# Biofuels Provisions in the Energy Independence and Security Act of 2007 (P.L. 110-140), H.R. 3221, and H.R. 6: A Side-by-Side Comparison

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/crs%3ARL34136

## Record

- **Collection:** Congressional research report
- **Document type:** CRS Report
- **Published:** January 17, 2008
- **Citation:** RL34136

## Text

Order Code RL34136

Biofuels Provisions in the
Energy Independence and Security Act of 2007
(P.L. 110-140), H.R. 3221, and H.R. 6:
A Side-by-Side Comparison

Updated January 17, 2008

Brent D. Yacobucci
Specialist in Energy and Environmental Policy
Resources, Science, and Industry Division

Biofuels Provisions in the
Energy Independence and Security Act of 2007
(P.L. 110-140), H.R. 3221, and H.R. 6:
A Side-by-Side Comparison
Summary
On December 19, 2007, President Bush signed the Energy Independence and
Security Act of 2007 (EISA; P.L. 110-140, H.R. 6). This report provides a side-byside comparison of biofuels-related provisions in the new energy law with provisions
in the House- and Senate-passed energy bills, H.R. 3221 and H.R. 6. The House
approved H.R. 3221 (the New Direction for Energy Independence, National Security,
and Consumer Protection Act and the Renewable Energy and Energy Conservation
Tax Act of 2007) on August 4, 2007. The Senate approved its version of H.R. 6 (the
Renewable Fuels, Consumer Protection, and Energy Efficiency Act of 2007) on June
21, 2007. Both bills cover a wide range of energy topics with extensive attention to
biofuels, including ethanol and biodiesel.
Key biofuels-related provisions of the final legislation and House and Senate
bills include
!

!

!
!

!

a major expansion of the renewable fuel standard (RFS) established
in the Energy Policy Act of 2005 (P.L. 109-58) (new law, Senate
bill);
expansion and/or modification of tax credits for alternative fuel
refueling infrastructure, and for ethanol and renewable diesel fuels
(House bill);
grants and loan guarantees for biofuels research, development,
deployment, and production (all three versions);
studies of the potential for ethanol pipeline transportation, expanded
biofuel use, market and environmental impacts of increased biofuel
use, and the effects of biodiesel on engines (all three versions); and
reauthorization of biofuels R&D at the U.S. Department of Energy
(DOE; all three versions) and the U.S. Department of Agriculture
(USDA; House and Senate bills).

Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Key Elements of EISA and the House and Senate Energy Bills . . . . . . . . . . . . . . 2

List of Tables
Table 1. Side-by-Side Comparison of Biofuels Provisions
in the Energy Independence and Security Act (EISA)
With H.R. 3221, H.R. 6 (Senate Version),
and Prior or Current Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Biofuels Provisions in the
Energy Independence and Security Act of
2007 (P.L. 110-140), H.R. 3221, and H.R. 6:
A Side-by-Side Comparison
Introduction
With recent high energy prices, concerns over energy security, and the desire to
reduce air pollutant and greenhouse gas emissions, there is ongoing congressional
interest in promoting greater use of alternatives to petroleum fuels. Biofuels —
transportation fuels produced from plants and other organic materials — have
attracted particular interest. Ethanol and biodiesel, the two most widely used biofuels,
receive significant federal support in the form of tax incentives, loan and grant
programs, and regulatory programs.1 On December 19, 2007, President Bush signed
the Energy Independence and Security Act of 2007 (EISA, P.L. 110-140, H.R. 6).
An earlier energy bill, the Energy Policy Act of 2005 (EPAct 2005, P.L. 109-58)
established a renewable fuel standard (RFS). Under EPAct 2005, the RFS required
an increasing use of renewable fuel in gasoline, starting at 4.0 billion gallons in 2006,
increasing to 7.5 billion gallons in 2012. Although not an explicit ethanol mandate,
it was expected that the majority of this requirement would be met using corn-based
ethanol.2 About 4.0 billion gallons of corn ethanol were consumed in 2005, so the
RFS in EPAct 2005 represented roughly a doubling of U.S. ethanol consumption
over seven years. However, the U.S. ethanol industry was expanding rapidly,
outpacing the required growth in the RFS. As of January 14, 2007, existing U.S.
production capacity was roughly 7.6 billion gallons per year, with another 5.7 billion
gallons of capacity under construction or in the planning stages. Because this
capacity would outpace the RFS under EPAct, some proponents of corn-based
ethanol supported an increase in the mandated levels of the RFS.
Because of the rapid expansion of U.S. corn ethanol capacity, there are concerns
that the United States will soon reach the limit of ethanol that can be produced from
corn. Critics of corn-based ethanol argue that the industry does not need continued
government support, and that current corn demand for ethanol is putting a strain on
corn and other grain markets, leading to increases in other commodity prices, such

1

For more information on federal biofuels incentives, see CRS Report RL33572, Biofuels
Incentives: A Summary of Federal Programs, by Brent D. Yacobucci.
2

For more information on ethanol, see CRS Report RL33290, Fuel Ethanol: Background
and Public Policy Issues, by Brent D. Yacobucci.

CRS-2
as livestock feed, which then leads to higher dairy and meat prices.3 Critics also
argue that the environmental costs of corn-based ethanol may outweigh the benefits,
and that more emphasis should be placed on other strategies such as improved
vehicle efficiency.
Because of concerns over corn-based ethanol, as well as interest in diversifying
energy supply, there is growing interest in developing biofuels that rely on other
sources of biomass, including agricultural wastes, municipal solid waste, and
dedicated energy crops such as perennial grasses, fast-growing trees, and algae. This
interest has led to proposals to support and/or mandate biofuels produced from
feedstocks other than corn starch through explicit requirements, R&D funding, and/or
tax incentives.4 Non-corn biofuels include fuels produced from cellulosic material
(such as perennial grasses), ethanol produced from sugarcane or beets, and biodiesel
or renewable diesel produced from vegetable or animal oils.5
Title II of EISA requires a dramatic expansion of the RFS under EPAct 2005.
Instead of the 5.4 billion gallons required in 2008 by EPAct, EISA requires 9.0
billion gallons. By 2022, EISA will require 36 billion gallons of renewable fuel in
motor fuels annually, compared to an estimated 8.6 billion gallons under EPAct. Of
that, 21 billion gallons must be “advanced biofuel,” defined as biofuel produced from
feedstocks other than corn starch and having 50% lower lifecycle emissions than
petroleum fuels.

Key Elements of EISA and
the House and Senate Energy Bills
This report provides a side-by-side comparison of biofuels-related provisions
in EISA and the House- and Senate-passed energy bills, H.R. 3221 and H.R. 6,
respectively. EISA was signed by President Bush on December 19, 2007, after
passing the on House December 6, 2007, and the Senate on December 13, 2007.
H.R. 3221 (the New Direction for Energy Independence, National Security, and
Consumer Protection Act and the Renewable Energy and Energy Conservation Tax
Act of 2007) was approved by the House on August 4, 2007. The Senate approved
its version of H.R. 6 (the Renewable Fuels, Consumer Protection, and Energy
Efficiency Act of 2007) on June 21, 2007.6 EISA and the House and Senate bills

3

For more information on the issues surrounding rapid ethanol expansion, see CRS Report
RL33928, Ethanol and Biofuels: Agriculture, Infrastructure, and Market Constraints
Related to Expanded Production, by Brent D. Yacobucci and Randy Schnepf.
4

This would include using other parts of the corn plant, including the husks and the stalks,
which are high in cellulose.

