[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2927 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2927

     To increase the corporate average fuel economy standards for 
  automobiles, to promote the domestic development and production of 
         advanced technology vehicles, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 28, 2007

   Mr. Hill (for himself, Mr. Terry, Mr. Barrow, Mr. Brown of South 
 Carolina, Mr. Ryan of Wisconsin, Mr. Ross, and Mr. Towns) introduced 
 the following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
     To increase the corporate average fuel economy standards for 
  automobiles, to promote the domestic development and production of 
         advanced technology vehicles, and for other purposes.

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

SECTION 1. AVERAGE FUEL ECONOMY STANDARDS FOR AUTOMOBILES.

    (a) Increased Standards.--Section 32902 of title 49, United States 
Code, is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Non-Passenger Automobiles.--(1) Not later than 18 months 
before the beginning of each model year, the Secretary of 
Transportation shall prescribe by regulation average fuel economy 
standards for non-passenger automobiles manufactured by a manufacturer 
in that model year. Each standard prescribed under this paragraph shall 
be the maximum feasible average fuel economy level that the Secretary 
determines the manufacturers can achieve in that model year.
    ``(2) Each standard shall be expressed in terms of average miles 
per gallon of fuel and in terms of average grams per mile of carbon 
dioxide emissions, such that the specified average grams per mile of 
carbon dioxide emissions is equivalent to the average miles per gallon 
of fuel specified in the standard for that model year.
    ``(3) The Secretary may prescribe separate standards for different 
classes of automobiles under this subsection based on vehicle 
attributes pursuant to subsection (k).'';
            (2) by amending subsection (b) to read as follows:
    ``(b) Passenger Automobiles.--(1) Not later than 18 months before 
the beginning of each model year, the Secretary of Transportation shall 
prescribe by regulation average fuel economy standards for passenger 
automobiles manufactured by a manufacturer in that model year. Each 
standard prescribed under this paragraph shall be the maximum feasible 
average fuel economy level that the Secretary determines the 
manufacturers can achieve in that model year.
    ``(2) Each standard shall be expressed in terms of average miles 
per gallon of fuel and in terms of average grams per mile of carbon 
dioxide emissions, such that the specified average grams per mile of 
carbon dioxide emissions is equivalent in stringency to the average 
miles per gallon of fuel specified in the standard for that model year.
    ``(3) The Secretary may prescribe separate standards for different 
classes of passenger automobiles based on vehicle attributes pursuant 
to subsection (k).
    ``(4)(A) Notwithstanding any other provision of this section, for 
any model year in which the Secretary prescribes average fuel economy 
standards for passenger automobiles on the basis of vehicle attributes 
pursuant to subsection (k), the average fuel economy standard for 
passenger automobiles manufactured by a manufacturer in that model year 
shall also provide for an alternative minimum standard that shall apply 
only to a manufacturer's domestically manufactured passenger 
automobiles, as calculated under section 32904 as in effect on June 24, 
2007.
    ``(B) The alternative minimum standard referred to in subparagraph 
(A) shall be the greater of--
            ``(i) 27.5 miles per gallon; or
            ``(ii) 92 percent of the average fuel economy projected by 
        the Secretary for the combined domestic and foreign fleets 
        manufactured for sale in the United States by all manufacturers 
        in that model year, which projection shall be published in the 
        Federal Register when the standard for that model year is 
        promulgated in accordance with this section.
    ``(C) The alternative minimum standard under this paragraph shall 
apply to a manufacturer's domestically manufactured passenger 
automobiles only if the passenger automobile standard established on 
the basis of vehicle attributes pursuant to this subsection, excluding 
any credits transferred by the manufacturer pursuant to section 
32903(g) from other categories of automobiles described in such 
section, would allow that manufacturer to comply with a less stringent 
passenger automobile standard than the alternative minimum standard.''; 
and
            (3) by amending subsection (c) to read as follows:
    ``(c) Average Fuel Economy for Automobiles After 2021.--In 
prescribing standards under subsections (a) and (b), the Secretary 
shall prescribe separate average fuel economy standards for passenger 
automobiles and non-passenger automobiles such that--
