-HUD) had an
increase in the value of earmarks. The Military Construction-VA bill accounts for the magnitude
of the increase in the value of earmarks, with a $2.2 billion (+22%) increase (Figure 7).
Table 4. FY2008-FY2009 Earmarks Disclosed by Congress: Number and Dollar Value,
by Appropriations Bill

Number
Value ($ million)
Appropriations Bill
FY2008
FY2009
Change % Change
FY2008
FY2009
Change
% Change
Energy-Water 2,427
2,403
-24
-1%
6,595
5,940
-655
-10%
Labor-HHS-Education 2,241
2,155
-86 -4%
1,027 973
-54
-5%
Defense 2,049
2,025
-24
-1%
4,982
4,866
-116
-2%
Transportation-HUD 2,149
1,879
-270
-13%
2,954
3,084
+131
+4%
Commerce-Justice-Science 1,728 1,545 -183 -11% 823
758
-65 -8%
Military Construction-VA
573
578
+5 +1%
10,044 12,213 +2,170 +22%
Interior-Environment 651
562
-89
-14%
625
554
-70
-11%
Agriculture 623
521
-102
-16%
402
380
-23
-6%
Financial Services
234
279
+45
+19%
1,001
1,153
+151
+15%
Homeland Security
131
149
+18
+14%
424
738
+315
+74%
Legislative
Branch
4 3
-1
-25% 0.40 0.38
-0.02
-5%
State-Foreign Operations
0
0
0
0%
0
0
0
0%
Total 12,810
12,099
-711
-6%
28,878
30,661
+1,783
+6%
Source: CRS, compiled from the statements of “Disclosure of Earmarks and Congressional y Directed Spending
Items” for P.L. 110-116, P.L. 110-161, P.L. 110-329, and P.L. 111-8.
Notes: Appropriations bills are ordered by the number of earmarks in FY2009.
Congressional Research Service
9

---

Earmarks Disclosed by Congress: FY2008 and FY2009 Regular Appropriations Bills

Figure 6. Number of Earmarks by Appropriations Bill, FY2008-FY2009
0
500
1,000
1,500
2,000
2,500
Energy-Water
Labor-HHS-Education
Defense
Transportation-HUD
Commerce-Justice-Science
Military Construction-VA
Interior-Environment
Agriculture
Number of earmarks in...
Financial Services
FY2008
FY2009
Homeland Security
Legislative Branch

Source: CRS, compiled from earmark disclosure lists in enacted appropriations acts.
Notes: Appropriations bills are ordered by the number of earmarks in FY2009. This figure does not show the
State-Foreign Operations bill because it had no earmarks.
Figure 7. Value of Earmarks by Appropriations Bill, FY2008-FY2009
$0
$2
$4
$6
$8
$10
$12 billion
Military Construction-VA
Energy-Water
Defense
Transportation-HUD
Financial Services
Labor-HHS-Education
Commerce-Justice-Science
Value of earmarks in...
Homeland Security
FY2008
FY2009
Interior-Environment
Agriculture
Legislative Branch

Source: CRS, compiled from earmark disclosure lists in enacted appropriations acts.
Notes: Appropriations bills are ordered by the value of earmarks in FY2009. This figure does not show the
State-Foreign Operations bill because it had no earmarks.
Congressional Research Service
10

---

Earmarks Disclosed by Congress: FY2008 and FY2009 Regular Appropriations Bills

Table 5 is a multi-year version of Table 2 that contains data on the earmarked percentage of
appropriations for both FY2008 and FY2009, as well as the number and value of earmarks.
Appropriations bills in Table 5 are ordered by the percentage of FY2009 non-mandatory
appropriations.
For seven of 11 bills, the percentage of non-mandatory appropriations that were earmarked fell
from FY2008 to FY2009 (Energy-Water, Transportation-HUD, Interior-Environment,
Agriculture, Commerce-Justice-Science, Defense, and Labor-HHS-Education; Figure 8, Table
5). For three bills, the percentage earmarked rose (Military Construction-VA, Financial Services,
and Homeland Security). For one bill, the percentage stayed the same (Legislative Branch,
rounded to 0.01%).
Figure 8. Earmark Values as a Percentage of Non-Mandatory Appropriations by Bill,
FY2008-FY2009
0%
5%
10%
15%
20%
25%
Energy-Water
Military Construction-VA
Financial Services
Total, All Bills /a/
Transportation-HUD
Interior-Environment
Homeland Security
Earmarks as a % of non-mandatory
Agriculture
appropriations in...
FY2008
Commerce-Justice-Science
FY2009
Defense
Labor-HHS-Education
Legislative Branch

