Analysis: What Does the Senate Republican Earmark Ban Mean?

The rules of the Senate Republican Conference as recently affirmed state:

Resolved, that it is the policy of the Republican Conference that no Member shall request a congressionally directed spending item, limited tax benefit, or limited tariff benefit, as such items are used in Rule XLIV of the Standing Rules of the Senate.”

Senate Republican Conference Rules

But The Hill reports:

Senate Republicans technically upheld their own earmark ban when they affirmed their rules last week. But top GOP senators said it wasn’t binding and expect Republicans who want to request earmarks will do so.

“That doesn’t mean anything. … It’s up to the individual,” Sen. Richard Shelby (R-Ala.), the top Republican on the Appropriations Committee, said after the closed-door vote. “If you don’t want to earmark, don’t ask for one.”

From The Hill, April 26, 2021

In addition, Roll Call reports:

Republican earmark supporters have said for weeks they plan to request “congressionally directed spending” during the upcoming fiscal 2022 appropriations process regardless of what happens with the conference prohibition on earmarking.

“We don’t have to approve anything,” Shelby, R-Ala., said Wednesday before the meeting. “They’re allowed under the rules. They’ve never been disallowed. That’s not a rule. That’s a statement of the caucus. It doesn’t bind anybody.”

Republican Conference rules have said since the 115th Congress that “no Member shall request” a spending, tax or tariff-related earmark as defined under Senate rules. But the rules also say that “[no] action” by the conference “shall by binding in any way on members” during Senate votes.

From Roll Call, April 21, 2021

As we see statements of Senators who are requesting earmarks, we will compile a list of those who are confirmed to be submitting requests. If you have been in touch with a Senate office about a request, please post your experience in the comments and we will add them to the list.