I 

111TH CONGRESS 

1ST SESSION H. R. 1550 

To accelerate motor fuel savings nationwide and provide incentives to registered owners of high polluting automobiles to replace such automobiles 

with new fuel efficient and less polluting automobiles or public transportation. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 17, 2009 

Ms. SUTTON (for herself, Mr. BRALEY of Iowa, and Mrs. MILLER of Michigan) introduced the following bill; which was referred to the Committee 

on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

A BILL 

To accelerate motor fuel savings nationwide and provide incentives to registered owners of high polluting automobiles to replace such automobiles with new fuel efficient and less polluting automobiles or public transportation. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Consumer Assistance 

5 to Recycle and Save Act of 2009’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) AUTOMOBILE; MANUFACTURER; MODEL; 

4 MODEL YEAR; PASSENGER AUTOMOBILE.—The terms 

5 ‘‘automobile’’, ‘‘manufacturer’’, ‘‘model’’, ‘‘model 

6 year,’’ ‘‘passenger automobile,’’ and ‘‘work truck’’ 

7 have the meanings given such terms in section 

8 32901(a) of title 49, United States Code. 

9 (2) CERTIFICATE OF TITLE.—The term ‘‘cer10 tificate of title’’ means a valid State-issued title or 

11 other document showing ownership by a person of 

12 an automobile. 

13 (3) DEALER.—The term ‘‘dealer’’ means a per14 son engaged in any State in the business of selling 

15 or leasing in interstate commerce new automobiles 

16 (except a person buying such automobile as a dealer) 

17 to an ultimate purchaser. 

18 (4) DISMANTLER.—The term ‘‘dismantler’’ 

19 means a person residing in a State and is licensed 

20 or otherwise authorized by a State or local govern21 ment to operate a business employing 3 or more per22 sons to take automobiles apart for the purpose of re23 claiming usable parts and recyclable materials. 

24 (5) DISTRIBUTOR.—The term ‘‘distributor’’ 

25 means a person who acts for, and is under the con26 trol of, a manufacturer in connection with the disVerDate Nov 24 2008 07:16 Mar 18, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1550.IH H1550

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1 tribution of new automobiles or new automobile en2 gines, but shall not include any dealer with respect 

3 to such automobiles or engines received by such per4 son in commerce. 

5 (6) ELIGIBLE HIGH POLLUTING AUTO6 MOBILE.—The term ‘‘eligible high polluting auto7 mobile’’ means an automobile that, at the time it is 

8 presented for participation in the program estab9 lished under section 3 of this Act, it— 

10 (A) is in drivable condition; and 

11 (B) has been continuously registered and 

12 licensed to operate on public roads in any State 

13 for a period of not fewer than 120 consecutive 

14 days immediately prior to such presentation. 

15 (7) HIGH POLLUTING AUTOMOBILE.—The term 

16 ‘‘high polluting automobile’’ means an automobile 

17 that is either an inefficient or high polluting auto18 mobile and that was issued a certificate of con19 formity with the regulations prescribed under section 

20 202 of the Clean Air Act (42 U.S.C. 7521) for any 

21 model year before model year 2001, and is not a 

22 new fuel efficient automobile. 

23 (8) HIGHWAY LABEL FUEL ECONOMY VALUE.— 

24 The term ‘‘highway label fuel economy value’’ means 

25 the number, expressed in miles per gallon, centered 


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1 directly below the words ‘‘Highway MPG’’ on the 

2 label required to be affixed or caused to be affixed 

3 on a new automobile pursuant to subpart D of part 

4 600 of title 40 Code of Federal Regulations. 

5 (9) CITY LABEL FUEL ECONOMY VALUE.—The 

6 term ‘‘city label fuel economy value’’ means the 

7 number, expressed in miles per gallon, centered di8 rectly below the words ‘‘City MPG’’ on the label re9 quired to be affixed or caused to be affixed on a new 

10 automobile pursuant to subpart D of part 600 of 

11 title 40 Code of Federal Regulations. 

