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389 
SEC. 510. STANDARDS FOR EXECUTIVE AGENCY AUTO-
MOBILES. 
(a) IN GENERAL.—Section 32917 of title 49, United 
States Code, is amended to read as follows: 
‘‘§ 32917. Standards for Executive Agency auto-
mobiles 
‘‘(a) FUEL EFFICIENCY.—The head of an Executive 
agency shall ensure that each new automobile procured by 
the Executive agency is as fuel efficient as practicable. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) EXECUTIVE AGENCY.—The term ‘Execu-
tive agency’ has the meaning given that term in sec-
tion 105 of title 5. 
‘‘(2) NEW AUTOMOBILE.—The term ‘new auto-
mobile’, with respect to the fleet of automobiles of 
an executive agency, means an automobile that is 
leased for at least 60 consecutive days or bought, by 
or for the Executive agency, after September 30, 
2008. The term does not include any vehicle de-
signed for combat-related missions, law enforcement 
work, or emergency rescue work.’’. 
(b) REPORT.—The Administrator of the General 
Services Administration shall develop a report describing 
and evaluating the efforts of the heads of the Executive 
agencies to comply with section 32917 of title 49, United 
States Code, for fiscal year 2009. The Administrator shall 
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submit the report to Congress no later than December 31, 
2009. 
SEC. 511. INCREASING CONSUMER AWARENESS OF FLEXI-
BLE FUEL AUTOMOBILES. 
Section 32908 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(g) INCREASING CONSUMER AWARENESS OF FLEXI-
BLE FUEL AUTOMOBILES.—(1) The Secretary of Energy, 
in consultation with the Secretary of Transportation, shall 
prescribe regulations that require the manufacturer of 
automobiles distributed in interstate commerce for sale in 
the United States— 
‘‘(A) to prominently display a permanent badge 
or emblem on the quarter panel or tailgate of each 
such automobile that indicates such vehicle is capa-
ble of operating on alternative fuel; and 
‘‘(B) to include information in the owner’s man-
ual of each such automobile information that de-
scribes— 
‘‘(i) the capability of the automobile to op-
erate using alternative fuel; 
‘‘(ii) the benefits of using alternative fuel, 
including the renewable nature, and the envi-
ronmental benefits of using alternative fuel; and 
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‘‘(C) to contain a fuel tank cap that is clearly 
labeled to inform consumers that the automobile is 
capable of operating on alternative fuel. 
‘‘(2) The Secretary of Transportation shall collabo-
rate with automobile retailers to develop voluntary meth-
ods for providing prospective purchasers of automobiles 
with information regarding the benefits of using alter-
native fuel in automobiles, including— 
‘‘(A) the renewable nature of alternative fuel; 
and 
‘‘(B) the environmental benefits of using alter-
native fuel.’’. 
SEC. 512. PERIODIC REVIEW OF ACCURACY OF FUEL ECON-
OMY LABELING PROCEDURES. 
Beginning in December, 2009, and not less often 
than every 5 years thereafter, the Administrator of the 
Environmental Protection Agency, in consultation with 
the Secretary of Transportation, shall— 
(1) reevaluate the fuel economy labeling proce-
dures described in the final rule published in the 
Federal Register on December 27, 2006 (71 Fed. 
Reg. 77,872; 40 C.F.R. parts 86 and 600) to deter-
mine whether changes in the factors used to estab-
lish the labeling procedures warrant a revision of 
that process; and 
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(2) submit a report to the Senate Committee on 
Commerce, Science, and Transportation and the 
House of Representatives Committee on Energy and 
Commerce that describes the results of the reevalua-
tion process. 
SEC. 513. TIRE FUEL EFFICIENCY CONSUMER INFORMA-
TION. 
(a) IN GENERAL.—Chapter 301 of title 49, United 
States Code, is amended by inserting after section 30123 
the following new section: 
‘‘§ 30123A. Tire fuel efficiency consumer information 
‘‘(a) RULEMAKING.— 
‘‘(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of the Ten-in-Ten Fuel 
Economy Act, the Secretary of Transportation shall, 
after notice and opportunity for comment, promul-
gate rules establishing a national tire fuel efficiency 
consumer information program for tires designed for 
use on motor vehicles to educate consumers about 
the effect of tires on automobile fuel efficiency. 
