Order Code RL34239
Biofuels in the 2007 Energy and Farm Bills:
A Side-by-Side Comparison
Updated January 17, 2008
Brent D. Yacobucci
Specialist in Energy and Environmental Policy
Resources, Science, and Industry Division
Randy Schnepf and Tom Capehart
Specialists in Agricultural Policy
Resources, Science, and Industry Division

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Biofuels in the 2007 Energy and Farm Bills:
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). Among other provisions, the new law
significantly expands existing programs to promote biofuels. This report provides
a side-by-side comparison of biofuels-related provisions in EISA with prior law, and
with comparable provisions in the House and Senate farm bills. The House passed
its version of the farm bill, H.R. 2419 (the Farm, Nutrition, and Bioenergy Act of
2007) on July 27, 2007. The Senate passed its version (the Food and Energy Security
Act of 2007) on December 14, 2007, and requested a conference with the House on
the same day.
Both of these farm bill versions contain a distinct energy title (Title IX) that
covers a wide range of energy and agricultural topics with extensive attention to
biofuels, including ethanol and biodiesel.
Key biofuels-related provisions of EISA and the two farm bills include:
! a major expansion of the renewable fuel standard (RFS) established
in the Energy Policy Act of 2005 (P.L. 109-58) [EISA];
! expansion and/or modification of tax credits for alternative fuel
refueling infrastructure and for ethanol, and renewable diesel fuels
[Senate farm bill];
! grants and loan guarantees for biofuels research, development,
deployment, and production [EISA, both farm bills];
! 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 [EISA, Senate farm bill];
and
! reauthorization of biofuels R&D at the U.S. Department of Energy
[EISA] and the U.S. Department of Agriculture [both farm bills].
This report includes information from CRS Report RL34130, Renewable
Energy Policy in the 2007 Farm Bill, by Randy Schnepf and Tom Capehart, and CRS
Report 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, by Brent
D. Yacobucci.

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Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Key Elements of EISA and the House and Senate Farm Bills . . . . . . . . . . . . . . . . 2
List of Tables
Table 1. Comparison of Current or Prior Law with Biofuels Provisions in EISA
and the House and Senate Farm Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

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Biofuels in the 2007 Energy and Farm Bills:
A Side-by-Side Comparison
Introduction
With recent high energy prices, concerns over energy security, desire to promote
rural business, 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 plant and animal
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
The Energy Policy Act of 2005 (EPAct, P.L. 109-58) established a renewable
fuel standard (RFS). The RFS requires the 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 is expected that the majority of
this requirement will be met using corn-based ethanol.2 About 4.0 billion gallons of
corn ethanol were consumed in 2005, so the RFS under P.L. 109-58 represents
roughly a doubling of U.S. ethanol consumption over seven years. However, the
U.S. ethanol industry is expanding rapidly, outpacing the required growth in the RFS.
As of November 1, 2007, existing U.S. production capacity was roughly 7.0 billion
gallons per year, with another 6.5 billion gallons of capacity under construction or
in the planning stages. Because this capacity would likely outpace the RFS under
P.L. 109-58, some proponents of corn-based ethanol supported an increase in the
mandated levels of the RFS.
On December 19, 2007, President Bush signed the Energy Independence and
Security Act of 2007 (EISA). Among other provisions, the new law significantly
expands the RFS established under EPAct. Instead of requiring 5.4 billion gallons
of renewable fuel in 2008, the new law requires 9.0 billion gallons. Further, the new
law requires 36 billion gallons of renewable fuel in 2022, as compared to an
estimated 8.6 billion gallons under EPAct.
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
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.

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CRS-2
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
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.
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 could 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 Under EISA,
starting in 2009, the RFS will require that an increasing amount of the mandate be
met through the use of “advanced biofuels” – biofuels produced from feedstocks
other than corn starch.
Key Elements of EISA and the
House and Senate Farm Bills
This report provides a side-by-side comparison of biofuels-related provisions
in EISA with the House and Senate farm bills. President Bush signed EISA on
December 19, 2007. The House passed its farm bill, H.R. 2419 (the Farm, Nutrition,
and Bioenergy Act of 2007) on July 27, 2007. The Senate passed its version (the
Food and Energy Security Act of 2007) on December 14, 2007, and requested a
conference with the House on the same day.
All three bills cover a wide range of energy and agricultural topics in addition
to biofuels.
Table 1 contains a section-by-section comparison of the biofuels provisions in
current or prior law with EISA and the House and Senate farm bills. The table is
organized in the same order as EISA, followed by provisions in the House farm bill,
with non-comparable Senate farm bill sections shown at the end. Key provisions of
the bills include:
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 Non-corn-starch feedstocks include other parts of the corn plant, such as 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.

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CRS-3
! a major expansion of the renewable fuel standard (RFS) established
in the Energy Policy Act of 2005 (P.L. 109-58) [EISA];
! expansion and/or modification of tax credits for alternative fuel
refueling infrastructure and for ethanol, and renewable diesel fuels
[Senate farm bill];
! grants and loan guarantees for biofuels research, development,
deployment, and production [EISA, both farm bills];
! 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 [EISA, Senate farm bill];
and
! reauthorization of biofuels R&D at the U.S. Department of Energy
[EISA] and the U.S. Department of Agriculture [both farm bills].

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CRS-4
Table 1. Comparison of Current or Prior Law with Biofuels Provisions in EISA and the House and Senate Farm Bills

Topic
Current or Prior Law
Energy Independence and
House Farm Bill —
Senate Farm Bill —
Notes
Security Act (P.L. 110-140)
H.R. 2419 (House Version)
H.R. 2419
(Senate Version)
P.L. 110-140, Title I — Energy Security Through Improved Fuel Economy
Consumer
No prior provision.
The Secretary of Transportation
No comparable provision.
No comparable provision.
Information
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]
Fuel Tank Labeling
No current provision.
Requires the Secretary of
No comparable provision.
No comparable provision.
Requirement
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]
Extension of
Under the Corporate
Amends the CAFE program to
No comparable provision.
No comparable provision.
Expanding the
Flexible Fuel
Average Fuel Economy
extend alternative fuel vehicle
definition of
Vehicle Credit
(CAFE) program,
credits through model year
alternative fuel
Program / Biodiesel
automakers may generate
2019, at a declining rate. Also
vehicle to include B20
as Alternative fuel
credits toward their
allows vehicles capable of
could make all diesel
for CAFE Purposes
compliance for the
operating on B20 to be treated
passenger cars and
production and sale of
as vehicles eligible for CAFE
light trucks eligible
alternative fuel vehicles, as
credits.
for credits under
defined in law. Currently,
[Sec. 109]
CAFE. Currently,
B20 (a blend of 20%
some diesel passenger
biodiesel and 80%
vehicles are

