S.Amdt. 3363

1. Adds SEC. __. UNUSED EARMARKS wherever appropriate

   Adds a section

   Inserted: SEC. __. UNUSED EARMARKS.

   Inserted: (a) Short Title.--This section may be cited as the "Orphan Earkmarks Act".

   Inserted: (b) Definitions.--In this section--

   Inserted: (1) the term "agency" has the meaning given the term "Executive agency" under section 105 of title 5, United States Code;

   Inserted: (2) the term "earmark" means--

   Inserted: (A) a congressionally directed spending item, as defined in rule XLIV of the Standing Rules of the Senate; and

   Inserted: (B) a congressional earmark, as defined in rule XXI of the Rules of the House of Representatives; and

   Inserted: (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 earmark was made available.

   Inserted: (c) Rescissions.--

   Inserted: (1) Federal railroad administration.--

   Inserted: (A) Safety and operations account.--Of the unobligated balances available in the Federal Railroad Administration's Safety and Operations Account, $6,000,000 is hereby rescinded.

   Inserted: (B) Railroad research and development account.--Of the unobligated balances available in the Federal Railroad Administration's Railroad Research and Development Account, $7,765,000 is hereby rescinded.

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   Inserted: (2) Rescissions of unused dot earmarks.--Except as provided in paragraph (3), 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under an unused DOT earmark are made available, all unobligated amounts made available under the unused DOT earmark are rescinded.

   Inserted: (3) 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.

   Inserted: (d) Grants Authorized.--

   Inserted: (1) In general.--The Secretary of Transportation is authorized to award grants, on a competitive basis, to local governments for the purpose of establishing quiet zones in accordance with appendix C to part 222 of title 49, Code of Federal Regulations.

   Inserted: (2) Funding.--Of the funds made available as a result of the rescissions under subsection (c), $38,765,000 shall be made available to carry out the grant program authorized under paragraph (1).

   Inserted: (e) Deficit Reduction.--Other than the amount set aside for the grant program under subsection (d), all of the amounts made available as a result of the rescissions under subsection (c) shall be dedicated for the sole purpose of deficit reduction.

   Inserted: (f) Agency-wide Identification and Report.--

   Inserted: (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--

   Inserted: (A) amounts are made available under an earmark; and

   Inserted: (B) as of the end of a fiscal year, unobligated balances remain available.

   Inserted: (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--

   Inserted: (A) a listing and accounting for earmarks for which unobligated balances remain available, summarized by agency, which shall include, for each earmark--

   Inserted: (i) the amount of funds made available under the original earmark;

   Inserted: (ii) the amount of the unobligated balances that remain available;

   Inserted: (iii) the fiscal year through which the funds are made available, if applicable; and

   Inserted: (iv) recommendations and justifications for whether the earmark should be rescinded or retained in the next fiscal year;

   Inserted: (B) the number of rescissions resulting from this section and the annual savings resulting from this section for the previous fiscal year; and

   Inserted: (C) a listing and accounting for earmarks provided for the Department of Transportation scheduled to be rescinded under subsection (c)(2) at the end of the fiscal year during which the report is submitted.

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place, insert the following:

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As printed