II 

111TH CONGRESS 

1ST SESSION S. 1200 

To establish a temporary vehicle trade-in program through which the Secretary of Transportation shall provide financial incentives for consumers 

to replace fuel inefficient vehicles with vehicles that have above average 

fuel efficiency. 

IN THE SENATE OF THE UNITED STATES 

JUNE 8, 2009 

Mrs. FEINSTEIN (for herself, Ms. COLLINS, Mr. SCHUMER, and Mr. CARPER) 

introduced the following bill; which was read twice and referred to the 

Committee on the Budget 

A BILL 

To establish a temporary vehicle trade-in program through 

which the Secretary of Transportation shall provide financial incentives for consumers to replace fuel inefficient vehicles with vehicles that have above average fuel 

efficiency. 

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 ‘‘Short Term Acceler5 ated Retirement of Inefficient Vehicles Act of 2009’’. 


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1 SEC. 2. TEMPORARY VEHICLE TRADE-IN PROGRAM. 

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

3 National Highway Traffic Safety Administration a pro4 gram, to be known as the ‘‘Cash for Clunkers Temporary 

5 Vehicle Trade-In Program’’, through which the Secretary, 

6 in accordance with this section and the regulations pro7 mulgated under subsection (d), shall— 

8 (1) authorize the issuance of a voucher, subject 

9 to the specifications set forth in subsection (c), to 

10 offset the purchase price or lease price of a fuel effi11 cient automobile upon the transfer of the certificate 

12 of title of an eligible trade-in vehicle to a dealer par13 ticipating in the Program; 

14 (2) register dealers for participation in the Pro15 gram and require each registered dealer to— 

16 (A) accept vouchers provided under this 

17 section as partial payment or down payment for 

18 the purchase or lease of any fuel efficient auto19 mobile offered for sale or lease by such dealer; 

20 and 

21 (B) dispose of each eligible trade-in vehicle 

22 in accordance with subsection (c)(2) after the 

23 title of such vehicle is transferred to the dealer 

24 under the Program; 

25 (3) in consultation with the Secretary of the 

26 Treasury, make payments to dealers for eligible 


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1 transactions by such dealers before the date that is 

2 1 year after regulations are promulgated under sub3 section (d), in accordance with such regulations; and 

4 (4) in consultation with the Secretary of the 

5 Treasury and the Inspector General of the Depart6 ment of Transportation, establish and provide for 

7 the enforcement of measures to prevent and penalize 

8 fraud under the Program. 

9 (b) QUALIFICATIONS FOR AND VALUE OF VOUCH10 ERS.—A voucher issued under the Program shall have a 

11 value that may be applied to offset the purchase price or 

12 lease price of a fuel efficient automobile as follows: 

13 (1) $1,000 VALUE.—The voucher may be used 

14 to offset the purchase price of a previously owned 

15 fuel efficient automobile manufactured for model 

16 year 2004 or later, by $1,000 if— 

17 (A) the newly purchased fuel efficient 

18 automobile is a passenger automobile and the 

19 combined fuel economy value of such auto20 mobile is at least 7 miles per gallon higher than 

21 the combined fuel economy value of the eligible 

22 trade-in vehicle; 

23 (B) the newly purchased fuel efficient 

24 automobile is a category 1 truck and the com25 bined fuel economy value of such truck is at 


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1 least 3 miles per gallon higher than the com2 bined fuel economy value of the eligible trade3 in vehicle; or 

4 (C) the newly purchased fuel efficient auto5 mobile is a category 2 truck that has a com6 bined fuel economy value of at least 17 miles 

7 per gallon and the combined fuel economy value 

8 of such truck is at least 3 miles per gallon high9 er than the combined fuel economy value of the 

10 eligible trade-in vehicle, which is also a category 

11 2 truck. 