Source: CRS, compiled from appropriations totals and earmark disclosure lists in enacted appropriations acts.
Notes: Appropriations bills are ordered by the earmark value as a percentage of non-mandatory appropriations
in FY2009. This figure does not show the State-Foreign Operations bill because it had no earmarks. /a/ Reflects
the percentage of the total non-mandatory appropriation for all 12 bills that was earmarked (2.9% in both years).
Congressional Research Service
11

---

Earmarks Disclosed by Congress: FY2008 and FY2009 Regular Appropriations Bills

Table 5. FY2008-FY2009 Earmarks Disclosed by Congress: Number, Dollar Value, and
Percentage of Total and Non-Mandatory Appropriations, by Appropriations Bill

Earmarks
Total appropriation in bill
Non-mandatory appropriation
Bill, year
Number $ million
$ million
% earmarks
$ million
% earmarks
Energy-Water




FY2008 2,427
6,595
31,466a 21.0%b 31,466a 21.0%b
FY2009 2,403
5,940
33,795
17.6%
33,795
17.6%
Military Construction-VA






FY2008 573
10,044
108,391
9.3%
63,904
15.7%
FY2009 578
12,213
119,608
10.2%
72,865
16.8%
Financial Services






FY2008 234
1,001
43,281
2.3%
20,599
4.9%
FY2009 279
1,153
44,582
2.6%
22,697
5.1%
Transportation-HUD





FY2008 2,149
2,954
103,579
2.9%
103,579c 2.9%
FY2009 1,879
3,084
109,063
2.8%
109,063c 2.8%
Interior-Environment





FY2008 651
625
26,891a 2.3%b 26,831a,d 2.3%b
FY2009 562
554
27,591
2.0%
27,579
2.0%
Homeland Security






FY2008 131
424
38,747
1.1%
37,562
1.1%
FY2009 149
738
41,225
1.8%
39,989
1.8%
Agriculture





FY2008 623
402
91,028a 0.4%b 19,527a 2.1%b
FY2009 521
380
107,682e 0.4% 21,053e 1.8%
Commerce-Justice-Science





FY2008 1,728
823
53,735
1.5%
53,507f 1.5%
FY2009 1,545
758
59,845g 1.3% 57,570g 1.3%
Defenseh






FY2008 2,049
4,982
459,594
1.1%
459,332
1.1%
FY2009 2,025
4,866
488,016
1.0%
487,737
1.0%
Labor-HHS-Education





FY2008 2,241
1,027
603,917a 0.2%b 148,652a 0.7%b
FY2009 2,155
973
633,367i 0.2% 154,977i 0.6%
Legislative Branch






FY2008 4
0.40
3,970a 0.01%b 3,970a 0.01%b
FY2009 3
0.38
4,402
0.01%
4,402
0.01%
Congressional Research Service
12

---

Earmarks Disclosed by Congress: FY2008 and FY2009 Regular Appropriations Bills


Earmarks
Total appropriation in bill
Non-mandatory appropriation
Bill, year
Number $ million
$ million
% earmarks
$ million
% earmarks
State-Foreign Operations