‘‘(2) ITEMS
INCLUDED
IN
RULE.—The rule-
making shall include— 
‘‘(A) a national tire fuel efficiency rating 
system for motor vehicle tires to assist con-
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sumers in making more educated tire pur-
chasing decisions; 
‘‘(B) requirements for providing informa-
tion to consumers, including information at the 
point of sale and other potential information 
dissemination methods, including the Internet; 
‘‘(C) specifications for test methods for 
manufacturers to use in assessing and rating 
tires to avoid variation among test equipment 
and manufacturers; and 
‘‘(D) a national tire maintenance consumer 
education program including, information on 
tire inflation pressure, alignment, rotation, and 
tread wear to maximize fuel efficiency. 
‘‘(3) APPLICABILITY.—This section shall not 
apply to tires excluded from coverage under section 
575.104(c)(2) of title 49, Code of Federal Regula-
tions, as in effect on date of enactment of the Ten- 
in-Ten Fuel Economy Act. 
‘‘(b) CONSULTATION.—The Secretary shall consult 
with the Secretary of Energy and the Administrator of 
the Environmental Protection Agency on the means of 
conveying tire fuel efficiency consumer information. 
‘‘(c) REPORT TO CONGRESS.—The Secretary shall 
conduct periodic assessments of the rules promulgated 
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under this section to determine the utility of such rules 
to consumers, the level of cooperation by industry, and the 
contribution to national goals pertaining to energy con-
sumption. The Secretary shall transmit periodic reports 
detailing the findings of such assessments to the Senate 
Committee on Commerce, Science, and Transportation 
and the House of Representatives Committee on Energy 
and Commerce. 
‘‘(d) TIRE MARKING.—The Secretary shall not re-
quire permanent labeling of any kind on a tire for the pur-
pose of tire fuel efficiency information. 
‘‘(e) PREEMPTION.—When a requirement under this 
section is in effect, a State or political subdivision of a 
State may adopt or enforce a law or regulation on tire 
fuel efficiency consumer information only if the law or reg-
ulation is identical to that requirement. Nothing in this 
section shall be construed to preempt a State or political 
subdivision of a State from regulating the fuel efficiency 
of tires not otherwise preempted under this chapter.’’. 
(b) ENFORCEMENT.—Section 30165(a) of title 49, 
United States Code, is amended by adding at the end the 
following: 
‘‘(4) SECTION 30123a.—Any person who fails 
to comply with the national tire fuel efficiency con-
sumer information program under section 30123A is 
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liable to the United States Government for a civil 
penalty of not more than $50,000 for each viola-
tion.’’. 
(c) Conforming Amendment.—The chapter analysis 
for chapter 301 of title 49, United States Code, is amend-
ed by inserting after the item relating to section 30123 
the following: 
‘‘30123A. Tire fuel efficiency consumer information.’’. 
SEC. 514. ADVANCED BATTERY INITIATIVE. 
(a) IN GENERAL.—The Secretary of Energy, in con-
sultation with the Secretary of Transportation, shall es-
tablish and carry out an Advanced Battery Initiative in 
accordance with this section to support research, develop-
ment, demonstration, and commercial application of bat-
tery technologies. 
(b) INDUSTRY ALLIANCE.—Not later than 180 days 
after the date of enactment of this Act, the Secretary shall 
competitively select an Industry Alliance to represent par-
ticipants who are private, for-profit firms headquartered 
in the United States, the primary business of which is the 
manufacturing of batteries. 
(c) RESEARCH.— 
(1) GRANTS.—The Secretary shall carry out re-
search activities of the Initiative through competi-
tively-awarded grants to— 
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(A) researchers, including Industry Alli-
ance participants; 
(B) small businesses; 
(C) National Laboratories; and 
(D) institutions of higher education. 
(2) INDUSTRY ALLIANCE.—The Secretary shall 
annually solicit from the Industry Alliance— 
(A) comments to identify advanced battery 
technology and battery systems needs relevant 
to— 
(i) electric drive technology; and 
(ii) other applications the Secretary 
deems appropriate; 
(B) an assessment of the progress of re-
search activities of the Initiative; and 
(C) assistance in annually updating ad-
vanced battery technology and battery systems 
roadmaps. 
