[Congressional Record Volume 161, Number 116 (Thursday, July 23, 2015)]
[Senate]
[Page S5549]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2306. Mr. FLAKE submitted an amendment intended to be proposed by 
him to the bill H.R. 22, to amend the Internal Revenue Code of 1986 to 
exempt employees with health coverage under TRICARE or the Veterans 
Administration from being taken into account for purposes of 
determining the employers to which the employer mandate applies under 
the Patient Protection and Affordable Care Act; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. 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     earmark are rescinded and shall be transferred to the Highway 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.
       (d) 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--
       (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.
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