II 
110TH CONGRESS 
2D SESSION 
H. R. 6899 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 18 (legislative day, SEPTEMBER 17), 2008 
Received and read the first time 
AN ACT 
To advance the national security interests of the United 
States by reducing its dependency on oil through renew-
able and clean, alternative fuel technologies while build-
ing a bridge to the future through expanded access to 
Federal oil and natural gas resources, revising the rela-
tionship between the oil and gas industry and the con-
sumers who own those resources and deserve a fair re-
turn from the development of publicly owned oil and 
gas, ending tax subsidies for large oil and gas companies, 
and facilitating energy efficiencies in the building, hous-
ing, and transportation sectors, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Comprehensive Amer-
ican Energy Security and Consumer Protection Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—FEDERAL OIL AND GAS LEASING 
Subtitle A—Outer Continental Shelf Oil and Gas Leasing 
Sec. 101. Prohibition on leasing. 
Sec. 102. Opening of certain areas to oil and gas leasing. 
Sec. 103. Coastal State roles and responsibilities. 
Sec. 104. Protection of the environment and conservation of the natural re-
sources of the Outer Continental Shelf. 
Sec. 105. Limitations. 
Sec. 106. Prohibition on leasing in certain Federal protected areas. 
Sec. 107. No effect on applicable law. 
Sec. 108. Buy American requirements. 
Sec. 109. Small, woman-owned, and minority-owned businesses. 
Sec. 110. Definitions. 
Subtitle B—Diligent Development of Federal Oil and Gas Leases 
Sec. 121. Clarification. 
Sec. 122. Covered provisions. 
Sec. 123. Regulations. 
Sec. 124. Resource estimates and leasing program management indicators. 
Subtitle C—Royalties Under Offshore Oil and Gas Leases 
Sec. 131. Short title. 
Sec. 132. Price thresholds for royalty suspension provisions. 
Sec. 133. Clarification of authority to impose price thresholds for certain lease 
sales. 
Sec. 134. Eligibility for new leases and the transfer of leases; conservation of 
resources fees. 
Sec. 135. Strategic Energy Efficiency and Renewables Reserve. 
Subtitle D—Accountability and Integrity in the Federal Energy Program 
Sec. 141. Royalty in-kind. 
Sec. 142. Fair return on production of Federal oil and gas resources. 
Sec. 143. Royalty-in-kind ethics. 
Sec. 144. Prohibition on certain gifts. 
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Sec. 145. Strengthening the ability of the Interior Department Inspector Gen-
eral to secure cooperation. 
Subtitle E—Federal Oil and Gas Royalty Reform 
Sec. 151. Amendments to definitions. 
Sec. 152. Interest. 
Sec. 153. Obligation period. 
Sec. 154. Tolling agreements and subpoenas. 
Sec. 155. Liability for royalty payments. 
Subtitle F—National Petroleum Reserve in Alaska 
Sec. 161. Short title. 
Sec. 162. Acceleration of lease sales for National Petroleum Reserve in Alaska. 
Sec. 163. National Petroleum Reserve in Alaska: pipeline construction. 
Sec. 164. Alaska natural gas pipeline project facilitation. 
Sec. 165. Project labor agreements and other pipeline requirements. 
Sec. 166. Ban on export of Alaskan oil. 
Subtitle G—Oil Shale 
Sec. 171. Oil shale leasing. 
TITLE II—CONSUMER ENERGY SUPPLY 
Sec. 201. Short title. 
Sec. 202. Definitions. 
Sec. 203. Sale and replacement of oil from the Strategic Petroleum Reserve. 
TITLE III—PUBLIC TRANSPORTATION 
Sec. 301. Short title. 
Sec. 302. Findings. 
Sec. 303. Grants to improve public transportation services. 
Sec. 304. Increased Federal share for Clean Air Act compliance. 
Sec. 305. Transportation fringe benefits. 
Sec. 306. Capital cost of contracting vanpool pilot program. 
Sec. 307. National consumer awareness program. 
Sec. 308. Exception to alternative fuel procurement requirement. 
TITLE IV—GREATER ENERGY EFFICIENCY IN BUILDING CODES 
Sec. 401. Greater energy efficiency in building codes. 
TITLE V—FEDERAL RENEWABLE ELECTRICITY STANDARD 
Sec. 501. Federal renewable electricity standard. 
TITLE VI—GREEN RESOURCES FOR ENERGY EFFICIENT 
NEIGHBORHOODS 
Sec. 601. Short title and table of contents. 
Sec. 602. Definitions. 
Sec. 603. Implementation of energy efficiency participation incentives for HUD 
programs. 
Sec. 604. Minimum HUD energy efficiency standards and standards for addi-
tional credit. 
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Sec. 605. Energy efficiency and conservation demonstration program for multi-
family housing projects assisted with project-based rental as-
sistance. 
Sec. 606. Additional credit for Fannie Mae and Freddie Mac housing goals for 
energy efficient mortgages. 
Sec. 607. Duty to serve underserved markets for energy-efficient and location- 
efficient mortgages. 
Sec. 608. Consideration of energy efficiency under FHA mortgage insurance 
programs and Native American and Native Hawaiian loan 
guarantee programs. 
Sec. 609. Energy efficient mortgages education and outreach campaign. 
Sec. 610. Collection of information on energy-efficient and location efficient 
mortgages through Home Mortgage Disclosure Act. 