12 (10) BATTERY ELECTRIC AUTOMOBILE.—The 

13 term ‘‘battery electric automobile’’ means an auto14 mobile that— 

15 (A) draws motive power from a battery 

16 with a capacity of at least 4-kilowatt hours; and 

17 (B) is recharged from an external source 

18 of electricity for motive power. 

19 (11) NEW FUEL EFFICIENT AUTOMOBILE.— 

20 The term ‘‘new fuel efficient automobile’’ means a 

21 model year 2009, 2010, or 2011 passenger auto22 mobile, nonpassenger automobile, or work truck for 

23 which— 

24 (A) a manufacturer, distributor, or dealer 

25 has never, except in accordance with the ProVerDate Nov 24 2008 07:16 Mar 18, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1550.IH H1550

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1 gram established by this Act, transferred the 

2 equitable or legal title by contract, lease or 

3 other means thereof to an ultimate purchaser; 

4 (B) a dealer participating in such Program 

5 may, during the period beginning after the date 

6 in calendar year 2009 that the interim final 

7 regulations required by section 3(f) of this Act 

8 are promulgated by the Secretary and ending 

9 on December 31, 2010, accept a voucher under 

10 such Program as an offset of the purchase price 

11 of such automobile paid by such purchaser; and 

12 (C) at the time of such purchase of such 

13 automobile by an ultimate purchaser— 

14 (i) carries a manufacturer’s suggested 

15 retail price of $35,000 or less; and 

16 (ii) achieves the emission standard 

17 listed as tier 2, bin 5 in table S04–1 under 

18 section 86.1811–04 of title 40, Code of 

19 Federal Regulation. 

20 (12) NONPASSENGER AUTOMOBILE.—The term 

21 ‘‘nonpassenger automobile’’ means an automobile 

22 classified as a light truck under part 523 of title 49, 

23 Code of Federal Regulations, and is not a work 

24 truck. 


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1 (13) PERSON.—The term ‘‘person’’ has the 

2 meaning given such term in section 551 of title 5, 

3 United States Code. 

4 (14) PLUG-IN ELECTRIC DRIVE AUTOMOBILE.— 

5 The term ‘‘plug-in electric drive automobile’’ has the 

6 same meaning given the term ‘‘new qualified plug7 in electric drive motor vehicle’’ in section 30D(d)(1) 

8 through (4) of the Internal Revenue Code of 1986. 

9 (15) PROGRAM.—The term ‘‘Program’’ means 

10 the Consumer Assistance to Recycle and Save 

11 (CARS) Program established by section 3 of this 

12 Act. 

13 (16) REGISTERED WORK TRUCK.—The term 

14 ‘‘registered work truck’’ means a work truck that— 

15 (A) a dealer, at the time of acquisition by 

16 an ultimate purchaser of a work truck for 

17 which a voucher under section 3 of this Act is 

18 applied, registers such truck as a commercial 

19 vehicle under the applicable State law for such 

20 purchaser as the registered owner thereof; and 

21 (B) achieves the emission standard listed 

22 as tier 2, bin 5 in Table S04–1 under section 

23 86.1811–04 of title 40, Code of Federal Regu24 lations. 


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1 (17) REGISTERED OWNER.—The term ‘‘reg2 istered owner’’ means, with respect to an automobile 

3 or work truck, the person identified as the ultimate 

4 purchaser of such automobile or work truck on the 

5 title or other form or certificate of registration 

6 issued by a State. 

7 (18) SCRAP RECYCLER.—The term ‘‘scrap recy8 cler’’ means a person licensed or otherwise author9 ized by a State or local government to do business— 

10 (A) employing 3 or more individuals at a 

11 fixed location in a State, where machinery and 

12 equipment are utilized for processing and man13 ufacturing scrap metal into prepared grades; 

14 and 

15 (B) whose principal product is scrap iron, 

16 scrap steel, or nonferrous metallic scrap for sale 

17 for remelting purposes. 

