II 

109TH CONGRESS 

2D SESSION S. 3543 

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 

JUNE 20, 2006 

Mrs. FEINSTEIN (for herself, Ms. SNOWE, Mr. DURBIN, Mr. CHAFEE, Mr. 

INOUYE, Ms. CANTWELL, Mr. NELSON of Florida, Mrs. BOXER, Mr. 

LAUTENBERG, Mr. MENENDEZ, Mr. LIEBERMAN, 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ten-in-Ten Fuel Econ5 omy Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 


sroberts on PROD1PC70 with BILLS
2 

•S 3543 IS 

Sec. 3. Average fuel economy standards for passenger automobiles and light 

trucks. 

Sec. 4. Passenger car program reform. 

Sec. 5. Definition of work truck. 

Sec. 6. Definition of light truck. 

Sec. 7. Ensuring safety of passenger automobiles and light trucks. 

Sec. 8. Truth in fuel economy testing. 

Sec. 9. Onboard fuel economy indicators and devices. 

Sec. 10. Secretary of Transportation to certify benefits. 

Sec. 11. Credit trading program. 

Sec. 12. Report to Congress. 

Sec. 13. Labels for fuel economy and greenhouse gas emissions. 

1 SEC. 3. AVERAGE FUEL ECONOMY STANDARDS FOR PAS2 SENGER AUTOMOBILES AND LIGHT TRUCKS. 

3 (a) INCREASED STANDARDS.—Section 32902 of title 

4 49, United States Code, is amended— 

5 (1) by striking ‘‘NON-PASSENGER AUTO6 MOBILES.—’’ in subsection (a) and inserting ‘‘PRE7 SCRIPTION OF STANDARDS BY REGULATION.—’’; 

8 and 

9 (2) by striking ‘‘(except passenger auto10 mobiles)’’in subsection (a) and inserting ‘‘(except 

11 passenger automobiles and light trucks)’’; 

12 (3) by striking subsection (b) and inserting the 

13 following: 

14 ‘‘(b) STANDARDS FOR PASSENGER AUTOMOBILES

15 AND LIGHT TRUCKS.— 

16 ‘‘(1) IN GENERAL.—The Secretary of Transpor17 tation, after consultation with the Administrator of 

18 the Environmental Protection Agency, shall pre19 scribe average fuel economy standards for passenger 

20 automobiles and light trucks manufactured by a 


sroberts on PROD1PC70 with BILLS
3 

•S 3543 IS 

1 manufacturer in each model year beginning with 

2 model year 2009 in order to achieve a combined av3 erage fuel economy standard for passenger auto4 mobiles and light trucks for model year 2017 of at 

5 least 35 miles per gallon. 

6 ‘‘(2) ELIMINATION OF SUV LOOPHOLE.—Begin7 ning no later than with model year 2011, the regula8 tions prescribed under this section may not make 

9 any distinction between passenger automobiles and 

10 light trucks. 

11 ‘‘(3) PROGRESS TOWARD STANDARD RE12 QUIRED.—In prescribing average fuel economy 

13 standards under paragraph (1), the Secretary shall 

14 prescribe appropriate annual fuel economy standard 

15 increases for passenger automobiles and light trucks 

16 that— 

17 ‘‘(A) increase the applicable average fuel 

18 economy standard ratably beginning with model 

19 year 2009 and ending with model year 2017; 

20 ‘‘(B) require that each manufacturer 

21 achieve— 

22 ‘‘(i) a fuel economy standard for pas23 senger automobiles manufactured by that 

24 manufacturer of at least 31.1 miles per 

25 gallon no later than model year 2009; and 


sroberts on PROD1PC70 with BILLS
4 

•S 3543 IS 

1 ‘‘(ii) a fuel economy standard for light 

2 trucks manufactured by that manufacturer 

3 of at least 23.6 miles per gallon no later 

4 than model year 2009. 

