II 

Calendar No. 630 

110TH CONGRESS 

2D SESSION S. 357 

[Report No. 110–278] 

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, Ms. COLLINS, Mr. REED, 

Mr. LEAHY, Mr. SANDERS, Mr. DODD, Mr. AKAKA, and Mr. CARDIN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

APRIL 7, 2008 

Reported by Mr. INOUYE, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Ten-in-Ten Fuel Economy Act’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 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. 

6 SEC. 2. AVERAGE FUEL ECONOMY STANDARDS FOR PAS7 SENGER AUTOMOBILES AND LIGHT TRUCKS. 

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

9 49, United States Code, is amended— 

10 (1) in subsection (a)— 

11 (A) by striking ‘‘NON-PASSENGER AUTO12 MOBILES.—’’ and inserting ‘‘PRESCRIPTION OF

13 STANDARDS BY REGULATION.—’’; and 

14 (B) by striking ‘‘(except passenger auto15 mobiles)’’ and inserting ‘‘(except passenger 

16 automobiles and light trucks)’’; and 

17 (2) by amending subsection (b) to read as fol18 lows: 

19 ‘‘(b) STANDARDS FOR PASSENGER AUTOMOBILES

20 AND LIGHT TRUCKS.— 


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1 ‘‘(1) IN GENERAL.—The Secretary of Transpor2 tation, after consultation with the Administrator of 

3 the Environmental Protection Agency, shall pre4 scribe average fuel economy standards for passenger 

5 automobiles and light trucks manufactured by a 

6 manufacturer in each model year beginning with 

7 model year 2010 in order to achieve a combined av8 erage fuel economy standard for passenger auto9 mobiles and light trucks for model year 2019 of at 

10 least 35 miles per gallon (or such other number of 

11 miles per gallon as the Secretary may prescribe 

12 under subsection (c)). 

13 ‘‘(2) ELIMINATION OF SUV LOOPHOLE.—Begin14 ning not later than model year 2013, the regulations 

15 prescribed under this section may not make any dis16 tinction between passenger automobiles and light 

17 trucks. 

18 ‘‘(3) PROGRESS TOWARD STANDARD RE19 QUIRED.—In prescribing average fuel economy 

20 standards under paragraph (1), the Secretary shall 

21 prescribe appropriate annual fuel economy standard 

22 increases for passenger automobiles and light trucks 

23 that— 


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1 ‘‘(A) increase the applicable average fuel 

2 economy standard ratably beginning with model 

3 year 2010 and ending with model year 2019; 

4 ‘‘(B) require that each manufacturer 

5 achieve— 

6 ‘‘(i) a fuel economy standard for pas7 senger automobiles manufactured by that 

8 manufacturer of at least 29.5 miles per 

9 gallon not later than model year 2010; and 

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

11 trucks manufactured by that manufacturer 

12 of at least 23.5 miles per gallon not later 

13 than model year 2010. 

14 ‘‘(4) FUEL ECONOMY BASELINE FOR PAS15 SENGER AUTOMOBILES.—Notwithstanding the max16 imum feasible average fuel economy level established 

17 by regulations prescribed under subsection (c), the 

18 minimum fleetwide average fuel economy standard 

19 for passenger automobiles manufactured by a manu20 facturer in a model year for that manufacturer’s do21 mestic fleet and foreign fleet, as calculated under 

22 section 32904 as in effect before the date of the en23 actment of the Ten-in-Ten Fuel Economy Act, shall 

24 be the greater of— 

25 ‘‘(A) 27.5 miles per gallon; or 


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1 ‘‘(B) 92 percent of the average fuel econ2 omy projected by the Secretary for the com3 bined domestic and foreign fleets manufactured 

4 by all manufacturers in that model year. 

5 ‘‘(5) DEADLINE FOR REGULATIONS.—The Sec6 retary shall promulgate the regulations required by 

7 paragraphs (1) and (2) in final form not later than 

8 18 months after the date of the enactment of the 

9 Ten-in-Ten Fuel Economy Act.’’. 

10 SEC. 3. PASSENGER CAR PROGRAM REFORM. 

11 Section 32902(c) of title 49, United States Code, is 

12 amended to read as follows: 

13 ‘‘(c) AMENDING PASSENGER AUTOMOBILE STAND14 ARDS.—Not later than 18 months before the beginning of 

15 each model year, the Secretary of Transportation may pre16 scribe regulations amending a standard prescribed under 

17 subsection (b) for a model year to a level that the Sec18 retary determines to be the maximum feasible average fuel 

19 economy level for that model year. Section 553 of title 5 

20 applies to a proceeding to amend any standard prescribed 

21 under subsection (b). Any interested person may make an 

22 oral presentation and a transcript shall be taken of that 

23 presentation. The Secretary may prescribe separate stand24 ards for different classes of passenger automobiles.’’. 


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1 SEC. 4. DEFINITION OF WORK TRUCK. 

2 (a) DEFINITION OF WORK TRUCK.—Section 

3 32901(a) of title 49 is amended by adding at the end the 

4 following: 

5 ‘‘(17) ‘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 section 86.1803–01 of title 

11 40, Code of Federal Regulations).’’. 

12 (b) DEADLINE FOR REGULATIONS.—The Secretary 

13 of Transportation— 

14 (1) shall issue proposed regulations imple15 menting the amendment made by subsection (a) not 

16 later than 1 year after the date of the enactment of 

17 this Act; and 

18 (2) shall issue final regulations implementing 

19 the amendment not later than 18 months after the 

20 date of the enactment of this Act. 

21 (c) FUEL ECONOMY STANDARDS FOR WORK

22 TRUCKS.—The Secretary of Transportation, in consulta23 tion with the Administrator of the Environmental Protec24 tion Agency, shall prescribe standards to achieve the max25 imum feasible fuel economy for work trucks (as defined 

26 in section 32901(a)(17) of title 49, United States Code) 


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1 manufactured by a manufacturer in each model year be2 ginning with model year 2013. 

3 SEC. 5. 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 ‘‘(11) ‘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. 


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1 (3) EFFECTIVE DATE.—Regulations prescribed 

2 under paragraph (1) shall apply beginning with 

3 model year 2010. 

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 2010. 

9 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated to the Secretary of 

11 Transportation $25,000,000 for each of fiscal years 2009 

12 through 2021 to carry out the provisions of chapter 329 

13 of title 49, United States Code. 

14 SEC. 6. 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 such 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 


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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— 


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1 (A) a notice of a proposed rulemaking 

2 under section 30129 of title 49, United States 

3 Code, not later than January 1, 2010; and 

4 (B) a final rule under such section not 

5 later than December 31, 2011. 

6 (2) EFFECTIVE DATE OF REQUIREMENTS.— 

7 Any requirement imposed under the final rule issued 

8 under paragraph (1) shall become fully effective not 

9 later than September 1, 2013. 

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. 7. ONBOARD FUEL ECONOMY INDICATORS AND DE14 VICES. 

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

16 States Code, is amended by adding at the end the fol17 lowing: 

18 ‘‘§ 32920. Fuel economy indicators and devices 

19 ‘‘(a) IN GENERAL.—The Secretary of Transpor20 tation, in consultation with the Administrator of the Envi21 ronmental Protection Agency, shall prescribe a fuel econ22 omy standard for passenger automobiles and light trucks 

23 manufactured by a manufacturer in each model year be24 ginning with model year 2014 that requires each such 

25 automobile and light truck to be equipped with— 


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1 ‘‘(1) an onboard electronic instrument that pro2 vides real-time and cumulative fuel economy data; 

3 ‘‘(2) an onboard electronic instrument that sig4 nals a driver when inadequate tire pressure may be 

5 affecting fuel economy; and 

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

7 automobile or light truck in a mode that will auto8 matically produce greater fuel economy. 

9 ‘‘(b) EXCEPTION.—Subsection (a) shall not apply to 

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

11 standard under section 32902(b). 

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

13 of this title shall apply to a fuel economy standard pre14 scribed under subsection (a) to the same extent and in 

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

16 safety standard under chapter 301.’’. 

17 (b) CONFORMING AMENDMENT.—The chapter anal18 ysis for chapter 329 of title 49, United States Code, is 

19 amended by inserting after the item relating to section 

20 32919 the following: 

‘‘32920. Fuel economy indicators and devices.’’. 

21 SEC. 8. SECRETARY OF TRANSPORTATION TO CERTIFY 

22 BENEFITS. 

23 Beginning with model year 2010, the Secretary of 

24 Transportation, in consultation with the Administrator of 

25 the Environmental Protection Agency, shall annually deVerDate Aug 31 2005 01:47 Apr 08, 2008 Jkt 069200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S357.RS S357

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1 termine and certify to Congress the reduction in United 

2 States consumption of gasoline and petroleum distillates 

3 used for vehicle fuel and the reduction in greenhouse gas 

4 emissions during the most recent year that are properly 

5 attributable to the implementation of the average fuel 

6 economy standards imposed under section 32902 of title 

7 49, United States Code, as a result of the amendments 

8 made by this Act. 

