[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 357 Introduced in Senate (IS)]

  1st Session
                                 S. 357

    To improve passenger automobile fuel economy and safety, reduce 
  greenhouse gas emissions, reduce dependence on foreign oil, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 22, 2007

  Mrs. Feinstein (for herself, Ms. Snowe, Mr. Inouye, Mr. Durbin, Mr. 
Kerry, Mrs. Boxer, Mr. Nelson of Florida, Ms. Cantwell, Mr. Lautenberg, 
Mr. Lieberman, Mr. Menendez, and Ms. Collins) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
    To improve passenger automobile fuel economy and safety, reduce 
  greenhouse gas emissions, reduce dependence on foreign oil, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives 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 ``Ten-in-Ten Fuel 
Economy Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Average fuel economy standards for passenger automobiles and 
                            light trucks.
Sec. 3. Passenger car program reform.
Sec. 4. Definition of work truck.
Sec. 5. Definition of light truck.
Sec. 6. Ensuring safety of passenger automobiles and light trucks.
Sec. 7. Onboard fuel economy indicators and devices.
Sec. 8. Secretary of Transportation to certify benefits.
Sec. 9. Credit trading program.
Sec. 10. Report to Congress.
Sec. 11. Labels for fuel economy and greenhouse gas emissions.

SEC. 2. AVERAGE FUEL ECONOMY STANDARDS FOR PASSENGER AUTOMOBILES AND 
              LIGHT TRUCKS.

    (a) Increased Standards.--Section 32902 of title 49, United States 
Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``Non-Passenger Automobiles.--'' 
                and inserting ``Prescription of Standards by 
                Regulation.--''; and
                    (B) by striking ``(except passenger automobiles)'' 
                and inserting ``(except passenger automobiles and light 
                trucks)''; and
            (2) by amending subsection (b) to read as follows:
    ``(b) Standards for Passenger Automobiles and Light Trucks.--
            ``(1) In general.--The Secretary of Transportation, after 
        consultation with the Administrator of the Environmental 
        Protection Agency, shall prescribe average fuel economy 
        standards for passenger automobiles and light trucks 
        manufactured by a manufacturer in each model year beginning 
        with model year 2010 in order to achieve a combined average 
        fuel economy standard for passenger automobiles and light 
        trucks for model year 2019 of at least 35 miles per gallon (or 
        such other number of miles per gallon as the Secretary may 
        prescribe under subsection (c)).
            ``(2) Elimination of suv loophole.--Beginning not later 
        than model year 2013, the regulations prescribed under this 
        section may not make any distinction between passenger 
        automobiles and light trucks.
            ``(3) Progress toward standard required.--In prescribing 
        average fuel economy standards under paragraph (1), the 
        Secretary shall prescribe appropriate annual fuel economy 
        standard increases for passenger automobiles and light trucks 
        that--
                    ``(A) increase the applicable average fuel economy 
                standard ratably beginning with model year 2010 and 
                ending with model year 2019;
                    ``(B) require that each manufacturer achieve--
                            ``(i) a fuel economy standard for passenger 
                        automobiles manufactured by that manufacturer 
                        of at least 29.5 miles per gallon not later 
                        than model year 2010; and
                            ``(ii) a fuel economy standard for light 
                        trucks manufactured by that manufacturer of at 
                        least 23.5 miles per gallon not later than 
                        model year 2010.
            ``(4) Fuel economy baseline for passenger automobiles.--
        Notwithstanding the maximum feasible average fuel economy level 
        established by regulations prescribed under subsection (c), the 
        minimum fleetwide average fuel economy standard for passenger 
        automobiles manufactured by a manufacturer in a model year for 
        that manufacturer's domestic fleet and foreign fleet, as 
        calculated under section 32904 as in effect before the date of 
        the enactment of the Ten-in-Ten Fuel Economy Act, shall be the 
        greater of--
                    ``(A) 27.5 miles per gallon; or
                    ``(B) 92 percent of the average fuel economy 
                projected by the Secretary for the combined domestic 
                and foreign fleets manufactured by all manufacturers in 
                that model year.
            ``(5) Deadline for regulations.--The Secretary shall 
        promulgate the regulations required by paragraphs (1) and (2) 
        in final form not later than 18 months after the date of the 
        enactment of the Ten-in-Ten Fuel Economy Act.''.