5 ‘‘(4) FUEL ECONOMY BASELINE FOR PAS6 SENGER AUTOMOBILES.—Notwithstanding the max7 imum feasible average fuel economy level established 

8 by regulations prescribed under subsection (c), the 

9 minimum fleetwide average fuel economy standard 

10 for passenger automobiles manufactured by a manu11 facturer in a model year for that manufacturer’s do12 mestic fleet and foreign fleet, as calculated under 

13 section 32904 of this chapter as in effect before the 

14 date of enactment of the Ten-in-Ten Fuel Economy 

15 Act, shall be the greater of— 

16 ‘‘(i) 27.5 miles per gallon; or 

17 ‘‘(ii) 92 percent of the average fuel 

18 economy projected by the Secretary for the 

19 combined domestic and foreign fleets man20 ufactured by all manufacturers in that 

21 model year. 

22 ‘‘(5) DEADLINE FOR REGULATIONS.—The Sec23 retary shall promulgate the regulations required by 

24 paragraphs (1) and (2) in final form no later than 


sroberts on PROD1PC70 with BILLS
5 

•S 3543 IS 

1 18 months after the date of enactment of the Ten2 in-Ten Fuel Economy Act.’’. 

3 SEC. 4. PASSENGER CAR PROGRAM REFORM. 

4 Section 32902 of title 49, United States Code, is 

5 amended— 

6 (1) by striking ‘‘gallon.’’ in subsection (b)(1), 

7 as amended by section 3, and inserting ‘‘gallon or 

8 such other number (or numbers) of miles per gallon 

9 as the Secretary may prescribe under subsection 

10 (c).’’; 

11 (2) by striking ‘‘the standard’’ in the first sen12 tence of subsection (c)(1) and inserting ‘‘a stand13 ard’’; 

14 (3) by striking ‘‘the standard.’’ in the second 

15 sentence of subsection (c)(1) and inserting ‘‘any 

16 standard prescribed under subsection (b).’’; 

17 (4) by inserting ‘‘The Secretary may prescribe 

18 separate standards for different classes of passenger 

19 automobiles.’’ after ‘‘presentation.’’ in subsection 

20 (c)(1); 

21 (5) by striking ‘‘(1) Subject to paragraph (2) of 

22 this subsection, the’’ in subsection (c)(1) and insert23 ing ‘‘At least 18 months before the beginning of 

24 each model year, the’’; and 

25 (6) by striking paragraph (2) of subsection (c). 


sroberts on PROD1PC70 with BILLS
6 

•S 3543 IS 

1 SEC. 5. DEFINITION OF WORK TRUCK. 

2 (a) DEFINITION OF WORK TRUCK.—Section 

3 32901(a) of title 49 is amended by inserting after para4 graph 11 the following: 

5 ‘‘(11A) ‘work truck’ means an automobile that 

6 the Secretary determines by regulation— 

7 ‘‘(A) is rated at between 8,500 and 10,000 

8 pounds gross vehicle weight; and 

9 ‘‘(B) is not a medium duty passenger vehi10 cle as defined in 40 CFR 86.1803–01.’’. 

11 (b) DEADLINE FOR REGULATIONS.—The Secretary 

12 of Transportation— 

13 (1) shall issue proposed regulations imple14 menting the amendment made by subsection (a) not 

15 later than 1 year after the date of enactment of this 

16 Act; and 

17 (2) shall issue final regulations implementing 

18 the amendment not later than 18 months after the 

19 date of enactment of this Act. 

20 (c) FUEL ECONOMY STANDARDS FOR WORK

21 TRUCKS.—The Secretary of Transportation, in consulta22 tion with the Administrator of the Environmental Protec23 tion Agency, shall prescribe standards to achieve the max24 imum feasible fuel economy for work trucks (as defined 

25 in section 32901(a)(11A) of title 49, United States Code) 


sroberts on PROD1PC70 with BILLS
7 

•S 3543 IS 

1 manufactured by a manufacturer in each model year be2 ginning in model year 2011. 