5

For more information on biodiesel, see CRS Report RL32712, Agriculture-Based
Renewable Energy Production, by Randy Schnepf.

6

The House approved its version of H.R. 6 on January 18, 2007. However, this bill is a less
comprehensive bill than H.R. 3221 or the Senate version of H.R. 6. In the debate over
energy legislation, on the House side H.R. 3221 superseded the House version of H.R. 6.

CRS-3
cover a wide range of energy topics including biofuels, electricity generation, energy
efficiency, carbon capture and storage, and oil and gas royalties.7
On July 27, 2007, the House passed H.R. 2419, the 2007 “Farm Bill” (the Farm,
Nutrition, and Bioenergy Act of 2007). The Senate passed its version of H.R. 2419
on December 14, 2007. Like the 2002 Farm Bill, Title IX of the 2007 Farm Bill is
dedicated to farm-related energy issues, including biofuels. Title V of H.R. 3221
contains provisions similar or identical to provisions passed in Title IX of H.R. 2419
(but not addressed in P.L. 110-140). In addition, the Senate version of the Farm Bill
contains an additional title, Title XII, with tax provisions affecting biofuels. For
more information on these Farm Bill provisions, see CRS Report RL34130,
Renewable Energy Policy in the 2007 Farm Bill.
Table 1 contains a section-by-section comparison of the biofuels provisions in
EISA with H.R. 3221 and H.R. 6, with current or previous law. The table is
organized in the same order as EISA, followed by non-comparable House and Senate
bill sections. Key provisions of the bills include

7

!

a major expansion of the RFS established in the Energy Policy Act
of 2005 (P.L. 109-58) (EISA, Senate bill);

!

expansion and/or modification of tax credits for alternative fuel
refueling infrastructure, and for ethanol and renewable diesel fuels
(House bill);

!

grants and/or loan guarantees for biofuels research, development,
deployment, and production (all three versions);

!

studies of the potential for ethanol pipeline transportation, expanded
biofuel use, market and environmental impacts of increased biofuel
use, and the effects of biodiesel on engines (all three versions; and

!

reauthorization of biofuels R&D at the U.S. Department of Energy
(DOE; all three versions) and the U.S. Department of Agriculture
(USDA; House bill and Senate bill).

For more information on P.L. 110-140, see CRS Report RL34294, Energy Independence
and Security Act of 2007: A Summary of Major Provisions.

CRS-4

Table 1. Side-by-Side Comparison of Biofuels Provisions in the Energy Independence and Security Act (EISA)
With H.R. 3221, H.R. 6 (Senate Version), and Prior or Current Law
Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

P.L. 110-140, Title I — Energy Security Through Improved Fuel Economy
Consumer Information

The Secretary of
Transportation is required to
carry out an educational
program to inform consumers
about the fuel savings and
emissions benefits of new
vehicles, including the benefits
from the use of alternative
fuels.
[Sec. 105]

The Secretary of
Transportation is required
to carry out an educational
program to inform
consumers about flexible
fuel vehicles, including
which existing vehicles may
be fueled on E85 (a blend
of 85% ethanol and 15%
gasoline).
[Sec. 9309]

No comparable provision.

No provision.

Fuel Tank Labeling
Requirement

Requires the Secretary of
Transportation to issue a final
rule by June 2011 requiring
automakers to clearly label the
fuel compartment of alternative
fuel vehicles with the form of
alternative fuel stated on the
label.
[Sec. 105]

No comparable provision.

Beginning in model year
2010, would require that the
fuel tank cap of an
alternative fuel vehicle be
clearly labeled as such.
[Sec. 129]

No provision.

Notes

CRS-5
Topic
Extension of Flexible Fuel
Vehicle Credit Program /
Biodiesel as Alternative fuel
for CAFE Purposes

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Notes

Amends the Corporate Average
Fuel Economy (CAFE)
program to extend alternative
fuel vehicle credits through
model year 2019, at a declining
rate. Also allows vehicles
capable of operating on B20 (a
blend of 20% biodiesel and
80% petroleum diesel) to be
treated as vehicles eligible for
CAFE credits.
[Sec. 109]

Amends CAFE program to
allow vehicles capable of
operating on B20 to be
treated as vehicles eligible
for CAFE credits.
[Sec. 9317]

No comparable provision.

Under CAFE,
automakers may
generate credits toward
their compliance for the
production and sale of
alternative fuel vehicles,
as defined in law. These
provisions were set to
expire after model year
2014. Currently, B20
vehicles are not
considered alternative
fuel vehicles.
[49 U.S.C. 32901 et
seq.]

Expanding the
definition of
alternative fuel
vehicle to
include B20
could make all
diesel passenger
cars and light
trucks eligible
for credits under
CAFE.
Currently, some
diesel passenger
vehicles are
warrantied to
run on B5, but
there seem to be
few technical
barriers to
making some or
all new diesel
vehicles B20capable.

CRS-6
Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Notes

Amends the RFS to include
all motor fuel, as well as
heating oil. Expands the
mandate to 13.2 billion
gallons in 2012 and 36
billion gallons in 2022.
Starting in 2016, requires an
increasing amount of the
above mandate to be met
using “advanced biofuels,”
defined as biofuels derived
from feedstocks other than
corn starch. The bill would
require 3 billion gallons of
advanced biofuel in 2016,
increasing to 21 billion
gallons in 2022. Renewable
fuels produced in facilities
that commence operation
after enactment must
achieve at least a 20%
reduction in lifecycle
greenhouse gas emissions
relative to gasoline.
[Sec. 111]

The Energy Policy Act
of 2005 established an
RFS which requires the
use of an increasing
amount of renewable
fuels in gasoline. The
mandate increases from
4.0 billion gallons in
2006 to 7.5 billion
gallons in 2012.
Starting in 2013, the
proportion of renewable
fuel to gasoline must
equal or exceed the
proportion in 2012.
Starting in 2013, of the
amount mandated
above, at least 250
million gallons must be
fuel derived from
cellulosic material.
[P.L. 109-58, Sec. 1501]

Under, P.L. 10958, the RFS for
2008 would
have been 5.4
billion gallons
(compared to 9.0
billion gallons in
EISA). For
2022, P.L. 10958 would have
required an
estimated 8.6
billion gallons
(as opposed to
36 billion
gallons in
EISA).

