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 at-
tributes. 
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 pas-
senger automobiles based on one or more vehicle at-
tributes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. CAFE STANDARDS FOR PASSENGER AUTO-
MOBILES. 
(a) AVERAGE FUEL ECONOMY STANDARDS FOR PAS-
SENGER
AUTOMOBILES.—Section 32902 of title 49, 
United States Code, is amended— 
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(1) by amending subsection (c) to read as fol-
lows: 
‘‘(c) AMENDING PASSENGER AUTOMOBILE STAND-
ARDS.— 
‘‘(1) REGULATIONS.—The Secretary of Trans-
portation may prescribe regulations amending the 
standard under subsection (b) of this section for a 
model year. If the Secretary does not prescribe regu-
lations under this subsection for a given model year, 
the standard in effect for the preceding model year 
shall apply to such model year and each model year 
thereafter. 
‘‘(2) MAXIMUM
FEASIBLE
AVERAGE
FUEL 
ECONOMY.—The standard prescribed under this sub-
section shall be the maximum feasible average fuel 
economy level that the Secretary decides the manu-
facturers can achieve in that model year. In amend-
ing such standard for a model year, the Secretary, 
consistent with the Secretary’s authority under this 
section for prescribing standards, may establish a 
standard based on one or more vehicle attributes re-
lated to fuel economy.’’; and 
(2) in subsection (g)(2), by striking ‘‘(and sub-
mit the amendment to Congress when required 
under subsection (c)(2) of this section)’’. 
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(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall be effective on the date of enactment 
of this Act. The Secretary of Transportation shall pre-
scribe regulations under section 32902(c) of title 49, 
United States Code, not later than December 30, 2008. 
Such regulations shall take into consideration standard 
automobile industry design and production processes. 
(c) STUDY OF REQUIREMENT OF SEPARATE CAL-
CULATIONS FOR DOMESTIC AND FOREIGN FLEETS.— 
(1) STUDY.—The Administrator of the National 
Highway Traffic Safety Administration shall con-
duct a study on the requirement of separate fuel 
economy calculations for automobiles manufactured 
domestically and not domestically contained in sec-
tion 32904(b) of title 49, United States Code. Such 
study shall— 
(A) assess the effects of such requirement 
on employment within the automobile industry 
in the United States; 
(B) assess the effects of such requirement 
on overall passenger automobile fuel economy; 
(C) determine the degree to which such re-
quirement encourages manufacturers to alter 
their automobiles in order to meet automobile 
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fuel efficiency standards for both domestic and 
foreign manufactured automobiles; 
(D) examine the effect of requirements of 
the North American Free Trade Agreement on 
the operation of such requirement; 
(E) determine whether such requirement 
has resulted in additional costs to automobile 
consumers; and 
(F) determine whether such requirement 
has promoted increased manufacturing of 
smaller, more fuel-efficient cars in the United 
States. 
(2) REPORT.—Not later than 180 days after 
the date of enactment of this Act, the Administrator 
of the National Highway Traffic Safety Administra-
tion shall transmit a report to Congress and to the 
Administrator of the Environmental Protection 
Agency on the conclusions of the study. 
Æ 
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