3 SEC. 6. DEFINITION OF LIGHT TRUCK. 

4 (a) DEFINITION OF LIGHT TRUCK.— 

5 (1) IN GENERAL.—Section 32901(a) of title 49, 

6 United States Code, is amended by inserting after 

7 paragraph (11) the following: 

8 ‘‘(11B) ‘light truck’ means an automobile that 

9 the Secretary determines by regulation— 

10 ‘‘(A) is manufactured primarily for trans11 porting not more than 10 individuals; 

12 ‘‘(B) is rated at not more than 10,000 

13 pounds gross vehicle weight; 

14 ‘‘(C) is not a passenger automobile; and 

15 ‘‘(D) is not a work truck.’’. 

16 (2) DEADLINE FOR REGULATIONS.—The Sec17 retary of Transportation— 

18 (A) shall issue proposed regulations imple19 menting the amendment made by paragraph (1) 

20 not later than 1 year after the date of the en21 actment of this Act; and 

22 (B) shall issue final regulations imple23 menting the amendment not later than 18 

24 months after the date of the enactment of this 

25 Act. 


sroberts on PROD1PC70 with BILLS
8 

•S 3543 IS 

1 (3) EFFECTIVE DATE.—Regulations prescribed 

2 under paragraph (1) shall apply beginning with 

3 model year 2009. 

4 (b) APPLICABILITY OF EXISTING STANDARDS.—This 

5 section does not affect the application of section 32902 

6 of title 49, United States Code, to passenger automobiles 

7 or non-passenger automobiles manufactured before model 

8 year 2009. 

9 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated to the Secretary of 

11 Transportation to carry out the provisions of chapter 329 

12 of title 49, United States Code, $25,000,000 for each of 

13 fiscal years 2007 through 2019. 

14 SEC. 7. ENSURING SAFETY OF PASSENGER AUTOMOBILES 

15 AND LIGHT TRUCKS. 

16 (a) IN GENERAL.—The Secretary of Transportation 

17 shall exercise such authority under Federal law as the Sec18 retary may have to ensure that— 

19 (1) passenger automobiles and light trucks (as 

20 those terms are defined in section 32901 of title 49, 

21 United States Code) are safe; 

22 (2) progress is made in improving the overall 

23 safety of passenger automobiles and light trucks; 

24 and 


sroberts on PROD1PC70 with BILLS
9 

•S 3543 IS 

1 (3) progress is made in maximizing United 

2 States employment. 

3 (b) VEHICLE SAFETY.—Subchapter II of chapter 301 

4 of title 49, United States Code, is amended by adding at 

5 the end the following: 

6 ‘‘§ 30129. Vehicle compatibility and aggressivity re7 duction standard 

8 ‘‘(a) STANDARDS.—The Secretary of Transportation 

9 shall issue a motor vehicle safety standard to reduce vehi10 cle incompatibility and aggressivity between passenger ve11 hicles and non-passenger vehicles. The standard shall ad12 dress characteristics necessary to ensure better manage13 ment of crash forces in multiple vehicle frontal and side 

14 impact crashes between different types, sizes, and weights 

15 of vehicles with a gross vehicle weight of 10,000 pounds 

16 or less in order to decrease occupant deaths and injuries. 

17 ‘‘(b) CONSUMER INFORMATION.—The Secretary shall 

18 develop and implement a public information side and fron19 tal compatibility crash test program with vehicle ratings 

20 based on risks to occupants, risks to other motorists, and 

21 combined risks by vehicle make and model.’’. 

22 (c) RULEMAKING DEADLINES.— 

23 (1) RULEMAKING.—The Secretary of Transpor24 tation shall issue— 


sroberts on PROD1PC70 with BILLS
10 

•S 3543 IS 

1 (A) a notice of a proposed rulemaking 

2 under section 30129 of title 49, United States 

3 Code, not later than January 1, 2008; and 

4 (B) a final rule under that section not 

5 later than December 31, 2009. 

6 (2) EFFECTIVE DATE OF REQUIREMENTS.— 

7 Any requirement imposed under the final rule issued 

8 under paragraph (1) shall become fully effective no 

9 later than September 1, 2012. 

