SA 866. Mr. CASEY (for himself and Mrs. McCaskill) submitted an amendment intended to be proposed to amendment SA 738 proposed by Mr. INOUYE to the bill H.R. 2112, making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2012, and for other purposes; which was ordered to lie on the table; as follows:

On page 388, between lines 14 and 15, insert the following:
Sec. 4__. (a) Definition of Earmark.--In this section, the term "earmark" means--

(1) a congressionally directed spending item, as defined in clause 5(a) of rule XLIV of the rules of the Senate for the 112th Congress; or
(2) a congressional earmark, as defined in clause 9(d) of rule XXI of the rules of the House of Representatives for the 112th Congress.
(b) Obligation of Funding.--
(1) IN GENERAL.--Notwithstanding any other provision of law, funds made available from the Highway Trust Fund through an earmark to carry out a highway project under title 23, United States Code, shall be obligated for the earmarked project by not later than 3 years after the date on which the earmarked funds are first made available.
(2) RETURN AND REDISTRIBUTION.--Funds described in paragraph (1) that are not obligated by the deadline specified in that paragraph shall be--
(A) released to the State transportation department of the State with jurisdiction over the original recipient of the earmark; and
(B) redistributed by the State for expeditious use for other federally approved transportation projects in the State.


(As printed in the Congressional Record for the Senate on Oct 19, 2011.)