To amend title 49, United States Code, to improve the system for enhancing automobile fuel efficiency, and for other purposes.

SA 902. Mr. DURBIN submitted an amendment intended to be proposed by
him to the bill H.R. 6, to ensure jobs for our future with secure,
affordable, and reliable energy; which was ordered to lie on the table;
as follows:

On page 424, line 9, strike ``SEC. 711'' and insert the
following:

SEC. 711. SHORT TITLE.

This subtitle may be cited as the ``Automobile Fuel
Efficiency Improvements Act of 2005''.

SEC. 712. PHASED INCREASES IN FUEL ECONOMY STANDARDS.

(a) Passenger Automobiles.--
(1) Minimum standards.--Section 32902(b) of title 49,
United States Code, is amended to read as follows:
``(b) Passenger Automobiles.--Except as otherwise provided
under this section, the average fuel economy standard for
passenger automobiles manufactured by a manufacturer in a
model year--
``(1) after model year 1984 and before model year 2008
shall be 25 miles per gallon;
``(2) after model year 2007 and before model year 2011
shall be 28 miles per gallon;
``(3) after model year 2010 and before model year 2014
shall be 32 miles per gallon;
``(4) after model year 2013 and before model year 2017
shall be 36 miles per gallon; and
``(5) after model year 2016 shall be 40 miles per
gallon.''.
(2) Higher standards set by regulation.--Section 32902(c)
of title 49, United States Code, is amended--
(A) by striking paragraph (2); and
(B) in paragraph (1)--
(i) by striking ``Subject to paragraph (2) of this
subsection, the'' and inserting ``The'';
(ii) by striking ``amending the standard'' and inserting
``increasing the standard otherwise applicable''; and
(iii) by striking ``Section 553'' and inserting the
following:
``(2) Section 553''.
(b) Non-passenger Automobiles.--Section 32902(a) of title
49, United States Code, is amended--
(1) by striking ``At least 18 months before each model
year,'' and inserting the following:
``(1) The average fuel economy standard applicable for
automobiles (except passenger automobiles) manufactured by a
manufacturer in a model year--
``(A) after model year 1984 and before model year 2008
shall be 17 miles per gallon;
``(B) after model year 2007 and before model year 2011
shall be 19 miles per gallon;
``(C) after model year 2010 and before model year 2014
shall be 21.5 miles per gallon;
``(D) after model year 2013 and before model year 2017
shall be 24.5 miles per gallon; and
``(E) after model year 2016 shall be 27.5 miles per gallon,
except as provided under paragraph (2).
``(2) At least 18 months before the beginning of each model
year after model year 2017,''; and
(2) by adding at the end the following:
``(3) If the Secretary does not increase the average fuel
economy standard applicable under paragraph (1)(E) or (2), or
applicable to any class under paragraph (2), within 24 months
after the latest increase in the standard applicable under
paragraph (1)(E) or (2), the Secretary, not later than 90
days after the expiration of the 24-month period, shall
submit to Congress a report containing an explanation of the
reasons for not increasing the standard.''.

SEC. 713. INCREASED INCLUSIVENESS OF DEFINITIONS OF
AUTOMOBILE AND PASSENGER AUTOMOBILE.

(a) Automobile.--
(1) In general.--Section 32901(a)(3) of title 49, United
States Code, is amended--
(A) by striking ``6,000 pounds'' each place it appears and
inserting ``12,000 pounds''; and
(B) in subparagraph (B)--
(i) by striking ``10,000 pounds'' and inserting ``14,000
pounds''; and
(ii) in clause (ii), by striking ``an average fuel economy
standard'' and all that follows through ``conservation or''.
(2) Special rule.--Section 32908(a)(1) of such title is
amended by striking ``8,500 pounds'' and inserting ``14,000
pounds''.
(b) Passenger Automobile.--Section 32901(a)(16) of such
title is amended to read as follows:
``(16) `passenger automobile'--
``(A) means, except as provided in subparagraph (B), an
automobile having a gross vehicle weight of 12,000 pounds or
less that is designed to be used principally for the
transportation of persons; but
``(B) does not include--
``(i) a vehicle that has a primary load carrying device or
container attached;
``(ii) a vehicle that has a seating capacity of more than
12 persons;
``(iii) a vehicle that has a seating capacity of more than
9 persons behind the driver's seat; or
``(iv) a vehicle that is equipped with a cargo area of at
least 6 feet in interior length that does not extend beyond
the frame of the vehicle and is an open area or is designed
for