SEC. 3. PASSENGER CAR PROGRAM REFORM.

    Section 32902(c) of title 49, United States Code, is amended to 
read as follows:
    ``(c) Amending Passenger Automobile Standards.--Not later than 18 
months before the beginning of each model year, the Secretary of 
Transportation may prescribe regulations amending a standard prescribed 
under subsection (b) for a model year to a level that the Secretary 
determines to be the maximum feasible average fuel economy level for 
that model year. Section 553 of title 5 applies to a proceeding to 
amend any standard prescribed under subsection (b). Any interested 
person may make an oral presentation and a transcript shall be taken of 
that presentation. The Secretary may prescribe separate standards for 
different classes of passenger automobiles.''.

SEC. 4. DEFINITION OF WORK TRUCK.

    (a) Definition of Work Truck.--Section 32901(a) of title 49 is 
amended by adding at the end the following:
            ``(17) `work truck' means an automobile that the Secretary 
        determines by regulation--
                    ``(A) is rated at between 8,500 and 10,000 pounds 
                gross vehicle weight; and
                    ``(B) is not a medium-duty passenger vehicle (as 
                defined in section 86.1803-01 of title 40, Code of 
                Federal Regulations).''.
    (b) Deadline for Regulations.--The Secretary of Transportation--
            (1) shall issue proposed regulations implementing the 
        amendment made by subsection (a) not later than 1 year after 
        the date of the enactment of this Act; and
            (2) shall issue final regulations implementing the 
        amendment not later than 18 months after the date of the 
        enactment of this Act.
    (c) Fuel Economy Standards for Work Trucks.--The Secretary of 
Transportation, in consultation with the Administrator of the 
Environmental Protection Agency, shall prescribe standards to achieve 
the maximum feasible fuel economy for work trucks (as defined in 
section 32901(a)(17) of title 49, United States Code) manufactured by a 
manufacturer in each model year beginning with model year 2013.

SEC. 5. DEFINITION OF LIGHT TRUCK.

    (a) Definition of Light Truck.--
            (1) In general.--Section 32901(a) of title 49, United 
        States Code, is amended by inserting after paragraph (11) the 
        following:
            ``(11) `light truck' means an automobile that the Secretary 
        determines by regulation--
                    ``(A) is manufactured primarily for transporting 
                not more than 10 individuals;
                    ``(B) is rated at not more than 10,000 pounds gross 
                vehicle weight;
                    ``(C) is not a passenger automobile; and
                    ``(D) is not a work truck.''.
            (2) Deadline for regulations.--The Secretary of 
        Transportation--
                    (A) shall issue proposed regulations implementing 
                the amendment made by paragraph (1) not later than 1 
                year after the date of the enactment of this Act; and
                    (B) shall issue final regulations implementing the 
                amendment not later than 18 months after the date of 
                the enactment of this Act.
            (3) Effective date.--Regulations prescribed under paragraph 
        (1) shall apply beginning with model year 2010.
    (b) Applicability of Existing Standards.--This section does not 
affect the application of section 32902 of title 49, United States 
Code, to passenger automobiles or non-passenger automobiles 
manufactured before model year 2010.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation $25,000,000 for each of 
fiscal years 2009 through 2021 to carry out the provisions of chapter 
329 of title 49, United States Code.

SEC. 6. ENSURING SAFETY OF PASSENGER AUTOMOBILES AND LIGHT TRUCKS.