P.L. 110-140, Title II — Energy Security Through Increased Production of Biofuels
Renewable Fuel Standard

Amends the renewable fuel
standard (RFS) established in
P.L. 109-58 to include all
transportation fuels (except for
fuels used in ocean-going
vessels). Expands the existing
requirement to 9.0 billion
gallons in 2008, increasing to
36 billion gallons in 2022.
Requires renewable fuels
produced at new facilities to
have at least 20% lower
lifecycle greenhouse gas
(GHG) emissions than
petroleum fuels. Starting in
2009, requires an increasing
amount of the above mandate
be met using “advanced
biofuels” defined as biofuels
derived from feedstocks other
than corn starch with 50%
lower lifecycle GHG
emissions. By 2022, requires
21 billion gallons of advanced
biofuel. Of the advanced
biofuel mandate, there are
specific carve-outs for
cellulosic fuels and biomassderived diesel substitutes.
[Sec. 202]

No comparable provision.

CRS-7
Topic
Study of Impact of
Renewable Fuel Standard

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Notes

The Secretary of Energy, in
consultation with the Secretary
of Agriculture and the
Administrator of the
Environmental Protection
Agency (EPA), is required to
enter into an agreement with
the National Academy of
Sciences (NAS) to study the
impacts of the RFS on
industries related to feed
grains, livestock, food, forest
products, and energy. The
NAS study must: assess the
likely effects on domestic
animal agriculture and policy
options to alleviate negative
effects; identify agricultural
conditions that would warrant a
waiver of the RFS
requirements; and make
recommendations to limit
adverse economic impacts
from the RFS.
[Sec. 203]

The Secretary of Energy, in
consultation with the EPA
Administrator, the
Administrator of the Energy
Information Administration
(EIA), and the Secretary of
Agriculture, is required to
study and assess the impact
of renewable fuels on the
U.S. economy. Study
elements include the effects
on energy security, air and
water quality,
infrastructure, job creation,
and agricultural commodity
markets. The Secretary
must report within two
years of enactment and
update the report every
three years thereafter.
[Sec. 9314]

The EPA Administrator is
required to enter into an
agreement with the National
Academy of Sciences to
study the effects on the
environment from increased
renewable fuel use. Study
elements include the effects
on air and water quality,
land use patterns,
deforestation, greenhouse
gas emissions, habitat, and
the long-term capacity of
the United States to produce
biomass feedstocks. The
Administrator must submit
two reports: 1) within three
years of enactment; and 2)
by December 31, 2015.
[Sec. 162]

The EPA Administrator
must publish a draft
analysis of the effects of
the fuels provisions in
P.L. 109-58 on air
pollutant emissions and
air quality. [P.L. 109-58,
Sec. 1507]

See also Sec.
14002 of H.R.
3221, which
would require
the Secretary of
the Treasury to
study related
topics.

The EPA Administrator
is required to conduct a
survey to determine the
market share of gasoline
containing ethanol and
other renewable fuels.
[P.L. 109-58, Sec.
1501(c)]
DOE is required to
collect and publish
monthly survey data on
the production,
blending, importing,
demand, and price of
renewable fuels, both on
a national and regional
basis. [P.L. 109-58, Sec.
1508]

CRS-8
Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Environmental and
Resource Conservation
Impacts

The EPA Administrator, in
consultation with the
Secretaries of Agriculture and
Energy, must study the impacts
of the RFS on environmental
issues, resource conservation
issues, and invasive or noxious
species.
[Sec. 204]

No comparable provision.

No comparable provision.

No provision.

Biomass Based Diesel and
Biodiesel Labeling

The Federal Trade Commission
is required to promulgate rules
requiring diesel retailers to
label their pumps with the
percentage of biomass-based
diesel or biodiesel that is
offered for sale. [Sec. 205]

No comparable provision.

Requires the President to
promulgate rules for the
uniform labeling of
biodiesel blends that meet
ASTM standards. [Sec.
130(b)]

No provision.

Study of Credits for Use of
Renewable Electricity in
Electric Vehicles /
Production of Renewable
Fuel Using Renewable
Energy

The EPA Administrator is
required to study the feasibility
of issuing credits under the
RFS for electric vehicles
powered by electricity from
renewable resources. Within
180 days of enactment, EPA
must report to Congress on the
findings of the study.
[Sec. 206]

No comparable provision.

Under Sec. 111of H.R. 6, a
gallon of advanced biofuel
is considered equal to a
gallon of conventional
biofuel. This section grants
the President the authority
to give additional credits
under the program to
biofuels produced at
facilities that use biomass to
displace fossil energy.
[Sec. 112]

Under the existing RFS,
cellulosic biofuels are
eligible for additional
credits under the
mandate. A gallon of
cellulosic biofuel is
considered equal to 2.5
gallons of ethanol. For
this section, “cellulosic
biofuels” includes both
biofuels produced from
cellulose and biofuels
produced from sugars or
starches if biomass is
used to displace fossil
energy in the refining of
the fuel. [P.L. 109-58,
Sec. 1501]

Notes

CRS-9
Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Grants for Production of
Advanced Biofuels

Requires the Secretary of
Energy to establish a grant
program for the production of
advanced biofuels that have at
least an 80% reduction in
lifecycle greenhouse gas
emissions relative to current
fuels. Authorizes a total of
$500 million for FY2008FY2015.
[Sec. 207]

No comparable provision.

Requires the Secretary of
Energy to establish a grant
program for the production
of advanced biofuels that
have at least a 50%
reduction in lifecycle
greenhouse gas emissions
relative to current fuels.
Authorizes a total of $500
million for FY2008FY2015.
[Sec. 161]

No provision.

Integrated Consideration of
Water Quality in
Determinations on Fuels and
Fuel Additives

Expands EPA’s authority to
control engines, vehicles, fuels,
and fuel additives under Sec.
211(c) of the Clean Air Act to
include effects on water
pollution.
[Sec. 208]

No comparable provision.

Substantially similar to
EISA.
[Sec. 163]

Section 211(c) of the
Clean Air Act allows the
EPA Administrator to
control or prohibit the
production and/or sale
of any engine, vehicle,
fuel, or fuel additive that
causes or contributes to
air pollution “that may
be reasonably
anticipated to endanger
the public health or
welfare.”
[42 U.S.C. 7545(c)]

Anti-Backsliding

Requires the EPA
Administrator to study the
potential adverse effects to air
quality from the expanded
RFS, and to promulgate
regulations to mitigate those
effects.
[Sec. 209]

No comparable provision.

Substantially similar to
EISA.
[Sec. 164]

No current provision.

Notes
Advanced
biofuels are
biofuels
produced from
feedstocks other
than corn starch.
(See Sec. 202 of
EISA.)

CRS-10
Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Effective Date, Savings
Provision, and Transition
Rules

For 2008 and 2009, any
ethanol plant powered by
natural gas, biomass, or a
combination of the two is
treated as having a 20%
reduction in lifecycle
greenhouse gas emissions (See
Sec. 202). For 2008, all
current EPA regulations on the
RFS apply, except for the
increase in the volume
mandated by Sec. 202.
[Sec. 210]

No comparable provision.

No comparable provision.

No provision.

