S 357

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A bill to improve passenger automobile fuel economy and safety, reduce greenhouse gas emissions, reduce dependence on foreign oil, and for other purposes.
Sponsor: Dianne Feinstein (D) CA
 
Status: Active
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Summary:
4/7/2008--Reported to Senate amended. Title I: Corporate Average Fuel Economy Standards - Ten-in-Ten Fuel Economy Act - (Sec. 102) Amends federal transportation law to instruct the Secretary of Transportation to prescribe average fuel economy standards for automobiles, medium-duty trucks, and heavy-duty trucks for model years 2011-2030. Provides for increased average fuel economy standards for medium-duty trucks and heavy-duty trucks through 2030. Requires the Secretary to prescribe average fuel economy standards for automobiles beginning in model year 2011 that achieve a combined fuel economy standard for model year 2020 of at least 35 miles per gallon, with at least a four percent greater average fuel economy standard than the standard for the previous model year required for each of model years 2021-2030. (Sec. 103) Authorizes the Secretary to prescribe a lower model year fuel economy standard for automobiles, medium-duty trucks, or heavy-duty trucks if clear and convincing evidence shows the prescribed standard is not cost-effective. Revises requirements for the Secretary's considerations when deciding maximum feasible average fuel economy to include: (1) environmental impacts; (2) economic security; (3) the impact of oil or energy intensity of the U.S. economy on its sensitivity to oil and other fuel price changes; (4) national security; (5) the uninternalized costs of pipeline and storage oil seepage, and the risk of oil spills; and (6) the emissions of pollutants, including greenhouse gases, over the lifecycle of the fuel and the resulting costs to human health, the economy, and the environment. Requires the Secretary to ensure that each standard is the highest one that is technologically achievable (as under current law), cost-effective, not less than the standard for the same class of vehicles from any prior year, and achievable also without materially reducing the overall safety of automobiles, medium-duty trucks, and heavy-duty trucks manufactured or sold in the United States. (Sec. 105) Requires the Secretary to issue a motor vehicle safety standard that addresses better management of crash forces in multiple vehicle frontal and side impact crashes between different types, sizes, and weights of automobiles with a gross vehicle weight of 10,000 pounds or less in order to decrease occupant deaths and injuries. (Sec. 106) Authorizes the Secretary to establish a corporate average fuel economy (CAFE) credit trading program that allows manufacturers whose automobiles exceed prescribed CAFE standards to earn credits to be sold to manufacturers whose automobiles fail to achieve such standards. (Sec. 107) Revises fuel economy labeling information requirements to include fuel economy and greenhouse gas and other emissions consequences of operation of an automobile (green label). Directs the Administrator of the Environmental Protection Administration (EPA) to implement a green label consumer education program. Requires the Secretary to establish a Fuelstar Program allowing manufacturers to post on fuel economy labels: (1) a green star for meeting the average fuel economy standard, plus an additional green star for each two miles per gallon by which such standard is exceeded; and (2) a gold star for attaining a fuel economy of at least 50 miles per gallon. (Sec. 109) Directs the Secretary to execute an agreement with the National Academy of Sciences (NAS) to develop a report evaluating vehicle fuel economy standards. (Sec. 110) Modifies standards governing federal executive agency automobiles to require the head of a federal executive agency to ensure that each new automobile procured by the agency is as fuel efficient as practicable. Requires the Administrator of the General Services Administration (GSA) to evaluate and report to Congress on the efforts of executive agency heads to comply with this fuel efficiency requirement for FY2009. Repeals the requirement that the President prescribe regulations that require passenger automobiles leased for at least 60 consecutive days or bought by executive agencies in a fiscal year to achieve a specified minimum fleet average fuel economy. (Sec. 111) Requires the manufacture each model year of increasing percentages of flexible fuel automobiles (capable of operating on gasoline or diesel fuel). (Sec. 112) Instructs the Secretary to prescribe regulations that require the manufacturer of automobiles for sale in the United States to: (1) display prominently on each automobile a permanent badge or emblem that indicates it is capable of operating on alternative fuel; and (2) include related information in the owner's manual. (Sec. 113) Requires the Secretary to reevaluate every five years and report to Congress on the accuracy of fuel economy labeling procedures. (Sec. 114) Directs the Secretary to promulgate rules establishing a national tire fuel efficiency consumer information program for tires designed for use on motor vehicles. Sets forth a civil penalty for any person who fails to comply with such program. (Sec. 115) Instructs the Secretary to: (1) implement an Advanced Battery Initiative to support research, development, demonstration, and commercial application of battery technologies through competitively-awarded grants; and (2) select an Industry Alliance to represent private, for-profit firms whose primary business is the manufacture of batteries. Authorizes appropriations for FY2008-FY2012. (Sec. 116) Directs the President to promulgate standards for biodiesel blend sold or introduced into commerce in the United States. (Sec. 117) Instructs the Secretary of the Treasury to transfer civil penalties obtained through legal actions to enforce this Act: (1) 50% to the Secretary to carry out a program of research and development into fuel-saving automotive technologies; and (2) 50% to the Energy Security Fund. (Sec. 118) Establishes the Energy Security Fund to implement the Alternative Fuels Grant Program, which the Secretary of Energy, acting through the Department of Energy (DOE) Clean Cities Program, shall establish to expand the availability of alternative fuels to consumers. (Sec. 119) Authorizes appropriations for FY2009-FY2021 to carry out automobile fuel economy programs. Title II: Price Gouging - Petroleum Consumer Price Gouging Protection Act - (Sec. 203) Declares it unlawful for suppliers to sell crude oil, gasoline, or petroleum distillates at unconscionably excessive prices during any period declared by the President to be an energy emergency. (Sec. 204) Declares unlawful any: (1) direct or indirect market manipulation or deception in connection with the wholesale purchase or sale of crude oil, gasoline, or petroleum distillates; or (2) reporting of false information regarding such products. (Sec. 206) Sets forth conditions of supply shortages under which the President is authorized to declare that a federal energy emergency exists. (Sec. 207) Empowers both the Federal Trade Commission (FTC) and state Attorneys General to enforce this Act. (Sec. 209) Prescribes civil and criminal penalties for violations of this title.
 
