[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1648 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1648

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 9, 2005

  Mr. Durbin 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 improve the system for 
     enhancing automobile fuel efficiency, 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 ``Automobile Fuel Efficiency 
Improvements Act of 2005''.

SEC. 2. 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. 3. 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 title 49, United 
States Code, 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 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. 4. 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. 5. ACCURATE FUEL ECONOMY TESTING.

    (a) Biennial Report on Testing Quality.--
            (1) Requirement for report.--
                    (A) In general.--Chapter 329 of title 49, United 
                States Code, is amended by adding at the end the 
                following:
``Sec. 32920. Biennial report on testing quality
    ``(a) Requirement for Report.--Not later than October 1 of each 
odd-numbered year, the Secretary of Transportation shall submit to 
Congress a report on the quality of the testing for determining 
automobile fuel economy under this chapter for all currently available 
technologies for automobiles.
    ``(b) Content of Report.--The report shall include the following 
information:
            ``(1) An assessment of the accuracy of the fuel economy 
        determined for automobiles in relation to actual highway and 
        road vehicle fuel economy.
            ``(2) A discussion of changes in testing methodology that 
        are planned to be made, together with an assessment of the 
        effects that such changes are expected to have on the accuracy 
        of the measures of automobile fuel economy resulting from the 
        use of the testing methodology as changed.
    ``(c) Consultation Requirement.--The Secretary of Transportation 
and the Administrator of the Environmental Protection Agency shall 
consult on the preparation of the biennial report under this 
section.''.
                    (B) Clerical amendment.--The table of sections at 
                the beginning of chapter 329 of title 49, United States 
                Code, is amended by adding at the end the following new 
                item:

``32920. Biennial report on testing quality.''.
            (2) First report.--The first report under section 32920 of 
        title 49, United States Code, as added by paragraph (1), shall 
        be submitted to Congress in 2007.
    (b) Improvement of Process for Measuring Fuel Economy.--
            (1) Study.--
                    (A) Requirement for study.--The Secretary of 
                Transportation shall provide for the John A. Volpe 
                National Transportation Systems Center to carry out a 
                study--
                            (i) to determine what practicable 
                        automobile fuel economy testing process 
                        provides the most accurate measures of actual 
                        automobile fuel economy in highway use, in 
                        urban use, and in combined highway and in urban 
                        use; and
                            (ii) to compare the average automobile fuel 
                        economy ratings calculated under the testing 
                        process determined under clause (i) for each 
                        category of automobile use described in that 
                        clause with the corresponding automobile fuel 
                        economy ratings calculated under the testing 
                        process in use under chapter 329 of title 49, 
                        United States Code, on the date of enactment of 
                        this Act.
                    (B) Report.--Not later than 2 years after the date 
                of enactment of this Act, the Secretary shall submit to 
                Congress a report on the results of the study under 
                subparagraph (A), which shall include--
                            (i) the determination and comparisons made 
                        under subparagraph (A); and
                            (ii) an estimate of the average adjustment 
                        to automobile fuel economy ratings calculated 
                        under the testing process used for the purposes 
                        of chapter 329 of title 49, United States Code, 
                        as of the date of enactment of this Act that is 
                        needed to conform those ratings closely to the 
                        automobile fuel economy ratings calculated 
                        under the testing process determined most 
                        accurate under subparagraph (A)(i).
            (2) Testing procedure revision.--
                    (A) Requirement for revised procedure.--Not later 
                than 180 days after the date on which the report 
                required under paragraph (1)(B) is submitted to 
                Congress, the Secretary of Transportation shall 
                prescribe, by regulation--
                            (i) a revised testing procedure for 
                        accurately measuring the actual automobile fuel 
                        economy of each model of automobile; and
                            (ii) a requirement that the revised testing 
                        procedure be applied for the purposes of 
                        chapter 329 of title 49, United States Code, to 
                        determine the average fuel economy of the 
                        automobiles manufactured in model years after 
                        model year 2008.
                    (B) Model for revised procedure.--The testing 
                procedure prescribed under subparagraph (A) shall be 
                based on the testing process identified in the report 
                required under paragraph (1)(B) as providing the most 
                accurate measures of actual automobile fuel economy.
            (3) Comparable adjustment in average fuel economy 
        standards.--
                    (A) Requirement for adjustment.--For automobiles 
                manufactured in model years after model year 2008, the 
                Secretary of Transportation shall amend each average 
                fuel economy standard prescribed under section 32902 of 
                title 49, United States Code, to take into account 
                improved accuracy in the calculation of automobile fuel 
                economy that results from use of the revised testing 
                procedure applied as required under paragraph (2).
                    (B) Condition.--The Secretary shall ensure that 
                each average fuel economy standard applied as amended 
                under subparagraph (A) is at least as stringent as the 
                corresponding average fuel economy standard that the 
                Secretary would have applied under section 32902 of 
                title 49, United States Code, if the fuel economy 
                testing procedure had not been revised as required 
                under paragraph (2).

SEC. 6. 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.''.
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