            ``(1) the projected combined fuel economy average for model 
        year 2022 shall not be greater than 35 miles per gallon; and
            ``(2) the projected combined fuel economy average for model 
        year 2022 and subsequent model years shall be not less than 32 
        miles per gallon,
for the total fleet of automobiles manufactured for sale in the United 
States.''.
    (b) Authority of the Secretary To Prescribe Standards Based on 
Vehicle Attributes.--Section 32902 of title 49, United States Code, is 
further amended by adding at the end the following:
    ``(k) Authority of the Secretary To Prescribe Standards Based on 
Vehicle Attributes.--(1) In prescribing average fuel economy standards 
under this section, the Secretary may by regulation prescribe separate 
average fuel economy standards for passenger automobiles and non-
passenger automobiles based on vehicle attributes related to fuel 
economy, which includes carbon efficiency for purposes of this chapter, 
and express the standards in the form of a mathematical function.
    ``(2) If the Secretary prescribes standards for passenger 
automobiles on the basis of vehicle attributes, the Secretary shall 
provide a transition period during the first 3 model years in which an 
attribute-based standard would apply during which each manufacturer may 
elect whether to comply with the attribute-based standard or with the 
single corporate average fuel economy level prescribed under subsection 
(b).
    ``(l) The Secretary may prescribe regulations under this section 
establishing average fuel economy standards for automobiles for 1 or 
more consecutive model years, up to a maximum of 5 consecutive model 
years at one time.''.
    (c) Credit Transferring Within a Manufacturer's Fleet.--Section 
32903 of title 49, United States Code, is amended by adding at the end 
the following:
    ``(g) Credit Transferring Within a Manufacturer's Fleet.--(1) The 
Secretary of Transportation shall establish by regulation a corporate 
average fuel economy credit transferring program to allow any 
manufacturer whose automobiles exceed any of the average fuel economy 
standards prescribed under section 32902 to transfer the credits earned 
under this section and to apply such credits within that manufacturer's 
fleet to a compliance category of automobiles that fails to achieve the 
prescribed standards.
    ``(2) Credits transferred under this subsection are available to be 
used in the same model years that the manufacturer could have applied 
such credits under subsections (a), (b), (d), and (e), as well as for 
the model year in which the manufacturer earned such credits. The 
maximum increase in any compliance category attributable to transferred 
credits is 1.0 mile per gallon in any single model year.
    ``(3) In the case of transfers of credits to the category of 
automobiles described in paragraph (5)(B)(i), the transfer is limited 
to the extent that the fuel economy level of the manufacturer's fleet 
of passenger automobiles manufactured domestically shall comply with 
the provisions established under section 32902(b)(4), excluding any 
transfers from other categories of automobiles described in paragraph 
(5)(B).
    ``(4) A credit transferred in conformance with this subsection may 
only be so transferred if such credit is earned in model year 2010 or 
any subsequent model year.
    ``(5) As used in this subsection--
            ``(A) the term `fleet' means all automobiles manufactured 
        by a manufacturer in a particular model year; and
            ``(B) the term `compliance category of automobiles' means 
        any of the 3 categories of automobiles for which compliance is 
        separately calculated under this chapter, namely--
                    ``(i) passenger automobiles manufactured 
                domestically;
                    ``(ii) passenger automobiles not manufactured 
                domestically; and
                    ``(iii) non-passenger automobiles.''.
    (d) Technical and Conforming Amendments.--Chapter 329 of title 49, 
United States Code, is amended--
            (1) in section 32901(a)--
                    (A) by redesignating paragraph (16) as paragraph 
                (17); and
                    (B) by inserting after paragraph (15) the 
                following:
            ``(16) `non-passenger automobile' means an automobile that 
        is not a passenger automobile; and'';
            (2) in section 32902--
                    (A) in subsection (d)(1), by striking ``or (c)'';
                    (B) in subsection (g)--
                            (i) in paragraph (1), by striking 
                        ``subsection (a) or (d)'' both places it 
                        appears and inserting ``subsection (a), (b), 
                        (c), or (d)'';
                            (ii) in paragraph (2), by striking ``(and 
                        submit the amendment to Congress when required 
