II 

110TH CONGRESS 

1ST SESSION S. 357 

To improve passenger automobile fuel economy and safety, reduce greenhouse 

gas emissions, reduce dependence on foreign oil, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 22, 2007 

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

KERRY, Mrs. BOXER, Mr. NELSON of Florida, Ms. CANTWELL, Mr. LAUTENBERG, Mr. LIEBERMAN, Mr. MENENDEZ, and Ms. COLLINS) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To improve passenger automobile fuel economy and safety, 

reduce greenhouse gas emissions, reduce dependence on 

foreign oil, and for other purposes. 

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; TABLE OF CONTENTS. 

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

5 ‘‘Ten-in-Ten Fuel Economy Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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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. 

1 SEC. 2. 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) in subsection (a)— 

6 (A) by striking ‘‘NON-PASSENGER AUTO7 MOBILES.—’’ and inserting ‘‘PRESCRIPTION OF

8 STANDARDS BY REGULATION.—’’; and 

9 (B) by striking ‘‘(except passenger auto10 mobiles)’’ and inserting ‘‘(except passenger 

11 automobiles and light trucks)’’; and 

12 (2) by amending subsection (b) to read as fol13 lows: 

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 


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1 manufacturer in each model year beginning with 

2 model year 2010 in order to achieve a combined av3 erage fuel economy standard for passenger auto4 mobiles and light trucks for model year 2019 of at 

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

6 miles per gallon as the Secretary may prescribe 

7 under subsection (c)). 

8 ‘‘(2) ELIMINATION OF SUV LOOPHOLE.—Begin9 ning not later than model year 2013, the regulations 

10 prescribed under this section may not make any dis11 tinction between passenger automobiles and light 

12 trucks. 

13 ‘‘(3) PROGRESS TOWARD STANDARD RE14 QUIRED.—In prescribing average fuel economy 

15 standards under paragraph (1), the Secretary shall 

16 prescribe appropriate annual fuel economy standard 

17 increases for passenger automobiles and light trucks 

18 that— 

19 ‘‘(A) increase the applicable average fuel 

20 economy standard ratably beginning with model 

21 year 2010 and ending with model year 2019; 

22 ‘‘(B) require that each manufacturer 

23 achieve— 

24 ‘‘(i) a fuel economy standard for pas25 senger automobiles manufactured by that 


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1 manufacturer of at least 29.5 miles per 

2 gallon not later than model year 2010; and 

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

4 trucks manufactured by that manufacturer 

5 of at least 23.5 miles per gallon not later 

6 than model year 2010. 

7 ‘‘(4) FUEL ECONOMY BASELINE FOR PAS8 SENGER AUTOMOBILES.—Notwithstanding the max9 imum feasible average fuel economy level established 

10 by regulations prescribed under subsection (c), the 

11 minimum fleetwide average fuel economy standard 

12 for passenger automobiles manufactured by a manu13 facturer in a model year for that manufacturer’s do14 mestic fleet and foreign fleet, as calculated under 

15 section 32904 as in effect before the date of the en16 actment of the Ten-in-Ten Fuel Economy Act, shall 

17 be the greater of— 

18 ‘‘(A) 27.5 miles per gallon; or 

19 ‘‘(B) 92 percent of the average fuel econ20 omy projected by the Secretary for the com21 bined domestic and foreign fleets manufactured 

22 by all manufacturers in that model year. 

23 ‘‘(5) DEADLINE FOR REGULATIONS.—The Sec24 retary shall promulgate the regulations required by 

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


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1 18 months after the date of the enactment of the 

2 Ten-in-Ten Fuel Economy Act.’’. 

3 SEC. 3. PASSENGER CAR PROGRAM REFORM. 

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

5 amended to read as follows: 

6 ‘‘(c) AMENDING PASSENGER AUTOMOBILE STAND7 ARDS.—Not later than 18 months before the beginning of 

8 each model year, the Secretary of Transportation may pre9 scribe regulations amending a standard prescribed under 

10 subsection (b) for a model year to a level that the Sec11 retary determines to be the maximum feasible average fuel 

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

13 applies to a proceeding to amend any standard prescribed 

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

15 oral presentation and a transcript shall be taken of that 

16 presentation. The Secretary may prescribe separate stand17 ards for different classes of passenger automobiles.’’. 

18 SEC. 4. DEFINITION OF WORK TRUCK. 

19 (a) DEFINITION OF WORK TRUCK.—Section 

20 32901(a) of title 49 is amended by adding at the end the 

21 following: 

22 ‘‘(17) ‘work truck’ means an automobile that 

23 the Secretary determines by regulation— 

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

25 pounds gross vehicle weight; and 


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1 ‘‘(B) is not a medium-duty passenger vehi2 cle (as defined in section 86.1803–01 of title 

3 40, Code of Federal Regulations).’’. 

