II 

109TH CONGRESS 

1ST SESSION S. 1994 

To require that an increasing percentage of new automobiles be dual fueled 

automobiles, to revise the method for calculating corporate average fuel 

economy for such vehicles, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 10, 2005 

Mr. HARKIN (for himself, Mr. LUGAR, and Mr. OBAMA) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To require that an increasing percentage of new automobiles 

be dual fueled automobiles, to revise the method for 

calculating corporate average fuel economy for such vehicles, 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 ‘‘Fuel Security and Con5 sumer Choice Act’’. 

6 SEC. 2. REQUIREMENT TO MANUFACTURER DUAL FUELED 

7 AUTOMOBILES. 

8 (a) REQUIREMENT.— 
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1 (1) IN GENERAL.—Chapter 329 of title 49, 

2 United States Code, is amended by inserting after 

3 section 32902 the following: 

4 ‘‘§ 32902A. Requirement to manufacture dual fueled 

5 automobiles 

6 ‘‘(a) REQUIREMENT.— 

7 ‘‘(1) IN GENERAL.—Each manufacturer of new 

8 automobiles that are capable of operating on gaso9 line or diesel fuel shall ensure that the percentage of 

10 such automobiles, manufactured in any model year 

11 beginning not less than 18 months after the date of 

12 enactment of this section and distributed in com13 merce for sale in the United States, which are dual 

14 fueled automobiles is equal to not less than the ap15 plicable percentage set forth in the following table: 

The percentage of dual 

fueled automobiles 

‘‘For each of the manufactured shall be 

following model years: not less than: 

year 1 ....................................................................................... 10

year 2 ....................................................................................... 20

year 3 ....................................................................................... 30

year 4 ....................................................................................... 40

year 5 ....................................................................................... 50

year 6 ....................................................................................... 60

year 7 ....................................................................................... 70

year 8 ....................................................................................... 80

year 9 ....................................................................................... 90

year 10 and beyond .................................................................. 100.

16 ‘‘(2) MODEL YEARS.—For purposes of the table 

17 under paragraph (1)— 
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1 ‘‘(A) the term ‘year 1’ means the first 

2 model year beginning not less than 18 months 

3 after the date of enactment of this section; 

4 ‘‘(B) the term ‘year 2’ means the model 

5 year immediately following the model year de6 scribed in subparagraph (A); 

7 ‘‘(C) the term ‘year 3’ means the model 

8 year immediately following the model year de9 scribed in subparagraph (B); 

10 ‘‘(D) the term ‘year 4’ means the model 

11 year immediately following the model year de12 scribed in subparagraph (C); 

13 ‘‘(E) the term ‘year 5’ means the model 

14 year immediately following the model year de15 scribed in subparagraph (D); 

16 ‘‘(F) the term ‘year 6’ means the model 

17 year immediately following the model year de18 scribed in subparagraph (E); 

19 ‘‘(G) the term ‘year 7’ means the model 

20 year immediately following the model year de21 scribed in subparagraph (F); 

22 ‘‘(H) the term ‘year 8’ means the model 

23 year immediately following the model year de24 scribed in subparagraph (G); 
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1 ‘‘(I) the term ‘year 9’ means the model 

2 year immediately following the model year de3 scribed in subparagraph (H); and 

4 ‘‘(J) the term ‘year 10’ means the model 

5 year immediately following the model year de6 scribed in subparagraph (I). 

7 ‘‘(b) PRODUCTION CREDITS FOR EXCEEDING

8 FLEXIBLE FUEL AUTOMOBILE PRODUCTION RE9 QUIREMENT.— 

10 ‘‘(1) EARNING AND PERIOD FOR APPLYING

11 CREDITS.—If the number of dual fueled automobiles 

12 manufactured by a manufacturer in a particular 

13 model year exceeds the number required under sub14 section (a), the manufacturer earns credits under 

15 this section, which may be applied to any of the 3 

16 consecutive model years immediately after the model 

17 year for which the credits are earned. 

