To establish a program to use amounts collected from violations of the corporate average fuel economy program to expand the infrastructure necessary to increase the availability of alternative fuels.

SA 4610. Mr. THUNE (for himself and Mr. Talent) proposed an amendment
to the bill H.R. 5441, making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2007, and
for other purposes; as follows:

On page 127, between lines 2 and 3, insert the following:

SEC. 5__. ALTERNATIVE ENERGY REFUELING SYSTEMS.

(a) Establishment of Fund.--
(1) In general.--There is established in the Treasury a
fund, to be known as the ``Energy Security Fund'' (referred
to in this section as the ``Fund''), consisting of--
(A) amounts transferred to the Fund under paragraph (2);
and
(B) amounts credited to the Fund under paragraph (3)(C).
(2) Transfers to fund.--For fiscal year 2006 and each
fiscal year thereafter, there is appropriated to the Fund an
amount determined by the Secretary of the Treasury to be
equal to the total amount deposited in the general fund of
the Treasury for the preceding fiscal year from fines,
penalties, and other funds obtained through enforcement
actions conducted pursuant to section 32912 of title 49,
United States Code (including funds obtained under consent
decrees).
(3) Investment of amounts.--
(A) In general.--The Secretary of the Treasury shall invest
such portion of the Fund as is not, in the judgment of the
Secretary of the Treasury, required to meet current
withdrawals.
(B) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the
market price.
(C) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to, and form a part of, the Fund in
accordance with section 9602 of the Internal Revenue Code of
1986.
(4) Use of amounts in the fund.--Amounts in the Fund shall
be made available to the Administrator of the Environmental
Protection Agency for use in carrying out the reimbursement
program for alternative energy refueling under section
9003(h)(13) of the Solid Waste Disposal Act.
(b) Alternative Energy Refueling.--Section 9003(h) of the
Solid Waste Disposal Act (42 U.S.C. 6991b(h)) is amended by
adding at the end the following:
``(13) Alternative energy refueling systems.--
``(A) Definitions.--In this paragraph:
``(i) Alternative energy refueling system.--The term
`alternative energy refueling system' means a system composed
of 1 or more underground storage tanks, pumps, and pump
fittings or other related infrastructure that is used to
refuel motor vehicles with--

``(I) compressed natural gas;
``(II) E-85 ethanol;
``(III) a fuel described in section 30C(c)(1) of the
Internal Revenue Code of 1986; or
``(IV) any other alternative fuel, as determined by the
Administrator.

``(ii) Eligible entity.--The term `eligible entity' means a
refueling vendor or other person that is an owner or operator
of a service station or other facility at which an
alternative energy refueling system is located or proposed to
be located.
``(iii) Energy security fund.--The term `Energy Security
Fund' means the Energy Security Fund established by section
5__(a)(1) of the Department of Homeland Security
Appropriations Act, 2007.
``(B) Reimbursement program.--
``(i) Establishment.--Not later than 90 days after the date
of enactment of this paragraph, the Administrator shall
establish a program to provide to eligible entities, for each
of fiscal years 2007 through 2011, reimbursement from the
Energy Security Fund of a portion of the costs of purchasing
and installing 1 or more alternative energy refueling
systems, including any alternative energy refueling system
intended to replace a petroleum refueling tank or system.
``(ii) Application.--An eligible entity that seeks to
receive reimbursement described in clause (i) shall submit to
the Administrator an application by such time, in such form,
and containing such information as the Administrator shall
prescribe.
``(iii) Timing of reimbursement.--Not later than 30 days
after the date on which the Administrator, in consultation
with the appropriate State agency, verifies that an
alternative energy refueling system for which reimbursement
is requested by an eligible entity under this paragraph has
been installed and is operational, the Administrator shall
provide the reimbursement to the eligible entity.
``(iv) Limitations.--

``(I) Prohibition on receipt of dual benefits.--An eligible
entity that receives a tax credit under section 30C of the
Internal Revenue Code of 1986 for placing in service a
qualified alternative fuel vehicle refueling property (as
defined in that section) may not receive any reimbursement
under this paragraph for an alternative energy refueling
system on the property if the cost of the alternative energy
refueling system was taken into consideration in calculating
the tax credit.
``(II) Number of systems.--An eligible entity may not
receive reimbursement under this paragraph for more than 2
alternative energy refueling systems for each facility owned
or operated by the eligible entity.
``(III) Amount.--The amount of reimbursement provided for
an alternative energy refueling system under this paragraph
shall not exceed the lesser of--

``(aa) the amount that is 30 percent of the cost of the
alternative energy refueling system; or
``(bb) $30,000.
``(C) Further appropriation.--Reimbursement authorized
under this paragraph shall be provided by the Administrator
without further appropriation.
``(D) No effect on other responsibilities.--Nothing in this
paragraph affects any obligation of an owner or operator to
comply with other provisions of this subtitle.''.

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