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CRS-5
Topic
Current or Prior Law
Energy Independence and
House Farm Bill —
Senate Farm Bill —
Notes
Security Act (P.L. 110-140)
H.R. 2419 (House Version)
H.R. 2419
(Senate Version)
petroleum diesel) vehicles
warrantied to run on
are not considered
B5, but there seem to
alternative fuel vehicles. [49
be few technical
U.S.C. 32901 et seq.]
barriers to making
some or all new diesel
vehicles B20-capable.
P.L. 110-140, Title II — Energy Security Through Increased Production of Biofuels
Renewable Fuel
The Energy Policy Act of
Amends the RFS to include all
No comparable provision.
No comparable provision.
Standard
2005 established a
transportation fuels (except for
Renewable Fuel Standard
fuels used in ocean-going
(RFS) which requires the
vessels). Expands the existing
use of an increasing amount
requirement to 9.0 billion
of renewable fuels in
gallons in 2008, increasing to
gasoline. The mandate
36 billion gallons in 2022.
increases from 4.0 billion
Requires renewable fuels
gallons in 2006 to 7.5 billion
produced at new facilities to
gallons in 2012. Starting in
have at least 20% lower
2013, the proportion of
lifecycle greenhouse gas (GHG)
renewable fuel to gasoline
emissions than petroleum fuels.
must equal or exceed the
Starting in 2009, requires that
proportion in 2012. Starting
an increasing amount of the
in 2013, of the amount
above mandate be met using
mandated above, at least 250
“advanced biofuels,” defined as
million gallons must be fuel
biofuels derived from
derived from cellulosic
feedstocks other than corn
material.
starch with 50% lower lifecycle
[P.L. 109-58, Sec. 1501]
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 biomass-

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CRS-6
Topic
Current or Prior Law
Energy Independence and
House Farm Bill —
Senate Farm Bill —
Notes
Security Act (P.L. 110-140)
H.R. 2419 (House Version)
H.R. 2419
(Senate Version)
derived diesel substitutes.
[Sec. 202]
Study of Impact of
By August 2009, the
The Secretary of Energy, in
No comparable provision.
No comparable provision.
Increased
Environmental Protection
consultation with the Secretary
Renewable Fuel
Agency (EPA) must publish
of Agriculture and the EPA
Use
a draft analysis of the effects
Administrator, is required to
of the fuels provisions in
enter into an agreement with the
P.L. 109-58 on air pollutant
National Academy of Sciences
emissions and air quality.
(NAS) to study the impacts of
[P.L. 109-58, Sec. 1505]
the RFS on industries related to
feed grains, livestock, food,
EPA is required to conduct a
forest products, and energy.
survey to determine the
The NAS study must assess the
market share of gasoline
likely effects on domestic
containing ethanol and other
animal agriculture and policy
renewable fuels. [P.L. 109-
options to alleviate negative
58, Sec. 1501(c)]
effects; identify agricultural
conditions that would warrant a
DOE is required to collect
waiver of the RFS
and publish monthly survey
requirements; and make
data on the production,
recommendations to limit
blending, importing,
adverse economic impacts from
demand, and price of
the RFS.
renewable fuels, both on a
[Sec. 203]
national and regional basis.
[P.L. 109-58, Sec. 1508]
Environmental and
No prior provision.
The EPA Administrator, in
No comparable provision.
No comparable provision.
Resource
consultation with the Secretaries
Conservation
of Agriculture and Energy, must
Impacts
study the impacts of the RFS on
environmental issues, resource
conservation issues, and

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CRS-7
Topic
Current or Prior Law
Energy Independence and
House Farm Bill —
Senate Farm Bill —
Notes
Security Act (P.L. 110-140)
H.R. 2419 (House Version)
H.R. 2419
(Senate Version)
invasive or noxious species.
[Sec. 204]
Biomass Based
No prior provision.
The Federal Trade Commission
No comparable provision.
No comparable provision.
Diesel and Biodiesel
is required to promulgate rules
Labeling
requiring diesel retailers to label
their pumps with the percentage
of biomass-based diesel or
biodiesel that is offered for sale.
[Sec. 205]
Study of Credits for
Under the existing RFS,
The EPA Administrator is
No comparable provision.
Authorizes USDA to
Use of Renewable
cellulosic biofuels are
required to study the feasibility
provide cost-sharing
Electricity in
eligible for additional credits
of issuing credits under the RFS
grants and loan
Electric Vehicles /
under the mandate. A
for electric vehicles powered by
guarantees available for
Production of
gallon of cellulosic biofuel
electricity from renewable
repowering existing
Renewable Fuel
is considered equal to 2.5
resources. Within 180 days of
biorefineries operating on
Using Renewable
gallons of ethanol. For this
enactment, EPA must report to
fossil fuels to switch to
Energy
section, “cellulosic biofuels”
Congress on the findings of the
renewable energy. (For
includes both biofuels
study.
more information, see
produced from cellulose and
[Sec. 206]
“Loan Guarantees and
biofuels produced from
Grants for Biorefineries
sugars or starches (e.g., corn
and Biofuel Production
ethanol) if biomass is used
Plants,” above.)
to displace fossil energy in
[Sec. 9005]
the refining of the fuel.
[P.L. 109-58, Sec. 1501]
Grants for
The Secretary of Energy
Requires the Secretary of
No comparable provision.
No comparable provision.
Advanced biofuels are
Production of
may provide grants for the
Energy to establish a grant
biofuels produced
Advanced Biofuels
construction of facilities to
program for the production of
from feedstocks other
produce renewable fuels
advanced biofuels that have at
than corn starch. (See
(including ethanol) from
least an 80% reduction in
Sec. 202 of EISA.)
cellulosic biomass,
lifecycle greenhouse gas

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CRS-8
Topic
Current or Prior Law
Energy Independence and
House Farm Bill —
Senate Farm Bill —
Notes
Security Act (P.L. 110-140)
H.R. 2419 (House Version)
H.R. 2419
(Senate Version)
agricultural byproducts,
emissions relative to current
agricultural waste, and
fuels. Authorizes a total of
municipal solid waste. A
$500 million for FY2008-
total of $750 million is
FY2015.
authorized for FY2006-
[Sec. 207]
FY2008. [P.L. 109-58, Sec.
1512]
Integrated
Section 211(c) of the Clean
Expands EPA’s authority to
No comparable provision.
No comparable provision.
Consideration of
Air Act allows the EPA
control engines, vehicles, fuels,
Water Quality in
Administrator to control or
and fuel additives under Sec.
Determinations on
prohibit the production
211(c) of the Clean Air Act to
Fuels and Fuel
and/or sale of any engine,
include effects on water
Additives
vehicle, fuel, or fuel additive
pollution.
that causes or contributes to
[Sec. 208]
air pollution “that may be
reasonably anticipated to
endanger the public health
or welfare.”
[42 U.S.C. 7545(c)]
Anti-Backsliding
No prior provision.
Requires the EPA Administrator
No comparable provision.
No comparable provision.
to study the potential adverse
effects to air quality from the
expanded RFS, and to
promulgate regulations to
mitigate those effects.
[Sec. 209]
Effective Date,
No prior provision.
For 2008 and 2009, any ethanol
No comparable provision.
No comparable provision.
Savings Provision,
plant powered by natural gas,
and Transition
biomass, or a combination of
Rules
the two is treated as having a
20% reduction in lifecycle