                        under subsection (c)(2) of this section)''; and
                    (C) in subsection (h), by inserting ``(a), (b),'' 
                after ``subsections'';
                    (D) in subsection (j), by striking ``subsection 
                (a),'' and inserting ``subsection (a), (b),'';
            (3) in section 32903--
                    (A) by striking ``section 32902(b)-(d) of this 
                title'' each place it appears and inserting 
                ``subsection (a) through (d) of section 32902'';
                    (B) in subsection (a)--
                            (i) by striking ``3 consecutive model 
                        years'' each place it appears and inserting ``5 
                        consecutive model years'';
                            (ii) in paragraph (2), by striking ``clause 
                        (1) of this subsection'' and inserting 
                        ``paragraph (1)''; and
                    (C) in subsection (b)--
                            (i) in paragraph (1), by striking 
                        ``paragraph (2) of this subsection'' and 
                        inserting ``paragraph (2) and subsection (g)''; 
                        and
                            (ii) in paragraph (2), by striking ``3 
                        model years'' and inserting ``5 model years''; 
                        and
                    (D) in subsection (e), by striking ``automobiles 
                that are not passenger automobiles'' and inserting 
                ``non-passenger automobiles'';
            (4) in section 32904(a)(1)(B), by striking ``section 
        32902(b)-(d)'' and inserting ``subsections (b) and (d) of 
        section 32902'';
            (5) in section 32909(b), by striking ``, except that a 
        petition for review'' and all that follows through ``referred 
        to in section 32902(c)(2)''; and
            (6) in section 32917(b)(1)(B), by striking ``or (c)''.
    (e) Effective Date and Transition From Existing Standards.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall take effect on the date 
        of the enactment of this Act.
            (2) Transition for passenger automobiles.--The standard or 
        standards for passenger automobiles under the authority of 
        section 32902(b) of title 49, United States Code, in effect on 
        the day before the date of the enactment of this Act, shall 
        remain in effect until a standard for passenger automobiles is 
        prescribed pursuant to such section, as amended by this 
        section.
            (3) Average fuel economy standard for non-passenger 
        automobiles in model years through 2011.--The average fuel 
        economy standard for non-passenger automobiles, under the 
        authority of section 32902(a) of title 49, United States Code, 
        for model years through 2011, shall be the standard described 
        in the final rule issued by the National Highway Traffic Safety 
        Administration entitled ``Average Fuel Economy Standards for 
        Light Trucks Model Years 2008-2011'' (71 Fed. Reg. 17566), as 
        amended in a notice published by the National Highway Traffic 
        Safety Administration on April 14, 2006 (71 Fed. Reg. 19449).
    (f) Civil Penalties.--Section 32912 of title 49, United States 
Code, is amended by adding at the end the following:
    ``(e) Fund for Domestic Commercialization and Production of 
Advanced Technology Vehicles and Components.--(1) There shall be 
established in the Treasury of the United States a separate account to 
fund domestic commercialization and production of advanced technology 
vehicles and vehicle components. Civil penalties obtained under this 
section from any manufacturer that violates a standard prescribed for a 
model year under section 32902 of this chapter shall be credited to the 
separate account.
    ``(2) Amounts in the separate account shall be available, subject 
to annual appropriation, without regard to fiscal year limitation. 
Additional amounts may be appropriated to the account.
    ``(3) The Secretary is authorized to make grants from the separate 
account to automobile manufacturers and component suppliers to pay a 
portion of the cost to reequip or expand an existing manufacturing 
facility in the United States to produce advanced technology vehicles 
or components.
    ``(4) The Secretary shall deposit at the end of each fiscal year, 
in the United States Treasury as miscellaneous receipts, amounts in the 
separate account that the Secretary decides are in excess of the needs 
of the account. The Secretary may carry over funds to the following 
fiscal year, if the Secretary decides that the continued availability 
of the funds will be necessary to carry out the purposes of this 
subsection.
    ``(5) The Secretary shall promulgate regulations implementing this 
subsection in consultation with the Secretary of Energy and the 
Administrator of the Environmental Protection Agency.''.

