Motor Vehicle Fuel Efficiency Act of 1990 - Amends the Motor Vehicle Information and Cost Savings Act to establish average fuel economy standards for passenger automobiles and automobiles other than passenger automobiles (light trucks) for model years 1995 through 2000 and for model year 2001 and thereafter.
Authorizes the Secretary of Transportation (Secretary) to modify an average fuel economy standard for model year 2001 and thereafter. Requires the Secretary, in response to a petition from any person, to conduct a rulemaking proceeding to determine whether to increase or decrease such standard to a level that is the maximum feasible average fuel economy for that model year.
Requires the Administrator of the Environmental Protection Agency to report annually to specified congressional committees on: (1) an ongoing examination of the accuracy of fuel economy testing of passenger automobiles and light trucks; and (2) an assessment of the extent to which fuel economy deteriorates during the life of such vehicles.
Directs the Secretary of Energy to distribute at least 100 explanatory booklets each year to every dealer and additional numbers if requested.
Directs the Secretary to provide for a review of the current state of research and development in light truck fuel economy and passenger automobile fuel economy and an assessment of the remaining potential for improving fuel efficiency and reducing energy consumption of passenger automobiles and light trucks. Requires a report to the Congress on such review and an updated report every five years.
Requires the Secretary of Energy to study the future options for regulating the fuel efficiency of such vehicles beyond the year 2001.
Doubles the civil penalty for repeated violations of the fuel economy standard.
Sets forth criteria for calculating average fuel economy for small passenger automobiles that contain airbags for the driver and front passenger sides.
Calendar No. 603 101st CONGRESS 2d Session S. 1224 [Report No. 101-329] A BILL To amend the Motor Vehicle Information and Cost Savings Act to require new standards for corporate average fuel economy, and for other purposes. June 11, 1990 Reported with an amendment S 1224 RS Calendar No. 603 101st CONGRESS 2d Session S. 1224 [Report No. 101-329] To amend the Motor Vehicle Information and Cost Savings Act to require new standards for corporate average fuel economy, and for other purposes. IN THE SENATE OF THE UNITED STATES June 22 (legislative day, JANUARY 3), 1989 Mr. BRYAN (for himself, Mr. HOLLINGS, Mr. GORTON, Mr. LIEBERMAN, Mr. SANFORD, Mr. PELL, Mr. FOWLER, Mr. BUMNPERS, Mr. GORE, Mr. INOUYE, Mr. WIRTH, Mr. KERRY, Mr. REID, Mr. DECONCINI, and Mr. DASCHLE) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation [Strike out all after the enacting clause and insert the part printed in italic.] June 11, 1990 Reported by Mr. HOLLINGS, with an amendment A BILL To amend the Motor Vehicle Information and Cost Savings Act to require new standards for corporate average fuel economy, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, [Struck out->] That this Act may be cited as the `Motor Vehicle Fuel Efficiency Act of 1989'. [<-Struck out] [Struck out->] FINDINGS [<-Struck out] [Struck out->] SEC. 2. The Congress finds and declares the following: [<-Struck out] [Struck out->] (1) Improved efficiency in the consumption of petroleum is vitally important, not only because the worldwide supply is finite, but becaue the increasing dependence of the United States on foreign oil is a threat to our national security and adversely affects the trade balance. [<-Struck out] [Struck out->] (2) The light duty vehicle fleet is a significant user of oil, accounting for about 39 percent of United States oil consumption. [<-Struck out] [Struck out->] (3) Improvements in vehicle fuel efficiency between 1973 and 1987 amounted to a savings of one million eight hundred thousand barrels of oil per day and a savings to drivers of close to $30,000,000,000. Conversely, the rollback of the corporate average fuel economy (CAFE) standard for the 1989 model year, from 27.5 miles per gallon to 26.5 miles per gallon, is expected to result in increased consumption of nine hundred million gallons of fuel over the life of the vehicles. [<-Struck out] [Struck out->] (4) Emissions of carbon dioxide, including those from the light duty vehicle fleet, contribute substantially to increased retention of heat in the Earth's atmosphere and may cause long term global warming and disruption of climate-dependent activities. [<-Struck out] [Struck out->] (5) The United States, with only 5 percent of the world's population, is responsible for 20 percent of world carbon dioxide emissions. United States carbon dioxide emissions from gasoline alone are greater than the carbon dioxide emissions from all sources in each of the following countries and areas of the world: Latin America, Japan, the Middle East, West Germany, South and Southeast Asia, the United Kingdom, Africa, and France. [<-Struck out] [Struck out->] (6) The Transportation sector is responsible for 31 percent of carbon dioxide emissions in the United States. Each gallon of gasoline burned results in the emission of 19.7 pounds of carbon dioxide. [<-Struck out] [Struck out->] (7) The rollback of the CAFE standard for the 1989 model year is projected to result in nine million tons of additional carbon dioxide emissions during the life of the vehicles involved. [<-Struck out] [Struck out->] (8) Increased numbers of vehicles and vehicle miles traveled in the United States will necessitate a 3 percent annual increase in fuel efficiency merely to hold future carbon dioxide emissions at current levels. Therefore, substantial improvements in vehicle fuel efficiency will be needed to reduce these emissions. [<-Struck out] [Struck out->] (9) CAFE standards and the successful response of automobile manufacturers to those standards have been very effective in