    (a) In General.--The Secretary of Transportation shall exercise 
such authority under Federal law as the Secretary may have to ensure 
that--
            (1) passenger automobiles and light trucks (as such terms 
        are defined in section 32901 of title 49, United States Code) 
        are safe;
            (2) progress is made in improving the overall safety of 
        passenger automobiles and light trucks; and
            (3) progress is made in maximizing United States 
        employment.
    (b) Vehicle Safety.--Subchapter II of chapter 301 of title 49, 
United States Code, is amended by adding at the end the following:
``Sec. 30129. Vehicle compatibility and aggressivity reduction standard
    ``(a) Standards.--The Secretary of Transportation shall issue a 
motor vehicle safety standard to reduce vehicle incompatibility and 
aggressivity between passenger vehicles and non-passenger vehicles. The 
standard shall address characteristics necessary to ensure better 
management of crash forces in multiple vehicle frontal and side impact 
crashes between different types, sizes, and weights of vehicles with a 
gross vehicle weight of 10,000 pounds or less in order to decrease 
occupant deaths and injuries.
    ``(b) Consumer Information.--The Secretary shall develop and 
implement a public information side and frontal compatibility crash 
test program with vehicle ratings based on risks to occupants, risks to 
other motorists, and combined risks by vehicle make and model.''.
    (c) Rulemaking Deadlines.--
            (1) Rulemaking.--The Secretary of Transportation shall 
        issue--
                    (A) a notice of a proposed rulemaking under section 
                30129 of title 49, United States Code, not later than 
                January 1, 2010; and
                    (B) a final rule under such section not later than 
                December 31, 2011.
            (2) Effective date of requirements.--Any requirement 
        imposed under the final rule issued under paragraph (1) shall 
        become fully effective not later than September 1, 2013.
    (d) Conforming Amendment.--The chapter analysis for chapter 301 is 
amended by inserting after the item relating to section 30128 the 
following:

``30129. Vehicle compatibility and aggressivity reduction standard.''.

SEC. 7. ONBOARD FUEL ECONOMY INDICATORS AND DEVICES.

    (a) In General.--Chapter 329 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 32920. Fuel economy indicators and devices
    ``(a) In General.--The Secretary of Transportation, in consultation 
with the Administrator of the Environmental Protection Agency, shall 
prescribe a fuel economy standard for passenger automobiles and light 
trucks manufactured by a manufacturer in each model year beginning with 
model year 2014 that requires each such automobile and light truck to 
be equipped with--
            ``(1) an onboard electronic instrument that provides real-
        time and cumulative fuel economy data;
            ``(2) an onboard electronic instrument that signals a 
        driver when inadequate tire pressure may be affecting fuel 
        economy; and
            ``(3) a device that will allow drivers to place the 
        automobile or light truck in a mode that will automatically 
        produce greater fuel economy.
    ``(b) Exception.--Subsection (a) shall not apply to any vehicle 
that is not subject to an average fuel economy standard under section 
32902(b).
    ``(c) Enforcement.--Subchapter IV of chapter 301 of this title 
shall apply to a fuel economy standard prescribed under subsection (a) 
to the same extent and in the same manner as if that standard were a 
motor vehicle safety standard under chapter 301.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 329 of 
title 49, United States Code, is amended by inserting after the item 
relating to section 32919 the following:

``32920. Fuel economy indicators and devices.''.

SEC. 8. SECRETARY OF TRANSPORTATION TO CERTIFY BENEFITS.

    Beginning with model year 2010, the Secretary of Transportation, in 
consultation with the Administrator of the Environmental Protection 
Agency, shall annually determine and certify to Congress the reduction 
in United States consumption of gasoline and petroleum distillates used 
for vehicle fuel and the reduction in greenhouse gas emissions during 
the most recent year that are properly attributable to the 
implementation of the average fuel economy standards imposed under 
section 32902 of title 49, United States Code, as a result of the 
amendments made by this Act.

SEC. 9. CREDIT TRADING PROGRAM.

    Section 32903 of title 49, United States Code, is amended--
            (1) by striking ``passenger'' each place it appears;
            (2) by striking ``section 32902(b)-(d) of this title'' each 
        place it appears and inserting ``subsection (a), (c), or (d) of 
        section 32902'';
            (3) in subsection (a)(2), by striking ``clause (1) of this 
        subsection'' and inserting ``paragraph (1)''; and
            (4) by amending subsection (e) to read as follows:
    ``(e) Credit Trading Among Manufacturers.--The Secretary of 
Transportation may establish, by regulation, a corporate average fuel 
economy credit trading program to allow manufacturers whose automobiles 
exceed the average fuel economy standards prescribed under section 
32902 to earn credits to be sold to manufacturers whose automobiles 
fail to achieve the prescribed standards.''.

