I 
115TH CONGRESS 
1ST SESSION H. R. 2892 
To amend chapter 329 of title 49, United States Code, to ensure that 
new vehicles enable fuel competition so as to reduce the strategic impor-
tance of oil to the United States. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 13, 2017 
Mr. ENGEL (for himself and Ms. ROS-LEHTINEN) introduced the following 
bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To amend chapter 329 of title 49, United States Code, 
to ensure that new vehicles enable fuel competition so 
as to reduce the strategic importance of oil to the United 
States. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Open Fuel Act of 
2017’’. 
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SEC. 2. OPEN FUEL REQUIREMENT FOR MOTOR VEHICLES. 
Chapter 329 of title 49, United States Code, is 
amended by inserting after section 32905 the following 
new section: 
‘‘§ 32905A. Open fuel requirement for motor vehicles. 
‘‘(a) REQUIREMENTS.—Except as provided in sub-
section (c), each manufacturer’s fleet of covered vehicles 
for a particular model year shall be comprised of— 
‘‘(1) not less than 50 percent qualified vehicles 
beginning in model year 2020; and 
‘‘(2) not less than 80 percent qualified vehicles 
beginning in model year 2021 and each subsequent 
year. 
‘‘(b) ADDITIONAL DEFINITIONS.—As used in this 
section— 
‘‘(1) the term ‘covered vehicle’ means a pas-
senger automobile, and includes a light-duty motor 
vehicle; 
‘‘(2) the term ‘qualified vehicle’ means covered 
vehicle that— 
‘‘(A) has been warranted by its manufac-
turer to operate on natural gas, hydrogen, or 
biodiesel; 
‘‘(B) is a flexible fuel vehicle; 
‘‘(C) is a plug-in electric drive vehicle; 
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‘‘(D) is propelled solely by a fuel cell that 
produces power without the use of petroleum or 
a petroleum-based fuel; or 
‘‘(E) is propelled solely by something other 
than an internal combustion engine, and pro-
duces power without the use of petroleum or a 
petroleum-based fuel; 
‘‘(3) the term ‘flexible fuel vehicle’ means a ve-
hicle that has been warranted by its manufacturer to 
operate on gasoline, E85, and M85; 
‘‘(4) the term ‘E85’ means a fuel mixture con-
taining up to 85 percent ethanol and meets the 
standards of ASTM D5798; 
‘‘(5) the term ‘M85’ means a fuel mixture con-
taining up to 85 percent methanol and meets the 
standards of ASTM D5797; 
‘‘(6) the term ‘biodiesel’ means diesel fuel which 
has been produced from a non-petroleum feedstock 
and which meets the standards of ASTM D6751–03; 
‘‘(7) the term ‘plug-in electric drive vehicle’ has 
the meaning given such term in section 508(a)(5) of 
the Energy Policy Act of 1992 (42 U.S.C. 
13258(a)(5)); and 
‘‘(8) the term ‘light-duty motor vehicle’ means 
a light-duty truck or light-duty vehicle as such terms 
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are defined in section 216(7) of the Clean Air Act 
(42 U.S.C. 7550(7)) of less than or equal to 8,500 
pounds gross vehicle weight rating. 
‘‘(c) TEMPORARY
EXEMPTION
FROM
REQUIRE-
MENTS.— 
‘‘(1) APPLICATION.—A manufacturer may re-
quest an exemption from the requirement described 
in subsection (a) by submitting an application to the 
Secretary, at such time, in such manner, and con-
taining such information as the Secretary may re-
quire by regulation. Each such application shall 
specify the models, lines, and types of automobiles 
affected. 
‘‘(2) EVALUATION.—After evaluating an appli-
cation received from a manufacturer, the Secretary 
may at any time, under such terms and conditions, 
and to such extent as the Secretary considers appro-
priate, temporarily exempt, or renew the exemption 
of, a light-duty motor vehicle from the requirement 
described in subsection (a) if the Secretary deter-
mines that unavoidable events not under the control 
of the manufacturer prevent the manufacturer of 
such automobile from meeting its required produc-
tion volume of qualified automobiles, including— 
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‘‘(A) a disruption in the supply of any 
component required for compliance with the 
regulations; or 
‘‘(B) a disruption in the use and installa-
tion by the manufacturer of such component. 
‘‘(3) CONSOLIDATION.—The Secretary may 
consolidate applications received from multiple man-
ufacturers under subparagraph (A) if they are of a 
similar nature. 
‘‘(4) CONDITIONS.—Any exemption granted 
under paragraph (2) shall be conditioned upon the 
manufacturer’s commitment to recall the exempted 
automobiles for installation of the omitted compo-
nents within a reasonable time proposed by the man-
ufacturer and approved by the Secretary after such 
components become available in sufficient quantities 
to satisfy both anticipated production and recall vol-
ume requirements. 
‘‘(5) NOTICE.—The Secretary shall publish in 
the Federal Register— 
‘‘(A) notice of each application received 
from a manufacturer; 
‘‘(B) notice of each decision to grant or 
deny a temporary exemption; and 
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‘‘(C) the reasons for granting or denying 
such exemptions. 
‘‘(d) RULEMAKING.—Not later than 1 year after the 
date of enactment of this Act, the Secretary shall promul-
gate regulations as necessary to carry out this section.’’. 
Æ 
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