[[Page S7106]]

use as an open area but is enclosed by a cap and is not
readily accessible directly from the passenger
compartment.''.
(c) Applicability.--The amendments made by this section
shall apply with respect to automobiles manufactured for
model years beginning after the date of enactment of this
Act.

SEC. 714. CIVIL PENALTIES.

(a) Increased Penalty for Violations of Fuel Economy
Standards.--Section 32912(b) of title 49, United States Code,
is amended--
(1) by inserting ``(1)'' before ``Except as provided'';
(2) by striking ``$5'' and inserting ``the dollar amount
applicable under paragraph (2)'';
(3) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively; and
(4) by adding at the end the following:
``(2)(A) The dollar amount referred to in paragraph (1) is
$10, as increased from time to time under subparagraph (B).
``(B) Effective on October 1 of each year, the dollar
amount applicable under subparagraph (A) shall be increased
by the percentage (rounded to the nearest one-tenth of one
percent) by which the price index for July of such year
exceeds the price index for July of the preceding year. The
amount calculated under the preceding sentence shall be
rounded to the nearest $0.10.
``(C) In this paragraph, the term `price index' means the
Consumer Price Index for all-urban consumers published
monthly by the Department of Labor.''.
(b) Conforming Amendment.--Section 32912(c)(1) of title 49,
United States Code, is amended--
(1) by striking subparagraph (B); and
(2) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively.
(c) Applicability.--The amendments made by subsection (a)
shall apply with respect to automobiles manufactured for
model years beginning after the date of enactment of this
Act.

SEC. 715. STANDARDS FOR EXECUTIVE AGENCY AUTOMOBILES.

Section 32917 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) The President shall prescribe regulations that
require automobiles leased for at least 60 consecutive days
or bought by executive agencies in a fiscal year to achieve--
``(A) in the case of non-passenger automobiles, a fleet
average fuel economy for that year of at least the average
fuel economy standard applicable under section 32902(a) of
this title for the model year that includes January 1 of that
fiscal year; and
``(B) in the case of passenger automobiles, a fleet average
fuel economy for that year of at least the average fuel
economy standard applicable under subsection (b) or (c) of
section 32902 of this title for such model year.'';
(B) in paragraph (2)--

(i) by striking ``Fleet average fuel economy is--'' and
inserting ``For the purposes of paragraph (1), the fleet
average fuel economy of non-passenger or passenger
automobiles in a fiscal year is--'';
(ii) in subparagraph (A), by striking ``passenger
automobiles leased for at least 60 consecutive days or bought
by executive agencies in a'' and inserting ``the non-
passenger automobiles or passenger automobiles, respectively,
that are leased for at least 60 consecutive days or bought by
executive agencies in such''; and
(iii) in subparagraph (B), by inserting ``such'' after
``the number of''; and

(2) by adding at the end the following:
``(c) Minimum Number of Exceptionally Fuel-Efficient
Vehicles.--The President shall prescribe regulations that
require that--
``(1) at least 20 percent of the passenger automobiles
leased for at least 60 consecutive days or bought by
executive agencies in a fiscal year have a vehicle fuel
economy rating that is at least 5 miles per gallon higher
than the average fuel economy standard applicable to the
automobile under subsection (b) or (c) of section 32902 of
this title for the model year that includes January 1 of that
fiscal year; and
``(2) beginning in fiscal year 2011, at least 10,000
vehicles in the fleet of automobiles used by executive
agencies in a fiscal year have a vehicle fuel economy that is
at least 5 miles per gallon higher than the average fuel
economy standards applicable to such automobiles under
section 32902 of this title for the model year that includes
January 1 of that fiscal year.''.

SEC. 716.

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