9 SEC. 9. CREDIT TRADING PROGRAM. 

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

11 amended— 

12 (1) by striking ‘‘passenger’’ each place it ap13 pears; 

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

15 title’’ each place it appears and inserting ‘‘sub16 section (a), (c), or (d) of section 32902’’; 

17 (3) in subsection (a)(2), by striking ‘‘clause (1) 

18 of this subsection’’ and inserting ‘‘paragraph (1)’’; 

19 and 

20 (4) by amending subsection (e) to read as fol21 lows: 

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

23 The Secretary of Transportation may establish, by regula24 tion, a corporate average fuel economy credit trading pro25 gram to allow manufacturers whose automobiles exceed 


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1 the average fuel economy standards prescribed under sec2 tion 32902 to earn credits to be sold to manufacturers 

3 whose automobiles fail to achieve the prescribed stand4 ards.’’. 

5 SEC. 10. REPORT TO CONGRESS. 

6 Not later than December 31, 2014, the Secretary of 

7 Transportation shall submit to Congress a report on the 

8 progress made by the automobile manufacturing industry 

9 towards meeting the 35 miles per gallon average fuel econ10 omy standard required under section 32902(b)(1) of title 

11 49, United States Code. 

12 SEC. 11. LABELS FOR FUEL ECONOMY AND GREENHOUSE 

13 GAS EMISSIONS. 

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

15 amended— 

16 (1) in subsection (a)(1), by striking ‘‘of this 

17 title’’ and inserting ‘‘and a light truck manufactured 

18 by a manufacturer in a model year after model year 

19 2010; and’’; 

20 (2) in subsection (b)— 

21 (A) in paragraph (1)— 

22 (i) by redesignating subparagraph (F) 

23 as subparagraph (H); and 

24 (ii) by inserting after subparagraph 

25 (E) the following: 


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1 ‘‘(F) a label (or a logo imprinted on a label re2 quired by this paragraph) that— 

3 ‘‘(i) reflects an automobile’s performance 

4 on the basis of criteria developed by the Admin5 istrator to reflect the fuel economy and green6 house gas and other emissions consequences of 

7 operating the automobile over its likely useful 

8 life; 

9 ‘‘(ii) permits consumers to compare per10 formance results under clause (i) among all 

11 passenger automobiles and light duty trucks; 

12 and 

13 ‘‘(iii) is designed to encourage the manu14 facture and sale of passenger automobiles and 

15 light trucks that meet or exceed applicable fuel 

16 economy standards under section 32902. 

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

18 (B) by adding at the end the following: 

19 ‘‘(4) GREEN LABEL PROGRAM.— 

20 ‘‘(A) MARKETING ANALYSIS.—Not later than 2 

21 years after the date of the enactment of the Ten-in22 Ten Fuel Economy Act, the Administrator shall 

23 complete a study of social marketing strategies with 

24 the goal of maximizing consumer understanding of 


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1 point-of-sale labels or logos described in paragraph 

2 (1)(F). 

3 ‘‘(B) ELIGIBILITY.—Not later than 3 years 

4 after the date described in subparagraph (A), the 

5 Administrator shall issue requirements for the label 

6 or logo required under paragraph (1)(F) to ensure 

7 that a passenger automobile or light truck is not eli8 gible for the label or logo unless it— 

9 ‘‘(i) meets or exceeds the applicable fuel 

10 economy standard; or 

11 ‘‘(ii) will have the lowest greenhouse gas 

12 emissions over the useful life of the vehicle of 

13 all vehicles in the vehicle class to which it be14 longs in that model year. 

15 ‘‘(C) CRITERIA.—In developing criteria for the 

16 label or logo, the Administrator shall also consider, 

17 among others as appropriate, the following factors: 

18 ‘‘(i) The recyclability of the automobile. 

19 ‘‘(ii) Any other pollutants or harmful by20 products related to the automobile, which may 

21 include those generated during manufacture of 

22 the automobile, those issued during use of the 

23 automobile, or those generated after the auto24 mobile ceases to be operated. 

25 ‘‘(5) FUELSTAR PROGRAM.— 


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1 ‘‘(A) IN GENERAL.—The Secretary shall estab2 lish a program, to be known as the ‘Fuelstar Pro3 gram’, under which stars shall be imprinted on or 

4 attached to the label required by paragraph (1). 

5 ‘‘(B) GREEN STARS.—Under the Fuelstar Pro6 gram, a manufacturer may include on the label 

7 maintained on an automobile under paragraph (1)— 

8 ‘‘(i) 1 green star for any automobile that 

9 meets the average fuel economy standard for 

10 the model year under section 32902; and 

11 ‘‘(ii) 1 additional green star for each 2 

12 miles per gallon by which the automobile ex13 ceeds such standard. 

14 ‘‘(C) GOLD STARS.—Under the Fuelstar Pro15 gram, a manufacturer may include a gold star on 

16 the label maintained on an automobile under para17 graph (1) if— 

18 ‘‘(i) in the case of a passenger automobile, 

19 the automobile attains a fuel economy of at 

20 least 50 miles per gallon; and 

21 ‘‘(ii) in the case of a light truck, the truck 

22 attains a fuel economy of at least 37 miles per 

23 gallon.’’. 


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1 TITLE I—CORPORATE AVERAGE 

2 FUEL ECONOMY STANDARDS 

3 SEC. 101. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This title may be cited as the 

5 ‘‘Ten-in-Ten Fuel Economy Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this title is as follows: 

TITLE I—CORPORATE AVERAGE FUEL ECONOMY STANDARDS 

Sec. 101. Short title; table of contents. 

Sec. 102. Average fuel economy standards for automobiles, medium-duty trucks, 

and heavy duty trucks. 

Sec. 103. Amending fuel economy standards. 

Sec. 104. Definitions. 

Sec. 105. Ensuring safety of automobiles. 

Sec. 106. Credit trading program. 

Sec. 107. Labels for fuel economy and greenhouse gas emissions. 

Sec. 108. Continued applicability of existing standards. 

Sec. 109. National Academy of Sciences studies. 

Sec. 110. Standards for executive agency automobiles. 

Sec. 111. Ensuring availability of flexible fuel vehicles. 

Sec. 112. Increasing consumer awareness of flexible fuel vehicles. 

Sec. 113. Periodic review of accuracy of fuel economy labeling procedures. 

Sec. 114. Tire fuel efficiency consumer information. 

Sec. 115. Advanced battery initiative. 

Sec. 116. Biodiesel standards. 

Sec. 117. Use of civil penalties for research and development. 

Sec. 118. Energy security fund and alternative fuel grant program. 

Sec. 119. Authorization of appropriations. 

8 SEC. 102. AVERAGE FUEL ECONOMY STANDARDS FOR AUTO9 MOBILES, MEDIUM-DUTY TRUCKS, AND HEAVY 

10 DUTY TRUCKS. 

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

12 49, United States Code, is amended— 

13 (1) by striking ‘‘NON-PASSENGER AUTO14 MOBILES.—’’ in subsection (a) and inserting ‘‘PRE15 SCRIPTION OF STANDARDS BY REGULATION.—’’; 


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1 (2) by striking ‘‘automobiles (except passenger 

2 automobiles)’’ in subsection (a) and inserting ‘‘auto3 mobiles, medium-duty trucks, and heavy-duty trucks’’; 

4 and 

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

6 following: 

7 ‘‘(b) STANDARDS FOR AUTOMOBILES, MEDIUM-DUTY

8 TRUCKS, AND HEAVY-DUTY TRUCKS.— 

9 ‘‘(1) IN GENERAL.—The Secretary of Transpor10 tation, after consultation with the Administrator of 

11 the Environmental Protection Agency, shall prescribe 

12 average fuel economy standards for automobiles, me13 dium-duty trucks, and heavy-duty trucks manufac14 tured by a manufacturer in each model year begin15 ning with model year 2011 in accordance with sub16 section (c). 

17 ‘‘(2) ANNUAL INCREASES IN FUEL ECONOMY

18 STANDARDS.— 

19 ‘‘(A) BASELINE AVERAGE FUEL ECONOMY

20 STANDARDS FOR MEDIUM- AND HEAVY-DUTY

21 TRUCKS.—For the first 2 model years beginning 

22 after the submission to Congress of the initial re23 port by the National Academy of Sciences re24 quired by section 10 of the Ten-in-Ten Act, the 

25 average fuel economy required to be attained for 


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1 each attribute class of medium-duty trucks and 

2 heavy-duty trucks shall be the average combined 

3 highway and city miles-per-gallon performance 

4 of all vehicles within that class in the model year 

5 immediately preceding the first of those 2 model 

years (rounded to the nearest 1 6 ⁄10 mile per gal7 lon). 