increasing vehicle fuel efficiency, resulting in a doubling of the passenger car fleet fuel economy between 1975 and the present. However, current law does not require improvement above a standard of 27.5 miles per gallon which became effective in 1985. [<-Struck out] [Struck out->] (10) Light trucks were an insignificant part of the passenger vehicle market when CAFE standards were enacted in 1975, and have not been subjected to strict, legislatively established, CAFE standards. As a result, there have been few major technological changes related to fuel efficiency in the standard size light trucks since 1982, and fuel economy in some light truck models has actually declined between 1982 and 1986. Light trucks have become increasingly popular for passenger use, and such vehicles now account for approximately one-third of new passenger vehicle sales. [<-Struck out] [Struck out->] (11) The Office of Technology Assessment and the Department of Energy agree that increased fuel efficiency is possible utilizing currently available technology and without significant changes in the size mix or performance of the fleet. Using conventional technologies, it is estimated that the fuel economy of the entire new care fleet could range from thirty-three to thirty-eight miles per gallon by 1995. [<-Struck out] [Struck out->] (12) Over the long term, by utilizing technology currently in production or in prototype, additional increases in fleet fuel economy beyond 1995 estimates are achievable, from forty miles per gallon to as high as sixty miles per gallon in the next decade. [<-Struck out] [Struck out->] (12) Gasoline prices currently are lower in real dollars then they have been since the early 1970's. Since there is at least some correlation between gasoline prices and consumer demand for fuel efficient vehicles, it is unlikely that the market alone will achieve significant improvement in fuel economy. [<-Struck out] [Struck out->] (13) Increased CAFE standards are, therefore, both reasonable and necessary to ensure that improvements in fuel efficiency continue in furtherance of the dual goals of the Nation's energy security and decreased carbon dioxide emissions. [<-Struck out] [Struck out->] AVERAGE FUEL ECONOMY STANDARDS [<-Struck out] [Struck out->] SEC. 3. (a) Section 502(a) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2002(a)) is amended by striking: [<-Struck out] [Struck out->] `1985 and thereafter [<-Struck out] [Struck out->] 27.5.' [<-Struck out] [Struck out->] and inserting in lieu thereof the following: [<-Struck out] [Struck out->] `1985 through 1994 [<-Struck out] [Struck out->] 27.5 [<-Struck out] [Struck out->] 1995 and thereafter [<-Struck out] [Struck out->] As provided in accordance with section 514 of this Act.'. [<-Struck out] [Struck out->] (b) Section 502(a)(4) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2002(a)(4)) is amended by striking `The Secretary' and inserting in lieu thereof `Except in the case of standards established by section 514 and 515, the Secretary'. [<-Struck out] [Struck out->] LIGHT TRUCKS [<-Struck out] [Struck out->] SEC. 4. Section 502(b) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2002(b)) is amended by inserting `and which ends before model year 1995' immediately after `after the date of enactment of this title'. [<-Struck out] [Struck out->] EXEMPTIONS FOR LIMITED PRODUCTION [<-Struck out] [Struck out->] SEC. 5. Section 502(c)(1) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2002(c)(1)) is amended-- [<-Struck out] [Struck out->] (1) by striking `passenger' each place it appears; [<-Struck out] [Struck out->] (2) by inserting `or subsection (b) or section 514 or 515' immediately before the period at the end of the first sentence; and [<-Struck out] [Struck out->] (3) by inserting `subsection (b) or sections 514 and 515' immediately before `is more stringent'. [<-Struck out] [Struck out->] EMERGENCY VEHICLES [<-Struck out] [Struck out->] SEC. 6. Section 502(g)(1) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2002(g)(1)) is amended by inserting `or section 514 or 515' immediately before the period at the end of the first sentence. [<-Struck out] [Struck out->] CONSULTATION [<-Struck out] [Struck out->] SEC. 7. Section 502(i) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2002(i) is amended by inserting `or sections 514 and 515' immediately before the period in the first sentence. [<-Struck out] [Struck out->] NOTIFICATION [<-Struck out] [Struck out->] SEC. 8. Section 502(j) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2002(j)) is amended by inserting `or sections 514 and 515' immediately before `or any modification'. [<-Struck out] [Struck out->] NEW STANDARDS [<-Struck out] [Struck out->] SEC. 9. (a) Title V of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2001 et seq.) is amended by adding at the end of the following new sections: [<-Struck out] [Struck out->] `PASSENGER AUTOMOBILES [<-Struck out] [Struck out->] `SEC. 514. Notwithstanding any other provision of this Act, the average fuel economy for passenger automobiles manufactured by any manufacturer in model year 1995 and each model year thereafter shall not be less than the number of miles per gallon established for such model year pursuant to the following: [<-Struck out] [Struck out->] `Model year: [<-Struck out] -- [Struck out->][<-Struck out] [Struck out->] `1995 through 2000 [<-Struck out] [Struck out->] For each such manufacturer, the average fuel economy required shall be an amount determined by the Secretary to be equal to the average fuel economy achieved by that manufacturer for passenger automobiles in model year 1988, plus an amount equal to 20 percent (as measured in miles per gallon) of such average fuel economy achieved for model year 1988; except that such standard shall not be less than 27.5 miles per gallon and shall not exceed forty miles per gallon. [<-Struck out] [Struck out->] `2001 and thereafter [<-Struck out] [Struck out->] For each such manufacturer, the average fuel economy required shall be an amount determined by the Secretary to be equal to the average fuel economy achieved by that manufacturer for passenger automobiles in model 1988, plus an amount equal to 40 percent (as measured in miles per gallon) of such average fuel economy achieved for model year 1988; unless such standard is modified under section 516; except that such standard shall not be less than 27.5 miles per gallon and shall not exceed forty-five miles per gallon. [<-Struck out] [Struck out->] `AUTOMOBILES OTHER THAN PASSENGER AUTOMOBILES [<-Struck out] [Struck out->] `SEC. 515. Notwithstanding any other provision of this Act, commencing with model year 1995 and each model year thereafter, the average fuel economy for passenger automobiles other than passenger automobiles manufactured by any manufacturer in any such model year shall not be less than the number of miles per gallon established for such model year pursuant to the following: [<-Struck out] [Struck out->] `Model year: [<-Struck out] -- [Struck out->][<-Struck out] [Struck out->] `1995 through 2000 [<-Struck out] [Struck out->] For each such manufacturer, the average fuel economy required shall be an amount determined by the Secretary to be equal to the average fuel economy achieved by that manufacturer for light trucks in model year 1988, plus an amount equal to 20 percent (as measured in miles per gallon) of such average fuel economy achieved for model year 1988; except that such standard shall not be less than twenty miles per gallon and shall not exceed thirty miles per gallon. [<-Struck out] [Struck out->] `2001 and thereafter [<-Struck out] [Struck out->] For each such manufacturer, the average fuel economy required shall be an amount determined by the Secretary to be equal to the average fuel economy achieved by that manufacturer in model 1988, plus an amount equal to 40 percent (as measured in miles per gallon) of such average fuel economy achieved for model year 1988; unless such standard is modified under section 516; except that such standard shall not be less than twenty miles per gallon and shall not exceed thirty-five miles per gallon. [<-Struck out] [Struck out->] `MODIFICATIONS OF STANDARDS [<-Struck out] [Struck out->] `SEC. 516. (a) Any time after the beginning of fiscal year 1995, any person may petition the Secretary to modify any average fuel economy standard established under this Act for model year 2001 and thereafter. In response to such a petition, the Secretary may increase or decrease such standard to the level which the Secretary determines is the maximum feasible average fuel economy for the relevant model year (taking into consideration the factors listed in section 502(e)), except that the Secretary shall not reduce any such standard below a standard equal to a 30 percent increase over the average fuel economy achieved by the manufacturer involved for the applicable type (or class) of vehicles for model year 1988. Any such petition shall be filed at least twelve months in advance of the model year to which it is applicable. Upon receipt of such a petition, the Secretary shall conduct a rulemaking proceeding, which shall be conducted in accordance with the following procedure: [<-Struck out] [Struck out->] `(1) The Secretary-- [<-Struck out] [Struck out->] `(A) shall publish an advance notice of proposed rulemaking which specifies the type (or class) of vehicles to which the rule may apply; [<-Struck out] [Struck out->] `(B) shall invite interested persons to submit, within sixty days after the date of publication of such advance notice, written presentations of data, views, and arguments in response to such notice; and [<-Struck out] [Struck out->] `(C) may identify proposed or amended standards that may be prescribed. [<-Struck out] [Struck out->] `(2) A proposed rule which prescribes an amended average fuel economy standard, or prescribes no amended standard, for a type (or class) of vehicles shall be published in the Federal Register. In prescribing any such proposed rule with respect to a standard, the Secretary shall consider the four factors listed in section 502(e) and shall determine the maximum improvement in energy efficiency or maximum reduction in energy use that is technologically feasible for each type (or class) of vehicles. If such standard is not designed to achieve such maximum improvement or maximum reduction, the Secretary shall state in the proposed rule the reasons therefor. [<-Struck out] [Struck out->] `(3) After the publication of the proposed rulemaking, the Secretary shall afford interested persons an opportunity, during a period of not less than sixty days, to comment on matters relating to the proposed rule. [<-Struck out] [Struck out->] `(4) A final rule prescribing an amended average fuel economy standard, or prescribing no amended standard, for a type (or class) of vehicles shall be published as soon as is practicable, but not less than one hundred and twenty days, after publication of the proposed rule in the Federal Register. [<-Struck out] [Struck out->] `(b) In determining the maximum feasible average fuel economy during a rulemaking proceeding under this section, the Secretary shall evaluate the economic practicability of the standard, considering-- [<-Struck out] [Struck out->] `(1) the economic impact of the standard on the manufacturers and on the consumers of the vehicles subject to such standard; [<-Struck out] [Struck out->] `(2) the savings in operating costs throughout the estimated average life of the vehicle in the type (or class) compared to any increase in the price of, or in the initial charges for, or maintenance expenses of, the vehicles which are likely to result from the imposition of the standard; [<-Struck out] [Struck out->] `(3) the total projected amount of energy savings likely to result directly from the imposition of the standard; [<-Struck out] [Struck out->] `(4) any lessening of the utility or the performance of the vehicles likely to result from the imposition of the standard; [<-Struck out] [Struck out->] `(5) the impact of any lessening of competition or any change in foreign trade that is likely to result from the imposition of the standard; [<-Struck out] [Struck out->] `(6) the need for reducing carbon dioxide emissions to mitigate the global greenhouse warming, as well as reducing other environmentally damaging energy-related pollutants; [<-Struck out] [Struck out->] `(7) the need for national energy conservation; and [<-Struck out] [Struck out->] `(8) other factors the Secretary considers relevant.'