Sec. 611. Ensuring availability of homeowners insurance for homes not con-
nected to electricity grid. 
Sec. 612. Mortgage incentives for energy-efficient multifamily housing. 
Sec. 613. Energy efficiency certifications for housing with mortgages insured by 
FHA. 
Sec. 614. Assisted housing energy loan pilot program. 
Sec. 615. Residential energy efficiency block grant program. 
Sec. 616. Including sustainable development in comprehensive housing afford-
ability strategies. 
Sec. 617. Grant program to increase sustainable low-income community devel-
opment capacity. 
Sec. 618. Utilization of energy performance contracts in HOPE VI. 
Sec. 619. HOPE VI green developments requirement. 
Sec. 620. Consideration of energy-efficiency improvements in appraisals. 
Sec. 621. Assistance for Housing Assistance Council. 
Sec. 622. Rural housing and economic development assistance. 
Sec. 623. Loans to States and Indian tribes to carry out renewable energy 
sources activities. 
Sec. 624. Green banking centers. 
Sec. 625. Public housing energy cost report. 
TITLE VII—MISCELLANEOUS PROVISIONS 
Sec. 701. Alternative fuel pumps. 
Sec. 702. National Energy Center of Excellence. 
Sec. 703. Sense of Congress regarding renewable biomass. 
TITLE VIII—ENERGY TAX INCENTIVES 
Sec. 800. Short title, etc. 
Subtitle A—Energy Production Incentives 
PART 1—RENEWABLE ENERGY INCENTIVES 
Sec. 801. Renewable energy credit. 
Sec. 802. Production credit for electricity produced from marine renewables. 
Sec. 803. Energy credit. 
Sec. 804. Credit for residential energy efficient property. 
Sec. 805. Special rule to implement FERC and State electric restructuring pol-
icy. 
Sec. 806. New clean renewable energy bonds. 
PART 2—CARBON MITIGATION PROVISIONS 
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Sec. 811. Expansion and modification of advanced coal project investment cred-
it. 
Sec. 812. Expansion and modification of coal gasification investment credit. 
Sec. 813. Temporary increase in coal excise tax. 
Sec. 814. Special rules for refund of the coal excise tax to certain coal pro-
ducers and exporters. 
Sec. 815. Carbon audit of the tax code. 
Subtitle B—Transportation and Domestic Fuel Security Provisions 
Sec. 821. Inclusion of cellulosic biofuel in bonus depreciation for biomass eth-
anol plant property. 
Sec. 822. Credits for biodiesel and renewable diesel. 
Sec. 823. Clarification that credits for fuel are designed to provide an incentive 
for United States production. 
Sec. 824. Credit for new qualified plug-in electric drive motor vehicles. 
Sec. 825. Exclusion from heavy truck tax for idling reduction units and ad-
vanced insulation. 
Sec. 826. Restructuring of New York Liberty Zone tax credits. 
Sec. 827. Transportation fringe benefit to bicycle commuters. 
Sec. 828. Alternative fuel vehicle refueling property credit. 
Sec. 829. Energy security bonds. 
Sec. 830. Certain income and gains relating to alcohol fuels and mixtures, bio-
diesel fuels and mixtures, and alternative fuels and mixtures 
treated as qualifying income for publicly traded partnerships. 
Subtitle C—Energy Conservation and Efficiency Provisions 
Sec. 841. Qualified energy conservation bonds. 
Sec. 842. Credit for nonbusiness energy property. 
Sec. 843. Energy efficient commercial buildings deduction. 
Sec. 844. Modifications of energy efficient appliance credit for appliances pro-
duced after 2007. 
Sec. 845. Accelerated recovery period for depreciation of smart meters and 
smart grid systems. 
Sec. 846. Qualified green building and sustainable design projects. 
Subtitle D—Revenue Provisions 
Sec. 851. Limitation of deduction for income attributable to domestic produc-
tion of oil, gas, or primary products thereof. 
Sec. 852. Clarification of determination of foreign oil and gas extraction in-
come. 
Sec. 853. Time for payment of corporate estimated taxes. 
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originally placed in service at the mid-point of 
such year or the first day of the following cal-
endar year.’’. 
(c) TRASH FACILITY CLARIFICATION.—Paragraph 
(7) of section 45(d) is amended— 
(1) by striking ‘‘facility which burns’’ and in-
serting ‘‘facility (other than a facility described in 
paragraph (6)) which uses’’, and 
(2) by striking ‘‘COMBUSTION’’. 
(d) EXPANSION OF BIOMASS FACILITIES.— 
(1) OPEN-LOOP
BIOMASS
FACILITIES.—Para-
graph (3) of section 45(d) is amended by redesig-
nating subparagraph (B) as subparagraph (C) and 
by inserting after subparagraph (A) the following 
new subparagraph: 
‘‘(B) EXPANSION
OF
FACILITY.—Such 
term shall include a new unit placed in service 
after the date of the enactment of this subpara-
graph in connection with a facility described in 
subparagraph (A), but only to the extent of the 
increased amount of electricity produced at the 
facility by reason of such new unit.’’. 
(2) CLOSED-LOOP BIOMASS FACILITIES.—Para-
graph (2) of section 45(d) is amended by redesig-
nating subparagraph (B) as subparagraph (C) and 
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