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CRS-9
Topic
Current or Prior Law
Energy Independence and
House Farm Bill —
Senate Farm Bill —
Notes
Security Act (P.L. 110-140)
H.R. 2419 (House Version)
H.R. 2419
(Senate Version)
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]
Biodiesel Report
No prior provision.
Requires the Secretary of
No comparable provision.
No comparable provision.
Currently, biodiesel
Energy to report to Congress on
represents less than
the R&D challenges to
1% of total diesel
expanding biodiesel use (to an
consumption.
unspecified level)
[Sec. 221]
Biogas Report
No prior provision.
Requires the Secretary of
No comparable provision.
No comparable provision.
Energy to report to Congress on
the R&D challenges to
expanding biogas and
biogas/natural gas blends (to an
unspecified level). [Sec. 222]
Grants for Biofuel
The Secretary of Energy is
Authorizes $25 million annually
No comparable provision.
No comparable provision.
Production and
authorized to receive $25
for FY2008-FY2010 for R&D
R&D in Certain
million annually for
and commercial application of
States
FY2006-FY2010 for R&D
biofuel production in states with
and implementation of
low rates of ethanol and
renewable fuel production
cellulosic ethanol production
technologies in states with
(this could in effect apply to all
low rates of ethanol
states).
production that are under the
[Sec. 223]
federal reformulated
gasoline (RFG) program.
[P.L. 109-58, Sec. 1511(d)]

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CRS-10
Topic
Current or Prior Law
Energy Independence and
House Farm Bill —
Senate Farm Bill —
Notes
Security Act (P.L. 110-140)
H.R. 2419 (House Version)
H.R. 2419
(Senate Version)
Biorefinery Energy
The Secretary of Energy is
Amends Sec. 932 of P.L. 109-
No comparable provision.
No comparable provision.
Efficiency
directed to conduct research
58 to include research on
on commercial applications
energy efficiency at
of biomass and bioenergy.
biorefineries and on technology
[P.L. 109-58, Sec. 932]
to convert existing corn-based
ethanol plants to process
cellulosic materials.
[Sec. 224]
Study of
No prior provision.
The Secretary of Energy is
No comparable provision.
No comparable provision.
Current FFVs are
Optimization of
directed to study whether
optimized to run on
Flexible Fueled
optimizing flexible fuel vehicles
gasoline, since that
Vehicles to use E-85
(FFVs) to run on E85 would
tends to be their
Fuel
increase their fuel efficiency.
primary fuel.
[Sec. 225]
Study of Engine
No current provision.
The Secretary of Energy, in
No comparable provision.
No comparable provision.
Durability and
consultation with the EPA
Performance
Administrator, is directed to
Associated with the
study the effects of various
Use of Biodiesel
biodiesel/diesel blends on
engine performance and
durability.
[Sec. 226]
Study of
No prior provision.
The Secretary of Energy is
No comparable provision.
No comparable provision.
Optimization of
directed to study the potential
Biogas Used in
for optimizing natural gas
Natural Gas
vehicles to run on biogas
Vehicles
(methane produced from
biological feedstocks).
[Sec. 227]

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CRS-11
Topic
Current or Prior Law
Energy Independence and
House Farm Bill —
Senate Farm Bill —
Notes
Security Act (P.L. 110-140)
H.R. 2419 (House Version)
H.R. 2419
(Senate Version)
Algal Biomass
Various statutes promote
The Secretary is required to
No comparable provision.
No comparable provision.
biofuels R&D, including the
report to Congress on progress
development of biofuels
toward developing algae as a
from algae, at the
feedstock for biofuel
Department of Energy.
production.
[Sec. 228]
Biofuels and
No prior provision.
Directs the Secretary of Energy
No comparable provision.
No comparable provision.
Biorefinery
to establish a technology
Information Center
transfer center to provide
information on biofuels and
biorefineries.
[Sec. 229]
Cellulosic Ethanol
No prior provision.
Authorizes the Secretary of
No comparable provision.
No comparable provision.
and Biofuels
Energy to provide biofuels
Research
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]
Bioenergy R&D -
The Secretary of Energy is
Amends Sec. 931 of P.L. 109-
No comparable provision.
Amends Section 1419(d)
Funding for related
Authorization of
directed to conduct R&D on
58 to authorize a total of $1.2
of the National
biomass research
Appropriation
biomass, bioenergy, and
billion for FY2008-FY2010 for
Agricultural Extension
through the
bioproducts. A total of $525
R&D on biomass, bioenergy,
and Teaching Policy Act
Department of
million is authorized for
and bioproducts.
of 1977 (7 U.S.C.
Agriculture is
FY2008-FY2009.
[Sec. 231]
3254(d)) to extend
contained in Sec. 9006
[P.L. 109-58, Sec. 931(c)]
appropriations of $20
of the House farm bill.

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CRS-12
Topic
Current or Prior Law
Energy Independence and
House Farm Bill —
Senate Farm Bill —
Notes
Security Act (P.L. 110-140)
H.R. 2419 (House Version)
H.R. 2419
(Senate Version)
million annually through
2012 for research on
production and marketing
of alcohols and industrial
hydrocarbons from
agricultural and forest
feedstocks. [Sec. 7008]
Environmental
DOE is required to establish
DOE is required to expand the
No comparable provision.
No comparable provision.
See also Sec. 233 of
Research and
a program of research,
biological R&D program
EISA (below).
Development
development, and
established in Sec. 977 of P.L.
demonstration in microbial
109-58 to include
and plant systems biology,
environmental effects, potential
protein science, and
for greenhouse gas reductions,
computational biology.
and the potential for more
Biomedical research and
sustainable agriculture.
research related to humans
[Sec. 232(a)]
are not permitted as part of
the program.
[P.L. 109-58, Sec. 977]
Lifecycle Analysis
No prior provision.
The Secretary of Energy is
No comparable provision.
USDA is directed to study
Tools for
required to study and develop
methods for evaluating
Evaluating the
tools for evaluating the lifecycle
the life-cycle greenhouse
Energy
energy consumption and
gas emissions of
Consumption and
greenhouse gas emissions from
conventional fuels and
Greenhouse Gas
biofuels.
biofuels, and to report to
Emissions from
[Sec. 232(b)]
Congress results and
Biofuels
recommendations for a
method for evaluating the
lifecycle greenhouse gas
emissions of fuels.
[Sec. 9020]

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CRS-13
Topic
Current or Prior Law
Energy Independence and
House Farm Bill —
Senate Farm Bill —
Notes
Security Act (P.L. 110-140)
H.R. 2419 (House Version)
H.R. 2419
(Senate Version)
Small-Scale
No prior provision.
Amends the Biofuels Research
No comparable provision.
No comparable provision.
Production and Use
and Development Act of 2000
of Biofuels
to require the Secretary of
Agriculture to establish a R&D
program to facilitate small-scale
production and local and on-
farm use of biofuels.
[Sec. 232(c)]
Bioenergy Research
The Department of Energy
Requires the establishment of at
No comparable provision.
No comparable provision.
See also Sec. 232(a)
Centers
(DOE) is required to
least seven research centers that
of EISA (above),
establish a program of R&D
focus on bioenergy to be
which would expand
and demonstration of
included in the R&D program
the topics covered by
microbial and plant systems
established in Sec. 977 of P.L.
the program.
biology, protein science, and
109-58.
computational biology.
[Sec. 233]
Biomedical research and
research related to humans
are not permitted as part of
the program.
[Energy Policy Act of 2005,
P.L. 109-58, Sec. 977]
University Based
No prior provision.
Requires the Secretary of
No comparable provision.
No comparable provision.
Research and
Energy to establish a program
Development Grant
of competitive grants to
Program
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]