18 (19) ADMINISTRATOR; SECRETARY.—The terms 

19 ‘‘Administrator’’ and ‘‘Secretary’’ mean the Admin20 istrator of the Environmental Protection Agency, 

21 and the Secretary of Transportation, respectively. 

22 (20) STATE.—The term ‘‘State’’ has the mean23 ing given such term in section 32101 of title 49, 

24 United States Code. 


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1 (21) ULTIMATE PURCHASER.—The term ‘‘ulti2 mate purchaser’’ means, with respect to any new 

3 automobile, the first person who in good faith pur4 chases such automobile for purposes other than re5 sale. 

6 (22) VOUCHER.—The term ‘‘voucher’’ means a 

7 voucher issued to the registered owner of an eligible 

8 high polluting automobile under section 3(a) of (g). 

9 SEC. 3. ACCELERATED RECYCLING OF INEFFICIENT VEHI10 CLES PROGRAM. 

11 (a) ESTABLISHMENT.—There is established in the 

12 Department of Transportation a program to be known as 

13 the ‘‘Consumer Assistance to Recycle and Save (CARS) 

14 Program’’, for fiscal years 2009 through 2011, through 

15 which the Secretary, in accordance with this Act and the 

16 regulations promulgated thereunder, shall— 

17 (1) encourage and allow any dealer, dismantler, 

18 and scrap recycler in any State to participate in the 

19 Program; 

20 (2) authorize the issuance by participating deal21 ers of a vouchers to any person who is a registered 

22 owner of a high polluting automobile, and who 

23 transfers such automobile, together with the applica24 ble certificate of title for the automobile, to a dealer, 


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1 or, in the case of subsection (g) of this section, to 

2 a dismantler or scrape recycler; 

3 (3) require that all dealers participating in the 

4 Program accept vouchers submitted to them as pro5 vided in this Act as partial payment for the pur6 chase of a new fuel efficient automobile; 

7 (4) require that each participating dealer agree 

8 to accept any high polluting automobile from a reg9 istered owner thereof and upon the transfer by such 

10 owner of a certificate of title to such automobile 

11 shall issue a voucher for such automobile to the 

12 owner, which may be immediately redeemed by such 

13 owner for the purchase of a new fuel efficient auto14 mobile that, using for comparison purposes only the 

15 average full economy standard applicable to the 

16 make and model of each such automobile (taking 

17 into consideration relevant factors established and 

18 published by the Secretary, in coordination with the 

19 Administration), is shown to be more fuel efficient 

20 than such high polluting vehicle; 

21 (5) require that participating dealers, disman22 tlers, and scrap recyclers agree to comply with the 

23 applicable provisions of subsection (e) of this section; 

24 and 


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1 (6) electronically transfer funds to a partici2 pating dealer within 10 days after receipt from such 

3 dealer of— 

4 (A) a voucher issued by the dealer and re5 deemed for the purchase of a new fuel efficient 

6 automobile; and 

7 (B) the applicable certifications required 

8 under this Act. 

9 (b) AMOUNT OF VOUCHER.— 

10 (1) VOUCHER REDEMPTION VALUE IF USED TO11 WARD PURCHASE OF NEW FUEL EFFICIENT AUTO12 MOBILE.—A voucher issued under the Program may 

13 be applied to offset a portion of the purchase price 

14 of one new fuel efficient automobile meeting the cri15 teria set forth in this paragraph, which portion shall 

16 be the amount of— 

17 (A) $4,000 for a— 

18 (i) passenger automobile assembled in 

19 the United States with a minimum high20 way label fuel economy value of 27 miles 

21 per gallon; 

22 (ii) passenger automobile assembled in 

23 North America with a minimum highway 

24 label fuel economy value of 30 miles per 

25 gallon; or 


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1 (iii) nonpassenger automobile assem2 bled in the United States with a minimum 

3 highway label fuel economy value of 24 

4 miles per gallon; 

5 (B) $5,000 for a— 

6 (i) passenger automobile assembled in 

7 the United States with a minimum high8 way label fuel economy value of 30 miles 

9 per gallon; or 

10 (ii) work truck assembled in the 

11 United States registered by the dealer as a 

12 registered work truck; or 

13 (C) $3,000 for a nonpassenger automobile 

14 assembled in North America with a minimum 

15 highway value of 24 miles per gallon. 