. [<-Struck out] [Struck out->] FUEL ECONOMY TESTING [<-Struck out] [Struck out->] SEC. 10. (a) The Administrator of the Environmental Protection Agency shall conduct a study on the accuracy of fuel economy testing of passenger automobiles by the Administrator performed in accordance with procedures in effect as of the date of enactment of this Act, as compared to the actual performance of such automobiles when driven by average drivers under average driving conditions in the United States. In the course of such study, the Administrator shall, for each model type and year-- [<-Struck out] [Struck out->] (1) measure the fuel economy of a sampling of production passenger automobiles during the first month of manufacture for sale; and [<-Struck out] [Struck out->] (2) repeat, over a period of years to be determined by the Secretary of Transportation, the measurements and calculations under section 503(d)(1) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2003(d)(1)), for purposes of monitoring automobile performance in use to determine the extent, if any, of decline in fuel economy after such use. [<-Struck out] [Struck out->] (b) The Administrator shall, within twelve months after the date of enactment of this Act and annually thereafter, submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the results of the study required by subsection (a) of this section. The report shall include-- [<-Struck out] [Struck out->] (1) a comparison between (A) fuel economy measured, for each model in the applicable model year, through testing procedures in effect as of the date of enactment of this Act and (B) fuel economy measured in accordance with subsection (a)(1) of this section; [<-Struck out] [Struck out->] (2) a statement on any decline in fuel economy determined through repeat measurements and calculations under subsection (a)(2) of this section; and [<-Struck out] [Struck out->] (3) any recommendations for legislative or other action. [<-Struck out] [Struck out->] (c) To the maximum extent practicable, the Administrator shall, in carrying out measurements under subsection (a) (1) and (2) of this section, simulate average drivers and average driving conditions in the United States. [<-Struck out] [Struck out->] (d) As used in this section, the term `production passenger automobile' means a passenger automobile manufactured for sale. [<-Struck out] [Struck out->] EXPLANATORY BOOKLET DISTRIBUTED BY SECRETARY OF ENERGY [<-Struck out] [Struck out->] SEC. 11. (a)(1) Paragraph (1) of section 506(b) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2006(b)) is amended by adding at the end the following new sentence: `The Secretary of Energy shall distribute no less than one hundred booklets each year to each dealer and shall distribute as many in addition to one hundred booklets as are reasonably requested by dealers from time to time.'. [<-Struck out] [Struck out->] (2) The amendment made by paragraph (1) of this subsection shall apply to the twelve-month period beginning on the first day of the first month after the date of enactment of this Act and corresponding twelve-month periods thereafter. [<-Struck out] [Struck out->] (b) Section 506(e) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2006(e)) is amended by striking `Federal Energy Administrator' and inserting in lieu thereof `Secretary of Energy'. [<-Struck out] [Struck out->] STUDY [<-Struck out] [Struck out->] SEC. 12. (a) The Secretary of Transportation shall provide for a review to be undertaken by the National Academy of Sciences, in consultation with vehicle manufacturers, representatives of environmental and consumer groups, appropriate State and local officials, and representatives of labor, of the current state of research and development in light truck fuel economy and passenger automobile fuel economy and an assessment of the remaining potential for improving the fuel efficiency and reducing the energy consumption of passenger automobiles and light trucks. The assessment shall include all aspects of vehicle design, including engines, drive train, component parts, auto body, tires, and any other aspect contributing to the reduction of energy consumption. The National Academy shall, not later than two years after the date of enactment of this Act, submit a report to the Congress on the results of the review and assessment and in the report recommend research and development priorities that could result in the commercialization of fuel economy technology through the early years of the next century. The National Academy shall update the report every five years, beginning not later than seven years after the date of enactment of this Act, and shall submit each updated report to Congress. [<-Struck out] [Struck out->] (b) As used in this section, `passenger automobile' and `light truck' have the meaning given those terms under section 501 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2001), as amended by this section 4 of this Act. [<-Struck out] [Struck out->] REPEATED VIOLATIONS OF AVERAGE FUEL ECONOMY STANDARD [<-Struck out] [Struck out->] SEC. 13. (a) Section 508(b)(1) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2008(b)(1)) is amended by adding at the end the following new subparagraph: [<-Struck out] [Struck out->] `(C) Any civil penalty assessed under this subsection for a violation of section 507(a) (1) or (2) in model year 1995 or thereafter against a manufacturer shall be doubled if-- [<-Struck out] [Struck out->] `(i) the manufacturer violated section 507(a) (1) or (2) in the two model years immediately preceding the model year involved in the assessment; and [<-Struck out] [Struck out->] `(ii) during each of such preceding years and the year involved in the assessment, the applicable average fuel economy standard exceeded the average fuel economy of the vehicles manufactured by such manufacturer by five-tenths of a mile per gallon or more.'