text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Open Fuel Standard Act of 2009'' or 
  the ``OFS Act''.
  
  SEC. 2. FINDINGS AND PURPOSES.
  
      (a) Findings.--Congress makes the following findings:
              (1) The status of oil as a strategic commodity, which 
          derives from its domination of the transportation sector, 
          presents a clear and present danger to the United States;
              (2) in a prior era, when salt was a strategic commodity, 
          salt mines conferred national power and wars were fought over 
          the control of such mines;
              (3) technology, in the form of electricity and 
          refrigeration, decisively ended salt's monopoly of meat 
          preservation and greatly reduced its strategic importance;
              (4) fuel competition and consumer choice would similarly 
          serve to end oil's monopoly in the transportation sector and 
          strip oil of its strategic status;
              (5) the current closed fuel market has allowed a cartel of 
          petroleum exporting countries to inflate fuel prices, 
          effectively imposing a harmful tax on the economy of the United 
          States;
              (6) much of the inflated petroleum revenues the oil cartel 
          earns at the expense of the people of the United States are 
          used for purposes antithetical to the interests of the United 
          States and its allies;
              (7) alcohol fuels, including ethanol and methanol, could 
          potentially provide significant supplies of additional fuels 
          that could be produced in the United States and in many other 
          countries in the Western Hemisphere that are friendly to the 
          United States;
              (8) alcohol fuels can only play a major role in securing 
          the energy independence of the United States if a substantial 
          portion of vehicles in the United States are capable of 
          operating on such fuels;
              (9) it is not in the best interest of United States 
          consumers or the United States Government to be constrained to 
          depend solely upon petroleum resources for vehicle fuels if 
          alcohol fuels are potentially available;
              (10) existing technology, in the form of flexible fuel 
          vehicles, allows internal combustion engine cars and trucks to 
          be produced at little or no additional cost, which are capable 
          of operating on conventional gasoline, alcohol fuels, or any 
          combination of such fuels, as availability or cost advantage 
          dictates, providing a platform on which fuels can compete;
              (11) the necessary distribution system for such alcohol 
          fuels will not be developed in the United States until a 
          substantial fraction of the vehicles in the United States are 
          capable of operating on such fuels;
              (12) the establishment of such a vehicle fleet and 
          distribution system would provide a large market that would 
          mobilize private resources to substantially advance the 
          technology and expand the production of alcohol fuels in the 
          United States and abroad;
              (13) the United States has an urgent national security 
          interest to develop alcohol fuels technology, production, and 
          distribution systems as rapidly as possible;
              (14) new cars sold in the United States that are equipped 
          with an internal combustion engine should allow for fuel 
          competition by being flexible fuel vehicles, and new diesel 
          cars should be capable of operating on biodiesel; and
              (15) such an open fuel standard would help to protect the 
          United States economy from high and volatile oil prices and 
          from the threats caused by global instability, terrorism, and 
          natural disaster.
  
  SEC. 3. OPEN FUEL STANDARD FOR TRANSPORTATION.
  
      Chapter 329 of title 49, United States Code, is amended by adding 
  at the end the following:
  
  ``SEC. 32920. OPEN FUEL STANDARD FOR TRANSPORTATION.
  
