An amendment numbered 8 printed in House Report 111-127 to prevent earmarking in a new grant program established in the bill, and would clarify that Congress presumes that grants awarded through that program will be awarded on a risk-based competitive basis, and if they are not, require the Assistant Secretary to submit a report to Congress explaining the reason.

In the proposed section 44947 of title 49, United States Code, as proposed to be inserted by section 210 of the bill, add at the end of subsection (a) the following new paragraph:

“(5) Presumption of congress relating to competitive procedures.--

“(A) Presumption.--It is the presumption of Congress that grants awarded under this section will be awarded using competitive procedures based on risk.

“(B) Report to congress.--If grants are awarded under this section using procedures other than competitive procedures, the Assistant Secretary shall submit to Congress a report explaining why competitive procedures were not used.”.

In subsection (c) of such proposed section 44947, add at the end the following new sentence: “None of the funds appropriated pursuant to this subsection may be used for a congressional earmark as defined in clause 9d, of Rule XXI of the rules of the House of Representatives of the 111th Congress.”.