II 

110TH CONGRESS 

1ST SESSION S. 331 

To provide grants from moneys collected from violations of the corporate 

average fuel economy program to be used to expand infrastructure necessary to increase the availability of alternative fuels. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 18, 2007 

Mr. THUNE (for himself, Mr. SALAZAR, and Mr. HAGEL) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To provide grants from moneys collected from violations of 

the corporate average fuel economy program to be used 

to expand infrastructure necessary to increase the availability of alternative fuels. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. ENERGY SECURITY FUND AND ALTERNATIVE 

4 FUEL GRANT PROGRAM. 

5 (a) ESTABLISHMENT OF FUND.— 

6 (1) IN GENERAL.—There is established in the 

7 Treasury a fund, to be known as the ‘‘Energy SecuVerDate Aug 31 2005 00:37 Jan 20, 2007 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S331.IS S331

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1 rity Fund’’ (referred to in this section as the 

2 ‘‘Fund’’), consisting of— 

3 (A) amounts transferred to the Fund 

4 under paragraph (2); and 

5 (B) amounts credited to the Fund under 

6 paragraph (3)(C). 

7 (2) TRANSFERS TO FUND.—For fiscal year 

8 2007 and each fiscal year thereafter, the Secretary 

9 of the Treasury, subject to the availability of appro10 priations, shall transfer to the Fund an amount de11 termined by the Secretary of the Treasury to be 

12 equal to 50 percent of the total amount deposited in 

13 the general fund of the Treasury during the pre14 ceding fiscal year from fines, penalties, and other 

15 funds obtained through enforcement actions con16 ducted pursuant to section 32912 of title 49, United 

17 States Code (including funds obtained under consent 

18 decrees). 

19 (3) INVESTMENT OF AMOUNTS.— 

20 (A) IN GENERAL.—The Secretary of the 

21 Treasury shall invest in interest-bearing obliga22 tions of the United States such portion of the 

23 Fund as is not, in the judgment of the Sec24 retary of the Treasury, required to meet cur25 rent withdrawals. 


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1 (B) SALE OF OBLIGATIONS.—Any obliga2 tion acquired by the Fund may be sold by the 

3 Secretary of the Treasury at the market price. 

4 (C) CREDITS TO FUND.—The interest on, 

5 and the proceeds from the sale or redemption 

6 of, any obligations held in the Fund shall be 

7 credited to, and form a part of, the Fund in ac8 cordance with section 9602 of the Internal Rev9 enue Code of 1986. 

10 (4) USE OF AMOUNTS IN FUND.—Amounts in 

11 the Fund shall be made available to the Secretary of 

12 Energy, subject to the availability of appropriations, 

13 to carry out the grant program under subsection (b). 

14 (b) ALTERNATIVE FUELS GRANT PROGRAM.— 

15 (1) IN GENERAL.—Not later than 90 days after 

16 the date of enactment of this Act, the Secretary of 

17 Energy, acting through the Clean Cities Program of 

18 the Department of Energy, shall establish and carry 

19 out a program under which the Secretary shall pro20 vide grants to expand the availability to consumers 

21 of alternative fuels (as defined in section 32901(a) 

22 of title 49, United States Code). 

23 (2) ELIGIBILITY.— 

24 (A) IN GENERAL.—Except as provided in 

25 subparagraph (B), any entity that is eligible to 


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1 receive assistance under the Clean Cities Pro2 gram shall be eligible to receive a grant under 

3 this subsection. 

4 (B) EXCEPTIONS.— 

5 (i) CERTAIN OIL COMPANIES.—A 

6 large, vertically-integrated oil company 

7 shall not be eligible to receive a grant 

8 under this subsection. 

9 (ii) PROHIBITION OF DUAL BENE10 FITS.—An entity that receives any other 

11 Federal funds for the construction or ex12 pansion of alternative refueling infrastruc13 ture shall not be eligible to receive a grant 

14 under this subsection for the construction 

15 or expansion of the same alternative refuel16 ing infrastructure. 

17 (C) ENSURING COMPLIANCE.—Not later 

18 than 30 days after the date of enactment of 

19 this Act, the Secretary of Energy shall promul20 gate regulations to ensure that, before receiving 

21 a grant under this subsection, an eligible entity 

22 meets applicable standards relating to the in23 stallation, construction, and expansion of infra24 structure necessary to increase the availability 

25 to consumers of alternative fuels (as defined in 


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1 section 32901(a) of title 49, United States 

2 Code). 

3 (3) MAXIMUM AMOUNT.— 

4 (A) GRANTS.—The amount of a grant pro5 vided under this subsection shall not exceed 

6 $30,000. 

7 (B) AMOUNT PER STATION.—An eligible 

8 entity shall receive not more than $90,000 

9 under this subsection for any station of the eli10 gible entity during a fiscal year. 

11 (4) USE OF FUNDS.— 

12 (A) IN GENERAL.—A grant provided under 

13 this subsection shall be used for the construc14 tion or expansion of alternative fueling infra15 structure. 

16 (B) ADMINISTRATIVE EXPENSES.—Not 

17 more than 3 percent of the amount of a grant 

18 provided under this subsection shall be used for 

19 administrative expenses. 

Æ 


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