8 ‘‘(B) MEDIUM- AND HEAVY-DUTY TRUCK

9 FUEL ECONOMY AVERAGE AFTER BASELINE

10 MODEL YEAR.—For each model year beginning 

11 after the 2 model years specified in subpara12 graph (A), the average fuel economy required to 

13 be attained by the fleet of medium-duty trucks 

14 and heavy-duty trucks manufactured in the 

15 United States shall be at least 4 percent greater 

16 than the average fuel economy required to be at17 tained for the fleet in the previous model year 

(rounded to the nearest 1 18 ⁄10 mile per gallon). 

19 Standards shall be issued for medium-duty 

20 trucks and heavy-duty trucks for 20 model years. 

21 ‘‘(3) FUEL ECONOMY TARGET FOR AUTO22 MOBILES.— 

23 ‘‘(A) AUTOMOBILE FUEL ECONOMY AVERAGE

24 FOR MODEL YEARS 2011 THROUGH 2020.—The 

25 Secretary shall prescribe average fuel economy 


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1 standards for automobiles in each model year be2 ginning with model year 2011 to achieve a com3 bined fuel economy standard for model year 

4 2020 of at least 35 miles per gallon for the fleet 

5 of automobiles manufactured or sold in the 

6 United States. The average fuel economy stand7 ards prescribed by the Secretary shall be the 

8 maximum feasible average fuel economy stand9 ards for model years 2011 through 2019. 

10 ‘‘(B) AUTOMOBILE FUEL ECONOMY AVERAGE

11 FOR MODEL YEARS 2021 THROUGH 2030.—For 

12 model years 2021 through 2030, the average fuel 

13 economy required to be attained by the fleet of 

14 automobiles manufactured or sold in the United 

15 States shall be at least 4 percent greater than the 

16 average fuel economy standard required to be at17 tained for the fleet in the previous model year 

(rounded to the nearest 1 18 ⁄10 mile per gallon).’’. 

19 (b) AUTHORITY OF SECRETARY.—Section 32902 of 

20 title 49, United States Code, is amended by adding at the 

21 end thereof the following: 

22 ‘‘(k) AUTHORITY OF THE SECRETARY.— 

23 ‘‘(1) VEHICLE ATTRIBUTES.—The authority of 

24 the Secretary to prescribe by regulation average fuel 

25 economy standards for automobiles, medium-duty 


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1 trucks, and heavy-duty trucks under this section in2 cludes the authority— 

3 ‘‘(A) to prescribe standards based on vehicle 

4 attributes and to express the standards in the 

5 form of a mathematical function; and 

6 ‘‘(B) to issue regulations under this title 

7 prescribing average fuel economy standards for 1 

8 or more model years. 

9 ‘‘(2) PROHIBITION OF UNIFORM PERCENTAGE IN10 CREASE.—When the Secretary prescribes a standard, 

11 or prescribes an amendment under this section that 

12 changes a standard, the standard may not be ex13 pressed as a uniform percentage increase from the 

14 fuel-economy performance of attribute classes or cat15 egories already achieved in a model year by a manu16 facturer.’’. 

17 SEC. 103. AMENDING FUEL ECONOMY STANDARDS. 

18 (a) IN GENERAL.—Section 32902(c) of title 49, United 

19 States Code, is amended to read as follows: 

20 ‘‘(c) AMENDING FUEL ECONOMY STANDARDS.— 

21 ‘‘(1) IN GENERAL.—Notwithstanding subsections 

22 (a) and (b), the Secretary of Transportation— 

23 ‘‘(A) may prescribe a standard higher than 

24 that required under subsection (b); or 


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1 ‘‘(B) may prescribe an average fuel econ2 omy standard for a class of automobiles, me3 dium-duty trucks, or heavy-duty trucks that is 

4 the maximum feasible level for the model year, 

5 despite being lower than the standard required 

6 under subsection (b), if the Secretary determines, 

7 based on clear and convincing evidence, that the 

8 average fuel economy standard prescribed in ac9 cordance with subsections (a) and (b) for that 

10 class of vehicles in that model year is shown not 

11 to be cost-effective. 

12 ‘‘(2) REQUIREMENTS FOR LOWER STANDARD.— 

13 Before adopting an average fuel economy standard for 

14 a class of automobiles, medium-duty trucks, or heavy15 duty trucks in a model year under paragraph (1)(B), 

16 the Secretary of Transportation shall do the following: 

17 ‘‘(A) NOTICE OF PROPOSED RULE.—Except 

18 for standards to be promulgated by 2011, at least 

19 30 months before the model year for which the 

20 standard is to apply, the Secretary shall post a 

21 notice of proposed rulemaking for the proposed 

22 standard. The notice shall include a detailed 

23 analysis of the basis for the Secretary’s deter24 mination under paragraph (1)(B). 


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1 ‘‘(B) FINAL RULE.—At least 18 months be2 fore the model year for which the standard is to 

3 apply, the Secretary shall promulgate a final 

4 rule establishing the standard. 

5 ‘‘(C) REPORT.—The Secretary shall submit 

6 a report to Congress that outlines the steps that 

7 need to be taken to avoid further reductions in 

8 average fuel economy standards. 

9 ‘‘(3) MAXIMUM FEASIBLE STANDARD.—An aver10 age fuel economy standard prescribed for a class of 

11 automobiles, medium-duty trucks, or heavy-duty 

12 trucks in a model year under paragraph (1) shall be 

13 the maximum feasible standard.’’. 

14 (b) FEASIBILITY CRITERIA.—Section 32902(f) of title 

15 49, United States Code, is amended to read as follows: 

16 ‘‘(f) DECISIONS ON MAXIMUM FEASIBLE AVERAGE

17 FUEL ECONOMY.— 

18 ‘‘(1) IN GENERAL.—When deciding maximum 

19 feasible average fuel economy under this section, the 

20 Secretary shall consider— 

21 ‘‘(A) economic practicability; 

22 ‘‘(B) the effect of other motor vehicle stand23 ards of the Government on fuel economy; 

24 ‘‘(C) environmental impacts; and 


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1 ‘‘(D) the need of the United States to con2 serve energy. 

3 ‘‘(2) LIMITATIONS.—In setting any standard 

4 under subsection (b), (c), or (d), the Secretary shall 

5 ensure that each standard is the highest standard 

6 that— 

7 ‘‘(A) is technologically achievable; 

8 ‘‘(B) can be achieved without materially re9 ducing the overall safety of automobiles, me10 dium-duty trucks, and heavy-duty trucks manu11 factured or sold in the United States; 

12 ‘‘(C) is not less than the standard for that 

13 class of vehicles from any prior year; and 

14 ‘‘(D) is cost-effective. 

15 ‘‘(3) DETERMINING COST-EFFECTIVENESS.— 

16 ‘‘(A) IN GENERAL.—In determining cost ef17 fectiveness under paragraph (2)(D), the Sec18 retary shall take into account the total value to 

19 the United States of reduced fuel use, including 

20 the monetary value of the reduced fuel use over 

21 the life of the vehicle. 

22 ‘‘(B) ADDITIONAL FACTORS FOR CONSIDER23 ATION BY SECRETARY.—The Secretary shall con24 sider in the analysis the following factors: 

25 ‘‘(i) Economic security. 


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1 ‘‘(ii) The impact of the oil or energy 

2 intensity of the United States economy on 

3 the sensitivity of the economy to oil and 

4 other fuel price changes, including the mag5 nitude of gross domestic product losses in 

6 response to short term price shocks or long 

7 term price increases. 

8 ‘‘(iii) National security, including the 

9 impact of United States payments for oil 

10 and other fuel imports on political, eco11 nomic, and military developments in unsta12 ble or unfriendly oil-exporting countries. 

13 ‘‘(iv) The uninternalized costs of pipe14 line and storage oil seepage, and for risk of 

15 oil spills from production, handling, and 

16 transport, and related landscape damage. 

17 ‘‘(v) The emissions of pollutants in18 cluding greenhouse gases over the lifecycle of 

19 the fuel and the resulting costs to human 

20 health, the economy, and the environment. 

21 ‘‘(vi) Such additional factors as the 

22 Secretary deems relevant. 

23 ‘‘(4) MINIMUM VALUATION.—When considering 

24 the value to consumers of a gallon of gasoline saved, 

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1 imum value the value of the gasoline prices projected 

2 by the Energy Information Administration for the pe3 riod covered by the standard beginning in the year 

4 following the year in which the standards are estab5 lished. 

