To provide for the reobligation and use of excess project funds and funds for projects that are inactive.

SA 708. Mr. SANTORUM submitted an amendment intended to be proposed
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 40, strike lines 16 through 20 and insert the
following:
authority has not lapsed or been used;
(10) section 105 of title 23, United States Code (but, for
each of fiscal years 2005 through 2009, only in an amount
equal to $639,000,000 per fiscal year); and
(11) section 1106 of this Act, to the extent that funds
obligated in accordance with that section were not subject to
a limitation on obligations at the time at which the funds
were initially made available for obligation.
On page 60, between lines 14 and 15, insert the following:

SEC. 1106. USE OF EXCESS FUNDS AND FUNDS FOR INACTIVE
PROJECTS.

(a) Definitions.--In this section:
(1) Eligible funds.--
(A) In general.--The term ``eligible funds'' means excess
funds or inactive funds for a specific transportation project
or activity that were--
(i) allocated before fiscal year 1998; and
(ii) designated in a public law, or a report accompanying a
public law, for allocation for the specific surface
transportation project or activity.
(B) Inclusion.--The term ``eligible funds'' includes funds
described in subparagraph (A) that were allocated and
designated for a demonstration project.
(2) Excess funds.--The term ``excess funds'' means--
(A) funds obligated for a specific transportation project
or activity that remain available for the project or activity
after the project or activity has been completed or canceled;
or
(B) an unobligated balance of funds allocated for a
transportation project or activity that the State in which
the project or activity was to be carried out certifies are
no longer needed for the project or activity.
(3) Inactive funds.--The term ``inactive funds'' means--
(A) an obligated balance of Federal funds for a
transportation project or activity against which no
expenditures have been charged during any 1-year period
beginning after the date of obligation of the funds; and
(B) funds that are available to carry out a transportation
project or activity in a State, but, as certified by the
State, are unlikely to be advanced for the project or
activity during the 1-year period beginning on the date of
certification.
(b) Availability for STP Purposes.--Eligible funds shall
be--
(1) made available in accordance with this section to the
State that originally received the funds; and
(2) available for obligation for any eligible purpose under
section 133 of title 23, United States Code.
(c) Retention for Original Purpose.--
(1) In general.--The Secretary may determine that funds
identified as inactive funds shall remain available for the
purpose for which the funds were initially made available if
the applicable State certifies that the funds are necessary
for that initial purpose.
(2) Report.--A certification provided by a State under
paragraph (1) shall include a report on the status of, and an
estimated completion date for, the project that is the
subject of the certification.
(d) Authority to Obligate.--Notwithstanding the original
source or period of availability of eligible funds, the
Secretary may, on the request by a State--
(1) obligate the funds for any eligible purpose under
section 133 of title 23, United States Code; or
(2)(A) deobligate the funds; and
(B) reobligate the funds for any eligible purpose under
that section.
(e) Applicability.--
(1) In general.--Subject to paragraph (2), this section
applies to all eligible funds.
(2) Discretionary allocations; section 125 projects.--This
section does not apply to funds that are--
(A) allocated at the discretion of the Secretary and for
which the Secretary has the authority to withdraw the
allocation for use on other projects; or
(B) made available to carry out projects under section 125
of title 23, United States Code.
(f) Period of Availability; Title  23 Requirements.--
(1) In general.--Notwithstanding the original source or
period of availability of eligible funds obligated, or
deobligated and reobligated, under subsection (d), the
eligible funds--
(A) shall remain available for obligation for a period of 3
fiscal years after the fiscal year in which this Act is
enacted; and
(B) except as provided in paragraph (2), shall be subject
to the requirements of title 23, United States Code, that
apply to section 133 of that title, including provisions
relating to cost-sharing.
(2) Exception.--With respect to eligible funds described in
paragraph (1)--
(A) section 133(d) of title 23, United States Code, shall
not apply; and
(B) the period of availability of the eligible funds shall
be determined in accordance with this section.
(g) Sense of Congress Regarding Use of Eligible Funds.--It
is the sense of Congress that eligible funds made available
under this Act or title 23, United States Code, should be
available for obligation for transportation projects and
activities in the same geographic region for which the
eligible funds were initially made available.
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