II 

113TH CONGRESS 

2D SESSION S. 2370 

To rescind unused earmarks provided for the Department of Transportation, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 21, 2014 

Mr. COBURN (for himself and Mrs. MCCASKILL) introduced the following bill; 

which was read twice and referred to the Committee on Appropriations 

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— 

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

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

10 title 5, United States Code; 


tjames on DSK6SPTVN1PROD with BILLS
2 

•S 2370 IS

1 (2) the term ‘‘earmark’’ means— 

2 (A) a congressionally directed spending 

3 item, as defined in rule XLIV of the Standing 

4 Rules of the Senate; and 

5 (B) a congressional earmark, as defined in 

6 rule XXI of the Rules of the House of Rep7 resentatives; and 

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

9 earmark of funds provided for the Department of 

10 Transportation as to which more than 90 percent of 

11 the dollar amount of the earmark of funds remains 

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

13 year following the fiscal year during which the ear14 mark was made available. 

15 (b) RESCISSION OF UNUSED DOT EARMARKS.— 

16 (1) IN GENERAL.—Except as provided in para17 graph (2), effective on October 1 of the 10th fiscal 

18 year after funds under an unused DOT earmark are 

19 made available, all unobligated amounts made avail20 able under the unused DOT earmark are rescinded. 

21 (2) EXCEPTION.—The Secretary of Transpor22 tation may delay the rescission of amounts made 

23 available under an unused DOT earmark for 1 year 

24 if the Secretary determines that an additional obli25 gation of the earmark is likely to occur during the 


tjames on DSK6SPTVN1PROD with BILLS
3 

•S 2370 IS

1 10th fiscal year after funds under the unused DOT 

2 earmark are made available. 

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

4 (1) AGENCY IDENTIFICATION.—Each agency 

5 shall identify and submit to the Director of the Of6 fice of Management and Budget an annual report 

7 regarding every project of the agency for which— 

8 (A) amounts are made available under an 

9 earmark; and 

10 (B) as of the end of a fiscal year, unobli11 gated balances remain available. 

12 (2) ANNUAL REPORT.—The Director of the Of13 fice of Management and Budget shall submit to 

14 Congress and publically post on the website of the 

15 Office of Management and Budget an annual report 

16 that includes— 

17 (A) a listing and accounting for earmarks 

18 for which unobligated balances remain avail19 able, summarized by agency, which shall in20 clude, for each earmark— 

21 (i) the amount of funds made avail22 able under the original earmark; 

23 (ii) the amount of the unobligated bal24 ances that remain available; 


tjames on DSK6SPTVN1PROD with BILLS
4 

•S 2370 IS

1 (iii) the fiscal year through which the 

2 funds are made available, if applicable; and 

3 (iv) recommendations and justifica4 tions for whether the earmark should be 

5 rescinded or retained in the next fiscal 

6 year; 

7 (B) the number of rescissions resulting 

8 from this section and the annual savings result9 ing from this section for the previous fiscal 

10 year; and 

11 (C) a listing and accounting for earmarks 

12 provided for the Department of Transportation 

13 scheduled to be rescinded under subsection (b) 

14 at the end of the fiscal year during which the 

15 report is submitted. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS