IB 

Union Calendar No. 263 

109TH CONGRESS 

2D SESSION H. R. 5359 

[Report No. 109–475] 

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 

MAY 22, 2006 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

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, 


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1 SECTION 1. CAFE STANDARDS FOR PASSENGER AUTO2 MOBILES. 

3 (a) AVERAGE FUEL ECONOMY STANDARDS FOR PAS4 SENGER AUTOMOBILES.—Section 32902 of title 49, 

5 United States Code, is amended— 

6 (1) by amending subsection (c) to read as fol7 lows: 

8 ‘‘(c) AMENDING PASSENGER AUTOMOBILE STAND9 ARDS.— 

10 ‘‘(1) REGULATIONS.—The Secretary of Trans11 portation may prescribe regulations amending the 

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

13 model year. If the Secretary does not prescribe regu14 lations under this subsection for a given model year, 

15 the standard in effect for the preceding model year 

16 shall apply to such model year and each model year 

17 thereafter. 

18 ‘‘(2) MAXIMUM FEASIBLE AVERAGE FUEL

19 ECONOMY.—The standard prescribed under this sub20 section shall be the maximum feasible average fuel 

21 economy level that the Secretary decides the manu22 facturers can achieve in that model year. In amend23 ing such standard for a model year, the Secretary, 

24 consistent with the Secretary’s authority under this 

25 section for prescribing standards, may establish a 


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1 standard based on one or more vehicle attributes re2 lated to fuel economy.’’; and 

3 (2) in subsection (g)(2), by striking ‘‘(and sub4 mit the amendment to Congress when required 

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

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

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

8 of this Act. The Secretary of Transportation shall pre9 scribe regulations under section 32902(c) of title 49, 

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

11 Such regulations shall take into consideration standard 

12 automobile industry design and production processes. 

13 (c) STUDY OF REQUIREMENT OF SEPARATE CAL14 CULATIONS FOR DOMESTIC AND FOREIGN FLEETS.— 

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

16 Highway Traffic Safety Administration shall con17 duct a study on the requirement of separate fuel 

18 economy calculations for automobiles manufactured 

19 domestically and not domestically contained in sec20 tion 32904(b) of title 49, United States Code. Such 

21 study shall— 

22 (A) assess the effects of such requirement 

23 on employment within the automobile industry 

24 in the United States; 


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1 (B) assess the effects of such requirement 

2 on overall passenger automobile fuel economy; 

3 (C) determine the degree to which such re4 quirement encourages manufacturers to alter 

5 their automobiles in order to meet automobile 

6 fuel efficiency standards for both domestic and 

7 foreign manufactured automobiles; 

8 (D) examine the effect of requirements of 

9 the North American Free Trade Agreement on 

10 the operation of such requirement; 

11 (E) determine whether such requirement 

12 has resulted in additional costs to automobile 

13 consumers; and 

14 (F) determine whether such requirement 

15 has promoted increased manufacturing of 

16 smaller, more fuel-efficient cars in the United 

17 States. 

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

19 the date of enactment of this Act, the Administrator 

20 of the National Highway Traffic Safety Administra21 tion shall transmit a report to Congress and to the 

22 Administrator of the Environmental Protection 

23 Agency on the conclusions of the study. 


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Union Calendar No. 263 

109TH CONGRESS 

2D SESSION H. R. 5359 

[Report No. 109

–475] 

A BILL 

To amend the automobile fuel economy provisions 

one or more vehicle attributes. standards for passenger automobiles based on Secretary of Transportation to set fuel economy of title 49, United States Code, to authorize the 

MAY 22, 2006 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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