. [<-Struck out] [Struck out->] (b) Section 507(a)(1) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2007(a)(1)) is amended by inserting `including sections 514 and 515,' immediately after `section 502(b)),'. [<-Struck out] That this Act may be cited as the `Motor Vehicle Fuel Efficiency Act of 1990'. FINDINGS SEC. 2. The Congress finds and declares the following: (1) Improved efficiency in the consumption of petroleum is vitally important, not only because the worldwide supply is finite, but because the increasing dependence of the United States on foreign oil is a threat to our national security and adversely affects the trade balance. (2) The light duty vehicle fleet is a significant user of oil, accounting for about 39 percent of United States oil consumption. (3) Improvements in vehicle fuel efficiency between 1973 and 1987 amounted to a savings of 1.8 million barrels of oil per day and a savings to drivers of close to $30 billion. Conversely, the rollback of the corporate average fuel economy (CAFE) standard for the 1989 model year, from 27.5 miles per gallon to 26.5 miles per gallon, is expected to result in increased consumption of 900 million gallons of fuel over the life of the 1989 vehicles. (4) Emissions of carbon dioxide, including those from the light duty vehicle fleet, contribute substantially to increased retention of heat in the Earth's atmosphere and may cause long term global warming and disruption of climate-dependent activities. (5) The United States, with only 5 percent of the world's population, is responsible for 20 percent of world carbon dioxide emissions. United States carbon dioxide emissions from gasoline alone are greater than the carbon dioxide emissions from all sources in each of the following countries and areas of the world: Latin America, Japan, the Middle East, West Germany, South and Southeast Asia, the United Kingdom, Africa, and France. (6) The transportation sector is responsible for 31 percent of carbon dioxide emissions in the United States. Each gallon of gasoline burned results in the emission of 19.7 pounds of carbon dioxide. (7) The rollback of the CAFE standard for the 1989 model year is projected to result in 9 million tons of additional carbon dioxide emissions during the life of the 1989 vehicles. (8) Increased numbers of vehicles and vehicle miles traveled in the United States will necessitate a 3 percent annual increase in fuel efficiency merely to hold future carbon dioxide emissions at current levels. Therefore, substantial improvements in vehicle fuel efficiency will be needed to reduce these emissions. (9) CAFE standards and the successful response of automobile manufacturers to those standards have been very effective in increasing vehicle fuel efficiency, resulting in a doubling of the passenger car fleet fuel economy between 1975 and the present. However, current law does not require improvement above a standard of 27.5 miles per gallon which became effective in 1985. In recent years, the average fuel economy of the fleets of certain manufacturers has actually declined. (10) Light trucks were an insignificant part of the passenger vehicle market when CAFE standards were enacted in 1975, and have not been subjected to strict, legislatively-established, CAFE standards. As a result, there have been few major technological changes related to fuel efficiency in the standard size light trucks since 1982, and fuel economy in some light truck models has actually declined between 1982 and 1986. Light trucks have become increasingly popular for passenger use, and such vehicles now account for approximately one-third of new passenger vehicle sales. (11) The Office of Technology Assessment and the Department of Energy agree that increased fuel efficiency is possible utilizing currently available technology and without significant changes in the size mix or performance of the fleet. With maximum use of conventional technologies, it is estimated by various experts that the fuel economy of the entire new car fleet could range from 33 to 38 miles per gallon by 1995. (12) Over the long term, by utilizing technology currently in production or in prototype, additional increases in fleet fuel economy beyond 1995 estimates are achievable, from 40 miles per gallon to as high as 60 miles per gallon in the next decade. (13) Gasoline prices currently are lower in real dollars than they have been since the early 1970s. Since there is at least some correlation between gasoline prices and consumer demand for fuel efficient vehicles, it is unlikely that the market alone will achieve significant improvement in fuel economy. (14) An increase in fuel efficiency in the light duty vehicle fleet of 20 percent by 1995 and 40 percent by 2001 would save 49.1 billion gallons of fuel between 1995 and 2001. This level of improvement also would reduce carbon dioxide emissions by 483.5 million tons between 1995 and 2001. (15) Use of a percentage improvement requirement is the only legislative approach currently available that assures achievement of the environmental and energy security goals to be served by a fuel efficiency standard. Such an approach ensures that each manufacturer is required to achieve significant improvement in fuel efficiency. By contrast, use of the same numerical standards for all