16 (2) NO COMBINATION OF VOUCHER REDEMP17 TION VALUES.—The voucher redemption values 

18 under subsections (b)(1)(A), (b)(1)(B), and 

19 (b)(1)(C) of this section shall not be combined. If a 

20 new fuel efficient automobile meets the criteria set 

21 forth in more than one such subsection, the pur22 chaser of the new fuel efficient automobile may des23 ignate which subsection applies for purposes of de24 termining the voucher redemption value. 


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1 (c) ADMINISTRATIVE PAYMENTS TO PARTICIPATING

2 DEALERS, DISMANTLERS, AND SCRAP RECYCLING FA3 CILITIES.—The Secretary shall provide for a payment of 

4 $50, or another greater amount determined reasonable by 

5 the Secretary, to participating dealers, dismantlers, and 

6 scrap recyclers for each voucher issued under the Program 

7 in consideration of their administrative and other similar 

8 costs related to such issuance and for the issuance of the 

9 certification required by subsection (e)(3) of this section. 

10 (d) LISTS OF ELIGIBLE AUTOMOBILES TO BE MAIN11 TAINED.—The Secretary shall prepare, maintain, pub12 licize, and make available through the Internet, lists of 

13 automobiles, classified by make and model, which are clas14 sified under this section as— 

15 (1) eligible high polluting automobiles; or 

16 (2) new fuel efficient automobiles. 

17 (e) PROGRAM SPECIFICATIONS.— 

18 (1) LIMITATIONS.— 

19 (A) NUMBER OF VOUCHERS PER PER20 SON.—A person may be issued not more than 

21 1 voucher and the person must demonstrate, in 

22 a manner prescribed by rule by the Secretary, 

23 that such person— 

24 (i) is the registered owner of an eligi25 ble high polluting automobile; and 


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1 (ii) attests that such high polluting 

2 automobile has not been imported into the 

3 United States during the previous 4-month 

4 period. 

5 (B) OFFSET.—A dealer— 

6 (i) shall credit the amount of the 

7 voucher being applied toward the purchase 

8 of a new fuel efficient automobile; and 

9 (ii) may not offset the amount of the 

10 voucher against any other rebate or dis11 count otherwise being offered by the dealer 

12 or manufacturer. 

13 (C) JOINT OWNERSHIP.—Not more than 1 

14 voucher may be issued to the joint registered 

15 owners of an eligible high polluting automobile. 

16 (D) NO COMBINATION OF VOUCHERS.—A 

17 person may only apply 1 voucher issued under 

18 the Program toward the purchase of a new fuel 

19 efficient automobile. 

20 (E) COMBINATION WITH OTHER INCEN21 TIVES PERMITTED.—Notwithstanding any other 

22 provision of law, the availability or use of a 

23 Federal or State tax incentive or a State-issued 

24 voucher for the purchase of a new fuel efficient 

25 automobile shall not limit the value or issuance 


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1 of a voucher under the Program to any person 

2 otherwise eligible to receive such a voucher. 

3 (F) DURATION.—Each voucher shall expire 

4 90 days after the date on which the voucher is 

5 issued and may not be renewed. 

6 (G) PROMPT FULFILLMENT OF REDEMP7 TION REQUESTS REQUIRED.—The Secretary 

8 shall provide for the payment of all vouchers 

9 submitted to the Secretary for redemption in 

10 accordance with this section. 