(d) AVAILABILITY TO THE PUBLIC.—The informa-
tion and roadmaps developed under this section shall be 
available to the public. 
(e) PREFERENCE.—In making awards under this 
subsection, the Secretary shall give preference to partici-
pants in the Industry Alliance. 
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(f) COST SHARING.—In carrying out this section, the 
Secretary shall require cost sharing in accordance with 
section 120(b) of title 23, United States Code. 
(g) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as may be necessary for each of fiscal years 
2008 through 2012. 
SEC. 515. BIODIESEL STANDARDS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Administrator of the 
Environmental Protection Agency, in consultation with 
the Secretary of Transportation and the Secretary of En-
ergy, shall promulgate regulations to ensure that all diesel- 
equivalent fuels derived from renewable biomass that are 
introduced into interstate commerce are tested and cer-
tified to comply with appropriate American Society for 
Testing and Materials standards. 
(b) DEFINITIONS.—In this section: 
(1) BIODIESEL.— 
(A) IN GENERAL.—The term ‘‘biodiesel’’ 
means the monoalkyl esters of long chain fatty 
acids derived from plant or animal matter that 
meet— 
(i) the registration requirements for 
fuels and fuel additives established by the 
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Environmental Protection Agency under 
section 211 of the Clean Air Act (42 
U.S.C. 7545); and 
(ii) the requirements of the American 
Society of Testing and Materials D6751. 
(B) INCLUSIONS.—The term ‘‘biodiesel’’ 
includes esters described in subparagraph (A) 
derived from— 
(i) animal waste, including poultry 
fat, poultry waste, and other waste mate-
rial; and 
(ii) municipal solid waste, sludge, and 
oil derived from wastewater or the treat-
ment of wastewater. 
(2) BIODIESEL
BLEND.—The term ‘‘biodiesel 
blend’’ means a mixture of biodiesel and diesel fuel, 
including— 
(A) a blend of biodiesel and diesel fuel ap-
proximately 5 percent of the content of which 
is biodiesel (commonly known as ‘‘B5’’); and 
(B) a blend of biodiesel and diesel fuel ap-
proximately 20 percent of the content of which 
is biodiesel (commonly known as ‘‘B20’’). 
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399 
SEC. 516. USE OF CIVIL PENALTIES FOR RESEARCH AND 
DEVELOPMENT. 
Section 32912 of title 49, United States Code, is 
amended by adding at the end thereof the following: 
‘‘(e) USE
OF CIVIL PENALTIES.—For fiscal year 
2008 and each fiscal year thereafter, from the total 
amount deposited in the general fund of the Treasury dur-
ing the preceding fiscal year from fines, penalties, and 
other funds obtained through enforcement actions con-
ducted pursuant to this section (including funds obtained 
under consent decrees), the Secretary of the Treasury, 
subject to the availability of appropriations, shall— 
‘‘(1) transfer 50 percent of such total amount 
to the account providing appropriations to the Sec-
retary of Transportation for the administration of 
this chapter, which shall be used by the Secretary to 
carry out a program of research and development 
into fuel saving automotive technologies and to sup-
port rulemaking under this chapter; and 
‘‘(2) transfer 50 percent of such total amount 
to the Energy Security Fund established by section 
517(a) of the Ten-in-Ten Fuel Economy Act.’’. 
SEC. 517. ENERGY SECURITY FUND AND ALTERNATIVE 
FUEL GRANT PROGRAM. 
(a) ESTABLISHMENT OF FUND.— 
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(1) IN GENERAL.—There is established in the 
Treasury a fund, to be known as the ‘‘Energy Secu-
rity Fund’’ (referred to in this section as the 
‘‘Fund’’), consisting of— 
(A) amounts transferred to the Fund 
under section 32912(e)(2) of title 49, United 
States Code; and 
(B) amounts credited to the Fund under 
paragraph (2)(C). 
(2) INVESTMENT OF AMOUNTS.— 
(A) IN GENERAL.—The Secretary of the 
Treasury shall invest in interest-bearing obliga-
tions of the United States such portion of the 
Fund as is not, in the judgment of the Sec-
retary of the Treasury, required to meet cur-
rent withdrawals. 