manufacturers provides no incentive for manufacturers of primarily small vehicles to improve the fuel efficiency of those vehicles, and in effect establishes no standard for such manufacturers. The separate size or weight class standards presently available do not, standing alone, prohibit increases in the size and weight of the fleet as a whole, and so do not ensure that fuel savings will actually result from such standards. (16) Increased CAFE standards that require all manufacturers to improve by the same percentage are, therefore, both reasonable and necessary to ensure that improvements in fuel efficiency continue, in furtherance of the dual goals of the Nation's energy security and decreased carbon dioxide emissions. AVERAGE FUEL ECONOMY STANDARDS SEC. 3. (a) Section 502(a)(1) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2002(a)(1)) is amended by striking: `1985 and thereafter 27.5.' and inserting in lieu thereof the following: `1985 through 1994 27.5 1995 and thereafter As provided in accordance with section 514 of this Act.'. (b) Section 502(a)(4) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2002(a)(4)) is amended by striking `The Secretary' and inserting in lieu thereof `Except in the case of standards established by section 514, the Secretary'. LIGHT TRUCKS SEC. 4. Section 502(b) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2002(b)) is amended by inserting `and which ends before model year 1995' immediately after `after the date of enactment of this title'. EXEMPTIONS FOR LIMITED PRODUCTION SEC. 5. Section 502(c)(1) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2002(c)(1)) is amended-- (1) by striking `passenger' each place it appears; (2) by inserting `or (b), or section 514 or 515' immediately before the period at the end of the first sentence; and (3) by inserting `or (b), or section 514 or 515,' immediately before `is more stringent'. EMERGENCY VEHICLES SEC. 6. Section 502(g)(1) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2002(g)(1)) is amended by inserting `or section 514 or 515' immediately before the period at the end of the first sentence. CONSULTATION SEC. 7. Section 502(i) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2002(i)) is amended by inserting `and sections 514 and 515' immediately before the period in the first sentence. NOTIFICATION SEC. 8. Section 502(j) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2002(j)) is amended by inserting `and sections 514 and 515' immediately before `or any modification'. NEW STANDARDS SEC. 9. (a) Title V of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2001 et seq.) is amended by adding at the end the following new sections: `PASSENGER AUTOMOBILES `SEC. 514. Notwithstanding any other provision of this Act, the average fuel economy for passenger automobiles manufactured by any manufacturer in model year 1995 and each model year thereafter shall not be less than the number of miles per gallon established for such model year pursuant to the following: `Model year: `1995 through 2000 For each such manufacturer, the average fuel economy required shall be an amount determined by the Secretary to be equal to the average fuel economy achieved by that manufacturer for passenger automobiles in model year 1988, plus an amount equal to 20 percent (as measured in miles per gallon) of such average fuel economy achieved for model year 1988; except that such standard shall not be less than 27.5 miles per gallon and shall not exceed 40 miles per gallon. `2001 and thereafter For each such manufacturer, the average fuel economy required shall be an amount determined by the Secretary to be equal to the average fuel economy achieved by that manufacturer for passenger automobiles in model year 1988, plus an amount equal to 40 percent (as measured in miles per gallon) of such average fuel economy achieved for model year 1988, unless such standard is modified under section 516; except that such standard shall not be less than 33 miles per gallon and shall not exceed 45 miles per gallon. `AUTOMOBILES OTHER THAN PASSENGER AUTOMOBILES `SEC. 515. Notwithstanding any other provision of this Act, commencing with model year 1995 and each model year thereafter, the average fuel economy for automobiles other than passenger automobiles manufactured by any manufacturer in any such model year shall not be less than the number of miles per gallon established for such model year pursuant to the following: `Model year: `1995 through 2000 For each such manufacturer, the average fuel economy required shall be an amount determined by the Secretary to be equal to the average fuel economy achieved by that manufacturer for light trucks in model year 1988, plus an amount equal to 20 percent (as measured in miles per gallon) of such average fuel economy achieved for model year 1988; except that such standard shall not be less than 20 miles per gallon and shall not exceed 30 miles per gallon. `2001 and thereafter For each such manufacturer, the average fuel economy required shall be an amount determined by the Secretary to be equal to the average fuel economy achieved by that manufacturer in model year 1988, plus an amount equal to 40 percent (as measured in miles per gallon) of such average fuel economy achieved for model year 1988, unless such standard is modified under section 516; except that such standard shall not be less than 24 miles per gallon and shall not exceed 35 miles per gallon. `MODIFICATIONS OF STANDARDS `SEC. 516. (a) Any time after the beginning of fiscal year 1995, the Secretary may modify any average fuel economy standard established under this Act for model year 2001 and thereafter in accordance with this section. In response to a petition from any person that is filed at least 12 months in advance of the model year to which it is applicable, the Secretary shall conduct a rulemaking proceeding to determine whether to increase or decrease such standard to the level which the Secretary