Biodiesel Report

Requires the Secretary of
Energy to report to Congress
on the R&D challenges to
expanding biodiesel use (to an
unspecified level)
[Sec. 221]

Requires the Secretary of to
report to Congress on the
R&D challenges to
expanding biodiesel use to
2.5% of total diesel fuel use
by volume.
[Sec. 4404]

Similar provision, but
would require a study of the
challenges of expanding
biodiesel use to 5% of total
diesel fuel use.
[Sec. 130(a)]

No provision.

Biogas Report

Requires the Secretary of
Energy to report to Congress
on the R&D challenges to
expanding biogas and
biogas/natural gas blends (to an
unspecified level).
[Sec. 222]

Requires the Secretary of to
report to Congress on the
R&D challenges to
expanding biogas and
biogas/natural gas blends to
5% of fuel use.
[Sec. 4405]

No comparable provision.

No provision.

Notes

Currently,
biodiesel
represents less
than 1% of total
diesel
consumption.

CRS-11
Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Notes
The funding
authorized
would be in
addition to
amounts in
current law.
Language
substantially
similar to these
bill sections is
also in Sec. 9315
of H.R. 3221(see
below).

Grants for Biofuel
Production and R&D in
Certain States

Authorizes $25 million
annually for FY2008-FY2010
for R&D and commercial
application of biofuel
production in states with low
rates of ethanol and cellulosic
ethanol production (this could
in effect apply to all states).
[Sec. 223]

Substantially similar to
EISA.
[Sec. 4407]

Similar to EISA. [Sec. 125]

The Secretary of Energy
is authorized $25
million annually for
FY2006-FY2010 for
R&D and
implementation of
renewable fuel
production technologies
in states with low rates
of ethanol production
that are under the federal
reformulated gasoline
(RFG) program.
[P.L. 109-58, Sec.
1511(d)]

Biorefinery Energy
Efficiency

Amends Sec. 932 of P.L. 10958 to include research on
energy efficiency at
biorefineries and on technology
to convert existing corn-based
ethanol plants to process
cellulosic materials.
[Sec. 224]

Identical to EISA.
[Sec. 4408]

No comparable provision.

The Secretary of Energy
is directed to conduct
research on commercial
applications of biomass
and bioenergy. [P.L.
109-58, Sec. 932]

Study of Optimization of
Flexible Fueled Vehicles to
use E-85 Fuel

The Secretary of Energy is
directed to study whether
optimizing flexible fuel
vehicles (FFVs) to run on E85
would increase their fuel
efficiency.
[Sec. 225]

Similar provision.
[Sec. 4410]

Similar provision.
[Sec. 144]

No provision.

Current FFVs
are optimized to
run on gasoline,
since that tends
to be their
primary fuel.

CRS-12
Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Study of Engine Durability
and Performance Associated
with the Use of Biodiesel

The Secretary of Energy, in
consultation with the EPA
Administrator, is directed to
study the effects of various
biodiesel/diesel blends on
engine performance and
durability.
[Sec. 226]

Similar to EISA.
[Sec. 4411]

Similar provision, except
that the Secretary is
required to study only the
effects on engine durability
but not performance.
[Sec. 146]

No provision.

Study of Optimization of
Biogas Used in Natural Gas
Vehicles

The Secretary of Energy is
directed to study the potential
for optimizing natural gas
vehicles to run on biogas
(methane produced from
biological feedstocks).
[Sec. 227]

Similar provision.
[Sec. 4414]

No comparable provision.

No provision.

Algal Biomass

The Secretary is required to
report to Congress on progress
toward developing algae as a
feedstock for biofuel
production.
[Sec. 228]

Substantially similar to
EISA.
[Sec. 4416]

No comparable provision.

Various statutes promote
biofuels R&D, including
the development of
biofuels from algae, at
the Department of
Energy.

Biofuels and Biorefinery
Information Center

Directs the Secretary of Energy
to establish a technology
transfer center to provide
information on biofuels and
biorefineries.
[Sec. 229]

Similar provision, but
topics covered vary.
[Sec. 4402]

Similar provision, but
topics covered vary.
[Sec. 127]

No provision.

Notes

CRS-13
Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Notes

Cellulosic Ethanol and
Biofuels Research

Authorizes the Secretary of
Energy to provide biofuels
R&D grants to 10 institutions
from land-grant colleges,
Historically Black Colleges or
Universities, tribal serving
institutions, or Hispanic
serving institutions. $50
million for FY2008 is
authorized to be appropriated,
to be available until expended.
[Sec. 230]

Similar provision.
[Sec. 9312]

No comparable provision.

No provision.

Bioenergy R&D Authorization of
Appropriation

Amends Sec. 931 of P.L. 10958 to authorize a total of $1.2
billion for FY2008-FY2010 for
R&D on biomass, bioenergy,
and bioproducts.
[Sec. 231]

Substantially similar to
EISA.
[Sec. 4412]

Amends Sec. 931 of P.L.
109-58 to authorize a total
of $775 million for
FY2008-FY2009.
[Sec. 122]

The Secretary of Energy
is directed to conduct
R&D on biomass,
bioenergy, and
bioproducts. A total of
$525 million is
authorized for FY2008FY2009. [P.L. 109-58,
Sec. 931(c)]

Funding for
related biomass
research through
the Department
of Agriculture is
contained in Sec.
5007 of H.R.
3221.

Environmental Research
and Development

DOE is required to expand the
biological R&D program
established in Sec. 977 of P.L.
109-58 to include
environmental effects, potential
for greenhouse gas reductions,
and the potential for more
sustainable agriculture.
[Sec. 232(a)]

Substantially similar to
EISA.
[Sec. 4413(a)]

No comparable provision.

DOE is required to
establish a program of
research, development,
and demonstration in
microbial and plant
systems biology, protein
science, and
computational biology.
Biomedical research and
research related to
humans are not
permitted as part of the
program. [P.L. 109-58,
Sec. 977]

See also Sec.
233 of EISA
(below).

CRS-14
Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Lifecycle Analysis Tools for
Evaluating the Energy
Consumption and
Greenhouse Gas Emissions
from Biofuels

The Secretary of Energy is
required to study and develop
tools for evaluating the
lifecycle energy consumption
and greenhouse gas emissions
from biofuels.
[Sec. 232(b)]

Similar provision to EISA.
[Sec. 4413(b)]

Similar provision, but the
study is required to cover
only greenhouse gas
emissions but not energy
consumption.
[Sec. 148]

No provision.

Small-Scale Production and
Use of Biofuels

Amends the Biofuels Research
and Development Act of 2000
to require the Secretary of
Agriculture to establish a R&D
program to facilitate smallscale production and local and
on-farm use of biofuels.
[Sec. 232(c)]

The Secretary of Energy is
required to establish a R&D
program to facilitate smallscale production and local
and on-farm use of biofuels.
[Sec. 4413(c)]

No comparable provision.

The Biomass Research
and Development Act of
2000 (reauthorized by
the 2002 Farm Bill)
provides competitive
funding for R&D and
demonstration projects
on biofuels and
bio-based chemicals and
products, administered
jointly by USDA and
DOE. [P.L. 107-171,
Sec. 9008]

Bioenergy Research Centers

Requires the establishment of
at least seven research centers
that focus on bioenergy to be
included in the R&D program
established in Sec. 977 of P.L.
109-58.
[Sec. 233]

Similar to EISA, but would
require the establishment of
at least five bioresearch
centers focused on biofuels.
[Sec. 4406]

Similar to EISA, but would
require the establishment of
at least 11 bioresearch
centers focused on biofuels.