11 (H) NUMBER AND AMOUNT.—The total 

12 number and value of vouchers issued under the 

13 Program may not exceed the amounts appro14 priated for such purpose. 

15 (2) ADMINISTRATION OF PROGRAM.—The Sec16 retary shall establish by the date interim final regu17 lations are promulgated under subsection (f) of this 

18 section a web-based system for the administration 

19 and electronic transfer of vouchers and funds for the 

20 Program. The web-based system shall at a min21 imum— 

22 (A) provide information to the public re23 garding the purposes of the Program, and how 

24 to obtain and redeem vouchers; 


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1 (B) provide information to consumers re2 garding the availability of new fuel efficient 

3 automobiles for which vouchers may be used 

4 and transit passes or fare credit; 

5 (C) provide information to participating 

6 dealers, dismantlers, and scrap recyclers re7 garding how to verify that a registered owner 

8 requesting a voucher has an eligible high pol9 luting automobile; 

10 (D) provide for the electronic issuance of 

11 vouchers once eligibility has been verified; and 

12 (E) provide electronic fund transfer of 

13 funds to participating dealers, dismantlers, and 

14 scrap recyclers in accordance with section. In 

15 addition to the web-based system, the Secretary 

16 may use such other means as the Secretary 

17 deems necessary to educate consumers regard18 ing the voucher program and carry out other 

19 aspects of the program. 

20 (3) DISPOSITION OF ELIGIBLE HIGH POL21 LUTING AUTOMOBILES.— 

22 (A) IN GENERAL.—Any dealer who re23 ceives a certificate of title to any eligible high 

24 polluting automobile in exchange for a voucher 

25 under the Program shall certify to the SecVerDate Nov 24 2008 07:16 Mar 18, 2009 Jkt 079200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H1550.IH H1550

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1 retary, in such manner as the Secretary shall 

2 prescribe, by rule, that such title has been re3 tired or otherwise extinguished and not re4 issued and that the dealer has received from a 

5 dismantler or recycler a certification that such 

6 automobile, engine and drive train (within such 

7 period as the Secretary prescribes by rule)— 

8 (i) will be crushed or shredded within 

9 such period as the Secretary prescribes; 

10 (ii) will be processed prior to crushing 

11 or shredding to ensure the removal and ap12 propriate disposition of refrigerants, anti13 freeze, lead products, mercury switches, 

14 and such other toxic or hazardous vehicle 

15 components as the Secretary may specify 

16 by rule; and 

17 (iii) has not been, and will not be, reg18 istered, sold, leased, exchanged, distrib19 uted, or otherwise operated at any time as 

20 an automobile in the United States or in 

21 any foreign country. 

22 (B) SAVINGS PROVISION.—Nothing in sub23 paragraph (A) may be construed to preclude a 

24 dismantler or recycler from— 


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1 (i) removing any parts of such 

2 crushed or shredded high polluting auto3 mobile, other than the engine block and 

4 drive train, and selling them for use as re5 placement parts; or 

6 (ii) retaining the proceeds from such 

7 sale. 

8 (C) COORDINATION.—The Secretary shall 

9 coordinate with the Attorney General to ensure 

10 that the National Motor Vehicle Title Informa11 tion System is appropriately updated to reflect 

12 the crushing or shredding of high polluting 

13 automobiles under this section. 

14 (f) RULEMAKING.—Not later than 60 days after the 

15 date of the enactment of this Act, the Secretary shall pro16 mulgate interim final regulations to implement the Pro17 gram, including— 

18 (1) the removal and disposition of toxic or haz19 ardous materials from eligible high polluting vehicles 

20 presented for participation in the program; and 

21 (2) the enforcement of the penalties described 

22 in section 4 of this Act. 

