I 

114TH CONGRESS 

2D SESSION H. R. 4630 

To deny corporate average fuel economy credits obtained through a violation 

of law, establish an Air Quality Restoration Trust Fund within the 

Department of the Treasury, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 25, 2016 

Mr. RUSH (for himself and Mr. PALLONE) introduced the following bill; which 

was referred to the Committee on Energy and Commerce, and in addition 

to the Committee on Transportation and Infrastructure, for a period to 

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To deny corporate average fuel economy credits obtained 

through a violation of law, establish an Air Quality Restoration Trust Fund within the Department of the 

Treasury, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Compensating Losses 

5 to the Environment from Automobiles with Noxious Un6 disclosed Pollution Act of 2016’’ or the ‘‘CLEANUP Act’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the Environ5 mental Protection Agency. 

6 (2) ELECTRIC DRIVE VEHICLE.—The term 

7 ‘‘electric drive vehicle’’ means a vehicle that— 

8 (A)(i) is— 

9 (I) a light-duty vehicle (as defined in 

10 section 86.1803–01 of title 40, Code of 

11 Federal Regulations (as in effect on the 

12 date of enactment of this Act)) that draws 

13 motive power from a battery with a capac14 ity of at least 4 kilowatt-hours; or 

15 (II) a heavy-duty vehicle (as defined 

16 in section 86.1803–01 of title 40, Code of 

17 Federal Regulations (as in effect on the 

18 date of enactment of this Act)) with a 

19 gross vehicle weight rating— 

20 (aa) greater than 8,500 pounds 

21 and less than 14,000 pounds that 

22 draws motive power from a battery 

23 with a capacity of at least 10 kilo24 watt-hours; 

25 (bb) greater than 14,000 pounds 

26 but less than 33,000 pounds that 


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1 draws motive power from a battery 

2 with a capacity of at least 15 kilo3 watt-hours; or 

4 (cc) greater than 33,000 pounds 

5 that draws motive power from a bat6 tery with a capacity of at least 20 kil7 owatt-hours; and 

8 (ii) can be recharged from an external 

9 source of electricity for motive power; or 

10 (B) is a motor vehicle (as defined in sec11 tion 216 of the Clean Air Act (42 U.S.C. 

12 7550)) that draws motive power from a fuel cell 

13 (as defined in section 803 of the Spark M. Mat14 sunaga Hydrogen Act of 2005 (42 U.S.C. 

15 16152)). 

16 (3) ELIGIBLE APPLICANT.—The term ‘‘eligible 

17 applicant’’ means— 

18 (A) a State; 

19 (B) an Indian tribe (as defined in section 

20 4 of the Indian Self-Determination and Edu21 cation Assistance Act (25 U.S.C. 450b)); 

22 (C) a unit of local government; or 

23 (D) a group composed of not fewer than 

24 2— 

25 (i) States; 


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1 (ii) Indian tribes; or 

2 (iii) units of local government. 

3 (4) QUALIFIED ELECTRIC DRIVE VEHICLE IN4 FRASTRUCTURE.— 

5 (A) IN GENERAL.—The term ‘‘qualified 

6 electric drive vehicle infrastructure’’ means any 

7 equipment or service that— 

8 (i) supports the electric refueling 

9 needs of electric drive vehicles; and 

10 (ii) serves smart grid functions (as de11 fined in section 1306(d) the Energy Inde12 pendence and Security Act of 2007 (42 

13 U.S.C. 17386)) that optimize the integra14 tion of electric drive vehicles into the elec15 tric grid. 

16 (B) INCLUSIONS.—The term ‘‘qualified 

17 electric drive vehicle infrastructure’’ includes 

18 any equipment or services described in subpara19 graph (A) that is located in a public or private 

20 location, including— 

21 (i) a street parking location; 

22 (ii) a parking garage; 

23 (iii) a parking lot; 

24 (iv) a home; 

25 (v) a gas station; and 


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1 (vi) a highway rest stop. 

2 (5) SECRETARY.—The term ‘‘Secretary’’ means 

3 the Secretary of the Treasury. 

4 SEC. 3. AVERAGE FUEL ECONOMY CREDITS OBTAINED BY 

5 REASON OF VIOLATION OF LAW. 

6 (a) DENIAL OF CREDITS.—Section 32903 of title 49, 

7 United States Code, is amended by adding at the end the 

8 following: 

9 ‘‘(i) DENIAL OF CREDITS OBTAINED BY REASON OF

10 VIOLATION OF LAW.—If the Secretary determines that a 

11 manufacturer has obtained credits under this section by 

12 reason of a practice that violates this title or title II of 

13 the Clean Air Act (42 U.S.C. 7521 et seq.), such credits 

14 shall not be available to the manufacturer.’’. 

