Institutional earmarks: the earmark moratorium and federal highway spending

Abstract In 2010, the United States Congress placed a moratorium on earmarks – congressionally mandated spending projects. But did the earmark moratorium actually rid public policy of earmarks? I use earmark data and 2010–2020 state-level highway funding metrics to examine the relationship between previously expired transportation earmarks and federal highway funding during the earmark moratorium. Earmarks in the 2005 surface transportation law (SAFETEA-LU) continued to benefit certain states in 2020, even though the projects technically expired in 2009. This is because the funding “formulas” established by all post-2009 surface transportation laws were fully determined by the highway allocation percentage each state received in the preceding year, inclusive of earmarks. Further, I find the relationship between SAFETEA-LU earmarks and state funding disparities strengthened from 2010 to 2020, meaning the expired earmarks increased in policy significance during the moratorium. Highly earmarked states became even more advantaged after the earmarks were institutionalised into the highway funding formula.