determines is the maximum feasible average fuel economy for that model year (taking into consideration the factors listed in section 502(e) and the need to reduce carbon dioxide emissions), except that the Secretary shall not reduce any such standard below a standard equal to a 30-percent increase over the average fuel economy achieved by the manufacturer involved for the applicable type (or class) of vehicles for model year 1988. The Secretary may also conduct such a rulemaking on the Secretary's initiative. `(b) In determining the maximum feasible average fuel economy during a rulemaking proceeding under this section, the Secretary shall weigh equally each factor listed in section 502(e) and the need to reduce carbon dioxide emissions. In evaluating the economic practicability of the standard, the Secretary shall consider-- `(1) the economic impact of the standard on the manufacturers and on the consumers of the vehicles subject to such standard; `(2) the savings in operating costs throughout the estimated average life of the vehicle compared to any increase in the price of, or in the initial charges for, or maintenance expenses of, the vehicles which are likely to result from the imposition of the standard; `(3) the total projected amount of energy savings likely to result directly from the imposition of the standard and the economic impact of such energy savings; `(4) any lessening of the utility or the performance of the vehicles likely to result from the imposition of the standard; `(5) the impact of any lessening of competition or any change in foreign trade that is likely to result from the imposition of the standard; `(6) the total projected amount of reduction in carbon dioxide emissions and the economic impact of such reduction; and `(7) other factors the Secretary considers relevant.'. (b)(1) Section 503(a)(1) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2003(a)(1)) is amended by inserting `and section 514' immediately after `and (c)'. (2) Section 503(a)(2) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2003(a)(2)) is amended by adding at the end the following: `Average fuel economy for purposes of section 515 shall be calculated in accordance with rules of the EPA Administrator that are based upon the method required in paragraph (1) for calculation of average fuel economy of passenger automobiles.'. FUEL ECONOMY TESTING SEC. 10. (a) The Administrator of the Environmental Protection Agency shall conduct-- (1) an ongoing examination of the accuracy of fuel economy testing of passenger automobiles and light trucks by the Administrator performed in accordance with procedures in effect as of the date of enactment of this Act, as compared to the actual performance of such passenger automobiles and light trucks when driven by average drivers under average driving conditions in the United States; and (2) an assessment of the extent to which fuel economy deteriorates during the life of such passenger automobiles and light trucks. Information on actual performance may be obtained through a survey of current vehicle owners. (b) The Administrator shall, within 12 months after the date of enactment of this Act and annually thereafter, submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the results of the study required by subsection (a) of this section. The report shall include-- (1) a comparison between (A) fuel economy measured, for each model in the applicable model year, through testing procedures in effect as of the date of enactment of this Act and (B) fuel economy of such passenger automobiles and light trucks during actual on-road performance, as determined under subsection (a) of this section; (2) a statement of the percentage difference, if any, between actual on-road fuel economy and fuel economy measured by test procedures of the Environmental Protection Administration; and (3) any recommendations for legislative or other action. EXPLANATORY BOOKLET DISTRIBUTED BY SECRETARY OF ENERGY SEC. 11. (a)(1) Paragraph (1) of section 506(b) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2006(b)) is amended by adding at the end the following new sentence: `The Secretary of Energy shall distribute no less than 100 booklets each year to each dealer and shall distribute as many in addition to 100 booklets as are reasonably requested by dealers from time to time.'. (2) The amendment made by paragraph (1) of this subsection shall apply to the 12-month period beginning on the first day of the first month after the date of enactment of this Act and corresponding 12-month periods thereafter. (b) Section 506(e) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2006(e)) is amended by striking `Federal Energy Administrator' and inserting in lieu thereof `Secretary of Energy'. STUDIES SEC. 12. (a) The Secretary of Transportation shall provide for a review to be undertaken by the National Academy of Sciences, in consultation with vehicle manufacturers, representatives of environmental and consumer groups, appropriate State and local officials, and representatives of labor, of the current state of research and development in light truck fuel economy and passenger automobile fuel economy and an assessment of the remaining potential for improving the fuel efficiency and reducing the energy consumption of passenger automobiles and light trucks. The assessment shall include all aspects of vehicle design, including engines, drive train, component parts, auto body, tires, and any other aspect contributing to the reduction of energy consumption. The National Academy shall, not later than 2 years after the date of enactment of this Act, submit a report to the Congress on the results of the review and assessment and in the report recommend research and development priorities that could result in the commercialization of fuel economy technology through the early years of the next century. The National Academy shall update the report every 5 years, beginning not