10 (d) CONFORMING AMENDMENT.—The chapter anal11 ysis for chapter 301 is amended by inserting after the item 

12 relating to section 30128 the following: 

‘‘30129. Vehicle compatibility and aggressivity reduction standard.’’. 

13 SEC. 8. TRUTH IN FUEL ECONOMY TESTING. 

14 (a) IN GENERAL.—The Administrator of the Envi15 ronmental Protection Agency, in consultation with the 

16 Secretary of Transportation, shall, as appropriate, use ex17 isting emission test cycles and updated adjustment factors 

18 to update and revise the process used to determine fuel 

19 economy values for labeling purposes as described in sec20 tions 600.209–85 and 600.209–95 of title 40, Code of 

21 Federal Regulations, (or successor regulations) to take 

22 into consideration current factors, such as— 

23 (1) speed limits; 

24 (2) acceleration rates; 

25 (3) braking; 


sroberts on PROD1PC70 with BILLS
11 

•S 3543 IS 

1 (4) variations in weather and temperature; 

2 (5) vehicle load; 

3 (6) use of air conditioning; 

4 (7) driving patterns; and 

5 (8) the use of other fuel-consuming features. 

6 (b) LABELS FOR FUEL ECONOMY MODE DEVICES.— 

7 The Administrator of the Environmental Protection Agen8 cy shall include fuel economy label information for all fuel 

9 economy modes provided by devices described in section 

10 9(a)(3) of this Act. 

11 (c) DEADLINE.—In carrying out subsection (a), the 

12 Administrator shall— 

13 (1) issue a notice of proposed rulemaking, or 

14 amend the notice of proposed rulemaking for Docket 

15 Id. No. OAR–2003–0214, not later than 90 days 

16 after the date of enactment of this Act; and 

17 (2) promulgate a final rule not later than 180 

18 days after the date on which the notice under para19 graph (1) is issued. 

20 (d) USE OF COMMON MEASUREMENTS FOR LABEL21 LING AND COMPLIANCE TESTING.—Section 32904(c) of 

22 title 49, United States Code, is amended to read as fol23 lows: 

24 ‘‘(c) TESTING AND CALCULATION PROCEDURES.— 

25 The Administrator shall measure fuel economy for each 


sroberts on PROD1PC70 with BILLS
12 

•S 3543 IS 

1 model and calculate average fuel economy for a manufac2 turer using the same procedures and factors used by the 

3 Administrator for labeling purposes under section 32908 

4 by model year 2015.’’. 

5 (e) REEVALUATION AND REPORT.—Not later than 3 

6 years after the date of promulgation of the final rule under 

7 subsection (b)(2), and triennially thereafter, the Adminis8 trator shall— 

9 (1) reevaluate the fuel economy labeling proce10 dures described in subsections (a) and (c) to deter11 mine whether changes in the factors used to estab12 lish the labeling procedures warrant a revision of 

13 that process; and 

14 (2) submit a report to the Senate Committee on 

15 Commerce, Science, and Transportation and the 

16 House of Representatives Committee on Energy and 

17 Commerce that describes the results of the reevalua18 tion process. 

19 SEC. 9. ONBOARD FUEL ECONOMY INDICATORS AND DE20 VICES. 

21 (a) IN GENERAL.—Chapter 329 of title 49, United 

22 States Code, as amended by section 8, is further amended 

23 by adding at the end the following: 


sroberts on PROD1PC70 with BILLS
13 

•S 3543 IS 

1 ‘‘§ 32921. Fuel economy indicators and devices 

2 ‘‘(a) IN GENERAL.—The Secretary of Transpor3 tation, in consultation with the Administrator of the Envi4 ronmental Protection Agency, shall prescribe a fuel econ5 omy standard for passenger automobiles and light trucks 

6 manufactured by a manufacturer in each model year be7 ginning with model year 2013 that requires each such 

8 automobile and light truck to be equipped with— 

9 ‘‘(1) an onboard electronic instrument that pro10 vides real-time and cumulative fuel economy data; 

11 ‘‘(2) an onboard electronic instrument that sig12 nals a driver when inadequate tire pressure may be 

13 affecting fuel economy; and 

14 ‘‘(3) a device that will allow drivers to place the 

15 automobile or light truck in a mode that will auto16 matically produce greater fuel economy. 