12 (2) $2,500 VALUE.—The voucher may be used 

13 to offset the purchase price or lease price of the new 

14 fuel efficient automobile by $2,500 if— 

15 (A) the new fuel efficient automobile is a 

16 passenger automobile and the combined fuel 

17 economy value of such automobile is at least 7 

18 miles per gallon higher than the combined fuel 

19 economy value of the eligible trade-in vehicle; 

20 (B) the new fuel efficient automobile is a 

21 category 1 truck and the combined fuel econ22 omy value of such truck is at least 3 miles per 

23 gallon higher than the combined fuel economy 

24 value of the eligible trade-in vehicle; 


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1 (C) the new fuel efficient automobile is a 

2 category 2 truck that has a combined fuel econ3 omy value of at least 17 miles per gallon and— 

4 (i) the eligible trade-in vehicle is a 

5 category 2 truck and the combined fuel 

6 economy value of the new fuel efficient 

7 automobile is at least 3 miles per gallon 

8 higher than the combined fuel economy 

9 value of the eligible trade-in vehicle; or 

10 (ii) the eligible trade-in vehicle is a 

11 category 3 truck manufactured for model 

12 year 2001 or earlier; or 

13 (D) the new fuel efficient automobile is a 

14 category 3 truck and the eligible trade-in vehi15 cle is a category 3 truck manufactured for 

16 model year 1999 or earlier and is of similar size 

17 or larger than the new fuel efficient automobile, 

18 as determined in a manner prescribed by the 

19 Secretary. 

20 (3) $3,500 VALUE.—The voucher may be used 

21 to offset the purchase price or lease price of the new 

22 fuel efficient automobile by $3,500 if— 

23 (A) the new fuel efficient automobile is a 

24 passenger automobile and the combined fuel 

25 economy value of such automobile is at least 10 


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1 miles per gallon higher than the combined fuel 

2 economy value of the eligible trade-in vehicle; 

3 (B) the new fuel efficient automobile is a 

4 category 1 truck and the combined fuel econ5 omy value of such truck is at least 6 miles per 

6 gallon higher than the combined fuel economy 

7 value of the eligible trade-in vehicle; or 

8 (C) the new fuel efficient automobile is a 

9 category 2 truck that has a combined fuel econ10 omy value of at least 17 miles per gallon and 

11 the combined fuel economy value of such truck 

12 is at least 5 miles per gallon higher than the 

13 combined fuel economy value of the eligible 

14 trade-in vehicle, which is also a category 2 

15 truck. 

16 (4) $4,500 VALUE.—The voucher may be used 

17 to offset the purchase price or lease price of the new 

18 fuel efficient automobile by $4,500 if— 

19 (A) the new fuel efficient automobile is a 

20 passenger automobile and the combined fuel 

21 economy value of such automobile is at least 13 

22 miles per gallon higher than the combined fuel 

23 economy value of the eligible trade-in vehicle; 

24 (B) the new fuel efficient automobile is a 

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1 omy value of such truck is at least 9 miles per 

2 gallon higher than the combined fuel economy 

3 value of the eligible trade-in vehicle; or 

4 (C) the new fuel efficient automobile is a 

5 category 2 truck that has a combined fuel econ6 omy value of at least 17 miles per gallon and 

7 the combined fuel economy value of such truck 

8 is 7 miles per gallon higher than the combined 

9 fuel economy value of the eligible trade-in vehi10 cle, which is also a category 2 truck. 

11 (c) PROGRAM SPECIFICATIONS.— 

12 (1) LIMITATIONS.— 

13 (A) GENERAL PERIOD OF ELIGIBILITY.—A 

14 voucher issued under the Program may only be 

15 used for the purchase or lease of a fuel efficient 

16 automobile that occurs between the date on 

17 which the regulations promulgated under sub18 section (d) are implemented and the date that 

19 is 1 year after such date. 

20 (B) NUMBER OF VOUCHERS PER PERSON

21 AND PER TRADE-IN VEHICLE.—Not more than 

22 1 voucher may be issued for a single person and 

23 not more than 1 voucher may be issued for the 

24 joint registered owners of a single eligible trade25 in vehicle. 


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1 (C) NO COMBINATION OF VOUCHERS.— 

2 Only 1 voucher issued under the Program may 

3 be applied toward the purchase or lease of a 

4 single new fuel efficient automobile. 