The Department of
Energy (DOE) is
required to establish a
program of R&D and
demonstration of
microbial and plant
systems biology, protein
science, and
computational biology.
Biomedical research and
research related to
humans are not
permitted as part of the
program. [P.L. 109-58,
Sec. 977]

[Sec. 123]

Prior/Current Law

Notes

See also Sec.
232 of EISA
(above), which
expands the
topics covered
by the program.

CRS-15
Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

University Based Research
and Development Grant
Program

Requires the Secretary of
Energy to establish a program
of competitive grants to
institutions of higher education
for research on renewable
energy technologies. Each
grant may not exceed $2
million. A total of $25 million
is authorized for the program.
[Sec. 234]

Identical to EISA.
[Sec. 4417]

No comparable provision.

No provision.

Prohibition on Franchise
Agreement Restrictions
Related to Renewable Fuel
Infrastructure

Amends the Petroleum
Marketing Practices Act (15
U.S.C. 2801 et seq.) to make it
unlawful for a franchiser to
prohibit a franchisee from
installing E85 or B20 tanks and
pumps within the franchise
agreement.
[Sec. 241]

Identical to EISA.
[Sec. 9302]

No comparable provision.

No current provision.

Renewable Fuel Dispenser
Requirements

The Secretary of Energy is
required to report to Congress
on the market penetration of
flexible fuel vehicles and on
the feasibility of requiring fuel
retailers to install E85
infrastructure.
[Sec. 242]

Identical to EISA.
[Sec. 9303]

No comparable provision.

No provision.

Notes

CRS-16
Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Ethanol Pipeline Feasibility
Study

The Secretary of Energy, in
consultation with the Secretary
of Transportation, is required
to report on the feasibility of
constructing dedicated ethanol
pipelines. $1 million is
authorized annually for
FY2008 and FY2009.
[Sec. 243]

Similar to EISA, except that
no new funds are
authorized.
[Sec. 9304]

Similar to EISA, except that
the Secretary of Energy
must consult with the
Secretary of Agriculture, as
well. No new funds are
authorized.
[Sec. 143]

No provision.

Renewable Fuel
Infrastructure Grants

Directs the Secretary of Energy
to provide grants for
conversion assistance,
technical and marketing
assistance, and pilot programs
to expand infrastructure for
ethanol/gasoline blends of
between 11% and 84% ethanol,
and renewable fuel/diesel fuel
blends of at least 10%
renewable diesel. $200 million
is authorized annually for
FY2008-FY2014.
[Sec. 244]

Establishes a grant program
for the installation of
refueling infrastructure for
E85 and B20 (20%
biodiesel, 80% conventional
diesel) fuels. Authorizes
$200 million annually for
FY2008-FY2014. “Large,
vertically integrated oil
companies” are ineligible
for funding. [Sec. 9301]

Directs the Secretary of
Energy to provide grants for
pilot programs to expand
infrastructure for
ethanol/gasoline blends of
between 11% and 84%
ethanol, and renewable
fuel/diesel fuel blends of at
least 10% renewable diesel.
$200 million is authorized
to be available until
expended. [Sec. 121]

No provision.

Study of the Adequacy of
Transportation of
Domestically-Produced
Renewable Fuel by
Railroads and Other Modes
of Transportation

The Secretary of Energy,
jointly with the Secretary of
Transportation, is required to
report on the adequacy of
railroads and modes for
transportation of domestically
produced renewable fuel.
[Sec. 245]

Similar provision, except
that the Secretary of Energy
must consult with the
Secretary of Transportation,
and the study is focused
solely on railroads.
[Sec. 9306]

No comparable provision.

No provision.

Notes
Ethanol is
currently
transported by
rail, truck, or
barge to gasoline
pipeline
terminals for
blending into
gasoline.

CRS-17
Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Federal Fleet Refueling
Centers

Requires the head of each
federal agency to install at least
one renewable fuel pump at
each federal fleet refueling
center by January 1, 2010.
Further, the President is
required to report each October
31 on progress toward meeting
this requirement. The
requirement does not apply to
Department of Defense fueling
centers with less than 100,000
gallons in annual fuel turnover.
[Sec. 246]

Similar to EISA, except that
no exemption is given for
the Department of Defense.
[Sec. 9313]

No comparable provision.

No provision.

Standard Specifications for
Biodiesel

If ASTM International
(originally the American
Society for Testing and
Materials) has not adopted
standards for B5 and B20
within one year of enactment,
the EPA Administrator is
required to do so. No new
funding is authorized. [Sec.
247]

If ASTM International
(originally the American
Society for Testing and
Materials) has not adopted a
standard for B20 within one
year of enactment, the
Administrator of the
Environmental Protection
Agency (EPA) is required
to do so. No new funding is
authorized. [Sec. 9307]

The President is required to
promulgate rules to ensure
that renewable diesel fuel
substitutes comply with
applicable ASTM
standards. Authorizes $3
million annually for
FY2008-FY2010. [Sec.
130(c)]

No provision.

Biofuels Distribution and
Advanced Fuels
Infrastructure

Directs the Secretary of Energy
to conduct an R&D program on
the effects of biofuels on
existing transportation fuel
distribution systems.
[Sec. 248]

Similar provision to EISA.
[Sec. 4403]

No comparable provision.

No provision.

Notes

CRS-18
Topic
Waiver for Fuel or Fuel
Additives

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Notes

Prohibits the introduction of
new renewable fuels or
renewable fuel additives unless
EPA explicitly grants a waiver
under Sec. 211(f) of the Clean
Air Act. EPA is required to
take final action within 270
days of receipt of the waiver
request.
[Sec. 251]

Similar provision to EISA.
[Sec. 9310]

No comparable provision.

Under Sec. 211(f) of the
Clean Air Act, no new
fuels or fuel additives
may be introduced into
commerce unless
granted a waiver by
EPA. If EPA has not
acted within 180 days of
receipt of a waiver
request, the waiver is
treated as granted. [42
U.S.C. 7545(f)]

Currently,
inaction by EPA
allows a fuel to
receive the
waiver. Under
H.R. 3221, no
waiver would be
granted without
explicit approval
by EPA.

P.L. 110-140, Title V — Energy Savings in Government and Public Institutions
Capitol Complex E-85
Refueling Station

The Architect of the Capitol is
authorized to install an E85
tank and pumping system on or
near the Capitol Grounds Fuel
Station. $640,000 is authorized
for FY2008.
[Sec. 502]

Similar to EISA, except
that no new funds are
authorized.
[Sec. 8652]

No comparable provision.

No provision.

Procurement and
Acquisition of Alternative
Fuels

Federal agencies are prohibited
from procuring alternative or
synthetic transportation fuels if
the lifecycle emissions exceed
those of petroleum-based fuels.
[Sec. 526]

No comparable provision.