(B) SALE OF OBLIGATIONS.—Any obliga-
tion acquired by the Fund may be sold by the 
Secretary of the Treasury at the market price. 
(C) CREDITS TO FUND.—The interest on, 
and the proceeds from the sale or redemption 
of, any obligations held in the Fund shall be 
credited to, and form a part of, the Fund in ac-
cordance with section 9602 of the Internal Rev-
enue Code of 1986. 
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(3) USE OF AMOUNTS IN FUND.—Amounts in 
the Fund shall be made available to the Secretary of 
Energy, subject to the availability of appropriations, 
to carry out the grant program under subsection (b). 
(b) ALTERNATIVE FUELS GRANT PROGRAM.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of enactment of this Act, the Secretary of 
Energy, acting through the Clean Cities Program of 
the Department of Energy, shall establish and carry 
out a program under which the Secretary shall pro-
vide grants to expand the availability to consumers 
of alternative fuels (as defined in section 32901(a) 
of title 49, United States Code). 
(2) ELIGIBILITY.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), any entity that is eligible to 
receive assistance under the Clean Cities Pro-
gram shall be eligible to receive a grant under 
this subsection. 
(B) EXCEPTIONS.— 
(i) 
CERTAIN
OIL
COMPANIES.—A 
large, vertically-integrated oil company 
shall not be eligible to receive a grant 
under this subsection. 
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(ii) PROHIBITION
OF
DUAL
BENE-
FITS.—An entity that receives any other 
Federal funds for the construction or ex-
pansion of alternative refueling infrastruc-
ture shall not be eligible to receive a grant 
under this subsection for the construction 
or expansion of the same alternative refuel-
ing infrastructure. 
(C) ENSURING
COMPLIANCE.—Not later 
than 30 days after the date of enactment of 
this Act, the Secretary of Energy shall promul-
gate regulations to ensure that, before receiving 
a grant under this subsection, an eligible entity 
meets applicable standards relating to the in-
stallation, construction, and expansion of infra-
structure necessary to increase the availability 
to consumers of alternative fuels (as defined in 
section 32901(a) of title 49, United States 
Code). 
(3) MAXIMUM AMOUNT.— 
(A) GRANTS.—The amount of a grant pro-
vided under this subsection shall not exceed 
$30,000. 
(B) AMOUNT
PER
STATION.—An eligible 
entity shall receive not more than $90,000 
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under this subsection for any station of the eli-
gible entity during a fiscal year. 
(4) USE OF FUNDS.— 
(A) IN GENERAL.—A grant provided under 
this subsection shall be used for the construc-
tion or expansion of alternative fueling infra-
structure. 
(B) 
ADMINISTRATIVE
EXPENSES.—Not 
more than 3 percent of the amount of a grant 
provided under this subsection shall be used for 
administrative expenses. 
SEC. 518. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Sec-
retary of Transportation $25,000,000 for each of fiscal 
years 2009 through 2021 to carry out the provisions of 
chapter 329 of title 49, United States Code. 
SEC. 519. APPLICATION WITH CLEAN AIR ACT. 
Nothing in this title shall be construed to conflict 
with the authority provided by sections 202 and 209 of 
the Clean Air Act (42 U.S.C. 7521 and 7543, respec-
tively). 
SEC. 520. ALTERNATIVE FUEL VEHICLE ACTION PLAN. 
(a) IN GENERAL.—The Secretary of Transportation 
shall, establish and implement an action plan which takes 
into consideration the availability and cost effectiveness of 
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alternative fuels, which will ensure that, beginning with 
model year 2015, the percentage of new automobiles for 
sale in the United States that are alternative fuel auto-
mobiles is not less than 50 percent. 
(b) DEFINITIONS.—In this section: 
(1) ALTERNATIVE
FUEL
AUTOMOBILE.—The 
term ‘‘alternative fuel automobile’’ means the fol-
lowing but not limited to— 
(A) a new advanced lean burn technology 
motor vehicle (as defined in section 30B(c)(3) 
of the Internal Revenue Code of 1986) that 
achieves at least 125 percent of the model year 
2002 city fuel economy; 
(B) an alternative fueled automobile; 
(C) a flexible fuel automobile; 
(D) a new qualified fuel cell motor vehicle 
(as defined in section 30B(e)(4) of such Code). 
