S.Amdt. 4699

1. Adds SEC. __. AUTOMOBILE FUEL ECONOMY AND SAFETY; REDUCTION IN GREENHOUSE GAS EMISSIONS AND DEPENDENCE ON FOREIGN OIL at the end of the bill

   Adds a section

   In S. 3711 · Placed on Calendar Senate

   (B) any remainder of the qualified outer Continental Shelf revenues shall revert to the general fund of the Treasury.

   Inserted: SEC. __. AUTOMOBILE FUEL ECONOMY AND SAFETY; REDUCTION IN GREENHOUSE GAS EMISSIONS AND DEPENDENCE ON FOREIGN OIL.

   Inserted: (a) Average Fuel Economy Standards for Passenger Automobiles and Light Trucks.--

   Inserted: (1) Increased standards.--Section 32902 of title 49, United States Code, is amended--

   Inserted: (A) in subsection (a)--

   Inserted: (i) by striking the subsection heading and inserting "Prescription of Standards by Regulation.--"; and

   Inserted: (ii) by striking "(except passenger automobiles)" and inserting "(except passenger automobiles and light trucks)"; and

   Inserted: (B) by striking subsection (b) and inserting the following:

   Inserted: "(b) Standards for Passenger Automobiles and Light Trucks.--

   Inserted: "(1) In general.--The Secretary of Transportation, after consultation with the Administrator of the Environmental Protection Agency, shall prescribe average fuel economy standards for passenger automobiles and light trucks manufactured by a manufacturer in each model year beginning with model year 2009 in order to achieve a combined average fuel economy standard for passenger automobiles and light trucks for model year 2017 of at least 35 miles per gallon, or such other number as the Secretary may prescribe under subsection (c).

   Inserted: "(2) Elimination of suv loophole.--Beginning not later than with model year 2011, the regulations prescribed under this section may not make any distinction between passenger automobiles and light trucks.

   Inserted: "(3) Progress toward standard required.--In prescribing average fuel economy standards under paragraph (1), the Secretary shall prescribe appropriate annual fuel economy standard increases for passenger automobiles and light trucks that--

   Inserted: "(A) increase the applicable average fuel economy standard ratably beginning with model year 2009 and ending with model year 2017; and

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   Inserted: "(B) require that each manufacturer achieve--

   Inserted: "(i) a fuel economy standard for passenger automobiles manufactured by that manufacturer of at least 31.1 miles per gallon not later than model year 2009; and

   Inserted: "(ii) a fuel economy standard for light trucks manufactured by that manufacturer of at least 23.6 miles per gallon not later than model year 2009.

   Inserted: "(4) Fuel economy baseline for passenger automobiles.--Notwithstanding the maximum feasible average fuel economy level established by regulations prescribed under subsection (c), the minimum fleetwide average fuel economy standard for passenger automobiles manufactured by a manufacturer in a model year for the domestic fleet and foreign fleet of the manufacturer, as calculated under section 32904 of this title (as in effect before the date of enactment of the Gulf of Mexico Energy Security Act of 2006), shall be the greater of--

   Inserted: "(A) 27.5 miles per gallon; or

   Inserted: "(B) 92 percent of the average fuel economy projected by the Secretary for the combined domestic and foreign fleets manufactured by all manufacturers in that model year.

   Inserted: "(5) Deadline for regulations.--The Secretary shall promulgate the regulations required by paragraphs (1) and (2) in final form not later than 18 months after the date of enactment of the Gulf of Mexico Energy Security Act of 2006.".

   Inserted: (b) Passenger Car Program Reform.--Section 32902 of title 49, United States Code, is amended--

   Inserted: (1) in subsection (a), by striking the last sentence; and

   Inserted: (2) in subsection (c)--

   Inserted: (A) by striking paragraph (2); and

   Inserted: (B) in paragraph (1)--

   Inserted: (i) in the first sentence--

   Inserted: (I) by striking "(1) Subject to paragraph (2) of this subsection" and inserting the following:

   Inserted: "(1) In general.--Not later than 18 months before the beginning of each model year"; and

   Inserted: (II) by striking "the standard under subsection (b) of this section" and inserting "a standard under subsection (b)"; and

   Inserted: (ii) in the second sentence--

   Inserted: (I) by striking "Section" and inserting the following:

   Inserted: "(2) Amendments.--Section"; and

   Inserted: (II) by striking "the standard" and inserting "any standard prescribed under subsection (b)".