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CRS-14
Topic
Current or Prior Law
Energy Independence and
House Farm Bill —
Senate Farm Bill —
Notes
Security Act (P.L. 110-140)
H.R. 2419 (House Version)
H.R. 2419
(Senate Version)
Prohibition on
No prior provision.
Amends the Petroleum
No comparable provision.
No comparable provision.
Franchise
Marketing Practices Act (15
Agreement
U.S.C. 2801 et seq.) to make it
Restrictions
unlawful for a franchiser to
Related to
prohibit a franchisee from
Renewable Fuel
installing E85 or B20 tanks and
Infrastructure
pumps within the franchise
agreement.
[Sec. 241]
Renewable Fuel
No prior provision.
The Secretary of Energy is
No comparable provision.
No comparable provision.
Dispenser
required to report to Congress
Requirements —
on the market penetration of
Report to Congress
flexible fuel vehicles and on the
feasibility of requiring fuel
retailers to install E85
infrastructure.
[Sec. 242]
Ethanol Pipeline
No prior provision.
The Secretary of Energy, in
No comparable provision.
USDA is required to
Ethanol is currently
Feasibility Study
consultation with the Secretary
study the infrastructure
transported by rail,
of Transportation, is required to
needs associated with an
truck, or barge to
report on the feasibility of
expansion in biofuel
gasoline pipeline
constructing dedicated ethanol
production, including
terminals for blending
pipelines. $1 million is
pipeline feasibility. [Sec.
into gasoline.
authorized annually for FY2008
9018]
and FY2009.
[Sec. 243]
Renewable Fuel
No prior provision.
Directs the Secretary of Energy
No comparable provision.
Provides cost-share grants
Infrastructure
to provide grants for conversion
of up to 20% of total costs
Development
assistance, technical and
for installation of E-85
marketing assistance, and pilot
fuel infrastructure.
programs to expand
Authorizes a total of $20

---

CRS-15
Topic
Current or Prior Law
Energy Independence and
House Farm Bill —
Senate Farm Bill —
Notes
Security Act (P.L. 110-140)
H.R. 2419 (House Version)
H.R. 2419
(Senate Version)
infrastructure for
million for FY2008-
ethanol/gasoline blends of
FY2012 to remain
between 11% and 84% ethanol,
available until expended.
and renewable fuel/diesel fuel
[Sec. 9021]
blends of at least 10%
renewable diesel. $200 million
is authorized annually for
FY2008-FY2014.
[Sec. 244]
Study of the
No prior provision.
The Secretary of Energy, jointly
The Secretary of
No comparable provision.
Adequacy of
with the Secretary of
Agriculture, in coordination
Transportation of
Transportation, is required to
with the Secretary of
Domestically-
report on the adequacy of
Transportation, is required to
Produced
railroads and modes for
study and report on railroad
Renewable Fuel by
transportation of domestically
issues related to the
Railroads and
produced renewable fuel.
movement of agricultural
Other Modes of
[Sec. 245]
products, including
Transportation
domestically produced
renewable fuels.
[Sec. 6032]
Federal Fleet
No prior provision.
Requires the head of each
No comparable provision.
No comparable provision.
Refueling Centers
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

---

CRS-16
Topic
Current or Prior Law
Energy Independence and
House Farm Bill —
Senate Farm Bill —
Notes
Security Act (P.L. 110-140)
H.R. 2419 (House Version)
H.R. 2419
(Senate Version)
gallons in annual fuel turnover.
[Sec. 246]
Standard
No prior provision.
If ASTM International
No comparable provision.
No comparable provision.
Specifications for
(originally the American
Biodiesel
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]
Biofuels
No prior provision.
Directs the Secretary of Energy
No comparable provision.
Directs USDA to study
Infrastructure
to conduct an R&D program on
the infrastructure needs
the effects of biofuels on
associated with a
existing transportation fuel
significant expansion in
distribution systems.
biofuel production and
[Sec. 248]
use. Specifically includes
dedicated ethanol pipeline
feasibility studies and
examination of water
resource needs.
Authorizes $1 million for
each of FY2008-FY2012.
[Sec. 9018]
Waiver for Fuel or
Under Sec. 211(f) of the
Prohibits the introduction of
No comparable provision.
No comparable provision.
Before the passage of
Fuel Additives
Clean Air Act, no new fuels
new renewable fuels or
EISA, inaction or
or fuel additives may be
renewable fuel additives unless
failure to complete
introduced into commerce
EPA explicitly grants a waiver
review of an additive
unless granted a waiver by
under Sec. 211(f) of the Clean
by EPA allowed a fuel
EPA. If EPA has not acted
Air Act. EPA is required to
to receive the waiver.

---

CRS-17
Topic
Current or Prior Law
Energy Independence and
House Farm Bill —
Senate Farm Bill —
Notes
Security Act (P.L. 110-140)
H.R. 2419 (House Version)
H.R. 2419
(Senate Version)
within 180 days of receipt of
take final action within 270
Under EISA, no
a waiver request, the waiver
days of receipt of the waiver
waiver would be
is treated as granted.
request.
granted without
[42 U.S.C. 7545(f)]
[Sec. 251]
explicit approval by
EPA.
P.L. 110-140, Title V — Energy Savings in Government and Public Institutions
Capitol Complex E-
No prior provision.
The Architect of the Capitol is
No comparable provision.
No comparable provision.
85 Refueling
authorized to install an E85 tank
Station
and pumping system on or near
the Capitol Grounds Fuel
Station. $640,000 is authorized
for FY2008.
[Sec. 502]
Procurement and
No prior provision.
Federal agencies are prohibited
No comparable provision.
No comparable provision.
Acquisition of
from procuring alternative or
Alternative Fuels
synthetic transportation fuels if
the lifecycle emissions exceed
those of petroleum-based fuels.
[Sec. 526]
P.L. 110-140, Title VIII — Improved Management of Energy Policy
Sense of Congress
No prior provision.
Expresses the Sense of the
Expresses the Sense of the
Sense of Congress
Relating to the Use
Congress that renewable
Congress that it is in the
encouraging higher levels
of Renewable
resources from agriculture and
interest of the United States
of ethanol- blended
Resources to
forestry should provide at least
to diversify its energy
gasoline (i.e., intermediate
Generate Energy
25% of all U.S. energy needs by
portfolio and promote
blends such as E13, E15,
2025.
energy security through
E20 and higher).
[Sec. 806]
renewable energy. [Sec.
[Sec. 9002]
9016]

