I 

113TH CONGRESS 

2D SESSION H. R. 4715 

To rescind unused earmarks provided for the Department of Transportation, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 22, 2014 

Mr. LANKFORD introduced the following bill; which was referred to the Committee on Appropriations, and in addition to the Committees on Transportation and Infrastructure and Oversight and Government Reform, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To rescind unused earmarks provided for the Department 

of Transportation, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Orphan Earmarks 

5 Act’’. 

6 SEC. 2. UNUSED EARMARKS. 

7 (a) DEFINITIONS.—In this section— 


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1 (1) the term ‘‘agency’’ has the meaning given 

2 the term ‘‘Executive agency’’ under section 105 of 

3 title 5, United States Code; 

4 (2) the term ‘‘earmark’’ means— 

5 (A) a congressionally directed spending 

6 item, as defined in rule XLIV of the Standing 

7 Rules of the Senate; and 

8 (B) a congressional earmark, as defined in 

9 rule XXI of the Rules of the House of Rep10 resentatives; and 

11 (3) the term ‘‘unused DOT earmark’’ means an 

12 earmark of funds provided for the Department of 

13 Transportation as to which more than 90 percent of 

14 the dollar amount of the earmark of funds remains 

15 available for obligation at the end of the 9th fiscal 

16 year following the fiscal year during which the ear17 mark was made available. 

18 (b) RESCISSION OF UNUSED DOT EARMARKS.— 

19 (1) IN GENERAL.—Except as provided in para20 graph (2), effective on October 1 of the 10th fiscal 

21 year after funds under an unused DOT earmark are 

22 made available, all unobligated amounts made avail23 able under the unused DOT earmark are rescinded. 

24 (2) EXCEPTION.—The Secretary of Transpor25 tation may delay the rescission of amounts made 


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1 available under an unused DOT earmark for 1 year 

2 if the Secretary determines that an additional obli3 gation of the earmark is likely to occur during the 

4 10th fiscal year after funds under the unused DOT 

5 earmark are made available. 

6 (c) AGENCY-WIDE IDENTIFICATION AND REPORT.— 

7 (1) AGENCY IDENTIFICATION.—Each agency 

8 shall identify and submit to the Director of the Of9 fice of Management and Budget an annual report 

10 regarding every project of the agency for which— 

11 (A) amounts are made available under an 

12 earmark; and 

13 (B) as of the end of a fiscal year, unobli14 gated balances remain available. 

15 (2) ANNUAL REPORT.—The Director of the Of16 fice of Management and Budget shall submit to 

17 Congress and publically post on the website of the 

18 Office of Management and Budget an annual report 

19 that includes— 

20 (A) a listing and accounting for earmarks 

21 for which unobligated balances remain avail22 able, summarized by agency, which shall in23 clude, for each earmark— 

24 (i) the amount of funds made avail25 able under the original earmark; 


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1 (ii) the amount of the unobligated bal2 ances that remain available; 

3 (iii) the fiscal year through which the 

4 funds are made available, if applicable; and 

5 (iv) recommendations and justifica6 tions for whether the earmark should be 

7 rescinded or retained in the next fiscal 

8 year; 

9 (B) the number of rescissions resulting 

10 from this section and the annual savings result11 ing from this section for the previous fiscal 

12 year; and 

13 (C) a listing and accounting for earmarks 

14 provided for the Department of Transportation 

15 scheduled to be rescinded under subsection (b) 

16 at the end of the fiscal year during which the 

17 report is submitted. 

Æ 


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