[House Report 113-320]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-320
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AMENDING THE CLEAN AIR ACT TO REMOVE THE REQUIREMENT FOR DEALER
CERTIFICATION OF NEW LIGHT-DUTY MOTOR VEHICLES
_______
January 7, 2014.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Upton, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 724]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 724) to amend the Clean Air Act to remove the
requirement for dealer certification of new light-duty motor
vehicles, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Committee Consideration.......................................... 2
Committee Votes.................................................. 2
Committee Oversight Findings..................................... 2
Statement of General Performance Goals and Objectives............ 2
New Budget Authority, Entitlement Authority, and Tax Expenditures 2
Earmark, Limited Tax Benefits, and Limited Tariff Benefits....... 3
Committee Cost Estimate.......................................... 3
Congressional Budget Office Estimate............................. 3
Federal Mandates Statement....................................... 3
Duplication of Federal Programs.................................. 3
Disclosure of Directed Rule Makings.............................. 4
Advisory Committee Statement..................................... 4
Applicability to Legislative Branch.............................. 4
Section-by-Section Analysis of the Legislation................... 4
Changes in Existing Law Made by the Bill, as Reported............ 4
Purpose and Summary
H.R. 724 strikes section 207(h)(1) of the Clean Air Act (42
U.S.C. 7541(h)), which requires auto dealers, upon sale of each
new light-duty motor vehicle, to furnish to the purchaser a
certificate that such motor vehicle conforms to the emissions
standards issued pursuant to section 202 (42 U.S.C. 7521) and
notice of the purchaser's right to have the manufacturer remedy
any nonconformity to section 202 emissions standards at the
cost of the manufacturer during the warranty period.
Background and Need for Legislation
The Clean Air Act measures ensuring that all new vehicles
offered for sale comply with the Act have made the section
207(h)(1) dealer certificate unnecessary. In addition, the
warranty information on the certificate is now outdated, and
current warranty information is available to consumers
elsewhere. Further, the Environmental Protection Agency no
longer enforces this requirement. No other provisions of the
Clean Air Act are changed by H.R. 724.
Hearings
The Committee on Energy and Commerce has not held hearings
on the legislation.
Committee Consideration
On December 10 and 11, 2013, the Committee on Energy and
Commerce met in open markup session and ordered H.R. 724
reported to the House, without amendment, was agreed to by a
voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
There were no rollcall votes taken in connection with ordering
H.R. 724 reported. A motion by Mr. Upton to order H.R. 724
reported to the House, without amendment, was agreed to by a
voice vote.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has not held hearings
on this legislation.
Statement of General Performance Goals and Objectives
The goal of the legislation is to remove an unnecessary and
outdated paperwork requirement applicable to new motor vehicle
purchases.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
724, would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
Earmark, Limited Tax Benefits, and Limited Tariff Benefits
In compliance with clause 9(e), 9(f), and 9(g) of rule XXI
of the Rules of the House of Representatives, the Committee
finds that H.R. 724 contains no earmarks, limited tax benefits,
or limited tariff benefits.
Committee Cost Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
provided by the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974:
H.R. 724--A bill to amend the Clean Air Act to remove the requirement
for dealer certification of new light-duty motor vehicles
H.R. 724 would repeal a requirement under the Clean Air Act
(CAA) that automobile dealers provide purchasers of new light-
duty motor vehicles with a certificate that indicates the
vehicle conforms to federal emissions standards. The
certificate also indicates the purchaser's right to have the
manufacturer fix the vehicle if it does not comply with
emission standards.
According to the Environmental Protection Agency, other
provisions under the CAA ensure that all new vehicles offered
for sale comply with the Act. Thus, CBO estimates that
repealing this requirement would have no impact on the federal
budget. Enacting H.R. 724 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
H.R. 724 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Susanne S.
Mehlman. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Duplication of Federal Programs
No provision of H.R. 724 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that enacting H.R. 724 specifically
directs to be completed no specific rule makings within the
meaning of 5 U.S.C. 551.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1 strikes paragraph 1 of section 207(h) of the
Clean Air Act (42 U.S.C. 7541(h)), which provides that ``[u]pon
the sale of each new light-duty motor vehicle by a dealer, the
dealer shall furnish to the purchaser a certificate that such
motor vehicle conforms to the applicable regulations under
section 7521 of this title, including notice of the purchaser's
rights under [this subsection].''
The section also includes a technical correction, re-
designating current paragraphs (2) and (3) as paragraphs (1)
and (2), respectively.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
CLEAN AIR ACT
* * * * * * *
TITLE II--EMISSION STANDARDS FOR MOVING SOURCES
* * * * * * *
Part A--Motor Vehicle Emission and Fuel Standards
* * * * * * *
compliance by vehicles and engines in actual use
Sec. 207. (a) * * *
* * * * * * *
(h)[(1) Upon the sale of each new light-duty motor vehicle by
a dealer, the dealer shall furnish to the purchaser a
certificate that such motor vehicle conforms to the applicable
regulations under section 202, including notice of the
purchaser's rights under paragraph (2).]
[(2)] (1) If at any time during the period for which the
warranty applies under subsection (b), a motor vehicle fails to
conform to the applicable regulations under section 202 as
determined under subsection (b) of this section such
nonconformity shall be remedied by the manufacturer at the cost
of the manufacturer pursuant to such warranty as provided in
section 207(b)(2) (without regard to subparagraph (C) thereof).
[(3)] (2) Nothing in section 209(a) shall be construed to
prohibit a State from testing, or requiring testing of, a motor
vehicle after the date of sale of such vehicle to the ultimate
purchaser (except that no new motor vehicle manufacturer or
dealer may be required to conduct testing under this
paragraph).
* * * * * * *