18 ‘‘(2) TRADING CREDITS.—A manufacturer that 

19 has earned credits under paragraph (1) may sell 

20 credits to another manufacturer to enable the pur21 chaser to meet the requirement under subsection 

22 (a).’’. 

23 (2) TECHNICAL AMENDMENT.—The table of 

24 sections for chapter 329 of title 49, United States 
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1 Code, is amended by inserting after the item relating 

2 to section 32902 the following: 

‘‘32902A. Requirement to manufacture dual fueled automobiles.’’. 

3 (b) ACTIVITIES TO PROMOTE THE USE OF CERTAIN

4 ALTERNATIVE FUELS.—The Secretary of Transportation 

5 shall carry out activities to promote the use of fuel mix6 tures containing gasoline or diesel fuel and 1 or more al7 ternative fuels, including a mixture containing at least 85 

8 percent of methanol, denatured ethanol, and other alcohols 

9 by volume with gasoline or other fuels, to power auto10 mobiles in the United States. 

11 SEC. 3. MANUFACTURING INCENTIVES FOR DUAL FUELED 

12 AUTOMOBILES. 

13 Section 32905(b) of title 49, United States Code, is 

14 amended— 

15 (1) by redesignating paragraphs (1) and (2) as 

16 subparagraphs (A) and (B), respectively; 

17 (2) by inserting ‘‘(1)’’ before ‘‘Except’’; 

18 (3) by striking ‘‘model years 1993–2010’’ and 

19 inserting ‘‘model year 1993 through the first model 

20 year beginning not less than 18 months after the 

21 date of enactment of the Fuel Security and Con22 sumer Choice Act’’; and 

23 (4) by adding at the end the following: 

24 ‘‘(2) Except as provided in paragraph (5) of 

25 this subsection, subsection (d) of this section, or sec-
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1 tion 32904(a)(2) of this title, the Administrator 

2 shall measure the fuel economy for each model of 

3 dual fueled automobiles manufactured by a manufac4 turer in the first model year beginning not less than 

5 30 months after the date of enactment of the Fuel 

6 Security and Consumer Choice Act by dividing 1.0 

7 by the sum of— 

8 ‘‘(A) 0.7 divided by the fuel economy 

9 measured under section 32904(c) of this title 

10 when operating the model on gasoline or diesel 

11 fuel; and 

12 ‘‘(B) 0.3 divided by the fuel economy 

13 measured under subsection (a) when operating 

14 the model on alternative fuel. 

15 ‘‘(3) Except as provided in paragraph (5) of 

16 this subsection, subsection (d) of this section, or sec17 tion 32904(a)(2) of this title, the Administrator 

18 shall measure the fuel economy for each model of 

19 dual fueled automobiles manufactured by a manufac20 turer in the first model year beginning not less than 

21 42 months after the date of enactment of the Fuel 

22 Security and Consumer Choice Act by dividing 1.0 

23 by the sum of— 

24 ‘‘(A) 0.9 divided by the fuel economy 

25 measured under section 32904(c) of this title 
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1 when operating the model on gasoline or diesel 

2 fuel; and 

3 ‘‘(B) 0.1 divided by the fuel economy 

4 measured under subsection (a) when operating 

5 the model on alternative fuel. 

6 ‘‘(4) Except as provided in subsection (d) of 

7 this section, or section 32904(a)(2) of this title, the 

8 Administrator shall measure the fuel economy for 

9 each model of dual fueled automobiles manufactured 

10 by a manufacturer in each model year beginning not 

11 less than 54 months after the date of enactment of 

12 the Fuel Security and Consumer Choice Act in ac13 cordance with section 32904(c) of this title. 

14 ‘‘(5) Notwithstanding paragraphs (2) through 

15 (4) of this subsection, the fuel economy for all dual 

16 fueled automobiles manufactured to comply with the 

17 requirements under section 32902A(a) of this title, 

18 including automobiles for which dual fueled auto19 mobile credits have been used or traded under sec20 tion 32902A(b) of this title, shall be measured in ac21 cordance with section 32904(c) of this title.’’. 

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