I 
110TH CONGRESS 
1ST SESSION 
H. R. 559 
To promote renewable fuel and energy security of the United States, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 18, 2007 
Mr. DELAHUNT (for himself, Ms. HERSETH, and Mr. INSLEE) introduced the 
following bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committees on Oversight and Government 
Reform and the Judiciary, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To promote renewable fuel and energy security of the United 
States, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Biofuels Security Act of 2007’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—RENEWABLE FUELS 
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Sec. 101. Renewable fuel program. 
Sec. 102. Installation of E–85 fuel pumps by major oil companies at owned sta-
tions and branded stations. 
Sec. 103. Minimum Federal fleet requirement. 
Sec. 104. Application of Gasohol Competition Act of 1980. 
TITLE II—DUAL FUELED AUTOMOBILES 
Sec. 201. Requirement to manufacture dual fueled automobiles. 
Sec. 202. Manufacturing incentives for dual fueled automobiles. 
TITLE I—RENEWABLE FUELS 
SEC. 101. RENEWABLE FUEL PROGRAM. 
Section 211(o)(2) of the Clean Air Act (42 U.S.C. 
7545(o)(2)) is amended by striking subparagraph (B) and 
inserting the following: 
‘‘(B) APPLICABLE VOLUME.— 
‘‘(i) IN GENERAL.—For the purpose 
of subparagraph (A), the applicable volume 
for calendar year 2010 and each calendar 
year thereafter shall be determined, by 
rule, by the Administrator, in consultation 
with the Secretary of Agriculture and the 
Secretary of Energy, in a manner that en-
sures that— 
‘‘(I) the requirements described 
in clause (ii) for specified calendar 
years are met; and 
‘‘(II) the applicable volume for 
each calendar year not specified in 
clause (ii) is determined on an annual 
basis. 
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‘‘(ii) REQUIREMENTS.—The require-
ments referred to in clause (i) are— 
‘‘(I) for calendar year 2010, at 
least 10,000,000,000 gallons of re-
newable fuel; 
‘‘(II) for calendar year 2020, at 
least 30,000,000,000 gallons of re-
newable fuel; and 
‘‘(III) for calendar year 2030, at 
least 60,000,000,000 gallons of re-
newable fuel.’’. 
SEC. 102. INSTALLATION OF E–85 FUEL PUMPS BY MAJOR 
OIL COMPANIES AT OWNED STATIONS AND 
BRANDED STATIONS. 
Section 211(o) of the Clean Air Act (42 U.S.C. 
7545(o)) is amended by adding at the end the following: 
‘‘(11) INSTALLATION OF E–85 FUEL PUMPS BY 
MAJOR OIL COMPANIES AT OWNED STATIONS AND 
BRANDED STATIONS.— 
‘‘(A) DEFINITIONS.—In this paragraph: 
‘‘(i) E–85 FUEL.—The term ‘E–85 
fuel’ means a blend of gasoline approxi-
mately 85 percent of the content of which 
is derived from ethanol produced in the 
United States. 
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‘‘(ii) 
MAJOR
OIL
COMPANY.—The 
term ‘major oil company’ means any per-
son that, individually or together with any 
other person with respect to which the per-
son has an affiliate relationship or signifi-
cant ownership interest, has not less than 
4,500 retail station outlets according to 
the latest publication of the Petroleum 
News Annual Factbook. 
‘‘(iii) SECRETARY.—The term ‘Sec-
retary’ means the Secretary of Energy, 
acting in consultation with the Adminis-
trator of the Environmental Protection 
Agency and the Secretary of Agriculture. 
‘‘(B) REGULATIONS.—The Secretary shall 
promulgate regulations to ensure that each 
major oil company that sells or introduces gaso-
line into commerce in the United States 
through wholly-owned stations or branded sta-
tions installs or otherwise makes available 1 or 
more pumps that dispense E–85 fuel (including 
any other equipment necessary, such as includ-
ing tanks, to ensure that the pumps function 
properly) at not less than the applicable per-
centage of the wholly-owned stations and the 
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branded stations of the major oil company spec-
ified in subparagraph (C). 