SEC. 2. TIRE FUEL EFFICIENCY CONSUMER INFORMATION.

    (a) In General.--Chapter 323 of title 49, United States Code, is 
amended by inserting after section 32304 the following new section:
``Sec. 32304A. Tire Fuel Efficiency Consumer Information
    ``(a) Rulemaking.--(1) Not later than 18 months after the date of 
enactment of this section, the Secretary of Transportation shall, after 
notice and opportunity for comment, promulgate rules establishing a 
national tire fuel efficiency consumer information program for 
replacement tires designed for use on motor vehicles to educate 
consumers about the effect of replacement tires on automobile fuel 
efficiency.
    ``(2) Items Included in Rule.--The rulemaking shall include each of 
the following:
            ``(A) A national tire fuel efficiency rating system for 
        motor vehicle replacement tires to assist consumers in making 
        more educated tire purchasing decisions.
            ``(B) Requirements for providing information to consumers, 
        including information at the point of sale of replacement tires 
        and other potential information dissemination methods, 
        including the internet.
            ``(C) Specifications for test methods for tire 
        manufacturers to use in assessing and rating replacement tires 
        to avoid variation among test equipment and manufacturers.
            ``(D) A national tire maintenance consumer education 
        program including, information on tire inflation pressure, 
        alignment, rotation, and tread wear to maximize fuel 
        efficiency.
    ``(3) Applicability.--This section shall not apply to tires 
excluded from coverage under section 575.104(c)(2) of title 49, Code of 
Federal Regulations, as in effect on date of enactment of this section.
    ``(b) Consultation.--The Secretary shall consult with the Secretary 
of Energy and the Administrator of the Environmental Protection Agency 
on the means of conveying tire fuel efficiency consumer information.
    ``(c) Report to Congress.--The Secretary shall conduct periodic 
assessments of the rules promulgated under this section to determine 
the utility of such rules to consumers, the level of cooperation by 
industry, and the contribution to national goals pertaining to energy 
consumption. The Secretary shall transmit periodic reports detailing 
the findings of such assessments to the Committee on Energy and 
Commerce of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate.
    ``(d) Preemption.--Nothing in this section shall prohibit a State 
or political subdivision of a State from enforcing a law or regulation 
on tire fuel efficiency consumer information in effect on January 1, 
2006. When a requirement under this section is in effect, a State or 
political subdivision of a State may adopt or enforce a law or 
regulation on tire fuel efficiency consumer information enacted after 
January 1, 2006, only if the law or regulation is identical to that 
requirement. Nothing in this section shall be construed to preempt a 
State or political subdivision of a State from regulating the fuel 
efficiency of tires not otherwise preempted under this chapter.''.
    (b) Enforcement.--Section 32308 of such chapter is amended by 
adding at the end the following:
    ``(e) Section 32304A.--Any person who fails to comply with the 
national tire fuel efficiency consumer information program under 
section 32304A is liable to the United States Government for a civil 
penalty of not more than $50,000 for each violation.''.
    (c) Table of Contents.--The table of contents for chapter 301 of 
title 49 is amended by adding the following new item after the item 
relating to section 32304:

``32304A. Tire fuel efficiency consumer information.''.

SEC. 3. FUEL CONSERVATION EDUCATION PROGRAM.

    (a) Partnership.--The Secretary of Transportation shall enter into 
a partnership with interested industry groups, including groups from 
the automotive, gasoline refining, and oil industries, and groups 
representing the public interest and consumers to establish a public 
education campaign that provides information to United States drivers 
about immediate measures that may be taken to conserve transportation 
fuel.
    (b) Accessibility.--The public information campaign under this 
section shall be targeted to reach the widest audience possible. The 
education campaign may include television, print, Internet website, or 
any other method designed to maximize the dissemination of 
transportation fuel savings information to drivers.
    (c) Cost Sharing.--The Secretary shall provide no more than 50 
percent of the cost of the campaign created under this section. The 
Secretary is authorized to accept private funds to augment funds made 
available under this subsection.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation such sums as may be 
necessary to carry out this section.

SEC. 4. EXTENSION OF MANUFACTURING CREDIT FOR ALTERNATIVE FUELED 
              AUTOMOBILES.

    (a) Extension of Alternative Fueled Automobiles Manufacturing 
Incentive.--Section 32905 of title 49, United States Code, is amended--
            (1) by striking ``1993-2010''' each place it appears and 
        inserting ``1993 through 2020'';
            (2) by striking subsections (f) and (g); and redesignating 
        subsection (h) as subsection (f); and
            (3) by inserting after subsection (f) (as so redesignated) 
        the following:
    ``(g) Definition.--For purposes of this section--
            ``(1) the term `dedicated automobile' includes an 
        automobile that operates on diesel fuel blends containing not 
        less than 20 percent non-petroleum-based fuel alternatives; and
            ``(2) the term `dual fueled automobile' includes an 
        automobile warranted by the manufacturer of the vehicle to 
        operate on any combination of gasoline or diesel fuel and on 
        diesel fuel blends containing not less than 20 percent non-
        petroleum based fuel alternatives.''.
    (b) Extension of Maximum Increase Period.--Section 32906(a) of 
title 49, United States Code, is amended--
            (1) by striking ``1993-2010'' and inserting ``1993 through 
        2020'';
            (2) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``(A)''; and
                    (B) by striking subparagraph (B); and
            (3) in paragraph (2), by striking ``describ-
        ed--'' and all that follows and inserting ``is more than 1.2 
        miles per gallon, the limitation in paragraph (1) applies''.
                                 <all>