I 
112TH CONGRESS 
1ST SESSION H. R. 2036 
To repeal certain barriers to domestic fuel production, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 26, 2011 
Mr. GRIFFITH of Virginia (for himself, Mr. GONZALEZ, Mr. REHBERG, Mr. 
WHITFIELD, and Mr. SHIMKUS) introduced the following bill; which was 
referred to the Committee on Energy and Commerce, and in addition to 
the Committees on Oversight and Government Reform, Armed Services, 
and Science, Space, and Technology, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To repeal certain barriers to domestic fuel production, and 
for other purposes. 
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 ‘‘American Alternative 
Fuels Act of 2011’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
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(1) the United States needs short- and long- 
term policies designed— 
(A) to eliminate the reliance of the United 
States on foreign energy sources; 
(B) to create jobs in the United States; 
and 
(C) to harness all of the energy resources 
of the United States; 
(2) promoting the energy security of the United 
States can be achieved by leveraging all domestic en-
ergy resources, including— 
(A) traditional fossil fuels; 
(B) alternative energy resources; and 
(C) renewable energy; and 
(3) the United States needs to adopt policies 
that would foster a more sustainable domestic en-
ergy supply that would— 
(A) decrease risks to national security; 
(B) lower domestic energy prices; 
(C) reduce trade deficits; and 
(D) create jobs in the United States. 
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SEC. 3. REPEAL OF UNNECESSARY BARRIERS TO DOMES-
TIC FUEL PRODUCTION. 
(a) IN GENERAL.—Section 526 of the Energy Inde-
pendence and Security Act of 2007 (42 U.S.C. 17142) is 
repealed. 
(b) CONFORMING AMENDMENT.—Section 1112 of the 
National Aeronautics and Space Administration Author-
ization Act of 2008 (42 U.S.C. 17827) is repealed. 
SEC. 4. TRANSPARENCY FOR DELAYED LOAN GUARANTEE 
APPLICATIONS. 
Section 1702 of the Energy Policy Act of 2005 (42 
U.S.C. 16512) is amended by adding at the end the fol-
lowing: 
‘‘(l) REPORTING REQUIREMENT.— 
‘‘(1) IN
GENERAL.—If the Secretary fails to 
make a final decision by the date that is 270 days 
after the date on which the Secretary selects an ap-
plication to proceed to negotiations of terms and 
conditions for issuance of a conditional commitment 
for a loan guarantee application under this title for 
a substitute natural gas, chemical feedstock, or liq-
uid transportation fuel project, not later than 7 days 
after that date, and for every 90-day period there-
after, the Secretary shall— 
‘‘(A) prepare a status report for the period 
covered by the report; and 
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‘‘(B) submit the status report to— 
‘‘(i) the Committee on Energy and 
Natural Resources of the Senate; and 
‘‘(ii) the Committee on Energy and 
Commerce of the House of Representa-
tives. 
‘‘(2) CONTENTS.—The status report described 
in paragraph (1) shall contain— 
‘‘(A) a description of each reason for the 
delay of the application; 
‘‘(B) the name and office of the official 
who, for the period covering the status report, 
has reviewed the application; and 
‘‘(C) a detailed schedule for completion of 
the application review.’’. 
SEC. 5. ALGAE-BASED FUEL INCENTIVES. 
Section 211(o)(2)(B) of the Clean Air Act (42 U.S.C. 
7545(o)(2)(B)) is amended by adding at the end the fol-
lowing: 
‘‘(vi) ALGAE-BASED
FUEL
INCEN-
TIVES.—For purposes of calculating the 
applicable volume of renewable fuel under 
clauses (i) and (ii) for each calendar year, 
the Administrator shall consider each gal-
lon of renewable biomass produced from 
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algae to be equal to 3 gallons of renewable 
fuel if the algae-based fuel was produced 
using carbon dioxide that was captured in 
a manner that prevented the uncontrolled 
release of carbon dioxide into the atmos-
phere during a separate energy production 
process.’’. 
SEC. 6. LOAN GUARANTEES. 
Section 1703(b) of the Energy Policy Act of 2005 
(42 U.S.C. 16513(b)) is amended by adding at the end 
the following: 
‘‘(11) Substitute natural gas production facili-
ties, if the gas is produced— 
‘‘(A) from a solid feedstock through a gas-
ification process; and 
‘‘(B) in a manner that captures at least 90 
percent of the carbon produced through the 
gasification process.’’. 