(E) a new qualified hybrid motor vehicle 
(as defined in section 30B(d)(3) of such Code); 
(F) a plug-in hybrid automobile; 
(G) an electric automobile; 
(H) a hydrogen internal combustion engine 
automobile; and 
(I) any other automobile that uses sub-
stantially new technology and achieves at least 
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175 percent of the model year 2002 city fuel 
economy, as determined by the Secretary of 
Transportation, by regulation. 
(2) OTHER TERMS.—Any term used in this sec-
tion that is defined in section 32901 of title 49, 
United States Code, has the meaning given that 
term in that section. 
SEC. 521. STUDY OF THE ADEQUACY OF TRANSPORTATION 
OF DOMESTICALLY-PRODUCED RENEWABLE 
FUEL BY RAILROADS AND OTHER MODES OF 
TRANSPORTATION. 
(a) STUDY.— 
(1) IN GENERAL.—The Secretary of Transpor-
tation and the Secretary of Energy shall jointly con-
duct a study of the adequacy of transportation of 
domestically-produced renewable fuels by railroad 
and other modes of transportation as designated by 
the Secretaries. 
(2) COMPONENTS.—In conducting the study 
under paragraph (1), the Secretaries shall— 
(A) consider the adequacy of existing rail-
road and other transportation infrastructure, 
equipment, service and capacity to move the 
necessary quantities of domestically-produced 
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renewable fuel within the timeframes required 
by section 111; 
(B)(i) consider the projected costs of mov-
ing the domestically-produced renewable fuel by 
railroad and other modes transportation; and 
(ii) consider the impact of the projected 
costs on the marketability of the domestically- 
produced renewable fuel; 
(C) identify current and potential impedi-
ments to the reliable transportation of adequate 
supplies of domestically-produced renewable fuel 
at reasonable prices, including practices cur-
rently utilized by domestic producers, shippers, 
and receivers of renewable fuels; 
(D) consider whether inadequate competi-
tion exists within and between modes of trans-
portation for the transportation of domestically- 
produced renewable fuel and, if such inadequate 
competition exists, whether such inadequate 
competition leads to an unfair price for the 
transportation of domestically-produced renew-
able fuel or unacceptable service for transpor-
tation of domestically-produced renewable fuel; 
(E) consider whether Federal agencies 
have adequate legal authority to address in-
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stances of inadequate competition when inad-
equate competition is found to prevent domestic 
producers for renewable fuels from obtaining a 
fair and reasonable transportation price or ac-
ceptable service for the transportation of do-
mestically-produced renewable fuels; 
(F) consider whether Federal agencies 
have adequate legal authority to address rail-
road and transportation service problems that 
may be resulting in inadequate supplies of do-
mestically-produced renewable fuel in any area 
of the United States; 
(G) consider what transportation infra-
structure capital expenditures may be necessary 
to ensure the reliable transportation of ade-
quate supplies of domestically-produced renew-
able fuel at reasonable prices within the United 
States and which public and private entities 
should be responsible for making such expendi-
tures; and 
(K) provide recommendations on ways to 
facilitate the reliable transportation of adequate 
supplies of domestically-produced renewable fuel 
at reasonable prices. 
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(b) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Secretaries shall jointly sub-
mit to the Committee on Commerce, Science and Trans-
portation, the Committee on Energy and Natural Re-
sources, and the Committee on Environment and Public 
Works of the Senate and the Committee on Transpor-
tation and Infrastructure and the Committee on Energy 
and Commerce of the House of Representatives a report 
that describes the results of the study conducted under 
subsection (a). 
TITLE VI—PRICE GOUGING 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Petroleum Consumer 
Price Gouging Protection Act’’. 
SEC. 602. DEFINITIONS. 
In this title: 
(1) AFFECTED
AREA.—The term ‘‘affected 
area’’ means an area covered by a Presidential dec-
laration of energy emergency. 
(2) SUPPLIER.—The term ‘‘supplier’’ means 
any person engaged in the trade or business of sell-
ing or reselling, at retail or wholesale, or distributing 
crude oil, gasoline, or petroleum distillates. 
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