I 

117TH CONGRESS 

1ST SESSION H. R. 3430 

To rescind unused earmarks provided for the Department of Transportation 

and deposit such funds into the Treasury for purposes of deficit reduction, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 20, 2021 

Mr. NEHLS (for himself, Mr. GOHMERT, Mr. WEBER of Texas, and Mr. 

BABIN) 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 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 deposit such funds into the Treasury for purposes of deficit reduction, 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 ‘‘Washington Bureau5 crat Accountability Act’’. 


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1 SEC. 2. UNUSED EARMARKS. 

2 (a) DEFINITIONS.—In this section— 

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

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

5 title 5, United States Code; 

6 (2) the term ‘‘earmark’’ means— 

7 (A) a congressionally directed spending 

8 item, as defined in rule XLIV of the Standing 

9 Rules of the Senate; and 

10 (B) a congressional earmark, as defined in 

11 rule XXI of the Rules of the House of Rep12 resentatives; and 

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

14 earmark of funds provided for the Department of 

15 Transportation as to which any funds remain avail16 able for obligation at the end of the 9th fiscal year 

17 following the fiscal year during which the earmark 

18 was made available. 

19 (b) RESCISSION OF UNUSED DOT EARMARKS.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (2), effective on October 1 of the 10th fiscal 

22 year after funds under an unused DOT earmark are 

23 made available, all unobligated amounts made avail24 able under the unused DOT earmark are rescinded 

25 and deposited into the Treasury for purposes of def26 icit reduction. 


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1 (2) EXCEPTION.—The Secretary of Transpor2 tation may delay the rescission of amounts made 

3 available under an unused DOT earmark for 1 year 

4 if the Secretary determines that an additional obli5 gation of the earmark is likely to occur during the 

6 10th fiscal year after funds under the unused DOT 

7 earmark are made available. 

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

9 (1) AGENCY IDENTIFICATION.—Each agency 

10 shall identify and submit to the Director of the Of11 fice of Management and Budget an annual report 

12 regarding every project of the agency for which— 

13 (A) amounts are made available under an 

14 earmark; and 

15 (B) as of the end of a fiscal year, unobli16 gated balances remain available. 

17 (2) ANNUAL REPORT.—The Director of the Of18 fice of Management and Budget shall submit to 

19 Congress and publically post on the website of the 

20 Office of Management and Budget an annual report 

21 that includes— 

22 (A) a listing and accounting for earmarks 

23 for which unobligated balances remain avail24 able, summarized by agency, which shall in25 clude, for each earmark— 


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1 (i) the amount of funds made avail2 able under the original earmark; 

3 (ii) the amount of the unobligated bal4 ances that remain available; 

5 (iii) the fiscal year through which the 

6 funds are made available, if applicable; and 

7 (iv) recommendations and justifica8 tions for whether the earmark should be 

9 rescinded or retained in the next fiscal 

10 year; 

11 (B) the number of rescissions resulting 

12 from this section and the annual savings result13 ing from this section for the previous fiscal 

14 year; and 

15 (C) a listing and accounting for earmarks 

16 provided for the Department of Transportation 

17 scheduled to be rescinded under subsection (b) 

18 at the end of the fiscal year during which the 

19 report is submitted. 

Æ 


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