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 Com-
mittee on Appropriations, and in addition to the Committees on Trans-
portation 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 com-
mittee concerned 
A BILL 
To rescind unused earmarks provided for the Department 
of Transportation, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Orphan Earmarks 
Act’’. 
SEC. 2. UNUSED EARMARKS. 
(a) DEFINITIONS.—In this section— 
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(1) the term ‘‘agency’’ has the meaning given 
the term ‘‘Executive agency’’ under section 105 of 
title 5, United States Code; 
(2) the term ‘‘earmark’’ means— 
(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 Rep-
resentatives; and 
(3) the term ‘‘unused DOT earmark’’ means an 
earmark of funds provided for the Department of 
Transportation as to which more than 90 percent of 
the dollar amount of the earmark of funds remains 
available for obligation at the end of the 9th fiscal 
year following the fiscal year during which the ear-
mark was made available. 
(b) RESCISSION OF UNUSED DOT EARMARKS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), effective on October 1 of the 10th fiscal 
year after funds under an unused DOT earmark are 
made available, all unobligated amounts made avail-
able under the unused DOT earmark are rescinded. 
(2) EXCEPTION.—The Secretary of Transpor-
tation may delay the rescission of amounts made 
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available under an unused DOT earmark for 1 year 
if the Secretary determines that an additional obli-
gation 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 Of-
fice 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, unobli-
gated balances remain available. 
(2) ANNUAL REPORT.—The Director of the Of-
fice 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 avail-
able, summarized by agency, which shall in-
clude, for each earmark— 
(i) the amount of funds made avail-
able under the original earmark; 
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(ii) the amount of the unobligated bal-
ances that remain available; 
(iii) the fiscal year through which the 
funds are made available, if applicable; and 
(iv) recommendations and justifica-
tions 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 result-
ing 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. 
Æ 
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