4 (b) DEADLINE FOR REGULATIONS.—The Secretary 

5 of Transportation— 

6 (1) shall issue proposed regulations imple7 menting the amendment made by subsection (a) not 

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

9 this Act; and 

10 (2) shall issue final regulations implementing 

11 the amendment not later than 18 months after the 

12 date of the enactment of this Act. 

13 (c) FUEL ECONOMY STANDARDS FOR WORK

14 TRUCKS.—The Secretary of Transportation, in consulta15 tion with the Administrator of the Environmental Protec16 tion Agency, shall prescribe standards to achieve the max17 imum feasible fuel economy for work trucks (as defined 

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

19 manufactured by a manufacturer in each model year be20 ginning with model year 2013. 

21 SEC. 5. DEFINITION OF LIGHT TRUCK. 

22 (a) DEFINITION OF LIGHT TRUCK.— 

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

24 United States Code, is amended by inserting after 

25 paragraph (11) the following: 


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1 ‘‘(11) ‘light truck’ means an automobile that 

2 the Secretary determines by regulation— 

3 ‘‘(A) is manufactured primarily for trans4 porting not more than 10 individuals; 

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

6 pounds gross vehicle weight; 

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

8 ‘‘(D) is not a work truck.’’. 

9 (2) DEADLINE FOR REGULATIONS.—The Sec10 retary of Transportation— 

11 (A) shall issue proposed regulations imple12 menting the amendment made by paragraph (1) 

13 not later than 1 year after the date of the en14 actment of this Act; and 

15 (B) shall issue final regulations imple16 menting the amendment not later than 18 

17 months after the date of the enactment of this 

18 Act. 

19 (3) EFFECTIVE DATE.—Regulations prescribed 

20 under paragraph (1) shall apply beginning with 

21 model year 2010. 

22 (b) APPLICABILITY OF EXISTING STANDARDS.—This 

23 section does not affect the application of section 32902 

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


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1 or non-passenger automobiles manufactured before model 

2 year 2010. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to the Secretary of 

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

6 through 2021 to carry out the provisions of chapter 329 

7 of title 49, United States Code. 

8 SEC. 6. ENSURING SAFETY OF PASSENGER AUTOMOBILES 

9 AND LIGHT TRUCKS. 

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

11 shall exercise such authority under Federal law as the Sec12 retary may have to ensure that— 

13 (1) passenger automobiles and light trucks (as 

14 such terms are defined in section 32901 of title 49, 

15 United States Code) are safe; 

16 (2) progress is made in improving the overall 

17 safety of passenger automobiles and light trucks; 

18 and 

19 (3) progress is made in maximizing United 

20 States employment. 

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

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

23 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 vehi5 cle incompatibility and aggressivity between passenger ve6 hicles and non-passenger vehicles. The standard shall ad7 dress characteristics necessary to ensure better manage8 ment of crash forces in multiple vehicle frontal and side 

9 impact crashes between different types, sizes, and weights 

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

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

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

13 develop and implement a public information side and fron14 tal compatibility crash test program with vehicle ratings 

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

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

17 (c) RULEMAKING DEADLINES.— 

18 (1) RULEMAKING.—The Secretary of Transpor19 tation shall issue— 

20 (A) a notice of a proposed rulemaking 

21 under section 30129 of title 49, United States 

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

23 (B) a final rule under such section not 

24 later than December 31, 2011. 

25 (2) EFFECTIVE DATE OF REQUIREMENTS.— 

26 Any 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 anal4 ysis for chapter 301 is amended by inserting after the item 

5 relating to section 30128 the following: 

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

6 SEC. 7. ONBOARD FUEL ECONOMY INDICATORS AND DE7 VICES. 

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

9 States Code, is amended by adding at the end the fol10 lowing: 

11 ‘‘§ 32920. Fuel economy indicators and devices 

12 ‘‘(a) IN GENERAL.—The Secretary of Transpor13 tation, in consultation with the Administrator of the Envi14 ronmental Protection Agency, shall prescribe a fuel econ15 omy standard for passenger automobiles and light trucks 

16 manufactured by a manufacturer in each model year be17 ginning with model year 2014 that requires each such 

18 automobile and light truck to be equipped with— 

19 ‘‘(1) an onboard electronic instrument that pro20 vides real-time and cumulative fuel economy data; 

21 ‘‘(2) an onboard electronic instrument that sig22 nals a driver when inadequate tire pressure may be 

23 affecting fuel economy; and 


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

2 automobile or light truck in a mode that will auto3 matically produce greater fuel economy. 

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

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

6 standard under section 32902(b). 

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

8 of this title shall apply to a fuel economy standard pre9 scribed under subsection (a) to the same extent and in 

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

11 safety standard under chapter 301.’’. 