6 ‘‘(5) COST-EFFECTIVE DEFINED.—In this sub7 section, the term ‘cost-effective’ means that the total 

8 value to the United States of reduced fuel use from a 

9 proposed fuel economy standard is greater than or 

10 equal to the total cost to the United States of such 

11 standard. Notwithstanding this definition, the Sec12 retary shall not base the level of any standard on any 

13 technology whose cost to the United States is substan14 tially more than the value to the United States of the 

15 reduction in fuel use attributable to that technology.’’. 

16 (c) CONSULTATION REQUIREMENT.—Section 32902(i) 

17 of title 49, United States Code, is amended by inserting 

18 ‘‘and the Administrator of the Environmental Protection 

19 Agency’’ after ‘‘Energy’’. 

20 (d) COMMENTS.—Section 32902(j) of title 49, United 

21 States Code, is amended— 

22 (1) by striking paragraph (1) and inserting ‘‘(1) 

23 Before issuing a notice proposing to prescribe or 

24 amend an average fuel economy standard under sub25 section (b), (c), or (g) of this section, the Secretary of 


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1 Transportation shall give the Secretary of Energy 

2 and Administrator of the Environmental Protection 

3 Agency at least 10 days after the receipt of the notice 

4 during which the Secretary of Energy and Adminis5 trator may, if the Secretary of Energy or Adminis6 trator concludes that the proposed standard would ad7 versely affect the conservation goals of the Secretary 

8 of Energy or environmental protection goals of the 

9 Administrator, provide written comments to the Sec10 retary of Transportation about the impact of the 

11 standard on those goals. To the extent the Secretary 

12 of Transportation does not revise a proposed standard 

13 to take into account comments of the Secretary of En14 ergy or Administrator on any adverse impact of the 

15 standard, the Secretary of Transportation shall in16 clude those comments in the notice.’’; and 

17 (2) by inserting ‘‘and the Administrator’’ after 

18 ‘‘Energy’’ each place it appears in paragraph (2). 

19 (e) TECHNICAL AND CONFORMING AMENDMENTS.— 

20 (1) Section 32902(d) of title 49, United States 

21 Code, is amended by striking ‘‘passenger’’ each place 

22 it appears. 

23 (2) Section 32902(g) of title 49, United States 

24 Code, is amended— 


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1 (A) by striking ‘‘subsection (a) or (d)’’ each 

2 place it appears in paragraph (1) and inserting 

3 ‘‘subsection (b), (c), or (d)’’; and 

4 (B) striking ‘‘(and submit the amendment 

5 to Congress when required under subsection 

6 (c)(2) of this section)’’ in paragraph (2). 

7 SEC. 104. DEFINITIONS. 

8 (a) IN GENERAL.—Section 32901(a) of title 49, United 

9 States Code, is amended— 

10 (1) by striking paragraph (3) and inserting the 

11 following: 

12 ‘‘(3) except as provided in section 32908 of this 

13 title, ‘automobile’ means a 4-wheeled vehicle that is 

14 propelled by fuel, or by alternative fuel, manufactured 

15 primarily for use on public streets, roads, and high16 ways (except a vehicle operated only on a rail line), 

17 and rated at not more than 10,000 pounds gross vehi18 cle weight.’’; 

19 (2) by inserting after paragraph (10) the fol20 lowing: 

21 ‘‘(10A) ‘heavy-duty truck’ means a truck (as de22 fined in section 30127) with a gross vehicle weight in 

23 excess of 26,000 pounds.’’; 

24 (3) by inserting after paragraph (13) the fol25 lowing: 


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1 ‘‘(13A) ‘medium-duty truck’ means a truck (as 

2 defined in section 30127) with a gross vehicle weight 

3 of at least 10,000 pounds but not more than 26,000 

4 pounds.’’; and 

5 (4) by striking paragraph (16). 

6 (b) DEADLINE FOR REGULATIONS.—The Secretary of 

7 Transportation— 

8 (1) shall issue proposed regulations imple9 menting the amendments made by subsection (a) not 

10 later than 1 year after the date of the enactment of 

11 this Act; and 

12 (2) shall issue final regulations implementing 

13 the amendments not later than 18 months after the 

14 date of the enactment of this Act. 

15 (c) EFFECTIVE DATE.—Regulations prescribed under 

16 subsection (b) shall apply beginning with model year 2010. 

17 SEC. 105. ENSURING SAFETY OF AUTOMOBILES. 

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

19 shall exercise such authority under Federal law as the Sec20 retary may have to ensure that automobiles (as defined in 

21 section 32901 of title 49, United States Code) are safe. 

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

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

24 the end the following: 


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1 ‘‘§ 30129. Vehicle compatibility and aggressivity re2 duction standard 

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

4 shall issue a motor vehicle safety standard to reduce auto5 mobile incompatibility and aggressivity. The standard shall 

6 address characteristics necessary to ensure better manage7 ment of crash forces in multiple vehicle frontal and side 

8 impact crashes between different types, sizes, and weights 

9 of automobiles with a gross vehicle weight of 10,000 pounds 

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

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

12 develop and implement a public information side and fron13 tal compatibility crash test program with vehicle ratings 

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

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

16 (c) RULEMAKING DEADLINES.— 

17 (1) RULEMAKING.—The Secretary of Transpor18 tation shall issue— 

19 (A) a notice of a proposed rulemaking 

20 under section 30129 of title 49, United States 

21 Code, not later than January 1, 2010; and 

22 (B) a final rule under such section not later 

23 than December 31, 2012. 

24 (2) EFFECTIVE DATE OF REQUIREMENTS.—Any 

25 requirement imposed under the final rule issued 


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1 under paragraph (1) shall become fully effective not 

2 later than September 1, 2013. 

3 (d) CONFORMING AMENDMENT.—The chapter analysis 

4 for chapter 301 is amended by inserting after the item relat5 ing to section 30128 the following: 

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

6 SEC. 106. CREDIT TRADING PROGRAM. 

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

8 amended— 

9 (1) by striking ‘‘passenger’’ each place it ap10 pears; 

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

12 title’’ each place it appears and inserting ‘‘subsection 

13 (a), (c), or (d) of section 32902’’; 

14 (3) by striking ‘‘3 consecutive model years’’ in 

15 subsections (a)(1) and (a)(2) and inserting ‘‘5 con16 secutive model years’’; 

17 (4) in subsection (a)(2), by striking ‘‘clause (1) 

18 of this subsection,’’ and inserting ‘‘paragraph (1)’’; 

19 and 

20 (5) by striking ‘‘3 model years’’ in subsection 

21 (b)(2) and inserting ‘‘5 model years’’; and 

22 (6) by striking subsection (e) and inserting the 

23 following: 

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

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1 tion, a corporate average fuel economy credit trading pro2 gram to allow manufacturers whose automobiles exceed the 

3 average fuel economy standards prescribed under section 

4 32902 to earn credits to be sold to manufacturers whose 

5 automobiles fail to achieve the prescribed standards.’’. 

6 SEC. 107. LABELS FOR FUEL ECONOMY AND GREENHOUSE 

7 GAS EMISSIONS. 

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

9 amended— 

10 (1) by redesignating subparagraph (F) of sub11 section (b)(1) as subparagraph (H) and inserting 

12 after subparagraph (E) the following: 

13 ‘‘(F) a label (or a logo imprinted on a label re14 quired by this paragraph) that— 

15 ‘‘(i) reflects an automobile’s performance on 

16 the basis of criteria developed by the Adminis17 trator to reflect the fuel economy and greenhouse 

18 gas and other emissions consequences of oper19 ating the automobile over its likely useful life; 

20 ‘‘(ii) permits consumers to compare per21 formance results under clause (i) among all 

22 automobiles; and 

23 ‘‘(iii) is designed to encourage the manufac24 ture and sale of automobiles that meet or exceed 


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1 applicable fuel economy standards under section 

2 32902. 

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

4 (2) by adding at the end of subsection (b) the fol5 lowing: 

6 ‘‘(4) GREEN LABEL PROGRAM.— 

7 ‘‘(A) MARKETING ANALYSIS.—Not later than 2 

8 years after the date of the enactment of the Ten-in9 Ten Fuel Economy Act, the Administrator shall im10 plement a consumer education program and execute 

11 marketing strategies to improve consumer under12 standing of automobile performance described in 

13 paragraph (1)(F). 

14 ‘‘(B) ELIGIBILITY.—Not later than 3 years after 

15 the date described in subparagraph (A), the Adminis16 trator shall issue requirements for the label or logo re17 quired under paragraph (1)(F) to ensure that an 

18 automobile is not eligible for the label or logo unless 

19 it— 

20 ‘‘(i) meets or exceeds the applicable fuel 

21 economy standard; or 

22 ‘‘(ii) will have the lowest greenhouse gas 

23 emissions over the useful life of the vehicle of all 

24 vehicles in the vehicle attribute class to which it 

25 belongs in that model year. 