23 (g) TRANSIT FARE CREDITS.—The Secretary shall 

24 promulgate regulations establishing criteria that allow op25 erators of bus and rail public transit systems participating 


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1 in the program to redeem from the Secretary the allowable 

2 value of transit fare vouchers properly issued by such op3 erators to any person who is a registered owner of a high 

4 polluting automobile under this Act to offset the purchase 

5 price of annual or monthly transit passes or any other 

6 form of individual transit fare credit designated by the 

7 transit system operator. Participating transit system oper8 ators shall establish the terms and conditions for the own9 ership, use, and expiration of any transit fare credits ac10 quired through the use of a transit fare voucher issued 

11 under this subsection. Such transit vouchers may only be 

12 issued by a person who is a dismantler or scrap recycler 

13 in lieu of vouchers issued under subsection (a) if a high 

14 polluting automobile of a registered owner is accepted by 

15 any such dismantler or scrap recycler, such owner trans16 fers the certificate of title for such automobile to either 

17 such person, and such voucher includes the certification 

18 by such dismantler or recycler required by subsection 

19 (e)(3) of this section. The amount of any such voucher 

20 shall be $3,000. The Secretary shall electronically transfer 

21 funds to cover such vouchers to such operators. 

22 (h) DISCLAIMER.—Nothing in this Act or any other 

23 provision of law limits the authority of Congress or the 

24 Secretary to terminate or limit the Program or the 


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1 issuance of vouchers under this Act or the issuance of 

2 transit fare vouchers. 

3 SEC. 4. PENALTIES. 

4 (a) VIOLATION.—It shall be unlawful for any person 

5 to violate any provision under this Act or any regulations 

6 issued pursuant to section 3(f) of this Act. 

7 (b) PENALTIES.—Any person who commits a viola8 tion described in subsection (a) shall be liable to the 

9 United States Government for a civil penalty of not more 

10 than $5,000 for each violation. A separate violation shall 

11 be deemed to have occurred for each day the person con12 tinues to be in violation of any provision under this Act. 

13 SEC. 5. REPORT. 

14 The Secretary shall submit a semi-annual report to 

15 the Committee on Commerce, Science, and Transportation 

16 of the Senate and the Committee on Energy and Com17 merce of the House of Representatives that specifies, for 

18 the most recent 6-month period— 

19 (1) the number of vouchers which have been 

20 used under the Program; and 

21 (2) the make, model, model year, location of 

22 sale, and manufacturing location of each vehicle 

23 traded in or purchased under the Program. 


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1 SEC. 6. POST-2010 VOUCHERS TO RECYCLE INEFFICIENT 

2 VEHICLES AND ENCOURAGE PURCHASE OF 

3 NEW BATTERY ELECTRIC AUTOMOBILES AND 

4 PLUG-IN ELECTRIC DRIVE AUTOMOBILES. 

5 Effective for model year 2011, the Secretary shall, 

6 by rule, revise the Program established under section 3 

7 of this Act to provide for the issuance by dealers of vouch8 ers to registered owners of a high polluting automobile, 

9 who transfer a certificate of title to such automobile to 

10 the dealer to be redeemed in such model year and for two 

11 subsequent model years to offset the purchase price of a 

12 new battery electric automobile or a new plug-in electric 

13 drive automobile, in accordance with the applicable provi14 sions of this Act and related regulations, as so revised or 

15 modified by the Secretary consistent with this section. For 

16 purposes of determining the amount of a voucher issued 

17 under this section for purposes of such redemption, the 

18 voucher amount shall be $7,500 for either a passenger or 

19 nonpassenger automobile assembled in the United States 

20 and each such automobile shall have a minimum city label 

21 fuel economy value of 100 miles per gallon. 

22 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

23 There are authorized to be appropriated such sums 

24 as may be necessary to the Secretary of Transportation 

25 to enable the Secretary to carry out the Program author26 ized under section 3 of this Act beginning in calendar year 


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1 2009, under section 6 beginning in calendar year 2010, 

2 and such sums shall remain available until expended. 

Æ 


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