Text of Legislation:

S 357 IS

111th CONGRESS

1st Session

S. 357

To allow for certiorari review of certain cases denied relief or review by the United States Court of Appeals for the Armed Forces.

IN THE SENATE OF THE UNITED STATES

January 30, 2009

Mrs. FEINSTEIN (for herself, Mr. SPECTER, and Mr. FEINGOLD) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To allow for certiorari review of certain cases denied relief or review by the United States Court of Appeals for the Armed Forces.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Equal Justice for United States Military Personnel Act of 2009’.

SEC. 2. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES.

    (a) In General- Section 1259 of title 28, United States Code, is amended--

      (1) in paragraph (3), by inserting ‘or denied’ after ‘granted’; and

      (2) in paragraph (4), by inserting ‘or denied’ after ‘granted’.

    (b) Technical and Conforming Amendment- Section 867a(a) of title 10, United States Code, is amended by striking ‘The Supreme Court may not review by a writ of certiorari under this section any action of the Court of Appeals for the Armed Forces in refusing to grant a petition for review.’.


Full Text of Legislation
 
Subject Name:
Law
 
All Actions:

Actions Date
Action Text
1/22/2007
Sponsor introductory remarks on measure. (CR S843)
1/22/2007
Read twice and referred to the Committee on Commerce, Science, and Transportation.
4/7/2008
Committee on Commerce, Science, and Transportation. Reported by Senator Inouye with an amendment in the nature of a substitute. With written report No. 110-278.
 
Titles:

CAFE bill
Ten-in-Ten Fuel Economy Act
Ten-in-Ten Fuel Economy Act
Petroleum Consumer Price Gouging Protection Act
A bill to improve passenger automobile fuel economy and safety, reduce greenhouse gas emissions, reduce dependence on foreign oil, and for other purposes.
 
Committee:

Referral, Markup, Reporting
 
Related Bill Details:

 
Amendments

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