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1 ‘‘(5) FUELSTAR PROGRAM.— 

2 ‘‘(A) IN GENERAL.—The Secretary shall establish 

3 a program, to be known as the ‘Fuelstar Program’, 

4 under which stars shall be imprinted on or attached 

5 to the label required by paragraph (1). 

6 ‘‘(B) GREEN STARS.—Under the Fuelstar Pro7 gram, a manufacturer may include on the label 

8 maintained on an automobile under paragraph (1)— 

9 ‘‘(i) 1 green star for any automobile that 

10 meets the average fuel economy standard for the 

11 model year under section 32902; and 

12 ‘‘(ii) 1 additional green star for each 2 

13 miles per gallon by which the automobile exceeds 

14 such standard. 

15 ‘‘(C) GOLD STARS.—Under the Fuelstar Pro16 gram, a manufacturer may include a gold star on the 

17 label maintained on an automobile under paragraph 

18 (1) if the automobile attains a fuel economy of at 

19 least 50 miles per gallon.’’. 

20 SEC. 108. CONTINUED APPLICABILITY OF EXISTING STAND21 ARDS. 

22 Nothing in this title, or the amendments made by this 

23 title, shall be construed to affect the application of section 

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1 mobiles or non-passenger automobiles manufactured before 

2 model year 2011. 

3 SEC. 109. NATIONAL ACADEMY OF SCIENCES STUDIES. 

4 (a) IN GENERAL.—As soon as practicable after the 

5 date of enactment of this Act, the Secretary of Transpor6 tation shall execute an agreement with the National Acad7 emy of Sciences to develop a report evaluating vehicle fuel 

8 economy standards, including— 

9 (1) an assessment of automotive technologies and 

10 costs to reflect developments since the Academy’s 2002 

11 report evaluating the corporate average fuel economy 

12 standards was conducted; 

13 (2) an analysis of existing and potential tech14 nologies that may be used practically to improve 

15 automobile, medium-duty truck, or heavy-duty truck 

16 fuel economy; 

17 (3) an analysis of how such technologies may be 

18 practically integrated into the automotive, medium19 duty truck, or heavy-duty truck manufacturing proc20 ess; and 

21 (4) an assessment of how such technologies may 

22 be used to meet the new fuel economy standards under 

23 chapter 329 of title 49, United States Code, as 

24 amended by this title. 


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1 (b) QUINQUENNIAL UPDATES.—After submitting the 

2 initial report, the Academy shall update the report at 5 

3 year intervals thereafter through 2025. 

4 (c) REPORT.—The Academy shall submit the report to 

5 the Secretary, the Senate Committee on Commerce, Science, 

6 and Transportation and the House of Representatives Com7 mittee on Energy and Commerce, with its findings and rec8 ommendations no later than 18 months after the date on 

9 which the Secretary executes the agreement with the Acad10 emy. 

11 SEC. 110. STANDARDS FOR EXECUTIVE AGENCY AUTO12 MOBILES. 

13 (a) IN GENERAL.—Section 32917 of title 49, United 

14 States Code, is amended to read as follows: 

15 ‘‘§ 32917. Standards for executive agency automobiles 

16 ‘‘(a) FUEL EFFICIENCY.—The head of an Executive 

17 agency shall ensure that each new automobile procured by 

18 the Executive agency is as fuel efficient as practicable. 

19 ‘‘(b) DEFINITIONS.—In this section: 

20 ‘‘(1) EXECUTIVE AGENCY.—The term ‘Executive 

21 agency’ has the meaning given that term in section 

22 105 of title 5. 

23 ‘‘(2) NEW AUTOMOBILE.—The term ‘new auto24 mobile’, with respect to the fleet of automobiles of an 

25 executive agency, means an automobile that is leased 


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1 for at least 60 consecutive days or bought, by or for 

2 the Executive agency, after September 30, 2008. The 

3 term does not include any vehicle designed for com4 bat-related missions, law enforcement work, or emer5 gency rescue work.’’. 

6 (b) REPORT.—The Administrator of the General Serv7 ices Administration shall develop a report describing and 

8 evaluating the efforts of the heads of the Executive agencies 

9 to comply with section 32917 of title 49, United States 

10 Code, for fiscal year 2009. The Administrator shall submit 

11 the report to Congress no later than December 31, 2009. 

12 SEC. 111. ENSURING AVAILABILITY OF FLEXIBLE FUEL 

13 AUTOMOBILES. 

14 (a) AMENDMENT.— 

15 (1) IN GENERAL.—Chapter 329 of title 49, 

16 United States Code, is amended by inserting after sec17 tion 32902 the following: 

18 ‘‘§ 32902A. Requirement to manufacture flexible fuel 

19 automobiles 

20 ‘‘(a) IN GENERAL.—For each model year, each manu21 facturer of new automobiles described in subsection (b) shall 

22 ensure that the percentage of such automobiles manufac23 tured in a particular model year that are flexible fuel vehi24 cles shall be not less than the percentage set forth for that 

25 model year in the following table: 


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The percentage of flexible fuel 

‘‘If the model year is: automobiles shall be: 

2012 ................................................................................................ 50 percent

2013 ................................................................................................ 60 percent

2014 ................................................................................................ 70 percent

2015 ................................................................................................ 80 percent. 

1 ‘‘(b) AUTOMOBILES TO WHICH SECTION APPLIES.— 

2 An automobile is described in this subsection if it— 

3 ‘‘(1) is capable of operating on gasoline or diesel 

4 fuel; 

5 ‘‘(2) is distributed in interstate commerce for 

6 sale in the United States; and 

7 ‘‘(3) does not contain certain engines that the 

8 Secretary of Transportation, in consultation with the 

9 Administrator of the Environmental Protection Agen10 cy and the Secretary of Energy, may temporarily ex11 clude from the definition because it is technologically 

12 infeasible for the engines to have flexible fuel capa13 bility at any time during a period that the Secre14 taries and the Administrator are engaged in an active 

15 research program with the vehicle manufacturers to 

16 develop that capability for the engines.’’. 

17 (2) DEFINITION OF FLEXIBLE FUEL AUTO18 MOBILE.—Section 32901(a) of title 49, United States 

19 Code, is amended by inserting after paragraph (8), 

20 the following: 

21 ‘‘(8A) ‘flexible fuel automobile’ means an auto22 mobile described in paragraph (8)(A).’’. 


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1 (3) CLERICAL AMENDMENT.—The table of sec2 tions for chapter 329 of title 49, United States Code, 

3 is amended by inserting after the item relating to sec4 tion 32902 the following: 

‘‘Sec. 32902A. Requirement to manufacture flexible fuel automobiles.’’. 

5 (b) RULEMAKING.— 

6 (1) IN GENERAL.—Not later than 1 year after 

7 the date of the enactment of this Act, the Secretary of 

8 Transportation shall issue regulations to carry out 

9 the amendments made by subsection (a). 

10 (2) HARDSHIP EXEMPTION.—The regulations 

11 issued pursuant to paragraph (1) shall include a 

12 process by which a manufacturer may be exempted 

13 from the requirement under section 32902A(a) upon 

14 demonstrating that such requirement would create a 

15 substantial economic hardship for the manufacturer. 

16 SEC. 112. INCREASING CONSUMER AWARENESS OF FLEXI17 BLE FUEL AUTOMOBILES. 

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

19 amended by adding at the end the following: 

20 ‘‘(g) INCREASING CONSUMER AWARENESS OF FLEXI21 BLE FUEL AUTOMOBILES.—(1) The Secretary of Transpor22 tation shall prescribe regulations that require the manufac23 turer of automobiles distributed in interstate commerce for 

24 sale in the United States— 


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1 ‘‘(A) to prominently display a permanent badge 

2 or emblem on the quarter panel or tailgate of each 

3 such automobile that indicates such vehicle is capable 

4 of operating on alternative fuel; and 

5 ‘‘(B) to include information in the owner’s man6 ual of each such automobile information that de7 scribes— 

8 ‘‘(i) the capability of the automobile to op9 erate using alternative fuel; 

10 ‘‘(ii) the benefits of using alternative fuel, 

11 including the renewable nature, and the environ12 mental benefits of using alternative fuel; and 

13 ‘‘(C) to contain a fuel tank cap that is clearly 

14 labeled to inform consumers that the automobile is ca15 pable of operating on alternative fuel. 

16 ‘‘(2) The Secretary of Transportation shall collaborate 

17 with autombile retailers to develop voluntary methods for 

18 providing prospective purchasers of automobiles with infor19 mation regarding the benefits of using alternative fuel in 

20 automobiles, including— 

21 ‘‘(A) the renewable nature of alternative fuel; 

22 and 

23 ‘‘(B) the environmental benefits of using alter24 native fuel.’’. 


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1 SEC. 113. PERIODIC REVIEW OF ACCURACY OF FUEL ECON2 OMY LABELING PROCEDURES. 