5 (D) CAP ON VOUCHERS FOR CATEGORY 3

6 TRUCKS.—Not more than 7.5 percent of the 

7 amounts made available for the Program may 

8 be used for vouchers for the purchase or quali9 fying lease of category 3 trucks. 

10 (E) COMBINATION WITH OTHER INCEN11 TIVES PERMITTED.—The availability or use of a 

12 Federal or State tax incentive or a State-issued 

13 voucher for the purchase or lease of a new fuel 

14 efficient automobile shall not limit the value or 

15 issuance of a voucher under the Program. 

16 (F) NO ADDITIONAL FEES.—A dealer par17 ticipating in the program may not charge a per18 son purchasing or leasing a new fuel efficient 

19 automobile any additional fees associated with 

20 the use of a voucher under the Program. 

21 (G) NUMBER AND AMOUNT.—The total 

22 number and value of vouchers issued under the 

23 Program may not exceed the amounts appro24 priated for such purpose. 


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1 (H) VALUES FOR QUALIFYING SHORTER

2 TERM LEASES.—If a fuel efficient vehicle is 

3 leased under a qualifying shorter term lease, 

4 the value of the voucher issued under the Pro5 gram shall be 50 percent of the value otherwise 

6 applicable under subsection (b). 

7 (2) DISPOSITION OF ELIGIBLE TRADE-IN VEHI8 CLES.— 

9 (A) IN GENERAL.—If the title of an eligi10 ble trade-in vehicle is transferred to a dealer 

11 under the Program, the dealer shall certify to 

12 the Secretary, in such manner as the Secretary 

13 shall prescribe by rule, that such vehicle, includ14 ing the engine and drive train— 

15 (i) has been or will be crushed or 

16 shredded within such period and in such 

17 manner as the Secretary prescribes, or will 

18 be transferred to an entity that will ensure 

19 that the vehicle will be crushed or shredded 

20 within such period and in such manner as 

21 the Secretary prescribes; and 

22 (ii) has not been, and will not be, sold, 

23 leased, exchanged, or otherwise disposed of 

24 for use as an automobile in the United 

25 States or in any other country, or has been 


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1 or will be transferred, in such manner as 

2 the Secretary prescribes, to an entity that 

3 will ensure that the vehicle has not been, 

4 and will not be, sold, leased, exchanged, or 

5 otherwise disposed of for use as an auto6 mobile in the United States or in any other 

7 country. 

8 (B) SAVINGS PROVISION.—Nothing in sub9 paragraph (A) may be construed to preclude a 

10 person who dismantles or disposes of the vehicle 

11 from— 

12 (i) purchasing the disposed vehicle 

13 from a dealer for the purpose of selling 

14 parts other than the engine block and drive 

15 train; 

16 (ii) selling any parts of the disposed 

17 vehicle other than the engine block and 

18 drive train, unless the engine or drive train 

19 has been crushed or shredded; or 

20 (iii) retaining the proceeds from such 

21 sale. 

22 (C) COORDINATION.—The Secretary shall 

23 coordinate with the Attorney General to ensure 

24 that the National Motor Vehicle Title Informa25 tion System and other publicly accessible and 


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1 commercially available systems are appro2 priately updated to reflect the crushing or 

3 shredding of vehicles under this section and ap4 propriate reclassification of the vehicles’ titles. 

5 (d) RULEMAKING.—Notwithstanding the require6 ments of section 553 of title 5, United States Code, the 

7 Secretary shall promulgate final regulations to implement 

8 the Program not later than 30 days after the date of the 

9 enactment of this Act. Such regulations shall— 

10 (1) provide for a means of registering dealers 

11 for participation in the Program; 

12 (2) establish procedures for the electronic reim13 bursement of dealers participating in the Program, 

14 within 10 days after the submission to the Secretary 

15 of information supporting the eligible transaction, as 

16 determined appropriate by the Secretary, for the ap17 propriate amount under subsection (c) and any rea18 sonable administrative costs incurred by the dealer; 

19 (3) prohibit any dealer from using vouchers to 

20 offset any other rebate or discount offered by that 

21 dealer or by the manufacturer of the new fuel effi22 cient automobile; 