No comparable provision.

No provision.

CRS-19
Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Notes

P.L. 110-140, Title VIII — Improved Management of Energy Policy
Sense of Congress Relating
to the Use of Renewable
Resources to Generate
Energy

Expresses the Sense of the
Congress that renewable
resources from agriculture and
forestry should provide at least
25% of all U.S. energy needs
by 2025.
[Sec. 806]

No comparable provision.

Identical to EISA.
[Sec. 113]

No provision.

H.R. 3221, Title IV — Science and Technology
Study of Increased
Consumption of EthanolBlended Gasoline with
Higher Levels of Ethanol

No comparable provision.

The Secretary of Energy is
directed to study the
potential for using
ethanol/gasoline blends in
the range of 10% to 40%
ethanol. Currently, only up
to 10% ethanol is permitted
by federal regulations and
warrantied by automakers
for conventional vehicles.
[Sec. 4409]

Similar provision.
[Sec. 142]

No current provision.

Standards for Biofuels
Dispensers

No comparable provision.

If “appropriate private
standards” for biofuels
dispensers have not been
developed by the date of
enactment, the Secretary of
Energy is required to
develop such standards to
promote broader biofuel
use. [Sec. 4415]

No comparable provision.

No current provision.

A similar
provision is
contained in Sec.
9305 of H.R.
3221 for a study
of increasing
gasoline ethanol
content above
10% (see
below).

CRS-20
Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Notes

H.R. 3221, Title V — Agriculture Energy [related language to this title also appears in H.R. 2419, the 2007 Farm Bill, as passed by the House]
Federal Procurement of
Biobased Products

No comparable provision.

Amends definitions and
procedures for determining
eligible products under the
2002 Farm Bill (P.L. 107171) program on federal
procurement of biobased
products. For FY2008FY2012, $2 million in
annual mandatory
Commodity Credit
Corporation (CCC) funding
is authorized for product
testing. [Sec. 5002]

No comparable provision.

Under the 2002 Farm
Bill, federal agencies are
currently required to
purchase biobased
products under certain
conditions. Current law
authorizes a voluntary
biobased labeling
program. USDA
regulations define
biobased products,
identify biobased
product categories, and
specify the criteria for
qualifying those
products for preferred
procurement.
Mandatory CCC funding
of $1 million is
authorized for each of
FY2002 through
FY2007 for testing
biobased products. [P.L.
107-171, Sec. 9002]

Related
language to H.R.
3221 was passed
by the House in
July as Sec.
9002 of the 2007
Farm Bill (H.R.
2419).

CRS-21
Topic
Loan Guarantees for
Biorefineries and Biofuel
Production Plants

EISA (P.L. 110-140)
No comparable provision.

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Notes

Extends the 2002 Farm Bill
biorefinery development
program through FY2012
and provides new loan
guarantee authority for
biorefineries, with a total of
$600 million going to loans
less than $100 million, and
$1 billion for loans up to
$250 million. The loan
guarantee would cover 90%
of an eligible loan. Requires
that construction
contractors and
subcontractors on federally
assisted loan guarantee
projects pay their
employees not less than the
prevailing wage in the same
locality under the
Davis-Bacon Act. Specifies
mandatory CCC funding of
$50 million in FY2008; $65
million in FY2009; $75
million in FY2010; $150
million in FY2011; and
$300 million in FY2012.
[Sec. 5003]

Amends Sec. 1703 of the
Energy Policy Act of 2005
to allow for projects that
produce “advanced
biofuels” defined as
biofuels produced from
feedstocks other than corn
starch (see H.R. 6, Sec.
111). [Sec. 124]

Under the Energy Policy
Act of 2005, the
Department of Energy is
directed to provide loan
guarantees for various
renewable energy and
low-emission energy
projects. [P.L. 109-58,
Sec. 1703]

Related
language to H.R.
3221 (with
larger funding
authorizations)
was passed by
the House as
Sec. 9003 of the
2007 Farm Bill
(H.R. 2419).

The 2002 Farm Bill
authorized a grant
program to help finance
the cost of developing
and constructing
biorefineries and biofuel
production plants to
carry out projects to
demonstrate the
commercial viability of
converting biomass to
fuels or chemicals.
However, no funds have
been appropriated for
the program. [P.L. 107171, Sec. 9003]

CRS-22
Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Notes

Biodiesel Fuel Education
Program

No comparable provision.

Extends the 2002 Farm Bill
Biodiesel Fuel Education
Program through FY2012
with mandatory funding of
$2 million for each of
FY2008 through FY2012.
[Sec. 5004]

No comparable provision.

This program awards
competitive grants to
nonprofit organizations
that educate
governmental and
private entities operating
vehicle fleets, and
educate the public about
the benefits of biodiesel
fuel use. Mandatory
CCC funding of $1
million annually was
authorized for FY2003
through FY2007. [P.L.
107-171, Sec. 9004]

Identical
language to H.R.
3221 was passed
by the House as
Sec. 9017 of the
2007 Farm Bill
(H.R. 2419).

Energy Audit and
Renewable Energy
Development Program

No comparable provision.

Extends the 2002 Farm Bill
Energy Audit and
Renewable Energy
Development Program
through 2012. [Sec. 5005]

No comparable provision.

This is a competitive
grant program for
eligible entities to carry
out a program to assist
farmers, ranchers, and
rural small businesses in
becoming more energy
efficient and in using
renewable energy
technology and
resources. Authorized
appropriations of such
sums as are necessary to
carry out the program
for FY2002 through
FY2007. [P.L. 107-171,
Sec. 9005]

Identical
language to H.R.
3221 was passed
by the House as
Sec. 9004 of the
2007 Farm Bill
(H.R. 2419).

CRS-23
Topic
Renewable Energy Systems
and Energy Efficiency
Improvements

EISA (P.L. 110-140)
No comparable provision.

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Notes

Renames the 2002 Farm
Bill program on “renewable
energy systems and energy
efficiency improvements”
as the “Rural Energy for
America Program.” Raises
the loan guarantee level
from $10 million to $25
million and caps federal
cost-share at 75%. Allows
for feasibility studies to be
eligible for the program.
Increases mandatory CCC
funding to $40 million in
FY2008; $60 million in
FY2009; $75 million in
FY2010; $100 million in
FY2011; and $150 million
in FY2012. [Sec. 5006]

No comparable provision.

This program authorizes
loans, loan guarantees,
and grants to farmers,
ranchers, and rural small
businesses to purchase
and install renewable
energy systems and to
make energy efficiency
improvements.
Mandatory CCC funding
of $23 million annually
for FY2003 through
FY2007. [P.L. 107-171,
Sec. 9006]

Related
language to H.R.
3221 (with a
total of $75
million more for
FY2008FY2012) was
passed by the
House as Sec.
9005 of the 2007
Farm Bill (H.R.
2419).

CRS-24
Topic
Biomass Research and
Development Act of 2000

EISA (P.L. 110-140)
No comparable provision.

