Orphan Earmarks Act

To rescind unused earmarks provided for the Department of Transportation, and for other purposes. 1. Short title This Act may be cited as the Orphan Earmarks Act 2. Unused earmarks (a) Definitions In this section— (1) the term agency Executive agency section 105 (2) the term earmark (A) a congressionally directed spending item, as defined in rule XLIV of the Standing Rules of the Senate; and (B) a congressional earmark, as defined in rule XXI of the Rules of the House of Representatives; and (3) the term unused DOT earmark (b) Rescission of unused DOT earmarks (1) In general Except as provided in paragraph (2), effective on October 1 of the 10th fiscal year after funds under an unused DOT earmark are made available, all unobligated amounts made available under the unused DOT earmark are rescinded. (2) Exception The Secretary of Transportation may delay the rescission of amounts made available under an unused DOT earmark for 1 year if the Secretary determines that an additional obligation of the earmark is likely to occur during the 10th fiscal year after funds under the unused DOT earmark are made available. (c) Agency-Wide identification and report (1) Agency identification Each agency shall identify and submit to the Director of the Office of Management and Budget an annual report regarding every project of the agency for which— (A) amounts are made available under an earmark; and (B) as of the end of a fiscal year, unobligated balances remain available. (2) Annual report The Director of the Office of Management and Budget shall submit to Congress and publically post on the website of the Office of Management and Budget an annual report that includes— (A) a listing and accounting for earmarks for which unobligated balances remain available, summarized by agency, which shall include, for each earmark— (i) the amount of funds made available under the original earmark; (ii) the amount of the unobligated balances that remain available; (iii) the fiscal year through which the funds are made available, if applicable; and (iv) recommendations and justifications for whether the earmark should be rescinded or retained in the next fiscal year; (B) the number of rescissions resulting from this section and the annual savings resulting from this section for the previous fiscal year; and (C) a listing and accounting for earmarks provided for the Department of Transportation scheduled to be rescinded under subsection (b) at the end of the fiscal year during which the report is submitted.

Summary: Orphan Earmarks Act - Rescinds all unobligated amounts of funds earmarked for the Department of Transportation (DOT) if more than 90% of the dollar amount of that earmark remains available for obligation at the end of the 9th fiscal year after it was first made available. Authorizes the Secretary of Transportation (DOT) to delay any such rescission for one year if an additional obligation of the earmark is likely to occur during the 10th fiscal year after it was first made available. Requires each agency head to identify and report every project that is an earmark with an unobligated balance at the end of a fiscal year to the Director of the Office of Management and Budget (OMB), who shall report a listing and accounting for such earmarks to Congress and to the public via the OMB website.