---

CRS-18
Topic
Current or Prior Law
Energy Independence and
House Farm Bill —
Senate Farm Bill —
Notes
Security Act (P.L. 110-140)
H.R. 2419 (House Version)
H.R. 2419
(Senate Version)
House Farm Bill — H.R. 2419 (House Version)
Federal
Under the 2002 farm bill,
No comparable provision.
Clarifies that products with
Clarifies that biobased
Procurement of
federal agencies are
at least 5% of intermediate
intermediate ingredients
Biobased Products
currently required to
ingredients and feedstock
and feedstocks qualify
purchase biobased products
that are biobased should be
under the program. It also
under certain conditions.
considered under the
requires the Secretary of
Current law authorizes a
preference. Requires USDA
Agriculture to establish a
voluntary biobased labeling
to complete rulemaking on
voluntary labeling
program. USDA regulations
labeling regulation. Provides
program for biobased
define biobased products,
mandatory CCC funding of
products — “USDA
identify biobased product
$2 million for each of
Certified Biobased
categories, and specify the
FY2008-FY2012 for
Product.” Provides grants
criteria for qualifying those
bio-product testing, labeling,
for education and
products for preferred
and procurement research,
awareness of bioenergy
procurement. Mandatory
promotion, and awareness
and biobased products.
Commodity Credit
initiatives. [Sec. 9002]
Provides $3 million per
Corporation (CCC) funding
year in mandatory
of $1 million is authorized
funding for FY2008-
for each of FY2002-FY2007
FY2012. [Sec. 9002]
for testing biobased
products. [P.L. 107-171,
Sec. 9002]
Loan Guarantees
The Energy Policy Act of
No comparable provision.
Extends the 2002 farm bill
Revises P.L. 107-171,
and Grants for
2005 directs DOE to
biorefinery development
Sec. 9003, to promote
Biorefineries and
provide loan guarantees for
program through FY2012
“advanced biofuel”
Biofuel Production
various renewable energy
and provides new loan
production in
Plants
and low-emission energy
guarantee authority for
renewable-fuel-
projects.
biorefineries, with a total of
powered facilities.
[P.L. 109-58, Sec. 1703]
$600 million going to loans
Provides grants for pilot-
of less than $100 million,
and demonstration-scale
The 2002 farm bill
and $1 billion for loans up to
plants; matching funds for
authorized a grant program
$250 million. The loan
feasibility studies, and

---

CRS-19
Topic
Current or Prior Law
Energy Independence and
House Farm Bill —
Senate Farm Bill —
Notes
Security Act (P.L. 110-140)
H.R. 2419 (House Version)
H.R. 2419
(Senate Version)
to help finance the cost of
guarantee would cover 90%
grants for up to 20% of
developing and constructing
of an eligible loan. Requires
total costs to convert
biorefineries and biofuel
that construction contractors
fossil-fueled biomass
production plants to carry
and subcontractors on
facilities to renewable
out projects to demonstrate
federally assisted loan
resources; and provides
the commercial viability of
guarantee projects pay their
loan guarantees for up to
converting biomass to fuels
employees not less than the
80% of total eligible
or chemicals. However, no
prevailing wage in the same
costs for the development
funds have been
locality under the Davis-
and construction of
appropriated for the
Bacon Act. Specifies
commercial-scale plants.
program.
mandatory CCC funding of
Provides $300 million in
[P.L. 107-171, Sec. 9003]
up to $800 million for
mandatory funding for
FY2008-FY2012.
FY2008-FY2012.
[Sec. 9003]
[Sec. 9005]
Energy Audit and
This is a competitive grant
No comparable provision.
Extends the 2002 farm bill
Extends the Energy Audit
Renewable Energy
program for eligible entities
Energy Audit and
and Renewable Energy
Development
to carry out a program to
Renewable Energy
Development Program
Program
assist farmers, ranchers, and
Development Program
through FY2012, but
rural small businesses in
through 2012.
folds it into the new Rural
becoming more energy
[Sec. 9004]
Energy for America
efficient and in using
Program where
renewable energy
mandatory funding is
technology and resources.
available (see next section
Authorized appropriations
for more information).
of such sums as are
[Sec. 9007]
necessary to carry out the
program for FY2002-
FY2007.
[P.L. 107-171, Sec. 9005]

---

CRS-20
Topic
Current or Prior Law
Energy Independence and
House Farm Bill —
Senate Farm Bill —
Notes
Security Act (P.L. 110-140)
H.R. 2419 (House Version)
H.R. 2419
(Senate Version)
Renewable Energy
This program authorizes
No comparable provision.
Renamed as the “Rural
Renamed as the “Rural
Systems and
loans, loan guarantees, and
Energy for America
Energy for America
Energy Efficiency
grants to farmers, ranchers,
Program.” Raises the loan
Program,” adds the option
Improvements
and rural small businesses to
guarantee level from $10
to receive a production
purchase and install
million to $25 million.
incentive payment in lieu
renewable energy systems
Grant fund cost share is
of a grant, and stipulates
and to make energy
retained at up to 25% of
that a grant may cover up
efficiency improvements.
project costs; however,
to 25% of project costs
Mandatory CCC funding of
combined grants and loans
while a loan guarantee
$23 million annually for
(including guarantees) is
may cover up to 75% of
FY2003-FY2007.
expanded to 75% of project
the cost. Sets aside a
[P.L. 107-171, Sec. 9006]
cost. Allows for feasibility
portion of funds for
studies to be eligible for the
manure-to-energy
program. Increases
facilities such as methane
mandatory CCC funding to a
digesters. Streamlines
total of $500 million for
grant and loan
FY2008-FY2012.
applications for
[Sec. 9005]
small-scale projects
(under $20,000), and
requires that 20% of funds
be used for such projects.
Extends EPA’s Energy
Star Program to identify
and promote
energy-efficient
equipment and facilities in
the agricultural sector.
Provides $230 million in
mandatory funding for
FY2008 to remain
available until expended,
with not less than 15% of

---

CRS-21
Topic
Current or Prior Law
Energy Independence and
House Farm Bill —
Senate Farm Bill —
Notes
Security Act (P.L. 110-140)
H.R. 2419 (House Version)
H.R. 2419
(Senate Version)
this funding dedicated to
the animal
manure-to-energy
provision.
[Sec. 9007]
Biomass Research
The Biomass Research and
No comparable provision.
Modifies and extends the
Extends the program and
and Development
Development Act of 2000
Biomass Research and
moves it in statute to this
Act of 2000
(reauthorized by the 2002
Development Program
act. Adds new emphasis
farm bill) provides
through FY2012. Adds
on utilization of
competitive funding for
mandatory CCC funding of
byproducts such as dried
R&D and demonstration
$420 million total for
distillers grains and
projects on biofuels and
FY2008-FY2012. Also
solubles (DDGS) and
bio-based chemicals and
maintains the existing
development of
products, administered
authorization of
technologies for harvest,
jointly by USDA and DOE.
appropriations of $200
storage, preprocessing
Specified mandatory CCC
million annually for
and transportation of
funding of $5 million in
FY2008-FY2015.
renewable biomass
FY2002 and $14 million
[Sec. 9006]
feedstocks. Provides a
annually for FY2003-
total of $75 million in
FY2007 to remain available
mandatory funding during
until expended. Also
FY2008-FY2012.
authorized appropriations of
Authorizes appropriations
$200 million for each of
of $85 million in each of
FY2006-FY2015.
FY2008-FY2012.
[P.L. 107-171, Sec. 9008]
[Sec. 9008]
Adjustments to the
Originally a Clinton
No comparable provision.
Renews and extends the
Renews and extends the
The Senate farm bill
Bioenergy Program
Administration initiative, the
2002 farm bill Bioenergy
Bioenergy Program
provision will likely
Bioenergy Program was
Program through 2012 with
through FY2012. Bases
benefit those
made statutory by the 2002
a total of $1.4 billion in
the payment rate on: (1)
purchasing feedstocks
farm bill. The program
mandatory CCC funding for
biofuel production, (2)
for cellulosic biofuels
provides CCC incentive
FY2008-FY2012. Ethanol
feedstock prices, and (3)
and biodiesel.
payments to biofuels
produced from corn starch is
net non-renewable energy

