I 

113TH CONGRESS 

2D SESSION H. R. 5107 

To amend title 49, United States Code, to reduce the fuel economy obligations 

of automobile manufacturers whose fleets contain at least 50 percent 

fuel choice enabling vehicles, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 15, 2014 

Ms. ROS-LEHTINEN (for herself, Mr. COLE, and Mr. SALMON) introduced the 

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

A BILL 

To amend title 49, United States Code, to reduce the fuel 

economy obligations of automobile manufacturers whose 

fleets contain at least 50 percent fuel choice enabling 

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 Choice for Amer5 ican Prosperity and Security Act of 2014’’. 


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1 SEC. 2. FUEL CHOICE ENABLING MANUFACTURERS. 

2 (a) IN GENERAL.—Chapter 329 of title 49, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘§ 32920. Fuel choice enabling manufacturers 

6 ‘‘(a) CALCULATION OF AVERAGE FUEL ECONOMY.— 

7 The average fuel economy of a fuel choice enabling manu8 facturer is the sum of— 

9 ‘‘(1) the average fuel economy of such manufac10 turer determined under section 32904; and 

11 ‘‘(2) 4 miles per gallon. 

12 ‘‘(b) DEEMED COMPLIANCE WITH GREENHOUSE GAS

13 EMISSION STANDARDS.—If a fuel choice enabling manu14 facturer is in compliance with all applicable standards pre15 scribed under section 32902 for a model year, the auto16 mobiles manufactured by such manufacturer in such 

17 model year are deemed to be in compliance with the stand18 ards for emissions of greenhouse gases promulgated under 

19 section 202(a) of the Clean Air Act (42 U.S.C. 7521(a)). 

20 ‘‘(c) DEFINITIONS.—In this section: 

21 ‘‘(1) BIODIESEL.—The term ‘biodiesel’ means 

22 diesel fuel which has been produced from a non-pe23 troleum feedstock and which meets the specifications 

24 of the ASTM D6751–03 standard. 

25 ‘‘(2) E85.—The term ‘E85’ means a fuel mix26 ture that contains up to 85 percent ethanol and 


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1 meets the specifications of the ASTM D5798 stand2 ard. 

3 ‘‘(3) FLEXIBLE FUEL VEHICLE.—The term 

4 ‘flexible fuel vehicle’ means a vehicle that has been 

5 warranted by its manufacturer to operate on gaso6 line, E85, and M85. 

7 ‘‘(4) FUEL CHOICE ENABLING MANUFAC8 TURER.—The term ‘fuel choice enabling manufac9 turer’ means a manufacturer whose total fleet of 

10 automobiles manufactured in a model year for sale 

11 in the United States contains at least 50 percent 

12 fuel choice enabling vehicles. 

13 ‘‘(5) FUEL CHOICE ENABLING VEHICLE.—The 

14 term ‘fuel choice enabling vehicle’ means an auto15 mobile that— 

16 ‘‘(A) has been warranted by its manufac17 turer to operate on natural gas, hydrogen, pro18 pane, or biodiesel; 

19 ‘‘(B) is a flexible fuel vehicle; 

20 ‘‘(C) is a plug-in electric drive vehicle; 

21 ‘‘(D) is propelled solely by a fuel cell that 

22 can produce power without the use of petroleum 

23 or a petroleum-based fuel; or 

24 ‘‘(E) is propelled solely by something other 

25 than an internal combustion engine and is warVerDate Mar 15 2010 03:03 Jul 18, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5107.IH H5107

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1 ranted by its manufacturer to operate on some2 thing other than petroleum-based fuel. 

3 ‘‘(6) GREENHOUSE GAS.—The term ‘greenhouse 

4 gas’ means carbon dioxide, nitrous oxide, methane, 

5 hydrofluorocarbons, perfluorocarbons, sulfur hexa6 fluoride, or any other substance subject to regulation 

7 under section 202(a) of the Clean Air Act (42 

8 U.S.C. 7521(a)) to address climate change. 

9 ‘‘(7) M85.—The term ‘M85’ means a fuel mix10 ture that contains up to 85 percent methanol and 

11 meets the specifications of the ASTM D5797 stand12 ard. 

13 ‘‘(8) PLUG-IN ELECTRIC DRIVE VEHICLE.—The 

14 term ‘plug-in electric drive vehicle’ has the meaning 

15 given such term in section 508(a) of the Energy Pol16 icy Act of 1992 (42 U.S.C. 13258(a)).’’. 

17 (b) AVERAGE FUEL ECONOMY DEFINED.—Para18 graph (5) of section 32901(a) of title 49, United States 

19 Code, is amended— 

20 (1) by striking the period at the end and insert21 ing ‘‘; or’’; 

22 (2) by striking ‘‘means average’’ and inserting 

23 the following: ‘‘means— 

24 ‘‘(A) average’’; and 

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


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1 ‘‘(B) in the case of a fuel choice enabling 

2 manufacturer (as defined in section 32920), av3 erage fuel economy determined under such sec4 tion.’’. 

5 (c) CLERICAL AMENDMENT.—The analysis for chap6 ter 329 of title 49, United States Code, is amended by 

7 inserting after the item relating to section 32919 the fol8 lowing: 

‘‘32920. Fuel choice enabling manufacturers.’’. 

9 (d) EFFECTIVE DATE.—The amendments made by 

10 this section shall apply with respect to model years begin11 ning with model year 2016. 

Æ 


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