[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5092 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 5092

 To amend title 49, United States Code, to eliminate corporate average 
            fuel economy standards, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2026

Mr. Crapo (for himself, Mr. Ricketts, Mr. Risch, Mr. Scott of Florida, 
  Mr. Armstrong, and Mrs. Hyde-Smith) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To amend title 49, United States Code, to eliminate corporate average 
            fuel economy standards, 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. SHORT TITLE.

    This Act may be cited as the ``Restoring Affordability in 
Automobile Manufacturing Act'' or the ``RAAM Act''.

SEC. 2. ELIMINATION OF CAFE STANDARDS.

    (a) Repeal.--
            (1) In general.--Chapter 329 of subtitle VI of title 49, 
        United States Code, is repealed.
            (2) Clerical amendment.--The analysis for part C of 
        subtitle VI of title 49, United States Code, is amended by 
        striking the items relating to chapter 329.
    (b) Applicability.--The amendment made by subsection (a)(1) shall 
apply to model year 2029, and each model year thereafter, of a 
manufacturer.
    (c) Conforming Amendments.--
            (1) Section 321 of the Energy Policy and Conservation Act 
        (42 U.S.C. 6291) is amended--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``, as defined in section 
                        32901(a)(3) of title 49, United States Code'';
                            (ii) by redesignating subparagraphs (A) and 
                        (B) as clauses (i) and (ii), respectively, and 
                        indenting appropriately; and
                            (iii) in the matter preceding clause (i) 
                        (as so redesignated), by striking ``(1) The 
                        term'' and inserting the following:
            ``(1) Consumer product.--
                    ``(A) In general.--The term''; and
                    (B) by adding at the end the following:
                    ``(B) Related definition.--For purposes of 
                subparagraph (A), the term `automobile' means a 4-
                wheeled vehicle that is propelled by fuel, or by 
                alternative fuel, manufactured primarily for use on 
                public streets, roads, and highways and rated at less 
                than 10,000 pounds gross vehicle weight, except--
                            ``(i) a vehicle operated only on a rail 
                        line;
                            ``(ii) a vehicle manufactured in different 
                        stages by 2 or more manufacturers, if no 
                        intermediate or final-stage manufacturer of 
                        that vehicle manufactures more than 10,000 
                        multi-stage vehicles per year; or
                            ``(iii) a work truck.''.
            (2) Section 400AA(g) of the Energy Policy and Conservation 
        Act (42 U.S.C. 6374(g)) is amended--
                    (A) by redesignating paragraphs (4), (5), and (6) 
                as paragraphs (5), (7), and (8), respectively;
                    (B) by inserting after paragraph (3) the following:
            ``(4) the term `dedicated automobile' means an automobile 
        that operates only on alternative fuel;'';
                    (C) in subparagraph (A) of paragraph (5) (as so 
                redesignated), by striking ``, as such term is defined 
                in section 513(h)(1)(C) of the Motor Vehicle 
                Information and Cost Savings Act'';
                    (D) by inserting after paragraph (5) (as so 
                redesignated) the following:
            ``(6) the term `dual fueled automobile' means an automobile 
        that--
                    ``(A) is capable of operating on alternative fuel 
                or a mixture of biodiesel and diesel fuel meeting the 
                standard established by the American Society for 
                Testing and Materials or under section 211(u) of the 
                Clean Air Act (42 U.S.C. 7545(u)) for fuel containing 
                20 percent biodiesel (commonly known as `B20') and on 
                gasoline or diesel fuel; and
                    ``(B) provides equal or superior energy efficiency, 
                as calculated for the applicable model year during fuel 
                economy testing for the United States Government, when 
                operating on alternative fuel as when operating on 
                gasoline or diesel fuel;''; and
                    (E) in subparagraph (A) of paragraph (7) (as so 
                redesignated), by striking ``, as such term is defined 
                in section 513(h)(1)(D) of the Motor Vehicle 
                Information and Cost Savings Act''.
            (3) Section 301 of the Energy Policy Act of 1992 (42 U.S.C. 
        13211) is amended--
                    (A) by redesignating paragraphs (6), (7), (8), and 
                (9) through (14) as paragraphs (7), (8), (10), and (11) 
                through (16), respectively;
                    (B) by inserting after paragraph (5) the following:
            ``(6) the term `dedicated automobile' means an automobile 
        that operates only on alternative fuel;'';
                    (C) in subparagraph (A) of paragraph (7) (as so 
                redesignated), by striking ``, as such term is defined 
                in section 513(h)(1)(C) of the Motor Vehicle 
                Information and Cost Savings Act'';
                    (D) by inserting after paragraph (8) (as so 
                redesignated) the following:
            ``(9) the term `dual fueled automobile' means an automobile 
        that--
                    ``(A) is capable of operating on alternative fuel 
                or a mixture of biodiesel and diesel fuel meeting the 
                standard established by the American Society for 
                Testing and Materials or under section 211(u) of the 
                Clean Air Act (42 U.S.C. 7545(u)) for fuel containing 
                20 percent biodiesel (commonly known as `B20') and on 