23 (4) require dealers to disclose to the person 

24 trading in an eligible trade-in vehicle the best esti25 mate of the scrappage value of such vehicle and to 


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1 permit the dealer to retain $50 of any amounts paid 

2 to the dealer for scrappage of the automobile as pay3 ment for any administrative costs to the dealer asso4 ciated with participation in the Program; 

5 (5) consistent with subsection (c)(2), establish 

6 requirements and procedures for the disposal of eli7 gible trade-in vehicles and provide such information 

8 as may be necessary to entities engaged in such dis9 posal to ensure that such vehicles are disposed of in 

10 accordance with such requirements and procedures, 

11 including— 

12 (A) requirements for the removal and ap13 propriate disposition of refrigerants, antifreeze, 

14 lead products, mercury switches, and such other 

15 toxic or hazardous vehicle components prior to 

16 the crushing or shredding of an eligible trade17 in vehicle, in accordance with rules established 

18 by the Secretary, in consultation with the Ad19 ministrator of the Environmental Protection 

20 Agency, and in accordance with other applicable 

21 Federal and State requirements; 

22 (B) a mechanism for dealers to certify to 

23 the Secretary that eligible trade-in vehicles are 

24 disposed of, or transferred to an entity that will 

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1 ance with such requirements and procedures 

2 and to submit the vehicle identification num3 bers, mileage, condition, and other appropriate 

4 information, as determined by the Secretary, of 

5 the vehicles disposed of and the new fuel effi6 cient automobile purchased with each voucher; 

7 and 

8 (C) a mechanism for obtaining such other 

9 certifications as deemed necessary by the Sec10 retary from entities engaged in vehicle disposal; 

11 (6) establish a mechanism for dealers to deter12 mine the scrappage value of the trade-in vehicle; and 

13 (7) provide for the enforcement of the penalties 

14 described in subsection (e)(2). 

15 (e) ANTI-FRAUD PROVISIONS.— 

16 (1) VIOLATION.—It shall be unlawful for any 

17 person to violate any provision under this section or 

18 any regulations issued pursuant to subsection (d). 

19 (2) PENALTIES.—Any person who commits a 

20 violation described in paragraph (1) shall be liable to 

21 the United States Government for a civil penalty in 

22 an amount equal to not more than $25,000 for each 

23 such violation. 

24 (f) INFORMATION TO CONSUMERS AND DEALERS.— 


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1 (1) IN GENERAL.—Not later than 30 days after 

2 the date of the enactment of this Act, and promptly 

3 upon the update of any relevant information, the 

4 Secretary shall make information about the Program 

5 available through an Internet Web site and through 

6 other means determined by the Secretary. Such in7 formation shall include— 

8 (A) how to determine if a vehicle is an eli9 gible trade-in vehicle; 

10 (B) how to determine the scrappage value 

11 of an eligible trade-in vehicle; 

12 (C) how to participate in the Program, in13 cluding how to determine participating dealers; 

14 and 

15 (D) a comprehensive list, by make and 

16 model, of fuel efficient automobiles meeting the 

17 requirements of the Program. 

18 (2) PUBLIC AWARENESS CAMPAIGN.—Upon 

19 completing the requirements under paragraph (1), 

20 the Secretary shall conduct a public awareness cam21 paign to inform consumers about the Program and 

22 the sources for additional information. 

23 (g) RECORDKEEPING AND REPORT.— 

24 (1) DATABASE.—The Secretary shall maintain 

25 a database that includes— 


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1 (A) the vehicle identification numbers of 

2 all fuel efficient vehicles purchased or leased 

3 under the Program; and 

4 (B) the vehicle identification numbers, 

5 mileage, condition, scrappage value, and other 

6 appropriate information, as determined by the 

7 Secretary, of all the eligible trade-in vehicles 

8 which have been disposed of under the Pro9 gram. 