‘‘(C) APPLICABLE PERCENTAGE.—For the 
purpose of subparagraph (B), the applicable 
percentage of the wholly-owned stations and the 
branded stations shall be determined in accord-
ance with the following table: 
Applicable percentage of 
wholly-owned stations and 
branded stations 
‘‘Calendar year: 
(percent): 
2008 .........................................................................................
2009 .........................................................................................
2010 .........................................................................................
2011 .........................................................................................
2012 .........................................................................................
2013 .........................................................................................
2014 .........................................................................................
2015 .........................................................................................
2016 .........................................................................................
2017 and each calendar year thereafter ..................................
50. 
‘‘(D) GEOGRAPHIC DISTRIBUTION.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), in promulgating regulations under 
subparagraph (B), the Secretary shall en-
sure that each major oil company described 
in subparagraph (B) installs or otherwise 
makes available 1 or more pumps that dis-
pense E–85 fuel at not less than a min-
imum percentage (specified in the regula-
tions) of the wholly-owned stations and the 
branded stations of the major oil company 
in each State. 
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‘‘(ii) REQUIREMENT.—In specifying 
the minimum percentage under clause (i), 
the Secretary shall ensure that each major 
oil company installs or otherwise makes 
available 1 or more pumps described in 
that clause in each State in which the 
major oil company operates. 
‘‘(E) 
FINANCIAL
RESPONSIBILITY.—In 
promulgating regulations under subparagraph 
(B), the Secretary shall ensure that each major 
oil company described in that subparagraph as-
sumes full financial responsibility for the costs 
of installing or otherwise making available the 
pumps described in that subparagraph and any 
other equipment necessary (including tanks) to 
ensure that the pumps function properly. 
‘‘(F) PRODUCTION CREDITS FOR EXCEED-
ING E–85 FUEL PUMPS INSTALLATION REQUIRE-
MENT.— 
‘‘(i) EARNING AND PERIOD FOR AP-
PLYING CREDITS.—If the percentage of the 
wholly-owned stations and the branded sta-
tions of a major oil company at which the 
major oil company installs E–85 fuel 
pumps in a particular calendar year ex-
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ceeds the percentage required under sub-
paragraph (C), the major oil company 
earns credits under this paragraph, which 
may be applied to any of the 3 consecutive 
calendar years immediately after the cal-
endar year for which the credits are 
earned. 
‘‘(ii) TRADING CREDITS.—Subject to 
clause (iii), a major oil company that has 
earned credits under clause (i) may sell 
credits to another major oil company to en-
able the purchaser to meet the requirement 
under subparagraph (C). 
‘‘(iii) EXCEPTION.—A major oil com-
pany may not use credits purchased under 
clause (ii) to fulfill the geographic distribu-
tion requirement in subparagraph (D).’’. 
SEC. 103. MINIMUM FEDERAL FLEET REQUIREMENT. 
Section 303(b)(1) of the Energy Policy Act of 1992 
(42 U.S.C. 13212(b)(1)) is amended— 
(1) in subparagraph (C), by striking ‘‘and’’ 
after the semicolon; 
(2) in subparagraph (D), by striking ‘‘fiscal 
year 1999 and thereafter,’’ and inserting ‘‘each of 
fiscal years 1999 through 2007; and’’; and 
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(3) by inserting after subparagraph (D) the fol-
lowing: 
‘‘(E) 100 percent in fiscal year 2008 and 
thereafter,’’. 
SEC. 104. APPLICATION OF GASOHOL COMPETITION ACT OF 
1980. 
Section 26 of the Clayton Act (15 U.S.C. 26a) is 
amended— 
(1) by redesignating subsection (c) as sub-
section (d); 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) For purposes of subsection (a), restricting the 
right of a franchisee to install on the premises of that 
franchisee a renewable fuel pump, such as one that dis-
penses E–85, shall be considered an unlawful restriction.’’; 
and 
(3) in subsection (d) (as redesignated by para-
graph (1))— 
(A) by striking ‘‘section,’’ and inserting the 
following: ‘‘section— 
‘‘(1) the term’’; 
(B) by striking the period at the end and 
inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
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‘‘(2) the term ‘gasohol’ includes any blend of 
ethanol and gasoline such as E–85.’’. 
