II 112th CONGRESS 1st Session S. 199 IN THE SENATE OF THE UNITED STATES January 26, 2011 Mr. Casey introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To require the obligation of certain highway funding within a 3-year period.

1.

Short title

This Act may be cited as the Use It or Lose It Act of 2011.

2.

Obligation of certain highway funding

(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.