      ``(a) Definitions.--In this section:
              ``(1) E85.--The term `E85' means a fuel mixture containing 
          85 percent ethanol and 15 percent gasoline by volume.
              ``(2) Flexible fuel automobile.--The term `flexible fuel 
          automobile' means an automobile that has been warranted by its 
          manufacturer to operate on gasoline, E85, and M85.
              ``(3) Fuel choice-enabling automobile.--The term `fuel 
          choice-enabling automobile' means--
                      ``(A) a flexible fuel automobile; or
                      ``(B) an automobile that has been warranted by its 
                  manufacturer to operate on biodiesel.
              ``(4) Light-duty automobile.--The term `light-duty 
          automobile' means--
                      ``(A) a passenger automobile; or
                      ``(B) a non-passenger automobile.
              ``(5) Light-duty automobile manufacturer's annual covered 
          inventory.--The term `light-duty automobile manufacturer's 
          annual covered inventory' means the number of light-duty 
          automobiles powered by an internal combustion engine that a 
          manufacturer, during a given calendar year, manufactures in the 
          United States or imports from outside of the United States for 
          sale in the United States.
              ``(6) M85.--The term `M85' means a fuel mixture containing 
          85 percent methanol and 15 percent gasoline by volume.
      ``(b) Open Fuel Standard for Transportation.--
              ``(1) In general.--Except as provided in paragraph (2), 
          each light-duty automobile manufacturer's annual covered 
          inventory shall be comprised of--
                      ``(A) not less than 50 percent fuel choice-enabling 
                  automobiles in 2012, 2013, and 2014; and
                      ``(B) not less than 80 percent fuel choice-enabling 
                  automobiles in 2015, and in each subsequent year.
              ``(2) Temporary exemption from requirements.--
                      ``(A) Application.--A manufacturer may request an 
                  exemption from the requirement described in paragraph 
                  (1) by submitting an application to the Secretary, at 
                  such time, in such manner, and containing such 
                  information as the Secretary may require by regulation. 
                  Each such application shall specify the models, lines, 
                  and types of automobiles affected.
                      ``(B) Evaluation.--After evaluating an application 
                  received from a manufacturer, the Secretary may at any 
                  time, under such terms and conditions, and to such 
                  extent as the Secretary considers appropriate, 
                  temporarily exempt, or renew the exemption of, a light-
                  duty automobile from the requirement described in 
                  paragraph (1) if the Secretary determines that 
                  unavoidable events not under the control of the 
                  manufacturer prevent the manufacturer of such 
                  automobile from meeting its required production volume 
                  of fuel choice-enabling automobiles, including--
                              ``(i) a disruption in the supply of any 
                          component required for compliance with the 
                          regulations;
                              ``(ii) a disruption in the use and 
                          installation by the manufacturer of such 
                          component; or
                              ``(iii) application to plug-in electric 
                          vehicles causing such vehicles to fail to meet 
                          State air quality requirements.
                      ``(C) Consolidation.--The Secretary may consolidate 
                  applications received from multiple manufacturers under 
                  subparagraph (A) if they are of a similar nature.
                      ``(D) Conditions.--Any exemption granted under 
                  subparagraph (B) shall be conditioned upon the 
                  manufacturer's commitment to recall the exempted 
                  automobiles for installation of the omitted components 
                  within a reasonable time proposed by the manufacturer 
                  and approved by the Secretary after such components 
                  become available in sufficient quantities to satisfy 
                  both anticipated production and recall volume 
                  requirements.
                      ``(E) Notice.--The Secretary shall publish in the 
                  Federal Register--
                              ``(i) notice of each application received 
                          from a manufacturer;
                              ``(ii) notice of each decision to grant or 
                          deny a temporary exemption; and
                              ``(iii) the reasons for granting or denying 
                          such exemptions.
              ``(3) Rulemaking.--Not later than 1 year after the date of 
          enactment of this Act, the Secretary of Transportation shall 
          promulgate regulations to carry out this section.''.
target: Open Fuel Standard Act of 2009 or the OFS Act - Requires each light-duty automobile manufacturer's annual covered inventory to comprise at least: (1) 50% fuel choice-enabling automobiles in years 2012-2014; and (2) 80% fuel choice-enabling automobiles in 2015, and in each subsequent year.
  
  Defines "fuel choice-enabling automobile" as: (1) a flexible fuel automobile capable of operating on gasoline, E85, and M85; or (2) an automobile capable of operating on biodiesel fuel.
  
  Authorizes a manufacturer to request an exemption from such requirement from the Secretary of Transportation.
feat_title: To require automobile manufacturers to ensure that not less than 80 percent of the automobiles manufactured or sold in the United States by each such manufacturer to operate on fuel mixtures containing 85 percent ethanol, 85 percent methanol, or biodiesel.