---

CRS-22
Topic
Current or Prior Law
Energy Independence and
House Farm Bill —
Senate Farm Bill —
Notes
Security Act (P.L. 110-140)
H.R. 2419 (House Version)
H.R. 2419
(Senate Version)
producers based on
excluded. Renewable diesel
content of the fuel. The
year-to-year increases in the
produced from biomass at
program is not available
quantity of biofuel
petroleum refineries may be
to those claiming a
produced. Mandatory CCC
excluded, as well. Expands
biofuel production tax
funding of $150 annually
eligibility for combined heat
credit or with biofuel
for FY2002-FY2006. No
and power production using
production capacity
funding was available for
biomass at biofuels plants
greater than 150 million
FY2007.
and biomass gasification as
gallons per year.
[P.L. 107-171, Sec. 9010]
types of bioenergy eligible
Provides $245 million in
for the production incentive.
mandatory funding for
[Sec. 9007]
FY2008-FY2012.
[Sec. 9006]
Research,
The “Sun Grant” program
No comparable provision.
Extends the Sun Grant
Reauthorizes the Sun
Extension, and
established 5 national sun
program through 2012 with
Grant program through
Educational
grant research centers based
authorized appropriations of
FY2012 and establishes a
Programs on
at land-grant universities
$75 million for each of
Western Insular Pacific
Biobased Energy
and each covering a
FY2008-FY2012, and
Sub-Center at the
Technologies and
different region. The
establishes a 6th regional
University of Hawaii.
Products
purpose is to enhance
center — Western Insular
Competitive grants are
coordination and
Pacific Sub-Center — at the
available to land-grant
collaboration between
University of Hawaii. [Sec.
schools within each
USDA, DOE, and land-grant
9008]
region.
universities in the
Provides, for the first
development, distribution,
time, mandatory funding
and implementation of
for the Sun Grant program
biobased energy
of $5 million in FY2008,
technologies. Authorized
$10 million in each of
appropriations of $25
FY2009 and FY2010
million in FY2005, $50
(available until expended)
million in FY2006, and $75
for a total of $25 million
million annually for
for FY2008-FY2012.
FY2007-FY2010.
Further authorizes
appropriations of $70

---

CRS-23
Topic
Current or Prior Law
Energy Independence and
House Farm Bill —
Senate Farm Bill —
Notes
Security Act (P.L. 110-140)
H.R. 2419 (House Version)
H.R. 2419
(Senate Version)
million in each of
FY2008-FY2015.
[Sec. 9009]
Energy Council of
No current provision.
No comparable provision.
Directs the Secretary of
Expands and codifies the
the Department of
Agriculture to establish an
scope of responsibilities
Agriculture
energy council to coordinate
of the USDA related to
the energy policy of USDA
the coordination of energy
and consult with other
programs and specifies
federal departments and
that USDA should have
agencies.
one entity serving as
[Sec. 9009]
central coordinator for
these programs.
Responsibilities of the
coordinating entity
include oversight and
coordination of
energy-related activities
within USDA, as well as
coordination of related
activities with other
federal, state, and local
agencies.
[Sec. 9017]
Farm Energy
No current provision.
No comparable provision.
Establishes a pilot program
No comparable provision.
See also House farm
Production and Use
to provide grants to farmers
bill, Sec. 9015
Pilot Program
to demonstrate the feasibility
(below).
of making a farm become
energy neutral using existing
technologies. Authorizes a
total of $5 million for
FY2008-FY2012.
[Sec. 9010]

---

CRS-24
Topic
Current or Prior Law
Energy Independence and
House Farm Bill —
Senate Farm Bill —
Notes
Security Act (P.L. 110-140)
H.R. 2419 (House Version)
H.R. 2419
(Senate Version)
Rural Energy Self-
No current provision.
No comparable provision.
Establishes the Rural Energy
Establishes a program —
Sufficiency
Self-Sufficiency Initiative to
the Rural Energy Systems
Initiative Grant
provide cost-share grants to
Renewal Program — of
Program
enable eligible rural
competitive cost-shared
communities (of less than
grants for rural
25,000) to substantially
communities to assess
increase their energy self-
their energy systems and
sufficiency. The grant may
formulate strategies for
not exceed 75% of costs.
improvements. Authorizes
Requires a report to
discretionary funding of
Congress on best practices/
$5 million for each of
approaches. Total grants
FY2008-FY2012.
under this section are limited
[Sec. 9015]
to no more than 5 per year,
and authorizes
appropriations of not more
than $5 million for FY2008,
and such sums as are
necessary for FY2009-
FY2012.
[Sec. 9011]
Agricultural
No current provision.
No comparable provision.
Provides 3rd and 4th year
No comparable provision.
Biofuels from
undergraduate or graduate
Biomass Internship
students from universities in
Program
states with substantial
farm-based economies the
opportunity to work with
U.S. government and non-
governmental organizations
on matters pertaining to
renewable energy policies.
Requires states to match $1
for every $2 of federal funds.

---

CRS-25
Topic
Current or Prior Law
Energy Independence and
House Farm Bill —
Senate Farm Bill —
Notes
Security Act (P.L. 110-140)
H.R. 2419 (House Version)
H.R. 2419
(Senate Version)
Authorizes such sums as are
necessary to carry out the
program.
[Sec. 9012]
Feedstock
No current provision.
No comparable provision.
Requires that USDA
Substantially similar to
Flexibility Program
establish and administer
House farm bill.
for Bioenergy
(starting in FY2008) a
[Sec. 1501(f)]
Producers
sugar-for-ethanol program
using sugar intended for
food use but deemed by
USDA 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. 9013]
Biomass Inventory
No current provision.
No comparable provision.
Instructs USDA to conduct a
No comparable provision.
Report
national inventory of
biomass resources on a
county-by-county basis.
[Sec. 9014]
Future Farmsteads
No current provision.
No comparable provision.
Establishes a program to
Identical provision to
See also House farm
Program
equip farm entities (house
House farm bill.
bill, Sec. 9010
and lands), in each of 5
[Sec. 9025]
(above).
regions of the country, with
technologies to improve

---

CRS-26
Topic
Current or Prior Law
Energy Independence and
House Farm Bill —
Senate Farm Bill —
Notes
Security Act (P.L. 110-140)
H.R. 2419 (House Version)
H.R. 2419
(Senate Version)
farm energy production and
use efficiencies. Each
designated entity would
serve as a working example
to farmers and as an
educational, research, and
demonstration facility for
research related to renewable
energy or energy
conservation technologies.
Authorizes such sums as are
necessary to carry out the
program.
[Sec. 9015]
Biodiesel Fuel
This program awards
No comparable provision.
Extends the 2002 farm bill
Identical provision to
Education Program
competitive grants to
Biodiesel Fuel Education
House farm bill.
nonprofit organizations that
Program through FY2012
[Sec. 9003]
educate governmental and
with mandatory funding of
private entities operating
$2 million for each of
vehicle fleets, and educate
FY2008-FY2012.
the public about the benefits
[Sec. 9017]
of biodiesel fuel use.
Mandatory CCC funding of
$1 million annually was
authorized for FY2003-
FY2007.
[P.L. 107-171, Sec. 9004]
Financial
No current provision.
No comparable provision.
Establishes a new Biomass
Creates the Biomass Crop
Assistance for the
Energy Reserve (BER).
Transition Program to
Production of
Provides financial and
stimulate production of
Biomass Energy
technical assistance
biomass crops. USDA
Crops
(including five-year
provides assistance with