10 (2) REPORT.—Not later than June 30, 2010, 

11 the Secretary shall submit a report to the Com12 mittee on Commerce, Science, and Transportation of 

13 the Senate and the Committee on Energy and Com14 merce of the House of Representatives that describes 

15 the efficacy of the Program and includes— 

16 (A) a description of the results of the Pro17 gram, including— 

18 (i) the total number and amount of 

19 vouchers issued for purchase or lease of 

20 new fuel efficient automobiles by manufac21 turer (including aggregate information 

22 concerning the make, model, model year) 

23 and category of automobile; 

24 (ii) aggregate information regarding 

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1 dition, and manufacturing location of vehi2 cles traded in under the Program; and 

3 (iii) the location of sale or lease; 

4 (B) an estimate of the overall increase in 

5 fuel efficiency in terms of miles per gallon, total 

6 annual oil savings, and total annual greenhouse 

7 gas reductions, as a result of the Program; and 

8 (C) an estimate of the overall economic 

9 and employment effects of the Program. 

10 (h) RULE OF CONSTRUCTION.—For purposes of de11 termining Federal or State income tax liability or eligi12 bility for any Federal or State program that bases eligi13 bility, in whole or in part, on income, the value of any 

14 voucher issued under the Program to offset the purchase 

15 price or lease price of a new fuel efficient automobile shall 

16 not be considered income of the person purchasing such 

17 automobile. 

18 (i) DEFINITIONS.—In this section: 

19 (1) CATEGORY 1 TRUCK.—The term ‘‘category 

20 1 truck’’ means a nonpassenger automobile (as de21 fined in section 32901(a)(17) of title 49, United 

22 States Code) that— 

23 (A) has a combined fuel economy value of 

24 at least 20 miles per gallon; and 

25 (B) is not a category 2 truck. 


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1 (2) CATEGORY 2 TRUCK.—The term ‘‘category 

2 2 truck’’ means a large van or a large pickup, as 

3 categorized by the Secretary using the method used 

4 by the Environmental Protection Agency and de5 scribed in the report entitled ‘‘Light-Duty Auto6 motive Technology and Fuel Economy Trends: 1975 

7 through 2008’’. 

8 (3) CATEGORY 3 TRUCK.—The term ‘‘category 

9 3 truck’’ has the meaning given the term ‘‘work 

10 truck’’ in section 32901(a)(19) of title 49, United 

11 States Code. 

12 (4) COMBINED FUEL ECONOMY VALUE.—The 

13 term ‘‘combined fuel economy value’’ means— 

14 (A) with respect to a new fuel efficient 

15 automobile, the number, expressed in miles per 

16 gallon, centered below the words ‘‘Combined 

17 Fuel Economy’’ on the label required to be af18 fixed or caused to be affixed on a new auto19 mobile pursuant to subpart D of part 600 of 

20 title 40 Code of Federal Regulations; 

21 (B) with respect to an eligible trade-in ve22 hicle manufactured after model year 1984, the 

23 equivalent number determined on the 

24 fueleconomy.gov Web site of the Environmental 


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1 Protection Agency for the make, model, and 

2 year of such vehicle; and 

3 (C) with respect to an eligible trade-in ve4 hicle manufactured between model years 1978 

5 through 1984, the equivalent number deter6 mined by the Secretary and posted on the 

7 website of the National Highway Traffic Safety 

8 Administration, using data maintained by the 

9 Environmental Protection Agency for the make, 

10 model, and year of such vehicle. 

11 (5) DEALER.—The term ‘‘dealer’’ means a per12 son that is licensed by a State and engages in the 

13 sale of automobiles to ultimate purchasers. 

14 (6) ELIGIBLE TRADE-IN VEHICLE.—The term 

15 ‘‘eligible trade-in vehicle’’ means an automobile or a 

16 work truck (as such terms are defined in section 

17 32901(a) of title 49, United States Code) that, at 

18 the time it is presented for trade-in under this sec19 tion— 

20 (A) is in drivable condition; 

21 (B) has been continuously insured, con22 sistent with State law, and registered to the 

23 same owner for a period of not less than 1 year 

24 immediately prior to such trade-in; and 


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1 (C) has a combined fuel economy value of 

2 17 miles per gallon or less. 