later than 7 years after the date of enactment of this Act, and shall submit each updated report to the Congress. (b) The Secretary of Energy, in consultation with the Secretary of Transportation and the Administrator of the Environmental Protection Agency, shall undertake a study of future options for regulating the fuel efficiency of passenger automobiles and light trucks beyond the year 2001. Such study shall utilize the results of the review and assessment required by subsection (a), and shall examine alternative forms of fuel economy regulations. The study shall determine-- (1) the ability of each regulatory strategy to ensure continued future fleet fuel economy improvements; (2) the economic efficiency of each such strategy; and (3) the impact of each such strategy on the competitiveness of the United States economy. The Secretary of Energy shall, not later than 3 years after the date of enactment of this Act, submit a report to the Congress on the results of the study required by this subsection. REPEATED VIOLATIONS OF AVERAGE FUEL ECONOMY STANDARD SEC. 13. (a) Section 508(b)(1) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2008(b)(1)) is amended by adding at the end the following new subparagraph: `(C) Any civil penalty assessed under this subsection for a violation of section 507(a)(1) or (2) in model year 1995 or thereafter against a manufacturer shall be doubled if-- `(i) the manufacturer violated section 507(a) (1) or (2) in the two model years immediately preceding the model year involved in the assessment; and `(ii) during each of such preceding years and the year involved in the assessment, the applicable average fuel economy standard exceeded the average fuel economy of the vehicles manufactured by such manufacturer by five-tenths of a mile per gallon or more.'. (b) Section 507(a)(1) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2007(a)(1)) is amended by inserting `and section 514' immediately after `section 502(b))'. (c) Section 507(a)(2) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2007(a)(2)) is amended by striking `section 502(b)' and inserting in lieu thereof `sections 502(b) and 515'. AIRBAG CREDIT FOR SMALL PASSENGER AUTOMOBILES SEC. 14. (a) Section 503(a) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2003(a)) is amended-- (1) in paragraph (1) by inserting `, subject to paragraph (4),' immediately before `be calculated'; and (2) by adding at the end the following new paragraph: `(4)(A) If a manufacturer manufactures small passenger automobiles which comply with Federal Motor Vehicle Safety Standard Number 208 by means of airbags for the driver seating position only or for both the driver and front seat outboard seating positions, average fuel economy for purposes of section 502(a) and (c) shall be calculated as provided under subsection (a)(1), except that in the calculation of the sum of terms under subsection (a)(1)(B) the term applicable to any model type of small passenger automobile for which there are automobiles so equipped with airbags shall be determined by adding-- `(i) the fraction that is created by dividing the number of small passenger automobiles of such model type that are equipped with airbags for the driver seating position only, by 105 percent of the fuel economy measured for such model type, `(ii) the fraction that is created by dividing the number of small passenger automobiles of such model type that are equipped with airbags for both the driver and outboard front seating positions, by 110 percent of the fuel economy measured for such model type, and `(iii) the fraction that is created by dividing the number of small passenger automobiles of such model type that are not so equipped, by the fuel economy measured for such model type. `(B) For purposes of this paragraph, the term `small passenger automobile' means a passenger automobile with a wheel base of less than 100 inches whose measured fuel economy is at least 35 miles per gallon.'. (b) Section 502(e) of the Motor Vehicle Information and Costs Savings Act (15 U.S.C. 2002(e)) is amended by adding at the end the following: `In determining maximum feasible average fuel economy, the Secretary shall not consider the alternative calculation for airbag-equipped passenger automobiles under section 503(a)(4).'. DEFINITIONS SEC. 15. As used in this Act, `passenger automobile' has the meaning given that term under section 501 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2001) and `light truck' shall have such meaning as the Secretary of Transportation prescribes. S 1224 RS----2 S 1224 RS----3
Introduced in Senate
Read twice and referred to the Committee on Commerce.
Subcommittee on Consumer. Hearings held. Hearings printed: S.Hrg. 101-347.
Committee on Commerce. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Commerce. Reported to Senate by Senator Hollings with an amendment in the nature of a substitute. With written report No. 101-329. Minority views filed.
Committee on Commerce. Reported to Senate by Senator Hollings with an amendment in the nature of a substitute. With written report No. 101-329. Minority views filed.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 603.
Star Print ordered Report 101-329.
Motion to proceed to consideration of measure made in Senate.
Cloture motion on the motion to proceed presented in Senate.
Motion to proceed to consideration of measure withdrawn in Senate.
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Cloture on the motion to proceed invoked in Senate by Yea-Nay Vote. 68-28. Record Vote No: 235.
Roll Call #235 (Senate)Cloture motion on the motion to proceed to consideration of measure withdrawn by unanimous consent in Senate.
Cloture vote ordered on the Committee substitute.
Measure laid before Senate.
Considered by Senate.
Cloture on the Committee substitute not invoked in Senate by Yea-Nay Vote. 57-42. Record Vote No: 248.
Roll Call #248 (Senate)Returned to the Calendar. Calendar No. 603.