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Wednesday, January 5, 2011

Transportation Spending Under an Earmark Ban


Robert S. Kirk
Specialist in Transportation Policy

William J. Mallett
Specialist in Transportation Policy

David Randall Peterman
Analyst in Transportation Policy


Earmarks—formally known as congressionally directed spending—have directed a significant amount of federal transportation spending in recent years. Proposals to ban earmarks in authorization and appropriations bills are under consideration in both houses of Congress. This report discusses how federal highway, transit, and aviation funding might be distributed under an earmark ban, and how members of Congress might influence the distribution.

Currently, about 80% of federal highway funds and 70% of transit funds are distributed by formulas set forth in statutes. The distribution of formula highway funds is under the control of the states. The bulk of formula transit funding is under the control of local governments and public transit agencies. Most federal funding for aviation is for operation of the air traffic control system and safety-related programs and is generally not earmarked. Most aviation infrastructure spending is distributed according to priorities set forth in national plans, but a small percentage is available for earmarking. Federal funding for maritime purposes is directed by statute and is not earmarked.

Most of the remaining federal transportation funding is distributed under discretionary programs. U.S. Department of Transportation (DOT) discretionary funds are typically distributed through a competitive grant-making process, within guidelines established by Congress and the department. In practice, however, much of this funding has been earmarked by Congress in recent years. The precise share of federal transportation dollars that is spent on earmarks cannot readily be calculated, but according to a DOT Inspector General report, in FY2006 approximately 13% of DOT’s total budgetary resources were earmarked.

Banning earmarks would not eliminate the opportunity for members to direct the allocation of transportation resources. The funding formulas and eligibility rules in authorization bills can be shaped to favor particular states, congressional districts, and projects. “Soft” earmarks can be used to identify a project as a congressional priority in appropriations bill report language apparently without violating an earmark ban, based on current House and Senate rules, by not specifying an amount of funding. Without earmarking, members could continue to call or write DOT in support of projects. Members may also seek to influence the priority a project receives under mandated state and local planning procedures, which can increase the likelihood of federal funding without an earmark.



Date of Report: January 3, 2011
Number of Pages: 15
Order Number: R41554
Price: $29.95

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