   Inserted: (c) Definition of Work Truck.--

   Inserted: (1) Definition of work truck.--Section 32901(a) of title 49, United States Code, is amended by adding at the end the following:

   Inserted: "(18) 'work truck' means an automobile that the Secretary determines by regulation--

   Inserted: "(A) is rated at between 8,500 and 10,000 pounds gross vehicle weight; and

   Inserted: "(B) is not a medium duty passenger vehicle, as defined in section 86.1803-01 of title 40, Code of Federal Regulations (or a successor regulation).".

   Inserted: (2) Deadline for regulations.--The Secretary of Transportation--

   Inserted: (A) shall issue proposed regulations implementing the amendment made by subsection (a) not later than 1 year after the date of enactment of this Act; and

   Inserted: (B) shall issue final regulations implementing that amendment not later than 18 months after the date of enactment of this Act.

   Inserted: (3) Fuel economy standards for work trucks.--The Secretary of Transportation, in consultation with the Administrator of the Environmental Protection Agency, shall prescribe standards to achieve the maximum feasible fuel economy for work trucks (as defined in section 32901(a)(18) of title 49, United States Code) manufactured by a manufacturer in each model year beginning in model year 2011.

   Inserted: (d) Definition of Light Truck.--

   Inserted: (1) Definition.--

   Inserted: (A) In general.--Section 32901(a) of title 49, United States Code (as amended by subsection (c)), is amended--

   Inserted: (i) by redesignating paragraphs (12) through (16) as paragraphs (13) through (17), respectively; and

   Inserted: (ii) by inserting after paragraph (11) the following:

   Inserted: "(12) 'light truck' means an automobile that the Secretary determines by regulation--

   Inserted: "(A) is manufactured primarily for transporting not more than 10 individuals;

   Inserted: "(B) is rated at not more than 10,000 pounds gross vehicle weight;

   Inserted: "(C) is not a passenger automobile; and

   Inserted: "(D) is not a work truck.".

   Inserted: (B) Deadline for regulations.--The Secretary of Transportation--

   Inserted: (i) shall issue proposed regulations implementing the amendment made by subparagraph (A) not later than 1 year after the date of enactment of this Act; and

   Inserted: (ii) shall issue final regulations implementing that amendment not later than 18 months after the date of enactment of this Act.

   Inserted: (C) Effective date.--Regulations prescribed under subparagraph (A) shall apply beginning with model year 2009.

   Inserted: (2) Applicability of existing standards.--This section does not affect the application of section 32902 of title 49, United States Code, to passenger automobiles or non-passenger automobiles manufactured before model year 2009.

   Inserted: (3) Authorization of appropriations.--There are authorized to be appropriated to the Secretary of Transportation to carry out chapter 329 of title 49, United States Code, $25,000,000 for each of fiscal years 2007 through 2019.

   Inserted: (e) Ensuring Safety of Passenger Automobiles and Light Trucks.--

   Inserted: (1) In general.--The Secretary of Transportation shall exercise such authority under Federal law as the Secretary may have to ensure that--

   Inserted: (A) passenger automobiles and light trucks (as those terms are defined in section 32901 of title 49, United States Code) are safe;

   Inserted: (B) progress is made in improving the overall safety of passenger automobiles and light trucks; and

   Inserted: (C) progress is made in maximizing United States employment.

   Inserted: (2) Vehicle safety.--Subchapter II of chapter 301 of title 49, United States Code, is amended by adding at the end the following:

   Inserted: "Sec. 30129. Vehicle compatibility and aggressivity reduction standard

   Inserted: "(a) Standards.--The Secretary of Transportation shall issue a motor vehicle safety standard to reduce vehicle incompatibility and aggressivity between passenger vehicles and non-passenger vehicles. The standard shall address characteristics necessary to ensure better management of crash forces in multiple vehicle frontal and side impact crashes between different types, sizes, and weights of vehicles with a gross vehicle weight of 10,000 pounds or less in order to decrease occupant deaths and injuries.

   Inserted: "(b) Consumer Information.--The Secretary shall develop and implement a public information side and frontal compatibility crash test program with vehicle ratings based on risks to occupants, risks to other motorists, and combined risks by vehicle make and model.".

   Inserted: (3) Rulemaking deadlines.--

   Inserted: (A) Rulemaking.--The Secretary of Transportation shall issue--

   Inserted: (i) a notice of a proposed rulemaking under section 30129 of title 49, United States Code, not later than January 1, 2008; and

   Inserted: (ii) a final rule under that section not later than December 31, 2009.

   Inserted: (B) Effective date of requirements.--Any requirement imposed under the final rule issued under subparagraph (A) shall become fully effective not later than September 1, 2012.