3 Beginning in December, 2009, and not less often than 

4 every 5 years thereafter, the Secretary of Transportation, 

5 in consultation with the Administrator of the Environ6 mental Protection Agency, shall— 

7 (1) reevaluate the fuel economy labeling proce8 dures described in the final rule published in the Fed9 eral Register on December 27, 2006 (71 Fed. Reg. 

10 77,872; 40 C.F.R. parts 86 and 600) to determine 

11 whether changes in the factors used to establish the la12 beling procedures warrant a revision of that process; 

13 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. 114. TIRE FUEL EFFICIENCY CONSUMER INFORMA20 TION. 

21 (a) IN GENERAL.—Chapter 301 of title 49, United 

22 States Code, is amended by inserting after section 30123 

23 the following new section: 

24 ‘‘§ 30123A. Tire fuel efficiency consumer information 

25 ‘‘(a) RULEMAKING.— 


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1 ‘‘(1) IN GENERAL.—Not later than 18 months 

2 after the date of enactment of the Ten-in-Ten Fuel 

3 Economy Act, the Secretary of Transportation shall, 

4 after notice and opportunity for comment, promulgate 

5 rules establishing a national tire fuel efficiency con6 sumer information program for tires designed for use 

7 on motor vehicles to educate consumers about the ef8 fect of tires on automobile fuel efficiency. 

9 ‘‘(2) ITEMS INCLUDED IN RULE.—The rule10 making shall include— 

11 ‘‘(A) a national tire fuel efficiency rating 

12 system for motor vehicle tires to assist consumers 

13 in making more educated tire purchasing deci14 sions; 

15 ‘‘(B) requirements for providing informa16 tion to consumers, including information at the 

17 point of sale and other potential information 

18 dissemination methods, including the Internet; 

19 ‘‘(C) specifications for test methods for 

20 manufacturers to use in assessing and rating 

21 tires to avoid variation among test equipment 

22 and manufacturers; and 

23 ‘‘(D) a national tire maintenance consumer 

24 education program including, information on 


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1 tire inflation pressure, alignment, rotation, and 

2 tread wear to maximize fuel efficiency. 

3 ‘‘(3) APPLICABILITY.—This section shall not 

4 apply to tires excluded from coverage under section 

5 575.104(c)(2) of title 49, Code of Federal Regulations, 

6 as in effect on date of enactment of the Ten-in-Ten 

7 Fuel Economy Act. 

8 ‘‘(b) CONSULTATION.—The Secretary shall consult 

9 with the Secretary of Energy and the Administrator of the 

10 Environmental Protection Agency on the means of con11 veying tire fuel efficiency consumer information. 

12 ‘‘(c) REPORT TO CONGRESS.—The Secretary shall con13 duct periodic assessments of the rules promulgated under 

14 this section to determine the utility of such rules to con15 sumers, the level of cooperation by industry, and the con16 tribution to national goals pertaining to energy consump17 tion. The Secretary shall transmit periodic reports detail18 ing the findings of such assessments to the Senate Com19 mittee on Commerce, Science, and Transportation and the 

20 House of Representatives Committee on Energy and Com21 merce. 

22 ‘‘(d) TIRE MARKING.—The Secretary shall not require 

23 permanent labeling of any kind on a tire for the purpose 

24 of tire fuel efficiency information. 


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1 ‘‘(e) PREEMPTION.—When a requirement under this 

2 section is in effect, a State or political subdivision of a 

3 State may adopt or enforce a law or regulation on tire fuel 

4 efficiency consumer information only if the law or regula5 tion is identical to that requirement. Nothing in this section 

6 shall be construed to preempt a State or political subdivi7 sion of a State from regulating the fuel efficiency of tires 

8 not otherwise preempted under this chapter.’’. 

9 (b) ENFORCEMENT.—Section 30165(a) of title 49, 

10 United States Code, is amended by adding at the end the 

11 following: 

12 ‘‘(4) SECTION 30123A.—Any person who fails to 

13 comply with the national tire fuel efficiency consumer 

14 information program under section 30123A is liable 

15 to the United States Government for a civil penalty 

16 of not more than $50,000 for each violation.’’. 

17 (c) Conforming Amendment.—The chapter analysis 

18 for chapter 301 of title 49, United States Code, is amended 

19 by inserting after the item relating to section 30123 the 

20 folllowing: 

‘‘30123A. Tire fuel efficiency consumer information.’’. 

21 SEC. 115. ADVANCED BATTERY INITIATIVE. 

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

23 shall establish and carry out an Advanced Battery Initia24 tive in accordance with this section to support research, deVerDate Aug 31 2005 02:28 Apr 08, 2008 Jkt 069200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6203 E:\BILLS\S357.RS S357

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1 velopment, demonstration, and commercial application of 

2 battery technologies. 

3 (b) INDUSTRY ALLIANCE.—Not later than 180 days 

4 after the date of enactment of this Act, the Secretary shall 

5 competitively select an Industry Alliance to represent par6 ticipants who are private, for-profit firms headquartered in 

7 the United States, the primary business of which is the 

8 manufacturing of batteries. 

9 (c) RESEARCH.— 

10 (1) GRANTS.—The Secretary shall carry out re11 search activities of the Initiative through competi12 tively-awarded grants to— 

13 (A) researchers, including Industry Alliance 

14 participants; 

15 (B) small businesses; 

16 (C) National Laboratories; and 

17 (D) institutions of higher education. 

18 (2) INDUSTRY ALLIANCE.—The Secretary shall 

19 annually solicit from the Industry Alliance— 

20 (A) comments to identify advanced battery 

21 technology needs relevant to electric drive tech22 nology; 

23 (B) an assessment of the progress of re24 search activities of the Initiative; and 


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1 (C) assistance in annually updating ad2 vanced battery technology roadmaps. 

3 (d) AVAILABILITY TO THE PUBLIC.—The information 

4 and roadmaps developed under this section shall be avail5 able to the public. 

6 (e) PREFERENCE.—In making awards under this sub7 section, the Secretary shall give preference to participants 

8 in the Industry Alliance. 

9 (f) COST SHARING.—In carrying out this section, the 

10 Secretary shall require cost sharing in accordance with sec11 tion 120(b) of title 23, United States Code. 

12 (g) AUTHORIZATION OF APPROPRIATIONS.—There are 

13 authorized to be appropriated to carry out this section such 

14 sums as may be necessary for each of fiscal years 2008 

15 through 2012. 

16 SEC. 116. BIODIESEL STANDARDS. 

17 (a) IN GENERAL.—Not later than 180 days after the 

18 date of enactment of this Act, the President, in consultation 

19 with the Secretary of Transportation, the Secretary of En20 ergy, and the Administrator of the Environmental Protec21 tion Administration, shall promulgate standards for bio22 diesel blend sold or introduced into commerce in the United 

23 States. 

24 (b) DEFINITIONS.—In this section: 

25 (1) BIODIESEL.— 


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1 (A) IN GENERAL.—The term ‘‘biodiesel’’ 

2 means the monoalkyl esters of long chain fatty 

3 acids derived from plant or animal matter that 

4 meet— 

5 (i) the registration requirements for 

6 fuels and fuel additives established by the 

7 Environmental Protection Agency under 

8 section 211 of the Clean Air Act (42 U.S.C. 

9 7545); and 

10 (ii) the requirements of the American 

11 Society of Testing and Materials D6751. 

12 (B) INCLUSIONS.—The term ‘‘biodiesel’’ in13 cludes esters described in subparagraph (A) de14 rived from— 

15 (i) animal waste, including poultry 

16 fat, poultry waste, and other waste mate17 rial; and 

18 (ii) municipal solid waste, sludge, and 

19 oil derived from wastewater or the treat20 ment of wastewater. 

21 (2) BIODIESEL BLEND.—The term ‘‘biodiesel 

22 blend’’ means a mixture of biodiesel and diesel fuel, 

23 including— 


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1 (A) a blend of biodiesel and diesel fuel ap2 proximately 5 percent of the content of which is 

3 biodiesel (commonly known as ‘‘B5’’); and 

4 (B) a blend of biodiesel and diesel fuel ap5 proximately 20 percent of the content of which is 

6 biodiesel (commonly known as ‘‘B20’’). 

7 SEC. 117. USE OF CIVIL PENALTIES FOR RESEARCH AND DE8 VELOPMENT. 

9 Section 32912 of title 49, United States Code, is 

10 amended by adding at the end thereof the following: 

11 ‘‘(e) USE OF CIVIL PENALTIES.—For fiscal year 2008 

12 and each fiscal year thereafter, from the total amount de13 posited in the general fund of the Treasury during the pre14 ceding fiscal year from fines, penalties, and other funds ob15 tained through enforcement actions conducted pursuant to 

16 this section (including funds obtained under consent de17 crees), the Secretary of the Treasury, subject to the avail18 ability of appropriations, shall— 

19 ‘‘(1) transfer 50 percent of such total amount to 

20 the account providing appropriations to the Secretary 

21 of Transportation for the administration of this chap22 ter, which shall be used by the Secretary to carry out 

23 a program of research and development into fuel sav24 ing automotive technologies and to support rule25 making under this chapter; and 


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1 ‘‘(2) transfer 50 percent of such total amount to 

2 the Energy Security Fund established by section 

3 118(a) of the Ten-in-Ten Fuel Economy Act. 