                gasoline or diesel fuel; and
                    ``(B) provides equal or superior energy efficiency, 
                as calculated for the applicable model year during fuel 
                economy testing for the United States Government, when 
                operating on alternative fuel as when operating on 
                gasoline or diesel fuel;''; and
                    (E) in subparagraph (A) of paragraph (10) (as so 
                redesignated), by striking ``, as such term is defined 
                in section 513(h)(1)(D) of the Motor Vehicle 
                Information and Cost Savings Act''.
            (4) Section 30501(1) of title 49, United States Code, is 
        amended by striking ``has the same meaning given that term in 
        section 32901(a) of this title'' and inserting the following: 
        ``means a 4-wheeled vehicle that is propelled by fuel, or by 
        alternative fuel, manufactured primarily for use on public 
        streets, roads, and highways and rated at less than 10,000 
        pounds gross vehicle weight, except--
                    ``(A) a vehicle operated only on a rail line;
                    ``(B) a vehicle manufactured in different stages by 
                2 or more manufacturers, if no intermediate or final-
                stage manufacturer of that vehicle manufactures more 
                than 10,000 multi-stage vehicles per year; or
                    ``(C) a work truck.''.
            (5) Section 33101(8) of title 49, United States Code, is 
        amended by striking ``has the same meaning given that term in 
        section 32901(a) of this title'' and inserting the following: 
        ``, with respect to a specific calendar year, means--
                    ``(A) the annual production period of a 
                manufacturer, as determined by the Administrator of the 
                Environmental Protection Agency, that includes January 
                1 of that calendar year; or
                    ``(B) that calendar year if the manufacturer does 
                not have an annual production period.''.
            (6) Section 30114(b)(4) of title 49, United States Code, is 
        amended by striking ``sections 32304, 32502, and 32902'' and 
        inserting ``sections 32304 and 32502''.
            (7) Section 166(e)(2) of title 23, United States Code, is 
        amended by striking ``, in accordance with section 32908(b) of 
        title 49''.
            (8) Section 32304(g) of title 49, United States Code, is 
        amended, in the second sentence, by striking ``, on the label 
        required by section 32908 of this title,''.
            (9) Section 33117 of title 49, United States Code, is 
        amended to read as follows:
``Sec. 33117. Judicial review
    ``(a) Filing and Venue.--A person that may be adversely affected by 
a regulation promulgated under this chapter may apply for review of the 
regulation by filing a petition for review in the United States Court 
of Appeals for the District of Columbia Circuit or in the court of 
appeals of the United States for the circuit in which the person 
resides or has its principal place of business.
    ``(b) Time for Filing and Judicial Procedures.--
            ``(1) In general.--A petition filed under subsection (a) 
        shall be filed not later than 59 days after the regulation is 
        promulgated.
            ``(2) Clerk of court.--The clerk of the court shall send 
        immediately a copy of a petition filed under subsection (a) to 
        the Secretary of Transportation.
            ``(3) Record of proceeding.--The Secretary of 
        Transportation shall file with the court a record of the 
        proceeding in which the applicable regulation was promulgated.
    ``(c) Additional Proceedings.--
            ``(1) In general.--When reviewing a regulation under 
        subsection (a), the court, on request of the petitioner, may 
        order the Secretary of Transportation to receive additional 
        submissions if the court is satisfied the additional 
        submissions are material and there were reasonable grounds for 
        not presenting the submissions in the proceeding before the 
        Secretary of Transportation.
            ``(2) Amend or set aside.--The Secretary of Transportation 
        may amend or set aside the regulation, or promulgate a new 
        regulation, based on the additional submissions presented under 
        paragraph (1), which shall be filed with and reviewed by the 
        court.
    ``(d) Supreme Court Review and Additional Remedies.--A judgment of 
a court under this section may be reviewed only by the Supreme Court 
under section 1254 of title 28.
    ``(e) Clarification.--A remedy under subsections (a) and (c) is in 
addition to any other remedies provided by law.''.
            (10) Section 513 of the Energy Policy Act of 1992 (42 
        U.S.C. 13263) is amended by striking ``under section 505(b)(1) 
        of the Motor Vehicle Information and Cost Savings Act (15 
        U.S.C. 2005(b)(1))'' and inserting ``under subchapter II of 
        chapter 5, and chapter 7, of title 5, United States Code 
        (commonly known as the `Administrative Procedure Act')''.

SEC. 3. NATIONAL FUEL ECONOMY POLICY.

    (a) Federal Authority and Exclusivity.--It is the sense of Congress 
that, pursuant to the Commerce Clause of section 8 of article I of the 
Constitution of the United States, the regulation of fuel economy 
standards for motor vehicles manufactured for sale in interstate 
commerce is exclusively reserved to the Federal Government.
    (b) Preemption.--A State or a political subdivision thereof may not 
adopt or enforce a law or regulation requiring compliance with fuel 
economy standards or average fuel economy standards for automobiles.
    (c) Rule of Construction.--This section shall be construed as 
providing that a person involved in the purchase, manufacture, or sale 
of a motor vehicle for use in interstate commerce, including consumers, 
manufacturers, distributors, and sellers of motor vehicles, has a right 
to be free from the adoption or enforcement of State laws or 
regulations inconsistent with this section.
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