SEC. 10. REPORT TO CONGRESS.

    Not later than December 31, 2014, the Secretary of Transportation 
shall submit to Congress a report on the progress made by the 
automobile manufacturing industry towards meeting the 35 miles per 
gallon average fuel economy standard required under section 32902(b)(1) 
of title 49, United States Code.

SEC. 11. LABELS FOR FUEL ECONOMY AND GREENHOUSE GAS EMISSIONS.

    Section 32908 of title 49, United States Code, is amended--
            (1) in subsection (a)(1), by striking ``of this title'' and 
        inserting ``and a light truck manufactured by a manufacturer in 
        a model year after model year 2010; and'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by redesignating subparagraph (F) as 
                        subparagraph (H); and
                            (ii) by inserting after subparagraph (E) 
                        the following:
            ``(F) a label (or a logo imprinted on a label required by 
        this paragraph) that--
                    ``(i) reflects an automobile's performance on the 
                basis of criteria developed by the Administrator to 
                reflect the fuel economy and greenhouse gas and other 
                emissions consequences of operating the automobile over 
                its likely useful life;
                    ``(ii) permits consumers to compare performance 
                results under clause (i) among all passenger 
                automobiles and light duty trucks; and
                    ``(iii) is designed to encourage the manufacture 
                and sale of passenger automobiles and light trucks that 
                meet or exceed applicable fuel economy standards under 
                section 32902.
            ``(G) a fuelstar under paragraph (5).''; and
                    (B) by adding at the end the following:
    ``(4) Green Label Program.--
            ``(A) Marketing analysis.--Not later than 2 years after the 
        date of the enactment of the Ten-in-Ten Fuel Economy Act, the 
        Administrator shall complete a study of social marketing 
        strategies with the goal of maximizing consumer understanding 
        of point-of-sale labels or logos described in paragraph (1)(F).
            ``(B) Eligibility.--Not later than 3 years after the date 
        described in subparagraph (A), the Administrator shall issue 
        requirements for the label or logo required under paragraph 
        (1)(F) to ensure that a passenger automobile or light truck is 
        not eligible for the label or logo unless it--
                    ``(i) meets or exceeds the applicable fuel economy 
                standard; or
                    ``(ii) will have the lowest greenhouse gas 
                emissions over the useful life of the vehicle of all 
                vehicles in the vehicle class to which it belongs in 
                that model year.
            ``(C) Criteria.--In developing criteria for the label or 
        logo, the Administrator shall also consider, among others as 
        appropriate, the following factors:
                    ``(i) The recyclability of the automobile.
                    ``(ii) Any other pollutants or harmful byproducts 
                related to the automobile, which may include those 
                generated during manufacture of the automobile, those 
                issued during use of the automobile, or those generated 
                after the automobile ceases to be operated.
    ``(5) Fuelstar Program.--
            ``(A) In general.--The Secretary shall establish a program, 
        to be known as the `Fuelstar Program', under which stars shall 
        be imprinted on or attached to the label required by paragraph 
        (1).
            ``(B) Green stars.--Under the Fuelstar Program, a 
        manufacturer may include on the label maintained on an 
        automobile under paragraph (1)--
                    ``(i) 1 green star for any automobile that meets 
                the average fuel economy standard for the model year 
                under section 32902; and
                    ``(ii) 1 additional green star for each 2 miles per 
                gallon by which the automobile exceeds such standard.
            ``(C) Gold stars.--Under the Fuelstar Program, a 
        manufacturer may include a gold star on the label maintained on 
        an automobile under paragraph (1) if--
                    ``(i) in the case of a passenger automobile, the 
                automobile attains a fuel economy of at least 50 miles 
                per gallon; and
                    ``(ii) in the case of a light truck, the truck 
                attains a fuel economy of at least 37 miles per 
                gallon.''.
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