FY2008 0
0
35,343a 0%
35,184a 0%
FY2009 0
0
36,777j 0% 36,620j 0%
Total




FY2008 12,810
28,878
1,599,941
1.8%
1,004,111
2.9%
FY2009 12,099
30,661
1,705,953
1.8%
1,068,347
2.9%
Source: CRS, compiled from appropriations totals in detailed funding tables and statements of “Disclosure of
Earmarks and Congressional y Directed Spending Items” for P.L. 110-116, P.L. 110-161, P.L. 110-329, and P.L.
111-8.
Notes: Appropriations bills are ordered by the FY2009 earmark value as a percentage of non-mandatory
appropriations.
a. This figure reflects an across-the-board reduction as detailed in P.L. 110-161. The percentage of the
reduction varies for different bills, but ranges from 0.25% for Legislative Branch to 0.7% for Agriculture,
0.81% for State-Foreign Operations, 1.6% and 0.91% for Energy-Water, 1.56% for Interior-Environment, and
1.747% for Labor-HHS-Education.
b. The dollar value of earmarks in the disclosure list without the across-the-board reduction is compared to
the total appropriation and non-mandatory appropriation with the across-the-board reduction. However,
this inconsistency does not appear to material y affect the percentages reported because the sizes of both
the across-the-board cuts and the value of earmarks as a percentage of appropriations were relatively small.
c. Mandatory appropriations were not identified separately. Subsequent information from the House
Appropriations Committee does not identify any of the funding as mandatory.
d. Mandatory appropriations were not identified separately. Subsequent information from the House
Appropriations Committee indicates that $60 million was mandatory.
e. These totals do not include $405 million in previously appropriated FY2009 supplemental funds that are
included in the tables accompanying the FY2009 omnibus appropriations act.
f.
Mandatory appropriations were not identified separately. Subsequent information from the House
Appropriations Committee indicates that $228.3 million was mandatory.
g. These totals do not include $82.6 million in previously appropriated FY2009 supplemental funds that are
included in the tables accompanying the FY2009 omnibus appropriations act.
h. Total appropriations and non-mandatory appropriations reflect scorekeeping adjustments.
i.
These totals do not include $5.1 billion in previously appropriated FY2009 funds for the Low-Income Home
Energy Assistance Program (LIHEAP).
j.
These totals do not include $3.68 billion in previously appropriated FY2009 supplemental funds that are
included in the tables accompanying the FY2009 omnibus appropriations act.

Author Contact Information

Carol Hardy Vincent
Jim Monke
Specialist in Natural Resources Policy
Specialist in Agricultural Policy
chvincent@crs.loc.gov, 7-8651
jmonke@crs.loc.gov, 7-9664

Congressional Research Service
13

---

Earmarks Disclosed by Congress: FY2008 and FY2009 Regular Appropriations Bills

Key Policy Staff

Area of Expertise
Name
Phone
E-mail
Agriculture, Rural Development, Food
Jim Monke
7-9664
jmonke@crs.loc.gov
and Drug Administration, and Related
Agencies Appropriations, Coordinator
Commerce, Justice, Science, and
Nathan James
7.0264
njames@crs.loc.gov
Related Agencies Appropriations,
Coordinator

Defense Appropriations, Coordinator
Pat Towel
7-2122
ptowel @crs.loc.gov
Energy and Water Development and
Carl E. Behrens
7-8303
cbehrens@crs.loc.gov
Related Agencies Appropriations,
Coordinator

Financial Services and General
Garrett Hatch
7-7822
ghatch@crs.loc.gov
Government Appropriations,
Coordinator
Homeland Security Appropriations,
Jennifer E. Lake
7-0620
jlake@crs.loc.gov
Coordinator
Interior, Environment, and Related
Carol Hardy Vincent
7-8651
chvincent@crs.loc.gov
Agencies Appropriations, Coordinator
Labor, Health and Human Services,
Pamela W. Smith
7-7048
psmith@crs.loc.gov
and Education, and Related Agencies
Appropriations, Coordinator
Legislative Branch Appropriations,
Ida A. Brudnick
7-6460
ibrudnick@crs.loc.gov
Coordinator
Military Construction and Veterans
Daniel H. Else
7-4996
delse@crs.loc.gov
Affairs and Related Agencies
Appropriations, Coordinator
State, Foreign Operations, and Related
Susan B. Epstein
7-6678
sepstein@crs.loc.gov
Programs Appropriations, Coordinator
Transportation, Housing and Urban
David Randal Peterman
7-3267
dpeterman@crs.loc.gov
Development, and Related Agencies
Appropriations, Coordinator


Congressional Research Service
14

---