4 SEC. 118. ENERGY SECURITY FUND AND ALTERNATIVE 

5 FUEL GRANT PROGRAM. 

6 (a) ESTABLISHMENT OF FUND.— 

7 (1) IN GENERAL.—There is established in the 

8 Treasury a fund, to be known as the ‘‘Energy Secu9 rity Fund’’ (referred to in this section as the 

10 ‘‘Fund’’), consisting of— 

11 (A) amounts transferred to the Fund under 

12 section 32912(e)(2) of title 49, United States 

13 Code; and 

14 (B) amounts credited to the Fund under 

15 paragraph (2)(C). 

16 (2) INVESTMENT OF AMOUNTS.— 

17 (A) IN GENERAL.—The Secretary of the 

18 Treasury shall invest in interest-bearing obliga19 tions of the United States such portion of the 

20 Fund as is not, in the judgment of the Secretary 

21 of the Treasury, required to meet current with22 drawals. 

23 (B) SALE OF OBLIGATIONS.—Any obliga24 tion acquired by the Fund may be sold by the 

25 Secretary of the Treasury at the market price. 


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1 (C) CREDITS TO FUND.—The interest on, 

2 and the proceeds from the sale or redemption of, 

3 any obligations held in the Fund shall be cred4 ited to, and form a part of, the Fund in accord5 ance with section 9602 of the Internal Revenue 

6 Code of 1986. 

7 (3) USE OF AMOUNTS IN FUND.—Amounts in the 

8 Fund shall be made available to the Secretary of En9 ergy, subject to the availability of appropriations, to 

10 carry out the grant program under subsection (b). 

11 (b) ALTERNATIVE FUELS GRANT PROGRAM.— 

12 (1) IN GENERAL.—Not later than 90 days after 

13 the date of enactment of this Act, the Secretary of En14 ergy, acting through the Clean Cities Program of the 

15 Department of Energy, shall establish and carry out 

16 a program under which the Secretary shall provide 

17 grants to expand the availability to consumers of al18 ternative fuels (as defined in section 32901(a) of title 

19 49, United States Code). 

20 (2) ELIGIBILITY.— 

21 (A) IN GENERAL.—Except as provided in 

22 subparagraph (B), any entity that is eligible to 

23 receive assistance under the Clean Cities Pro24 gram shall be eligible to receive a grant under 

25 this subsection. 


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1 (B) EXCEPTIONS.— 

2 (i) CERTAIN OIL COMPANIES.—A large, 

3 vertically-integrated oil company shall not 

4 be eligible to receive a grant under this sub5 section. 

6 (ii) PROHIBITION OF DUAL BENE7 FITS.—An entity that receives any other 

8 Federal funds for the construction or expan9 sion of alternative refueling infrastructure 

10 shall not be eligible to receive a grant under 

11 this subsection for the construction or ex12 pansion of the same alternative refueling 

13 infrastructure. 

14 (C) ENSURING COMPLIANCE.—Not later 

15 than 30 days after the date of enactment of this 

16 Act, the Secretary of Energy shall promulgate 

17 regulations to ensure that, before receiving a 

18 grant under this subsection, an eligible entity 

19 meets applicable standards relating to the instal20 lation, construction, and expansion of infrastruc21 ture necessary to increase the availability to con22 sumers of alternative fuels (as defined in section 

23 32901(a) of title 49, United States Code). 

24 (3) MAXIMUM AMOUNT.— 


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1 (A) GRANTS.—The amount of a grant pro2 vided under this subsection shall not exceed 

3 $30,000. 

4 (B) AMOUNT PER STATION.—An eligible en5 tity shall receive not more than $90,000 under 

6 this subsection for any station of the eligible en7 tity during a fiscal year. 

8 (4) USE OF FUNDS.— 

9 (A) IN GENERAL.—A grant provided under 

10 this subsection shall be used for the construction 

11 or expansion of alternative fueling infrastruc12 ture. 

13 (B) ADMINISTRATIVE EXPENSES.—Not more 

14 than 3 percent of the amount of a grant provided 

15 under this subsection shall be used for adminis16 trative expenses. 

17 SEC. 119. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated to the Sec19 retary of Transportation $25,000,000 for each of fiscal 

20 years 2009 through 2021 to carry out the provisions of 

21 chapter 329 of title 49, United States Code. 

22 TITLE II—PRICE GOUGING 

23 SEC. 201. SHORT TITLE; TABLE OF CONTENTS. 

24 (a) SHORT TITLE.—This title may be cited as the ‘‘Pe25 troleum Consumer Price Gouging Protection Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this title is as follows: 

Sec. 201. Short title; table of contents. 

Sec. 202. Definitions. 

Sec. 203. Prohibition on price gouging during energy emergencies. 

Sec. 204. Prohibition on market manipulation. 

Sec. 205. Prohibition on false information. 

Sec. 206. Presidential declaration of energy emergency. 

Sec. 207. Enforcement by the Federal Trade Commission. 

Sec. 208. Enforcement by State Attorneys General. 

Sec. 209. Penalties. 

Sec. 210. Effect on other laws. 

3 SEC. 202. DEFINITIONS. 

4 In this title: 

5 (1) AFFECTED AREA.—The term ‘‘affected area’’ 

6 means an area covered by a Presidential declaration 

7 of energy emergency. 

8 (2) SUPPLIER.—The term ‘‘supplier’’ means any 

9 person engaged in the trade or business of selling or 

10 reselling, at retail or wholesale, or distributing crude 

11 oil, gasoline, or petroleum distillates. 

12 (3) PRICE GOUGING.—The term ‘‘price gouging’’ 

13 means the charging of an unconscionably excessive 

14 price by a supplier in an affected area. 

15 (4) UNCONSCIONABLY EXCESSIVE PRICE.—The 

16 term ‘‘unconscionably excessive price’’ means a price 

17 charged in an affected area for crude oil, gasoline, or 

18 petroleum distillates that— 

19 (A)(i) represents a gross disparity between 

20 the price at which it was offered for sale in the 


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1 usual course of the supplier’s business imme2 diately prior to the President’s declaration of an 

3 energy emergency; 

4 (ii) grossly exceeds the price at which the 

5 same or similar crude oil, gasoline, or petroleum 

6 distillate was readily obtainable by other pur7 chasers in the affected area; or 

8 (iii) represents an exercise of unfair lever9 age or unconscionable means on the part of the 

10 supplier, during a period of declared energy 

11 emergency; and 

12 (B) is not attributable to increased whole13 sale or operational costs outside the control of the 

14 supplier, incurred in connection with the sale of 

15 crude oil, gasoline, or petroleum distillates. 

16 (5) COMMISSION.—The term ‘‘Commission’’ 

17 means the Federal Trade Commission. 

18 SEC. 203. PROHIBITION ON PRICE GOUGING DURING EN19 ERGY EMERGENCIES. 

20 (a) IN GENERAL.—During any energy emergency de21 clared by the President under section 206 of this title, it 

22 is unlawful for any supplier to sell, or offer to sell, crude 

23 oil, gasoline, or petroleum distillates in, or for use in, the 

24 area to which that declaration applies at an unconscionably 

25 excessive price. 


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1 (b) FACTORS CONSIDERED.—In determining whether 

2 a violation of subsection (a) has occurred, there shall be 

3 taken into account, among other factors, the price that 

4 would reasonably equate supply and demand in a competi5 tive and freely functioning market. 

6 SEC. 204. PROHIBITION ON MARKET MANIPULATION. 

7 It is unlawful for any person, directly or indirectly, 

8 to use or employ, in connection with the purchase or sale 

9 of crude oil, gasoline, or petroleum distillates at wholesale, 

10 any manipulative or deceptive device or contrivance, in 

11 contravention of such rules and regulations as the Commis12 sion may prescribe as necessary or appropriate in the pub13 lic interest or for the protection of United States citizens. 

14 SEC. 205. PROHIBITION ON FALSE INFORMATION. 

15 (a) IN GENERAL.—It is unlawful for any person to 

16 report information related to the wholesale price of crude 

17 oil, gasoline, or petroleum distillates to the Commission if— 

18 (1) that person knew, or reasonably should have 

19 known, the information to be false or misleading; 

20 (2) the information was required by law to be re21 ported; and 

22 (3) the person intended the false or misleading 

23 data to affect data compiled by the Commission for 

24 statistical or analytical purposes with respect to the 

25 market for crude oil, gasoline, or petroleum distillates. 