TITLE II—DUAL FUELED 
AUTOMOBILES 
SEC. 201. REQUIREMENT TO MANUFACTURE DUAL FUELED 
AUTOMOBILES. 
(a) REQUIREMENT.— 
(1) IN
GENERAL.—Chapter 329 of title 49, 
United States Code, is amended by inserting after 
section 32902 the following: 
‘‘§ 32902A. Requirement to manufacture dual fueled 
automobiles 
‘‘(a) REQUIREMENT.—Each manufacturer of new 
automobiles that are capable of operating on gasoline or 
diesel fuel shall ensure that the percentage of such auto-
mobiles, manufactured in any model year after model year 
2007 and distributed in commerce for sale in the United 
States, which are dual fueled automobiles is equal to not 
less than the applicable percentage set forth in the fol-
lowing table: 
The percentage of dual 
fueled automobiles 
‘‘For each of the following model 
years: 
manufactured shall be not 
less than: 
2008 .........................................................................................
2009 .........................................................................................
2010 .........................................................................................
2011 .........................................................................................
2012 .........................................................................................
2013 .........................................................................................
2014 .........................................................................................
2015 .........................................................................................
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The percentage of dual 
fueled automobiles 
‘‘For each of the following model 
years: 
manufactured shall be not 
less than: 
2016 .........................................................................................
2017 and beyond ......................................................................
100. 
‘‘(b) PRODUCTION CREDITS FOR EXCEEDING FLEXI-
BLE FUEL AUTOMOBILE PRODUCTION REQUIREMENT.— 
‘‘(1) EARNING
AND
PERIOD
FOR
APPLYING 
CREDITS.—If the number of dual fueled automobiles 
manufactured by a manufacturer in a particular 
model year exceeds the number required under sub-
section (a), the manufacturer earns credits under 
this section, which may be applied to any of the 3 
consecutive model years immediately after the model 
year for which the credits are earned. 
‘‘(2) TRADING CREDITS.—A manufacturer that 
has earned credits under paragraph (1) may sell 
credits to another manufacturer to enable the pur-
chaser to meet the requirement under subsection 
(a).’’. 
(2) TECHNICAL
AMENDMENT.—The table of 
sections for chapter 329 of title 49, United States 
Code, is amended by inserting after the item relating 
to section 32902 the following: 
‘‘32902A. Requirement to manufacture dual fueled automobiles.’’. 
(b) ACTIVITIES TO PROMOTE THE USE OF CERTAIN 
ALTERNATIVE FUELS.—The Secretary of Transportation 
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shall carry out activities to promote the use of fuel mix-
tures containing gasoline or diesel fuel and 1 or more al-
ternative fuels, including a mixture containing at least 85 
percent of methanol, denatured ethanol, and other alcohols 
by volume with gasoline or other fuels, to power auto-
mobiles in the United States. 
SEC. 
202. 
MANUFACTURING 
INCENTIVES 
FOR 
DUAL 
FUELED AUTOMOBILES. 
Section 32905(b) of title 49, United States Code, is 
amended— 
(1) by redesignating paragraphs (1) and (2) as 
subparagraphs (A) and (B), respectively; 
(2) by inserting ‘‘(1)’’ before ‘‘Except’’; 
(3) by striking ‘‘model years 1993–2010’’ and 
inserting ‘‘model year 1993 through the first model 
year beginning not less than 18 months after the 
date of enactment of the Biofuels Security Act of 
2007’’; and 
(4) by adding at the end the following: 
‘‘(2) Except as provided in paragraph (5), subsection 
(d), or section 32904(a)(2), the Administrator shall meas-
ure the fuel economy for each model of dual fueled auto-
mobiles manufactured by a manufacturer in the first 
model year beginning not less than 30 months after the 
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not less than 54 months after the date of enactment of 
the Biofuels Security Act of 2007 in accordance with sec-
tion 32904(c). 
‘‘(5) Notwithstanding paragraphs (2) through (4), 
the fuel economy for all dual fueled automobiles manufac-
tured to comply with the requirements under section 
32902A(a), including automobiles for which dual fueled 
automobile credits have been used or traded under section 
32902A(b), shall be measured in accordance with section 
32904(c).’’. 
Æ 
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