S.Amdt. 2830

SA 2830. Mr. FLAKE (for himself and Mrs. McCaskill) submitted an
amendment intended to be proposed to amendment SA 2812 proposed by Ms.
Collins (for herself and Mr. Reed) to the bill H.R. 2577, making
appropriations for the Departments of Transportation, and Housing and
Urban Development, and related agencies for the fiscal year ending
September 30, 2016, and for other purposes; which was ordered to lie on
the table; as follows:

On page 82, between lines 4 and 5, insert the following:

SEC. 199D. UNUSED EARMARKS.

(a) Short Title.--This section may be cited as the
``Jurassic Pork Act''.
(b) Definitions.--In this section--
(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 Representatives; 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 earmark was made available.
(c) 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earmark are rescinded and shall be transferred to the Highway
Trust Fund.
(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 amounts from the earmark is likely
to occur during the 10th fiscal year after funds under the
unused DOT earmark are made available.
(3) Applicability.--This subsection shall apply for fiscal
year 2016 and each fiscal year thereafter to amounts made
available for any fiscal year beginning before, on, or after
the date of enactment of this Act.
(d) Agency-Wide Identification and Report.--

[[Page S8108]]

(1) Agency identification.--Each agency shall identify and
submit to the Director of the Office of Management and Budget
an annual report--
(A) that identifies each earmark for a project of the
agency that is ineligible for funding; and
(B) that discusses each project of the agency for which--
(i) amounts are made available under an earmark; and
(ii) 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 regarding earmarks (including any earmark that
is ineligible for funding) 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 (c) at the end of the fiscal year during which the
report is submitted.
(3) Applicability.--This subsection shall apply for fiscal
year 2016 and each fiscal year thereafter.
______