17 ‘‘(b) EXCEPTION.—Subsection (a) does not apply to 

18 any vehicle that is not subject to an average fuel economy 

19 standard under section 32902(b). 

20 ‘‘(c) ENFORCEMENT.—Subchapter IV of chapter 301 

21 of this title shall apply to a fuel economy standard pre22 scribed under subsection (a) to the same extent and in 

23 the same manner as if that standard were a motor vehicle 

24 safety standard under chapter 301.’’. 

25 (b) CONFORMING AMENDMENT.—The chapter anal26 ysis for chapter 329 of title 49, United States Code, as 


sroberts on PROD1PC70 with BILLS
14 

•S 3543 IS 

1 amended by section 8, is further amended by inserting 

2 after the item relating to section 32920 the following: 

‘‘32921. Fuel economy indicators and devices.’’. 

3 SEC. 10. SECRETARY OF TRANSPORTATION TO CERTIFY 

4 BENEFITS. 

5 Beginning with model year 2009, the Secretary of 

6 Transportation, in consultation with the Administrator of 

7 the Environmental Protection Agency, shall determine and 

8 certify annually to the Congress— 

9 (1) the annual reduction in United States con10 sumption of gasoline or petroleum distillates used 

11 for vehicle fuel, and 

12 (2) the annual reduction in greenhouse gas 

13 emissions, 

14 properly attributable to the implementation of the average 

15 fuel economy standards imposed under section 32902 of 

16 title 49, United States Code, as a result of the amend17 ments made by this Act. 

18 SEC. 11. CREDIT TRADING PROGRAM. 

19 Section 32903 of title 49, United States Code, is 

20 amended— 

21 (1) by striking ‘‘passenger’’ each place it ap22 pears; 

23 (2) by striking ‘‘section 32902(b)–(d) of this 

24 title’’ each place it appears and inserting ‘‘sub25 section (a), (c), or (d) of section 32902’’; 


sroberts on PROD1PC70 with BILLS
15 

•S 3543 IS 

1 (3) by striking ‘‘clause (1) of this subsection’’ 

2 in subsection (a)(2) and inserting ‘‘paragraph (1)’’; 

3 and 

4 (4) by striking subsection (e) and inserting the 

5 following: 

6 ‘‘(e) CREDIT TRADING AMONG MANUFACTURERS.— 

7 The Secretary of Transportation may establish, by regula8 tion, a corporate average fuel economy credit trading pro9 gram to allow manufacturers whose automobiles exceed 

10 the average fuel economy standards prescribed under sec11 tion 32902 to earn credits to be sold to manufacturers 

12 whose automobiles fail to achieve the prescribed stand13 ards.’’. 

14 SEC. 12. REPORT TO CONGRESS. 

15 Not later than December 31, 2012, the Secretary of 

16 Transportation shall submit to Congress a report on the 

17 progress made by the automobile manufacturing industry 

18 towards meeting the 35 miles per gallon average fuel econ19 omy standard required under section 32902(b)(4) of title 

20 49, United States Code. 

