I 

109TH CONGRESS 

2D SESSION H. R. 5359 

To amend the automobile fuel economy provisions of title 49, United States 

Code, to authorize the Secretary of Transportation to set fuel economy 

standards for passenger automobiles based on one or more vehicle attributes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 11, 2006 

Mr. BARTON of Texas introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend the automobile fuel economy provisions of title 

49, United States Code, to authorize the Secretary of 

Transportation to set fuel economy standards for passenger automobiles based on one or more vehicle attributes. 

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

3 SECTION 1. CAFE STANDARDS FOR PASSENGER AUTO4 MOBILES. 

5 (a) AVERAGE FUEL ECONOMY STANDARDS FOR PAS6 SENGER AUTOMOBILES.—Section 32902 of title 49, 

7 United States Code, is amended— 


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1 (1) by amending subsection (c) to read as fol2 lows: 

3 ‘‘(c) AMENDING PASSENGER AUTOMOBILE STAND4 ARDS.— 

5 ‘‘(1) REGULATIONS.—The Secretary of Trans6 portation may prescribe regulations amending the 

7 standard under subsection (b) of this section for a 

8 model year. If the Secretary does not prescribe regu9 lations under this subsection for a given model year, 

10 the standard in effect for the preceding model year 

11 shall apply to such model year and each model year 

12 thereafter. 

13 ‘‘(2) MAXIMUM FEASIBLE AVERAGE FUEL

14 ECONOMY.—The standard prescribed under this sub15 section shall be the maximum feasible average fuel 

16 economy level that the Secretary decides the manu17 facturers can achieve in that model year. In amend18 ing such standard for a model year, the Secretary, 

19 consistent with the Secretary’s authority under this 

20 section for prescribing standards, may establish a 

21 standard based on one or more vehicle attributes re22 lated to fuel economy.’’; and 

23 (2) in subsection (g)(2), by striking ‘‘(and sub24 mit the amendment to Congress when required 

25 under subsection (c)(2) of this section)’’. 


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1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall be effective on the date of enactment 

3 of this Act. The Secretary of Transportation shall pre4 scribe regulations under section 32902(c) of title 49, 

5 United States Code, not later than December 30, 2008. 

6 Such regulations shall take into consideration standard 

7 automobile industry design and production processes. 

8 (c) STUDY OF REQUIREMENT OF SEPARATE CAL9 CULATIONS FOR DOMESTIC AND FOREIGN FLEETS.— 

10 (1) STUDY.—The Administrator of the National 

11 Highway Traffic Safety Administration shall con12 duct a study on the requirement of separate fuel 

13 economy calculations for automobiles manufactured 

14 domestically and not domestically contained in sec15 tion 32904(b) of title 49, United States Code. Such 

16 study shall— 

17 (A) assess the effects of such requirement 

18 on employment within the automobile industry 

19 in the United States; 

20 (B) assess the effects of such requirement 

21 on overall passenger automobile fuel economy; 

22 (C) determine the degree to which such re23 quirement encourages manufacturers to alter 

24 their automobiles in order to meet automobile 


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1 fuel efficiency standards for both domestic and 

2 foreign manufactured automobiles; 

3 (D) examine the effect of requirements of 

4 the North American Free Trade Agreement on 

5 the operation of such requirement; 

6 (E) determine whether such requirement 

7 has resulted in additional costs to automobile 

8 consumers; and 

9 (F) determine whether such requirement 

10 has promoted increased manufacturing of 

11 smaller, more fuel-efficient cars in the United 

12 States. 

13 (2) REPORT.—Not later than 180 days after 

14 the date of enactment of this Act, the Administrator 

15 of the National Highway Traffic Safety Administra16 tion shall transmit a report to Congress and to the 

17 Administrator of the Environmental Protection 

18 Agency on the conclusions of the study. 

Æ 


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