[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United States Code, is repealed.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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