21 SEC. 13. LABELS FOR FUEL ECONOMY AND GREENHOUSE 

22 GAS EMISSIONS. 

23 Section 32908 of title 49, United States Code, is 

24 amended— 


sroberts on PROD1PC70 with BILLS
16 

•S 3543 IS 

1 (1) by striking ‘‘title.’’ in subsection (a)(1) and 

2 inserting ‘‘title, and a light truck (as defined in sec3 tion 32901(a)(11A)) manufactured by a manufac4 turer in a model year after model year 2009; and’’; 

5 (2) by redesignating subparagraph (F) of sub6 section (b)(1) as subparagraph (H), and inserting 

7 after subparagraph (E) the following: 

8 ‘‘(F) a label (or a logo imprinted on a label 

9 required by this paragraph) that— 

10 ‘‘(i) reflects an automobile’s perform11 ance on the basis of criteria developed by 

12 the Administrator to reflect the fuel econ13 omy and greenhouse gas and other emis14 sions consequences of operating the auto15 mobile over its likely useful life; 

16 ‘‘(ii) permits consumers to compare 

17 performance results under clause (i) 

18 among all passenger automobiles and light 

19 duty trucks (as defined in section 32901); 

20 and 

21 ‘‘(ii) is designed to encourage the 

22 manufacture and sale of passenger auto23 mobiles and light trucks that meet or ex24 ceed applicable fuel economy standards 

25 under section 32902. 


sroberts on PROD1PC70 with BILLS
17 

•S 3543 IS 

1 ‘‘(G) a fuelstar under paragraph (5).’’; and 

2 (3) by adding at the end of subsection (b) the 

3 following: 

4 ‘‘(4) GREEN LABEL PROGRAM.— 

5 ‘‘(A) MARKETING ANALYSIS.—Within 2 

6 years after the date of enactment of the Ten7 in-Ten Fuel Economy Act, the Administrator 

8 shall complete a study of social marketing strat9 egies with the goal of maximizing consumer un10 derstanding of point-of-sale labels or logos de11 scribed in paragraph (1)(F). 

12 ‘‘(B) ELIGIBILITY.—Within 3 years after 

13 that date, the Administrator shall issue require14 ments for the label or logo required by para15 graph (1)(F) to ensure that a passenger auto16 mobile or light truck is not eligible for the label 

17 or logo unless it— 

18 ‘‘(i) meets or exceeds the applicable 

19 fuel economy standard; or 

20 ‘‘(ii) will have the lowest greenhouse 

21 gas emissions over the useful life of the ve22 hicle of all vehicles in the vehicle class to 

23 which it belongs in that model year. 

24 ‘‘(C) CRITERIA.—In developing criteria for 

25 the label or logo, the Administrator shall also 


sroberts on PROD1PC70 with BILLS
18 

•S 3543 IS 

1 consider, among others as appropriate, the fol2 lowing factors: 

3 ‘‘(i) The recyclability of the auto4 mobile. 

5 ‘‘(ii) Any other pollutants or harmful 

6 byproducts related to the automobile, 

7 which may include those generated during 

8 manufacture of the automobile, those 

9 issued during use of the automobile, or 

10 those generated after the automobile 

11 ceases to be operated. 

12 ‘‘(5) FUELSTAR PROGRAM.— 

13 ‘‘(A) IN GENERAL.—The Secretary shall 

14 establish a program, to be known as the 

15 ‘fuelstar’ program, under which stars shall be 

16 imprinted on or attached to the label required 

17 by paragraph (1). 

18 ‘‘(B) GREEN STARS.—Under the program 

19 a manufacturer may place green stars on the 

20 label maintained on an automobile under para21 graph (1) as follows: 

22 ‘‘(i) 1 green star for any automobile 

23 that meets the average fuel economy stand24 ard for the model year under section 

25 32902. 


sroberts on PROD1PC70 with BILLS
19 

•S 3543 IS 

1 ‘‘(ii) 1 additional green star for each 

2 2 miles per gallon by which the automobile 

3 exceeds that standard. 

4 ‘‘(C) GOLD STARS.—Under the program a 

5 manufacturer may place a gold star on the label 

6 maintained on an automobile under paragraph 

7 (1) if— 

8 ‘‘(i) in the case of a passenger auto9 mobile, it obtains a fuel economy of 50 

10 miles per gallon or more; and 

11 ‘‘(ii) in the case of a light truck, it ob12 tains a fuel economy of 37 miles per gallon 

13 or more.’’. 

Æ 


sroberts on PROD1PC70 with BILLS