II 

108TH CONGRESS 

2D SESSION S. 2865 

To require that automobiles and light trucks are able to operate on a fuel 

mixture that is at least 85 percent ethanol, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2004 

Mr. DAYTON introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To require that automobiles and light trucks are able to 

operate on a fuel mixture that is at least 85 percent 

ethanol, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Freedom From For5 eign Oil Act of 2004’’. 

6 SEC. 2. REQUIREMENT TO PERMIT AUTOMOBILES TO USE 

7 CERTAIN ALTERNATIVE FUELS. 

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

9 States Code, is amended by inserting after section 32902 

10 the following new section: 
2 

•S 2865 IS 

1 ‘‘§ 32902A. Requirement to equip automobiles to use 

2 alternative biofuels 

3 ‘‘(a) REQUIREMENT.—A passenger automobile, an 

4 automobile capable of off-highway operation, or a light 

5 truck manufactured by a manufacturer in a model year 

6 that is after model year 2005 and that is capable of oper7 ating on gasoline shall also be capable of operating on a 

8 flexible fuel mixture. 

9 ‘‘(b) CONSUMER INFORMATION.—The Secretary of 

10 Transportation shall prescribe regulations that require the 

11 manufacturer of a passenger automobile, an automobile 

12 capable of off-highway operation, or a light truck— 

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

14 or emblem on the quarter panel or tailgate of each 

15 such automobile or light truck manufactured by the 

16 manufacturer that indicates such automobile or light 

17 truck is capable of operating on a flexible fuel mix18 ture; and 

19 ‘‘(2) to include in the owner’s manual of each 

20 such automobile or light truck information describ21 ing— 

22 ‘‘(A) the capability of the automobile or 

23 light truck to operate using a flexible fuel mix24 ture; and 

25 ‘‘(B) the benefits of using a flexible fuel 

26 mixture, including the renewable nature, the in-
3 

•S 2865 IS 

1 creased fuel efficiency, and the environmental 

2 benefits of using flexible fuels. 

3 ‘‘(c) DEFINITIONS.—In this section: 

4 ‘‘(1) AUTOMOBILE CAPABLE OF OFF-HIGHWAY

5 OPERATION.—The term ‘automobile capable of off6 highway operation’ has the meaning given that term 

7 in section 523.5 of title 49, Code of Federal Regula8 tions (or any successor regulation). 

9 ‘‘(2) FLEXIBLE FUEL MIXTURE.—The term 

10 ‘flexible fuel mixture’ means a mixture containing at 

11 least 85 percent of ethanol by volume with gasoline. 

12 ‘‘(3) LIGHT TRUCK.—The term ‘light truck’ has 

13 the meaning given that term in section 523.5 of title 

14 49, Code of Federal Regulations (or any successor 

15 regulation).’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections 

17 at the beginning of such chapter is amended by inserting 

18 after the item relating to section 32902 the following new 

19 item: 

‘‘32902A. Requirement to equip automobiles to use alternative biofuels.’’. 

20 SEC. 3. PENALTIES. 

21 A person may not be treated as being in violation of 

22 section 32911(a) of title 49, United States Code, if the 

23 person fails to comply with section 32902A of such title, 

24 as added by section 2, on a date that is prior to January 

25 1, 2007. 
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1 SEC. 4. ACTIVITIES TO PROMOTE THE USE OF CERTAIN AL2 TERNATIVE FUELS. 

3 The Secretary of Transportation shall carry out ac4 tivities to promote the use of a mixture containing at least 

5 85 percent of ethanol by volume with gasoline in motor 

6 vehicles in the United States. 

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