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Notes

Modifies and extends the
Biomass Research and
Development Program
through FY2012. Adds
mandatory CCC funding of
$25 million in FY2008; $50
million in FY2009; $75
million in FY2010; $100
million in FY2011; and
$100 million in FY2012.
Also maintains the existing
authorization of
appropriations of $200
million annually for
FY2008-FY2015. [Sec.
5007]

No comparable provision.

The Biomass Research
and Development Act of
2000 (reauthorized by
the 2002 Farm Bill)
provides competitive
funding for R&D and
demonstration projects
on biofuels and
bio-based chemicals and
products, administered
jointly by USDA and
DOE. Specified
mandatory CCC funding
of $5 million in FY2002
and $14 million
annually for FY2003
through FY2007 to
remain available until
expended. Also
authorized
appropriations of $200
million for each of
FY2006 through
FY2015. [P.L. 107-171,
Sec. 9008]

Related
language to H.R.
3221 (with a
total of $70
million more for
FY2008FY2012) was
passed by the
House as Sec.
9006 of the 2007
Farm Bill (H.R.
2419).

CRS-25
Topic
Adjustments to the
Bioenergy Program

EISA (P.L. 110-140)
No comparable provision.

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Notes

Renews and extends the
2002 Farm Bill Bioenergy
Program through 2012 with
increased mandatory CCC
funding of $175 million in
FY2008; $215 million in
FY2009; $250 million in
FY2010; $275 million in
FY2011; and $300 million
in FY2012. Ethanol
produced from corn starch
is excluded. Renewable
diesel produced from
biomass at petroleum
refineries may be excluded,
as well. Expands eligibility
for combined heat and
power production using
biomass at biofuels plants
and biomass gasification as
types of bioenergy eligible
for the production
incentive. [Sec. 5008]

No comparable provision.

Originally a Clinton
Administration
initiative, the Bioenergy
Program was made
statutory by the 2002
Farm Bill. The program
provides CCC incentive
payments to biofuels
producers based on
year-to-year increases in
the quantity of biofuel
produced. Mandatory
CCC funding of $150
million annually for
FY2002 through
FY2006. No funding
was available for
FY2007. [P.L. 107-171,
Sec. 9010]

Related
language to H.R.
3221 (with a
total of $185
million more for
FY2008FY2012) was
passed by the
House as Sec.
9007 of the 2007
Farm Bill (H.R.
2419).

CRS-26
Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Notes

Research, Extension, and
Educational Programs on
Biobased Energy
Technologies and Products

No comparable provision.

Extends the Sun Grant
program through 2012 with
authorized appropriations of
$75 million for each of
FY2008 through FY2012.
[Sec. 5009]

No comparable provision.

The “Sun Grant”
program established 5
national sun grant
research centers based at
land-grant universities
and each covering a
different region. The
purpose is to enhance
coordination and
collaboration between
USDA, DOE, and
land-grant universities in
the development,
distribution, and
implementation of
biobased energy
technologies.
Authorized
appropriations of $25
million in FY2005, $50
million in FY2006, and
$75 million annually for
FY2006 through
FY2010.

Related
language to H.R.
3221 was passed
by the House as
Sec. 9008 of the
2007 Farm Bill
(H.R. 2419).

Energy Council of the
Department of Agriculture

No comparable provision.

Directs the Secretary of
Agriculture to establish an
energy council to
coordinate the energy
policy of USDA and
consult with other federal
departments and agencies.
[Sec. 5010]

No comparable provision.

No current provision.

Identical
language to H.R.
3221 was passed
by the House as
Sec. 9009 of the
2007 Farm Bill
(H.R. 2419).

CRS-27
Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Notes

Forest Bioenergy Research
Program

No comparable provision.

Establishes a new R&D
program to promote the use
of woody biomass for
bioenergy production,
including feedstock issues
such as yield and new
varieties. A total of $36
million in mandatory CCC
funding is provided for
FY2008-FY2012. [Sec.
5011]

No comparable provision.

No current provision.

Related
language to H.R.
3221 (with a
total of $39
million more for
FY2008FY2012) was
passed by the
House as Sec.
9019 of the 2007
Farm Bill (H.R.
2419).

Feedstock Flexibility
Program for Bioenergy
Producers

No comparable provision.

Requires that USDA
establish and administer
(starting in FY2008) a
sugar-for-ethanol program
using sugar intended for
food use but deemed to be
in surplus. USDA would
implement the program
only in those years when
purchases are determined to
be necessary to ensure that
the sugar program operates
at no cost. Such sums as
are necessary to carry out
the program are authorized.
[Sec. 5012]

No comparable provision.

No current provision.

Related
language to H.R.
3221 was passed
by the House as
Sec. 9013 of the
2007 Farm Bill
(H.R. 2419).

CRS-28
Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Notes

H.R. 3221, Title IX — Energy and Commerce
Study of Ethanol-Blended
Gasoline with Greater
Levels of Ethanol

No comparable provision.

The Secretary of Energy is
directed to study the
potential for increasing the
ethanol content in gasoline
above 10%. [Sec. 9305]

Similar provision, except
that the study is to cover
ethanol/gasoline blends
between 10% and 40%
ethanol. [Sec. 142]

No current provision.

Grants for Cellulosic
Ethanol Production

See EISA, Sec. 207, “Grants
for Production of Advanced
Biofuels.”

Extends the program of
construction grants for
cellulosic biofuel facilities
established in P.L. 109-58
through FY2010 and
authorizes $500 million
annually for FY2009 and
FY2010. Directs the
Secretary of Energy to give
priority to projects that
“promote feedstock
diversity and geographic
dispersion of production
facilities.” [Sec. 9308]

No comparable provision.

The Secretary of Energy
may provide grants for
the construction of
facilities to produce
renewable fuels
(including ethanol) from
cellulosic biomass,
agricultural byproducts,
agricultural waste, and
municipal solid waste. A
total of $750 million is
authorized for FY2006
through FY2008. [P.L.
109-58, Sec. 1512]

A similar
provision to Sec.
142 of H.R. 6 is
contained in Sec.
4409 of H.R.
3221 (see
above).

CRS-29
Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Notes
Sec. 132 of
EISA amends
this section of
EPAct 2005, but
does not include
flexible fuel
vehicles.

Domestic Manufacturing
Conversion Grant Program

No comparable provision.

Expands the incentive
program for the domestic
production of hybrid and
advanced diesel vehicle
established in P.L. 109-58
to include flexible fuel
vehicles. Requires that
priority be given to auto
and parts manufacturing
facilities that have “recently
ceased operation or will
cease operation in the near
future.” Allows
coordination with similar
state programs. [Sec. 9311]

No comparable provision.

The EPA Administrator
is required to establish a
program to encourage
the domestic production
and sales of efficient
hybrid and advanced
diesel vehicles. The
program must include
grants to domestic
vehicle manufacturers to
encourage production
and provide consumer
purchase incentives.
Such sums as necessary
are authorized for
FY2006-FY2015. [P.L.
109-58, Sec. 712]

Grants for Renewable Fuel
Production R&D in Certain
States

See EISA, Sec. 223, “Grants
for Biofuel Production
Research and Development in
Certain States”

Authorizes $25 million
annually for
FY2008-FY2010 for
research, development, and
commercial application of
biofuel production in states
with low rates of ethanol
and cellulosic ethanol
production. [Sec. 9315]

Similar to H.R. 3221. [Sec.
125]

The Secretary of Energy
is authorized to conduct
R&D and deployment of
renewable fuel
production technologies
in certain states. [P.L.
109-58, Sec. 1511(d)]

Study of Effect of Oil Prices

No comparable provision.