   Inserted: (4) Conforming amendment.--The chapter analysis for chapter 301 is amended by inserting after the item relating to section 30128 the following:

   Inserted: "30129. Vehicle compatibility and aggressivity reduction standard".

   Inserted: (f) Truth in Fuel Economy Testing.--

   Inserted: (1) In general.--The Administrator of the Environmental Protection Agency, in consultation with the Secretary of Transportation, shall use, as appropriate, existing emission test cycles and updated adjustment factors to update and revise the process used to determine fuel economy values for labeling purposes as described in sections 600.209-85 and 600.209-95 of title 40, Code of Federal Regulations (or successor regulations), to take into consideration current factors, such as--

   Inserted: (A) speed limits;

   Inserted: (B) acceleration rates;

   Inserted: (C) braking;

   Inserted: (D) variations in weather and temperature;

   Inserted: (E) vehicle load;

   Inserted: (F) use of air conditioning;

   Inserted: (G) driving patterns; and

   Inserted: (H) the use of other fuel-consuming features.

   Inserted: (2) Labels for fuel economy mode devices.--The Administrator of the Environmental Protection Agency shall include fuel economy label information for all fuel economy modes provided by devices described in paragraph (1).

   Inserted: (3) Deadline.--In carrying out paragraph (1), the Administrator shall--

   Inserted: (A) issue a notice of proposed rulemaking, or amend the notice of proposed rulemaking for Docket Id. No. OAR-2003-0214, not later than 90 days after the date of enactment of this Act; and

   Inserted: (B) promulgate a final rule not later than 180 days after the date on which the notice under subparagraph (A) is issued.

   Inserted: (4) Use of common measurements for labeling and compliance testing.--Section 32904 of title 49, United States Code, is amended by striking subsection (c) and inserting the following:

   Inserted: "(c) Testing and Calculation Procedures.--The Administrator shall measure fuel economy for each model and calculate average fuel economy for a manufacturer using the same procedures and factors used by the Administrator for labeling purposes under section 32908 by model year 2015.".

   Inserted: (5) Reevaluation and report.--Not later than 3 years after the date of promulgation of the final rule under paragraph (3)(B), and triennially thereafter, the Administrator shall--

   Inserted: (A) reevaluate the fuel economy labeling procedures described in paragraphs (2) and (4) to determine whether changes in the factors used to establish the labeling procedures warrant a revision of that process; and

   Inserted: (B) submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives that describes the results of the reevaluation process.

   Inserted: (g) Onboard Fuel Economy Indicators and Devices.--

   Inserted: (1) In general.--Chapter 329 of title 49, United States Code (as amended by subsection (e)), is further amended by adding at the end the following:

   Inserted: "Sec. 32921. Fuel economy indicators and devices

   Inserted: "(a) In General.--The Secretary of Transportation, in consultation with the Administrator of the Environmental Protection Agency, shall prescribe a fuel economy standard for passenger automobiles and light trucks manufactured by a manufacturer in each model year beginning with model year 2013 that requires each such automobile and light truck to be equipped with--

   Inserted: "(1) an onboard electronic instrument that provides real-time and cumulative fuel economy data;

   Inserted: "(2) an onboard electronic instrument that signals a driver when inadequate tire pressure may be affecting fuel economy; and

   Inserted: "(3) a device that will allow drivers to place the automobile or light truck in a mode that will automatically produce greater fuel economy.

   Inserted: "(b) Exception.--Subsection (a) does not apply to any vehicle that is not subject to an average fuel economy standard under section 32902(b).

   Inserted: "(c) Enforcement.--Subchapter IV of chapter 301 of this title shall apply to a fuel economy standard prescribed under subsection (a) to the same extent and in the same manner as if that standard were a motor vehicle safety standard under chapter 301.".

   Inserted: (2) Conforming amendment.--The chapter analysis for chapter 329 of title 49, United States Code (as amended by subsection (e)), is amended by inserting after the item relating to section 32920 the following:

   Inserted: "32921. Fuel economy indicators and devices".