---

CRS-27
Topic
Current or Prior Law
Energy Independence and
House Farm Bill —
Senate Farm Bill —
Notes
Security Act (P.L. 110-140)
H.R. 2419 (House Version)
H.R. 2419
(Senate Version)
contracts) to landowners and
establishment costs for the
operators to grow dedicated
production of bioenergy
energy crops as feedstock for
crops for use in a biomass
cellulosic ethanol and other
conversion facility.
energy production.
Provides $130 million in
Incentives also cover
mandatory funding for
producer harvesting, storing,
FY2008-FY2012 to
and transporting of biomass
support biomass
to bioenergy facilities. BER
production.
projects would have to be
[Sec. 9004(g)]
within a 50-mile radius of a
bioenergy facility.
Authorizes mandatory
funding of such sums as are
necessary.
[Sec. 9018]
Alternative Fuel
No current provision.
No comparable provision.
As part of new Biomass
Similar provision to
Database and
Energy Reserve program
House farm bill.
Materials
(see next page XX),
[Sec. 9004(f)]
participants are required to
submit relevant information
to the Secretary of
Agriculture for inclusion in a
public best practices
database.
[Sec. 9018(l)]
Grants for
No current provision.
No comparable provision.
Allows the Secretary of
Requires the Secretary to
Infrastructure for
Agriculture to provide
provide payments for the
Transportation of
matching payments for the
collection, harvesting,
Biomass to Local
collection, harvesting,
storage and transport of
Biorefineries
storage and transport of
biomass to biorefineries.
biomass to biorefineries.
A fixed rate per ton would

---

CRS-28
Topic
Current or Prior Law
Energy Independence and
House Farm Bill —
Senate Farm Bill —
Notes
Security Act (P.L. 110-140)
H.R. 2419 (House Version)
H.R. 2419
(Senate Version)
The Secretary may match
be determined by the
payments by biorefineries
Secretary.
dollar-for-dollar up to $45
[Sec. 9004(d)]
per ton.
[Sec. 9018(m)]
Forest Bioenergy
No current provision.
No comparable provision.
Establishes a new R&D
Similar to House farm
Research Program
program to promote the use
bill, except that
of woody biomass for
discretionary (not
bioenergy production,
mandatory) funding is
including addressing
authorized at $5 million
feedstock issues such as
for each of FY2008-
yield and new varieties. A
FY2012.
total of $75 million in
[Sec. 9013]
mandatory CCC funding is
provided for FY2008-
FY2012.
[Sec. 9019]
Community Wood
No current provision.
No comparable provision.
New competitive research
Substantially similar to
Energy R&D
and development program to
House farm bill, except
Program
encourage the use of woody
that $5 million annually is
biomass for bioenergy
authorized (not
production. Provides
mandatory) for FY2008-
mandatory CCC funding of
FY21012.
$15 million for each of
[Sec. 9014]
FY2008-FY2012.
[Sec. 9019]
Supplementing
No current provision.
No comparable provision.
New grant program for
No comparable provision.
Corn as an Ethanol
demonstration of
Feedstock
supplementing corn as an
ethanol feedstock with sweet
sorghum and switchgrass.

---

CRS-29
Topic
Current or Prior Law
Energy Independence and
House Farm Bill —
Senate Farm Bill —
Notes
Security Act (P.L. 110-140)
H.R. 2419 (House Version)
H.R. 2419
(Senate Version)
The program permits grants
of up to $1 million each to
no more than 20 universities
for three-year demonstration
programs. Authorizes
funding of $20 million.
[Sec. 9020]
Senate Farm Bill — H.R. 2419 (Senate Version)
Regional Biomass
No current provision.
No comparable provision.
No comparable provision.
Provides competitive
Crop Experiments
grants to land-grant
universities to establish
regional bioenergy crop
research experiments.
Crop experiments are to
include all appropriate
biomass plant species,
including perennials,
annuals, and woody
biomass species.
Provides mandatory
funding of $40 million for
FY2008-FY2012.
[Sec. 9010]

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CRS-30
Topic
Current or Prior Law
Energy Independence and
House Farm Bill —
Senate Farm Bill —
Notes
Security Act (P.L. 110-140)
H.R. 2419 (House Version)
H.R. 2419
(Senate Version)
Biochar Research,
No current provision.
No comparable provision.
No comparable provision.
Creates a program of
“Biochar” is defined
Development and
competitive R&D grant
as charcoal or
Demonstration
program for the
biomass-derived black
production and use of
carbon that is added to
biochar in the agricultural
soil to improve soil
sector. Authorizes $3
fertility, nutrient
million for each of
retention, and carbon
FY2008-FY2012.
content.
[Sec. 9012]
Voluntary
No current provision.
No comparable provision.
No comparable provision.
Establishes a voluntary
Renewable Biomass
certification program for
Certification
renewable biomass that is
Program
grown using sustainable
practices. No new
funding. [Sec. 9016]
Rural Nitrogen
No current provision.
No comparable provision.
No comparable provision.
Directs USDA to assess
Fertilizer Study
the feasibility of
producing nitrogen
fertilizer from renewable
energy. Authorizes $1
million for FY2008. [Sec.
9019]
Research and
No current provision.
No comparable provision.
No comparable provision.
Requires USDA to
Development on
research, with the
Renewable Energy
Colorado Renewable
Energy Collabor-atory, on
renewable energy
including biomass crops
adapted to arid regions,
and storage and
conversion technologies

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CRS-31
Topic
Current or Prior Law
Energy Independence and
House Farm Bill —
Senate Farm Bill —
Notes
Security Act (P.L. 110-140)
H.R. 2419 (House Version)
H.R. 2419
(Senate Version)
for wind and solar energy.
Authorizes $5 million for
each of FY2008-FY2012.
Additional authorization
of $110 million annually
for FY2008-FY2012 for
cellulosic biofuel
research. Additional
authorization of $110
million annually for
FY2008-FY2012 for
small-scale biorefinery
R&D. [Sec. 9022]
Northeast Dairy
No current provision.
No comparable provision.
No comparable provision.
Establishes an R&D grant
Nutrient
program to provide for a
Management and
consortium of Northeast
Energy
U.S. land-grant colleges
Development
and universities for
Program
projects on dairy nutrient
management and energy
development. Authorizes
such sums as are
necessary.
[Sec. 9023]
Expansion of
The Tax Relief and Health
No comparable provision.
No comparable provision.
Expands the special
Special Allowance
Care Act of 2006 allows
allowance to plants that
to Cellulosic
50% tax depreciation in the
produce all alcohols (not
Biomass Alcohol
first year of operation for
just ethanol) produced
Fuel Plant Property
plants that produce ethanol
from cellulosic biomass.
from cellulosic biomass.
[Sec. 12311]
[P.L. 109-432, Sec. 209]