The Secretary of Energy is
required to study the effects
on renewable fuel
production of oil priced at
$40 a barrel or more. [Sec.
9316]

No comparable provision.

No current provision.

CRS-30
Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Notes

H.R. 3221 Tax Provisions, Title XII — Conservation
Extension and Modification
of Alternative Fuel Vehicle
Refueling Property Credit

No comparable provision.

Increases the alternative
fuel refueling property
credit to 50% of the cost of
the installation, up to
$50,000. Extends the credit
through December 31,
2010. [Sec. 12002]

No comparable provision.

An owner of a retail fuel
station may take a tax
credit for the installation
of alternative fuel tanks
and pumps. The credit
is equal to 30% of the
cost of the installation,
up to $30,000. For
alternative fuels other
than hydrogen, the credit
expires on December 31,
2009. [P.L. 109-58,
Sec. 1342]

Extension and Modification
of Credits for Biodiesel and
Renewable Diesel

No comparable provision.

Amends the definition of
“renewable diesel” under
the renewable diesel tax
credit to exclude renewable
diesel and renewable diesel
mixtures produced through
certain processes. Extends
the tax credits through
December 31, 2010. [Sec.
12003]

No comparable provision.

A tax credit is available
for the retail sale or use
of biodiesel and
renewable diesel. The
credit is equal to $1.00
per gallon for renewable
diesel or biodiesel
produced from virgin
agricultural products.
The credit expires on
December 31, 2008.
[P.L. 108-357, P.L. 10958]

Also see Sec.
13011 of H.R.
3221 below.

CRS-31
Topic
Credit for Production of
Cellulosic Alcohol

EISA (P.L. 110-140)
No comparable provision.

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Establishes a credit of $0.50
per gallon for ethanol
produced from cellulosic
materials, in addition to any
existing credits. [Sec.
12004]

No comparable provision.

All fuel ethanol is
allowed a tax credit of
$0.54 per gallon,
regardless of feedstock.
Small producers may
claim an additional
credit of $0.10 per
gallon. [26 U.S.C. 40]

Notes

H.R. 3221 Tax Provisions, Title XIII — Revenue Provisions
Clarification of Eligibility
for Renewable Diesel Credit

No comparable provision.

Explicitly excludes fuels
“derived from
coprocessing biomass with
a feedstock which is not
biomass” from eligibility
for the renewable diesel tax
credit. [Sec. 13011]

No comparable provision.

A tax credit is available
for the retail sale or use
of renewable diesel.
The credit is equal to
$1.00 per gallon of
renewable diesel. [P.L.
109-58]

Clarification That Credits
or Fuel are Designed to
Provide an Incentive for
United States Production

No comparable provision.

Limits eligibility for the
biodiesel and renewable
diesel tax credits to fuels
produced in the United
States. [Sec. 13012]

No comparable provision.

A tax credit is available
for the retail sale or use
of biodiesel and
renewable diesel
blended into
conventional diesel. The
credit does not
recognize point of
origin. [P.L. 108-357,
P.L. 109-58]

This provision
would limit tax
credits for
production of
renewable diesel
at existing
petroleum
refineries.

CRS-32
Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

No comparable requirement for
the Secretary of the Treasury.

The Secretary of the
Treasury is required to
study the effects of
increased biofuel use.
Study elements include the
effects on: fuel prices; land
prices; land use;
environment; agricultural
commodities; taxpayers;
and refining capacity. [Sec.
14002]

No comparable requirement
for the Secretary of the
Treasury.

No current provision.

No comparable provision.

No comparable provision.

Would require the Secretary
of Energy to establish
grants to local governments
and other entities (as
determined by the
Secretary) to promote the
development of
infrastructure to produce,
separate, process, and
transport biomass to
biorefineries. [Sec. 126]

No current provision.

Notes

H.R. 3221 Tax Provisions, Title XIV — Other Provisions
Comprehensive Study of
Biofuels

H.R. 6 (Senate Version)
Grants for Infrastructure
for Transportation of
Biomass to Local
Biorefineries

EISA would
require a related
study by XX.
See EISA Sec.
203 XX (above).

CRS-33
Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Alternative Fuel Database
and Materials

No comparable provision.

No comparable provision.

Would require the Secretary
of Energy and the National
Institute of Standards and
Technology to establish: 1)
a public database describing
the physical properties of
different alternative fuels;
and 2) standard reference
materials for different
alternative fuels. [Sec. 128]

No current provision.

Transitional Assistance for
Farmers who Plant
Dedicated Energy Crops for
a Local Cellulosic Refinery

No comparable provision.

No comparable provision.

Requires the Secretary of
Agriculture to provide
transitional assistance
payments to agricultural
producers in the first year
they produce eligible
cellulosic energy crops. $4
million is authorized
annually for FY2008FY2012. [Sec. 131]

No current provision.

R&D in Support of LowCarbon Fuels

No comparable provision.

No comparable provision.

Establishes a program of
R&D grants for research on
low carbon fuels, including
cellulosic biofuels and
woody biomass for fuels
and electricity. A total of
$275 million is authorized
for FY2009-FY2013. [Sec.
132]

No current provision.

Notes

CRS-34
Topic

EISA (P.L. 110-140)

H.R. 3221

H.R. 6 (Senate Version)

Prior/Current Law

Study of Advanced Biofuels
Technologies

No comparable provision.

No comparable provision.

Requires the Secretary of
Energy to contract with the
National Academy of
Sciences to study
technologies for the
production, transportation,
and distribution of
“advanced biofuels.” [Sec.
141]

No current provision.

Study of Incentives for
Renewable Fuels

No comparable provision.

No comparable provision.

Requires the President to
study the renewable fuels
industry and markets to
determine production costs,
factors affecting market
prices, and financial
incentives necessary to
enhance the U.S. biofuels
industry. [Sec. 147]

No current provision.

Study of Effects of EthanolBlended Gasoline on OffRoad Vehicles

No comparable provision.

No comparable provision.

Requires the Secretary of
Energy to study the effects
of ethanol-blended gasoline
on off-road vehicles and
recreational boats. [Sec.
149]

No current provision.

Alternative Fuel Vehicle
Action Plan

No comparable provision.

No comparable provision.

Requires the Secretary of
Transportation to develop
and implement an action
plan so that alternative fuel
vehicles (including E85
vehicles) represent at least
50% of new vehicle sales
by 2015. [Sec. 520]

No current provision.

Notes
Advanced
biofuels are
biofuels
produced from
feedstocks other
than corn starch.
(See Sec. 202 of
EISA above.)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/crs%3ARL34136. Public record. Not legal advice.