S.Amdt. 866

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.
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