   Inserted: (h) Secretary of Transportation to Certify Benefits.--Beginning with model year 2009, the Secretary of Transportation, in consultation with the Administrator of the Environmental Protection Agency, shall determine and certify annually to Congress, in accordance with the average fuel economy standards under section 32902 of title 49, United States Code--

   Inserted: (1) the annual reduction in United States consumption of gasoline or petroleum distillates used for vehicle fuel, and

   Inserted: (2) the annual reduction in greenhouse gas emissions,

   Inserted: (i) Credit Trading Program.--Section 32903 of title 49, United States Code, is amended--

   Inserted: (1) in subsections (a) through (d), by striking "passenger" each place it appears;

   Inserted: (2) in subsections (a), (b), and (c), by striking "section 32902(b)-(d) of this title" each place it appears and inserting "subsection (a), (c), or (d) of section 32902";

   Inserted: (3) in subsection (a)(2), by striking "clause (1) of this subsection" and inserting "paragraph (1)"; and

   Inserted: (4) by striking subsection (e) and inserting the following:

   Inserted: "(e) Credit Trading Among Manufacturers.--The Secretary of Transportation may establish, by regulation, a corporate average fuel economy credit trading program to allow manufacturers whose automobiles exceed the average fuel economy standards prescribed under section 32902 of this title to earn credits to be sold to manufacturers whose automobiles fail to achieve the prescribed standards.".

   Inserted: (j) Report to Congress.--Not later than December 31, 2012, the Secretary of Transportation shall submit to Congress a report on the progress made by the automobile manufacturing industry towards meeting the 35 miles per gallon average fuel economy standard required under section 32902(b)(4) of title 49, United States Code.

   Inserted: (k) Labels for Fuel Economy and Greenhouse Gas Emissions.--Section 32908 of title 49, United States Code, is amended--

   Inserted: (1) in subsection (a)(1), by striking the period at the end and inserting ", and a light truck manufactured by a manufacturer in a model year after model year 2009; and"; and

   Inserted: (2) in subsection (b)--

   Inserted: (A) in paragraph (1)--

   Inserted: (i) by redesignating subparagraph (F) as subparagraph (H); and

   Inserted: (ii) by inserting after subparagraph (E) the following:

   Inserted: "(F) A label (or a logo imprinted on a label required by this paragraph) that--

   Inserted: "(i) reflects the performance of an automobile on the basis of criteria developed by the Administrator to reflect the fuel economy and greenhouse gas and other emissions consequences of operating the automobile over its likely useful life;

   Inserted: "(ii) permits consumers to compare performance results under clause (i) among all passenger automobiles and light duty trucks; and

   Inserted: "(iii) is designed to encourage the manufacture and sale of passenger automobiles and light trucks that meet or exceed applicable fuel economy standards under section 32902.

   Inserted: "(G) A fuelstar under paragraph (5)."; and

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

   Inserted: "(4) Green label program.--

   Inserted: "(A) Marketing analysis.--Not later than 2 years after the date of enactment of the Gulf of Mexico Energy Security Act of 2006, the Administrator shall complete a study of social marketing strategies with the goal of maximizing consumer understanding of point-of-sale labels or logos described in paragraph (1)(F).

   Inserted: "(B) Eligibility.--Not later than 3 years after the date of enactment of the Gulf of Mexico Energy Security Act of 2006, the Administrator shall issue requirements for the label or logo required by paragraph (1)(F) to ensure that a passenger automobile or light truck is not eligible for the label or logo unless it--

   Inserted: "(i) meets or exceeds the applicable fuel economy standard; or

   Inserted: "(ii) will have the lowest greenhouse gas emissions over the useful life of the vehicle of all vehicles in the vehicle class to which it belongs in that model year.

   Inserted: "(C) Criteria.--In developing criteria for the label or logo, the Administrator shall also consider, among others as appropriate, the following factors:

   Inserted: "(i) The recyclability of the automobile.

   Inserted: "(ii) Any other pollutants or harmful byproducts related to the automobile, which may include those generated during manufacture of the automobile, those issued during use of the automobile, or those generated after the automobile ceases to be operated.

   Inserted: "(5) Fuelstar program.--

   Inserted: "(A) In general.--The Secretary shall establish a program, to be known as the 'fuelstar' program, under which stars shall be imprinted on or attached to the label required by paragraph (1).

   Inserted: "(B) Green stars.--Under the program a manufacturer may place green stars on the label maintained on an automobile under paragraph (1) as follows:

   Inserted: "(i) 1 green star for any automobile that meets the average fuel economy standard for the model year under section 32902.

   Inserted: "(ii) 1 additional green star for each 2 miles per gallon by which the automobile exceeds that standard.

   Inserted: "(C) Gold stars.--Under the program a manufacturer may place a gold star on the label maintained on an automobile under paragraph (1) if--

   Inserted: "(i) in the case of a passenger automobile, it obtains a fuel economy of 50 miles per gallon or more; and

   Inserted: "(ii) in the case of a light truck, it obtains a fuel economy of 37 miles per gallon or more.".

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