15 (b) ADDITIONAL CIVIL PENALTY.—Section 32912 of 

16 title 49, United States Code, is amended— 

17 (1) in subsection (c)(1)— 

18 (A) in subparagraph (A), by striking ‘‘of 

19 this section’’ and inserting ‘‘or for each credit 

20 to be used in calculating a civil penalty under 

21 subsection (f)’’; and 

22 (B) in subparagraph (B), by inserting ‘‘or 

23 each credit, as the case may be’’ before the pe24 riod at the end; and 

25 (2) by adding at the end the following: 


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1 ‘‘(f) CIVIL PENALTY WITH RESPECT TO AVERAGE

2 FUEL ECONOMY CREDITS OBTAINED BY REASON OF VIO3 LATION OF LAW.—In addition to any other penalty under 

4 this title and except as provided under subsection (c), a 

5 manufacturer that obtains credits under section 32903 by 

6 reason of a practice that violates this title or title II of 

7 the Clean Air Act (42 U.S.C. 7521 et seq.) is liable to 

8 the Government for a civil penalty in an amount equal 

9 to $5 multiplied by the number of such credits.’’. 

10 SEC. 4. AIR QUALITY RESTORATION TRUST FUND. 

11 (a) ESTABLISHMENT.—There is established in the 

12 Treasury of the United States a trust fund to be known 

13 as the ‘‘Air Quality Restoration Trust Fund’’ (referred to 

14 in this section as the ‘‘Trust Fund’’), consisting of— 

15 (1) such amounts as are deposited in the Trust 

16 Fund under subsection (b); and 

17 (2) any interest on, and proceeds from, any in18 vestment made under subsection (d). 

19 (b) TRANSFERS.—The Secretary shall deposit in the 

20 Trust Fund an amount equal to all administrative and 

21 civil penalties or other payments paid to the Federal Gov22 ernment after the date of enactment of this Act in connec23 tion with any violation or alleged violation of title II of 

24 the Clean Air Act (42 U.S.C. 7521 et seq.). 


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1 (c) AVAILABILITY.—Amounts in the Trust Fund 

2 shall— 

3 (1) be available for expenditure to the extent 

4 and in the amounts provided in advance by appro5 priation Acts solely for making expenditures under 

6 subsection (f); and 

7 (2) remain available until expended, without fis8 cal year limitation. 

9 (d) INVESTMENT.—Amounts in the Trust Fund shall 

10 be invested in accordance with section 9702 of title 31, 

11 United States Code. 

12 (e) ADMINISTRATION.—Not later than 180 days after 

13 the date of enactment of this Act, after providing notice 

14 and an opportunity for public comment, the Secretary, in 

15 consultation with the Administrator and the heads of any 

16 other relevant Federal agency, shall establish such proce17 dures as the Secretary determines to be necessary to de18 posit amounts in, and expend amounts from, the Trust 

19 Fund pursuant to this section, including— 

20 (1) procedures to assess whether a project car21 ried out under subsection (f) achieves compliance 

22 with applicable requirements, including procedures 

23 by which the Secretary may determine whether an 

24 expenditure pursuant to the project achieves compli25 ance; 


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1 (2) auditing requirements to ensure that 

2 amounts in the Trust Fund are expended as in3 tended; and 

4 (3) procedures for identification and allocation 

5 of funds available to the Secretary under other pro6 visions of law that may be necessary to pay the ad7 ministrative expenses directly attributable to the 

8 management of the Trust Fund. 

9 (f) USE OF FUNDS.—Amounts from the Trust Fund 

10 shall be available solely for making grants to eligible appli11 cants to support projects that— 

12 (1) increase qualified electric drive vehicle infra13 structure; 

14 (2) retrofit school buses or heavy-duty fleets to 

15 reduce air emissions significantly; 

16 (3) purchase hybrid or zero emissions school 

17 buses or heavy-duty vehicles; 

18 (4) purchase electric drive vehicles for munic19 ipal fleets; 

20 (5) provide public health grants to help track, 

21 treat, and reduce the number of air emissions-re22 lated illnesses, such as asthma, cardiovascular dis23 ease, and lung cancer; or 


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1 (6) provide grants for projects to improve air 

2 quality in low-income communities. 

Æ 


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