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1 SEC. 206. PRESIDENTIAL DECLARATION OF ENERGY EMER2 GENCY. 

3 (a) IN GENERAL.—If the President finds that the 

4 health, safety, welfare, or economic well-being of the citizens 

5 of the United States is at risk because of a shortage or im6 minent shortage of adequate supplies of crude oil, gasoline, 

7 or petroleum distillates due to a disruption in the national 

8 distribution system for crude oil, gasoline, or petroleum dis9 tillates (including such a shortage related to a major dis10 aster (as defined in section 102(2) of the Robert T. Stafford 

11 Disaster Relief and Emergency Assistance Act (42 U.S.C. 

12 5122(2))), or significant pricing anomalies in national en13 ergy markets for crude oil, gasoline, or petroleum distillates, 

14 the President may declare that a Federal energy emergency 

15 exists. 

16 (b) SCOPE AND DURATION.—The emergency declara17 tion shall specify— 

18 (1) the period, not to exceed 30 days, for which 

19 the declaration applies; 

20 (2) the circumstance or condition necessitating 

21 the declaration; and 

22 (3) the area or region to which it applies, which, 

23 for the 48 contiguous states may not be limited to a 

24 single State. 

25 (c) EXTENSIONS.—The President may— 


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1 (1) extend a declaration under subsection (a) for 

2 a period of not more than 30 days; and 

3 (2) extend such a declaration more than once. 

4 SEC. 207. ENFORCEMENT BY THE FEDERAL TRADE COMMIS5 SION. 

6 (a) ENFORCEMENT.—This title shall be enforced by the 

7 Federal Trade Commission. In enforcing section 203 of this 

8 title, the Commission shall give priority to enforcement ac9 tions concerning companies with total United States whole10 sale or retail sales of crude oil, gasoline, and petroleum dis11 tillates in excess of $500,000,000 per year but shall not ex12 clude enforcement actions against companies with total 

13 United States wholesale sales of $500,000,000 or less per 

14 year. 

15 (b) VIOLATION IS UNFAIR OR DECEPTIVE ACT OR

16 PRACTICE.—The violation of any provision of this title 

17 shall be treated as an unfair or deceptive act or practice 

18 proscribed under a rule issued under section 18(a)(1)(B) 

19 of the Federal Trade Commission Act (15 U.S.C. 

20 57a(a)(1)(B)). 

21 (c) COMMISSION ACTIONS.—Following the declaration 

22 of an energy emergency by the President under section 206 

23 of this title, the Commission shall— 

24 (1) establish within the Commission— 


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1 (A) a toll-free hotline that a consumer may 

2 call to report an incident of price gouging in the 

3 affected area; and 

4 (B) a program to develop and distribute to 

5 the public informational materials to assist resi6 dents of the affected area in detecting and avoid7 ing price gouging; 

8 (2) consult with the Attorney General, the 

9 United States Attorney for the districts in which a 

10 disaster occurred (if the declaration is related to a 

11 major disaster), and State and local law enforcement 

12 officials to determine whether any supplier in the af13 fected area is charging or has charged an unconscion14 ably excessive price for crude oil, gasoline, or petro15 leum distillates in the affected area; and 

16 (3) conduct an investigation to determine wheth17 er any supplier in the affected area has violated sec18 tion 203 of this title, and upon such finding, take any 

19 action the Commission determines to be appropriate 

20 to remedy the violation. 

21 SEC. 208. ENFORCEMENT BY STATE ATTORNEYS GENERAL. 

22 (a) IN GENERAL.—A State, as parens patriae, may 

23 bring a civil action on behalf of its residents in an appro24 priate district court of the United States to enforce the pro25 visions of section 203 of this title, or to impose the civil 


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1 penalties authorized by section 209 for violations of section 

2 203, whenever the attorney general of the State has reason 

3 to believe that the interests of the residents of the State have 

4 been or are being threatened or adversely affected by a sup5 plier engaged in the sale or resale, at retail or wholesale, 

6 or distribution of crude oil, gasoline, or petroleum dis7 tillates in violation of section 203 of this title. 

8 (b) NOTICE.—The State shall serve written notice to 

9 the Commission of any civil action under subsection (a) 

10 prior to initiating the action. The notice shall include a 

11 copy of the complaint to be filed to initiate the civil action, 

12 except that if it is not feasible for the State to provide such 

13 prior notice, the State shall provide such notice imme14 diately upon instituting the civil action. 

15 (c) AUTHORITY TO INTERVENE.—Upon receiving the 

16 notice required by subsection (b), the Commission may in17 tervene in the civil action and, upon intervening— 

18 (1) may be heard on all matters arising in such 

19 civil action; and 

20 (2) may file petitions for appeal of a decision in 

21 such civil action. 

22 (d) CONSTRUCTION.—For purposes of bringing any 

23 civil action under subsection (a), nothing in this section 

24 shall prevent the attorney general of a State from exercising 

25 the powers conferred on the Attorney General by the laws 


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1 of such State to conduct investigations or to administer 

2 oaths or affirmations or to compel the attendance of wit3 nesses or the production of documentary and other evidence. 

4 (e) VENUE; SERVICE OF PROCESS.—In a civil action 

5 brought under subsection (a)— 

6 (1) the venue shall be a judicial district in 

7 which— 

8 (A) the defendant operates; 

9 (B) the defendant was authorized to do 

10 business; or 

11 (C) where the defendant in the civil action 

12 is found; 

13 (2) process may be served without regard to the 

14 territorial limits of the district or of the State in 

15 which the civil action is instituted; and 

16 (3) a person who participated with the defendant 

17 in an alleged violation that is being litigated in the 

18 civil action may be joined in the civil action without 

19 regard to the residence of the person. 

20 (f) LIMITATION ON STATE ACTION WHILE FEDERAL

21 ACTION IS PENDING.—If the Commission has instituted a 

22 civil action or an administrative action for violation of this 

23 title, a State attorney general, or official or agency of a 

24 State, may not bring an action under this section during 

25 the pendency of that action against any defendant named 


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1 in the complaint of the Commission or the other agency for 

2 any violation of this title alleged in the Commission’s civil 

3 or administrative action. 

4 (g) NO PREEMPTION.—Nothing contained in this sec5 tion shall prohibit an authorized State official from pro6 ceeding in State court to enforce a civil or criminal statute 

7 of that State. 

8 SEC. 209. PENALTIES. 

9 (a) CIVIL PENALTY.— 

10 (1) IN GENERAL.—In addition to any penalty 

11 applicable under the Federal Trade Commission Act, 

12 any supplier— 

13 (A) that violates section 204 or section 205 

14 of this title is punishable by a civil penalty of 

15 not more than $1,000,000; and 

16 (B) that violates section 203 of this title is 

17 punishable by a civil penalty of— 

18 (i) not more than $500,000, in the case 

19 of an independent small business marketer 

20 of gasoline (within the meaning of section 

21 324(c) of the Clean Air Act (42 U.S.C. 

22 7625(c))); and 

23 (ii) not more than $5,000,000 in the 

24 case of any other supplier. 


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1 (2) METHOD OF ASSESSMENT.—The penalties 

2 provided by paragraph (1) shall be assessed in the 

3 same manner as civil penalties imposed under section 

4 5 of the Federal Trade Commission Act (15 U.S.C. 

5 45). 

6 (3) MULTIPLE OFFENSES; MITIGATING FAC7 TORS.—In assessing the penalty provided by sub8 section (a)— 

9 (A) each day of a continuing violation shall 

10 be considered a separate violation; and 

11 (B) the Commission shall take into consid12 eration the seriousness of the violation and the 

13 efforts of the person committing the violation to 

14 remedy the harm caused by the violation in a 

15 timely manner. 

16 (b) CRIMINAL PENALTY.—Violation of section 203 of 

17 this title is punishable by a fine of not more than 

18 $5,000,000, imprisonment for not more than 5 years, or 

19 both. 

20 SEC. 210. EFFECT ON OTHER LAWS. 

21 (a) OTHER AUTHORITY OF THE COMMISSION.—Noth22 ing in this title shall be construed to limit or affect in any 

23 way the Commission’s authority to bring enforcement ac24 tions or take any other measure under the Federal Trade 


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1 Commission Act (15 U.S.C. 41 et seq.) or any other provi2 sion of law. 

3 (b) STATE LAW.—Nothing in this title preempts any 

4 State law. 


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Calendar No. 630 

110TH CONGRESS 

2D SESSION S. 357 

[Report No. 110

–278] 

A BILL 

To improve passenger automobile fuel economy and 

poses. dependence on foreign oil, and for other pursafety, reduce greenhouse gas emissions, reduce 

APRIL 7, 2008 

Reported with an amendment 


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