SEC. 7. MULTIYEAR CONTRACT AUTHORITY FOR DEPART-
MENT OF DEFENSE FOR PROCUREMENT OF 
ALTERNATIVE FUELS. 
(a) MULTIYEAR CONTRACTS
FOR
THE PROCURE-
MENT OF ALTERNATIVE FUELS AUTHORIZED.— 
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(1) IN
GENERAL.—Chapter 141 of title 10, 
United States Code, is amended by adding at the 
end the following: 
‘‘SEC. 2410r. MULTIYEAR CONTRACT AUTHORITY: PUR-
CHASE OF ALTERNATIVE FUELS. 
‘‘(a) IN GENERAL.—The head of an agency (as de-
fined in section 2302) may enter into contracts for a pe-
riod not to exceed 20 years for the purchase of alternative 
fuels. 
‘‘(b) REQUIRED PROVISIONS.—A contract entered 
into under subsection (a) shall include the following provi-
sions: 
‘‘(1) A statement that the obligation of the 
United States to make payments under the contract 
in any fiscal year is subject to appropriations being 
provided specifically for that fiscal year and specifi-
cally for alternative fuels. 
‘‘(2) A commitment to obligate the necessary 
amount for each fiscal year covered by the contract 
when and to the extent that funds are appropriated 
for that purpose for that fiscal year. 
‘‘(3) A statement that a commitment given 
under the authority of this section does not con-
stitute an obligation of the United States.’’. 
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(2) CLERICAL AMENDMENT.—The table of sec-
tions of chapter 141 of title 10, United States Code, 
is amended by adding at the end the following: 
‘‘2410r. Multiyear contract authority: purchase of alternative fuels.’’. 
(b) REGULATIONS.—Not later than 120 days after 
the date of enactment of this Act, the Secretary of Defense 
shall issue regulations providing that the head of an agen-
cy may enter into a multiyear contract as authorized by 
section 2410r of title 10, United States Code (as added 
by subsection (a)), only if the head of the agency has de-
termined in writing that— 
(1) there is a reasonable expectation that, 
throughout the contemplated contract period, the 
head of the agency will request funding for the con-
tract at the level required to avoid contract cancella-
tion; 
(2) the technical risks associated with the tech-
nologies for the production of alternative fuel under 
the contract are not excessive; 
(3) the contract will contain appropriate pricing 
mechanisms to minimize risk to the Federal Govern-
ment from significant changes in market prices for 
energy; and 
(4) the contract will not be used by the Depart-
ment of Defense to finance new facilities intended to 
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produce fuel for consumption by the Federal Gov-
ernment. 
(c) LIMITATION ON USE OF AUTHORITY.—No con-
tract may be entered into under section 2410r of title 10, 
United States Code (as so added), until the regulations 
required by subsection (b) are issued. 
SEC. 8. ELECTRIC VEHICLE IMPACT ON ELECTRICITY DE-
MAND. 
Section 169(3) of the Clean Air Act (42 U.S.C. 
7479(3)) is amended— 
(1) by striking ‘‘(3) The term’’ and inserting 
the following: 
‘‘(3) 
BEST
AVAILABLE
CONTROL
TECH-
NOLOGY.— 
‘‘(A) DEFINITION.— 
‘‘(i) IN GENERAL.—The term’’; 
(2) in the second sentence, by striking ‘‘In no 
event’’ and inserting the following: 
‘‘(B) EMISSION LIMITATIONS.— 
‘‘(i) IN GENERAL.—In no event’’; 
(3) in the third sentence, by striking ‘‘Emis-
sions’’ and inserting the following: 
‘‘(ii) PROHIBITION
ON
CERTAIN
IN-
CREASES.—Emissions’’; and 
(4) by adding at the end the following: 
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‘‘(C) ADDITIONAL CONSIDERATIONS.—For 
purposes of establishing the ‘best available con-
trol technology’ for a major emitting facility 
that is an electric generating facility located in 
a region in which demand for electricity has in-
creased significantly due to the volume of elec-
tric vehicles, the permitting authority shall take 
into account the extent to which the emissions 
of a pollutant have been reduced as a result of 
the increased use of electric vehicles.’’. 
Æ 
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