12 (b) CONFORMING AMENDMENT.—The chapter anal13 ysis for chapter 329 of title 49, United States Code, is 

14 amended by inserting after the item relating to section 

15 32919 the following: 

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

16 SEC. 8. SECRETARY OF TRANSPORTATION TO CERTIFY 

17 BENEFITS. 

18 Beginning with model year 2010, the Secretary of 

19 Transportation, in consultation with the Administrator of 

20 the Environmental Protection Agency, shall annually de21 termine and certify to Congress the reduction in United 

22 States consumption of gasoline and petroleum distillates 

23 used for vehicle fuel and the reduction in greenhouse gas 

24 emissions during the most recent year that are properly 

25 attributable to the implementation of the average fuel 


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1 economy standards imposed under section 32902 of title 

2 49, United States Code, as a result of the amendments 

3 made by this Act. 

4 SEC. 9. CREDIT TRADING PROGRAM. 

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

6 amended— 

7 (1) by striking ‘‘passenger’’ each place it ap8 pears; 

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

10 title’’ each place it appears and inserting ‘‘sub11 section (a), (c), or (d) of section 32902’’; 

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

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

14 and 

15 (4) by amending subsection (e) to read as fol16 lows: 

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

18 The Secretary of Transportation may establish, by regula19 tion, a corporate average fuel economy credit trading pro20 gram to allow manufacturers whose automobiles exceed 

21 the average fuel economy standards prescribed under sec22 tion 32902 to earn credits to be sold to manufacturers 

23 whose automobiles fail to achieve the prescribed stand24 ards.’’. 


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1 SEC. 10. REPORT TO CONGRESS. 

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

3 Transportation shall submit to Congress a report on the 

4 progress made by the automobile manufacturing industry 

5 towards meeting the 35 miles per gallon average fuel econ6 omy standard required under section 32902(b)(1) of title 

7 49, United States Code. 

8 SEC. 11. LABELS FOR FUEL ECONOMY AND GREENHOUSE 

9 GAS EMISSIONS. 

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

11 amended— 

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

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

14 by a manufacturer in a model year after model year 

15 2010; and’’; 

16 (2) in subsection (b)— 

17 (A) in paragraph (1)— 

18 (i) by redesignating subparagraph (F) 

19 as subparagraph (H); and 

20 (ii) by inserting after subparagraph 

21 (E) the following: 

22 ‘‘(F) a label (or a logo imprinted on a label re23 quired by this paragraph) that— 

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

25 on the basis of criteria developed by the Admin26 istrator to reflect the fuel economy and greenVerDate Aug 31 2005 01:56 Jan 25, 2007 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S357.IS S357

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1 house gas and other emissions consequences of 

2 operating the automobile over its likely useful 

3 life; 

4 ‘‘(ii) permits consumers to compare per5 formance results under clause (i) among all 

6 passenger automobiles and light duty trucks; 

7 and 

8 ‘‘(iii) is designed to encourage the manu9 facture and sale of passenger automobiles and 

10 light trucks that meet or exceed applicable fuel 

11 economy standards under section 32902. 

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

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

14 ‘‘(4) GREEN LABEL PROGRAM.— 

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

16 years after the date of the enactment of the Ten-in17 Ten Fuel Economy Act, the Administrator shall 

18 complete a study of social marketing strategies with 

19 the goal of maximizing consumer understanding of 

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

21 (1)(F). 

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

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

24 Administrator shall issue requirements for the label 

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


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1 that a passenger automobile or light truck is not eli2 gible for the label or logo unless it— 

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

4 economy standard; or 

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

6 emissions over the useful life of the vehicle of 

7 all vehicles in the vehicle class to which it be8 longs in that model year. 

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

10 label or logo, the Administrator shall also consider, 

11 among others as appropriate, the following factors: 

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

13 ‘‘(ii) Any other pollutants or harmful by14 products related to the automobile, which may 

15 include those generated during manufacture of 

16 the automobile, those issued during use of the 

17 automobile, or those generated after the auto18 mobile ceases to be operated. 

19 ‘‘(5) FUELSTAR PROGRAM.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall estab21 lish a program, to be known as the ‘Fuelstar Pro22 gram’, under which stars shall be imprinted on or 

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


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1 ‘‘(B) GREEN STARS.—Under the Fuelstar Pro2 gram, a manufacturer may include on the label 

3 maintained on an automobile under paragraph (1)— 

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

5 meets the average fuel economy standard for 

6 the model year under section 32902; and 

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

8 miles per gallon by which the automobile ex9 ceeds such standard. 

10 ‘‘(C) GOLD STARS.—Under the Fuelstar Pro11 gram, a manufacturer may include a gold star on 

12 the label maintained on an automobile under para13 graph (1) if— 

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

15 the automobile attains a fuel economy of at 

16 least 50 miles per gallon; and 

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

18 attains a fuel economy of at least 37 miles per 

19 gallon.’’. 

Æ 


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