I 

109TH CONGRESS 

2D SESSION H. R. 4673 

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 HOUSE OF REPRESENTATIVES 

JANUARY 31, 2006 

Mr. MARKEY (for himself, Mr. INSLEE, and Ms. KAPTUR) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

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 auto- 

‘‘For each of the following mobiles manufactured 

model years: shall be 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 FLEXI8 BLE FUEL AUTOMOBILE PRODUCTION REQUIREMENT.— 

9 ‘‘(1) EARNING AND PERIOD FOR APPLYING

10 CREDITS.—If the number of dual fueled automobiles 

11 manufactured by a manufacturer in a particular 

12 model year exceeds the number required under sub13 section (a), the manufacturer earns credits under 

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

15 consecutive model years immediately after the model 

16 year for which the credits are earned. 

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

18 has earned credits under paragraph (1) may sell 

19 credits to another manufacturer to enable the pur20 chaser to meet the requirement under subsection 

21 (a).’’. 

22 (2) TECHNICAL AMENDMENT.—The table of 

23 sections for chapter 329 of title 49, United States 

24 Code, is amended by inserting after the item relating 

25 to section 32902 the following: 

‘‘32902A. Requirement to manufacture dual fueled automobiles.’’. 
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1 (b) ACTIVITIES TO PROMOTE THE USE OF CERTAIN

2 ALTERNATIVE FUELS.—The Secretary of Transportation 

3 shall carry out activities to promote the use of fuel mix4 tures containing gasoline or diesel fuel and 1 or more al5 ternative fuels, including a mixture containing at least 85 

6 percent of methanol, denatured ethanol, and other alcohols 

7 by volume with gasoline or other fuels, to power auto8 mobiles in the United States. 

9 SEC. 3. MANUFACTURING INCENTIVES FOR DUAL FUELED 

10 AUTOMOBILES. 

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

12 amended— 

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

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

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

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

17 inserting ‘‘model year 1993 through the first model 

18 year beginning not less than 18 months after the 

19 date of enactment of the Fuel Security and Con20 sumer Choice Act’’; and 

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

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

23 this subsection, subsection (d) of this section, or sec24 tion 32904(a)(2) of this title, the Administrator 

25 shall measure the fuel economy for each model of 
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1 dual fueled automobiles manufactured by a manufac2 turer in the first model year beginning not less than 

3 30 months after the date of enactment of the Fuel 

4 Security and Consumer Choice Act by dividing 1.0 

5 by the sum of— 

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

7 measured under section 32904(c) of this title 

8 when operating the model on gasoline or diesel 

9 fuel; and 

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

11 measured under subsection (a) when operating 

12 the model on alternative fuel. 

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

14 this subsection, subsection (d) of this section, or sec15 tion 32904(a)(2) of this title, the Administrator 

16 shall measure the fuel economy for each model of 

17 dual fueled automobiles manufactured by a manufac18 turer in the first model year beginning not less than 

19 42 months after the date of enactment of the Fuel 

20 Security and Consumer Choice Act by dividing 1.0 

21 by the sum of— 

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

23 measured under section 32904(c) of this title 

24 when operating the model on gasoline or diesel 

25 fuel; and 
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1 ‘‘(B) 0.1 divided by the fuel economy 

2 measured under subsection (a) when operating 

3 the model on alternative fuel. 

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

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

6 Administrator shall measure the fuel economy for 

7 each model of dual fueled automobiles manufactured 

8 by a manufacturer in each model year beginning not 

9 less than 54 months after the date of enactment of 

10 the Fuel Security and Consumer Choice Act in ac11 cordance with section 32904(c) of this title. 

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

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

14 fueled automobiles manufactured to comply with the 

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

16 including automobiles for which dual fueled auto17 mobile credits have been used or traded under sec18 tion 32902A(b) of this title, shall be measured in ac19 cordance with section 32904(c) of this title.’’. 

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