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CRS-32
Topic
Current or Prior Law
Energy Independence and
House Farm Bill —
Senate Farm Bill —
Notes
Security Act (P.L. 110-140)
H.R. 2419 (House Version)
H.R. 2419
(Senate Version)
Tax Credit for
All fuel ethanol is allowed a
No comparable provision.
No comparable provision.
Establishes a credit for
Production of
tax credit of $0.54 per
small producers of
Cellulosic Alcohol
gallon, regardless of
cellulosic biomass alcohol
feedstock. Small producers
through April 1, 2015.
may claim an additional
The value of the credit,
credit of $0.10 per gallon.
plus the existing small
[26 U.S.C. 40]
ethanol producer credit
and alcohol fuels credits
can not exceed $1.25 per
gallon. Currently, the
credit would be worth
$0.58 per gallon, but
would increase as the
other credits decrease or
phase out.
[Sec. 12312]
Extension of Small
The Omnibus Budget
No comparable provision.
No comparable provision.
Extends the credit through
Ethanol Producer
Reconciliation Act of 1990
December 31, 2012. (The
Tax Credit
established a credit of $0.10
credit is currently
per gallon for each gallon of
available through
ethanol produced by a small
December 31, 2010.)
producer, up to 15 million
[Sec. 12313]
gallons annually. A small
producer is defined as one
with less than 60 million
gallons in annual production
capacity.
[P.L. 101-508, Sec. 11502]
Tax Credit for
No current provision.
No comparable provision.
No comparable provision.
Establishes a credit of
Producers of Fossil-
$0.10 per gallon (in
Free Alcohol
addition to any other
credit), up to 60 million

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CRS-33
Topic
Current or Prior Law
Energy Independence and
House Farm Bill —
Senate Farm Bill —
Notes
Security Act (P.L. 110-140)
H.R. 2419 (House Version)
H.R. 2419
(Senate Version)
gallons, for the production
of alcohol at a facility for
which at least 90% of the
energy used to operate the
facility is biomass-
derived.
[Sec. 12314]
Modification of
The American Jobs Creation
No comparable provision.
No comparable provision.
In the first calendar year
Alcohol Tax Credit
Act of 2004 established a
after EPA certifies that
tax credit for the use of
7.5 billion gallons of
ethanol used as motor fuel.
renewable fuel have been
The credit is valued at $0.51
blended into gasoline, the
per gallon of ethanol
credit is reduced to $0.46
blended into gasoline.
per gallon.
[P.L. 108-357, Sec. 301]
[Sec. 12315]
Calculation of
Currently, any denaturant
No comparable provision.
No comparable provision.
The volume of any
A denaturant is added
Volume of Alcohol
added to alcohol is
denaturant would be
to ethanol to make it
for Fuel Tax
considered as part of the
excluded from the
unfit for human
Credits
volume of alcohol for tax
applicable volume for tax
consumption. In most
purposes.
purposes.
cases, gasoline is used
[26 U.S.C. 40(d)(4)]
[Sec. 12316]
as the denaturant for
fuel ethanol.
Ethanol Tariff
In general, fuel ethanol
No comparable provision.
No comparable provision.
Extends the duties
Extension
imports are subject to a
through December 31,
$0.54 per gallon duty and a
2010.
2.5% ad valorem tariff. The
[Sec. 12317]
duties expire January 1,
2009.
[P.L. 99-499]

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CRS-34
Topic
Current or Prior Law
Energy Independence and
House Farm Bill —
Senate Farm Bill —
Notes
Security Act (P.L. 110-140)
H.R. 2419 (House Version)
H.R. 2419
(Senate Version)
Elimination and
Currently, if a manufacturer
No comparable provision.
No comparable provision.
To qualify for the
In the case of fuel
Reductions of Duty
imports an intermediate
drawback, the exported
ethanol, currently in
Drawback on
product then exports the
product must contain
many cases the
Certain Imported
finished product or a similar
ethanol for which duties
imported ethanol is
Ethanol
product, that manufacturer
have been previously
used as a blending
may be eligible for a refund
paid.
component in
(drawback) of up to 99% of
[Sec. 12318]
gasoline. Jet fuel
the duties paid. The duty
(containing no
drawback provisions include
ethanol, but
special provisions for the
considered a “like
production of petroleum
commodity” to the
derivatives.
finished gasoline) is
exported to qualify for
the drawback in lieu
of finished gasoline
containing the
originally imported
ethanol.
Extension and
A tax credit is available for
No comparable provision.
No comparable provision.
Extends the biodiesel tax
The modification in
Modification of
the retail sale or use of
credit through December
the Senate farm bill is
Credits for
biodiesel and renewable
31, 2010, and the small
presumably to limit
Biodiesel and
diesel. The credit is equal to
agri-biodiesel producer
the amount of credit
Renewable Diesel
$1.00 per gallon for
tax credit through
claimed for renewable
renewable diesel or
December 31, 2012.
diesel produced at
biodiesel produced from
Further, the amount of
existing petroleum
virgin agricultural products.
biodiesel coprocessed
refineries.
The credit expires on
with petroleum eligible
December 31, 2008. [P.L.
for the credit is limited to
108-357, P.L. 109-58]
60 million gallons.
[Sec. 12321]
Treatment of
Currently, qualified alcohol
No comparable provision.
No comparable provision.
Amends the tax code to
In some cases
Qualified Alcohol
and qualified biodiesel fuel
define qualified alcohol
currently, a small

---

CRS-35
Topic
Current or Prior Law
Energy Independence and
House Farm Bill —
Senate Farm Bill —
Notes
Security Act (P.L. 110-140)
H.R. 2419 (House Version)
H.R. 2419
(Senate Version)
Mixtures and
mixtures are not considered
and biodiesel fuel
amount of biodiesel is
Qualified Biodiesel
taxable fuel. Some fuel
mixtures as taxable fuel.
added to diesel fuel,
Fuel Mixtures as
mixtures therefore may be
[Sec. 12322]
presumably to avoid
Taxable Fuel
eligible for tax credits even
the taxes on diesel
though they are not subject
fuel.
to fuels taxes.
Extension and
A tax credit of $0.50 per
No comparable provision.
No comparable provision.
Extends the tax credits
Modification of
gallon is available for the
through December 31,
Alternative Fuel
retail sale of alternative
2010. Expressly allows
Credit
fuels, such as compressed
credits for compressed or
natural gas and hydrogen
liquified gas produced
(ethanol and biodiesel are
from biomass. For coal-
subject to other tax
derived fuels, requires
incentives). For most fuels
that the fuel must be
(other than hydrogen), the
produced at facilities that
tax credits expire December
capture and sequester at
31, 2009. [P.L. 109-59, Sec.
least 50% of the facility’s
11113]
total carbon dioxide
emissions. [Sec. 12331]
Extension and
An owner of a retail fuel
No comparable provision.
No comparable provision.
Extends the alternative
Modification of
station may take a tax credit
fuel refueling property
Alternative Fuel
for the installation of
credit through December
Vehicle Refueling
alternative fuel tanks and
31, 2010 for fuels other
Property Credit
pumps. The credit is equal
than hydrogen, but does
to 30% of the cost of the
not increase its value.
installation, up to $30,000.
[Sec. 12332]
For alternative fuels other
than hydrogen, the credit
expires on December 31,
2009. [P.L. 109-58, Sec.
1342]

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