3 (7) FUEL EFFICIENT AUTOMOBILE.—The term 

4 ‘‘fuel efficient automobile’’ means a vehicle described 

5 in paragraph (1), (2), (3), or (9), that was manufac6 tured for any model year after 2003, and, at the 

7 time of the original sale to a consumer— 

8 (A) carries a manufacturer’s suggested re9 tail price of $45,000 or less; 

10 (B) complies with the applicable air emis11 sion and related requirements under the Na12 tional Emission Standards Act (42 U.S.C. 7521 

13 et seq.); 

14 (C) qualifies for listing in emission bin 1, 

15 2, 3, 4, or 5 (as defined in section 86.1803–01 

16 of title 40, Code of Federal Regulations), or for 

17 work trucks the applicable vehicle and engine 

18 standards found under section 86.005–10 and 

19 86.007–11 of title 40, Code of Federal Regula20 tions; and 

21 (D) has a combined fuel economy value 

22 of— 

23 (i) 24 miles per gallon, if the vehicle 

24 is a passenger automobile; 


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1 (ii) 20 miles per gallon, if the vehicle 

2 is a category 1 truck; or 

3 (iii) 17 miles per gallon, if the vehicle 

4 is a category 2 truck. 

5 (8) NEW FUEL EFFICIENT AUTOMOBILE.—The 

6 term ‘‘new fuel efficient automobile’’ means a fuel 

7 efficient automobile, the equitable or legal title of 

8 which has not been transferred to any person other 

9 than the ultimate purchaser. 

10 (9) PASSENGER AUTOMOBILE.—The term ‘‘pas11 senger automobile’’ means a passenger automobile 

12 (as defined in section 32901(a)(18) of title 49, 

13 United States Code) that has a combined fuel econ14 omy value of at least 24 miles per gallon. 

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

16 the Cash for Clunkers Temporary Vehicle Trade-In 

17 Program established under this section. 

18 (11) QUALIFYING LEASE.—The term ‘‘quali19 fying lease’’ means a lease of an automobile for a 

20 period of not less than 5 years. 

21 (12) QUALIFYING SHORTER TERM LEASE.—The 

22 term ‘‘qualifying shorter term lease’’ means a lease 

23 of an automobile for a period of not less than 3 

24 years and not more than 5 years. 


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1 (13) SCRAPPAGE VALUE.—The term 

2 ‘‘scrappage value’’ means the amount received by the 

3 dealer for an eligible trade-in vehicle upon transfer4 ring title of such vehicle to the person responsible 

5 for ensuring the dismantling and destruction of the 

6 vehicle. 

7 (14) SECRETARY.—The term ‘‘Secretary’’ 

8 means the Secretary of Transportation, acting 

9 through the National Highway Traffic Safety Ad10 ministration. 

11 (15) ULTIMATE PURCHASER.—The term ‘‘ulti12 mate purchaser’’ means, with respect to any new 

13 automobile, the first person who in good faith pur14 chases such automobile for purposes other than re15 sale. 

16 (16) VEHICLE IDENTIFICATION NUMBER.—The 

17 term ‘‘vehicle identification number’’ means the 17- 

18 character number used by the automobile industry 

19 to identify individual automobiles. 

20 SEC. 3. EXPEDITED CONSIDERATION OF AMERICAN RECOV21 ERY AND REINVESTMENT ACT RESCISSIONS. 

22 (a) PROPOSED RESCISSION OF DISCRETIONARY

23 BUDGET AUTHORITY.—The President may propose, at 

24 the time and in the manner provided in subsection (b), 

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1 vided under the American Recovery and Reinvestment Act 

2 (Public Law 111–5). 

3 (b) TRANSMITTAL OF SPECIAL MESSAGE.—(1) Not 

4 later than 15 days after the date of the enactment of this 

5 Act, the President may— 

6 (A) transmit to Congress a special message pro7 posing to rescind amounts of discretionary budget 

8 authority provided in the American Recovery and 

9 Reinvestment Act; and 

10 (B) include with the special message described 

11 in subparagraph (A) a draft bill or joint resolution 

12 that, if enacted, would only rescind that discre13 tionary budget authority. 

14 (2) If an Act includes accounts within the jurisdiction 

15 of more than 1 subcommittee of the Committee on Appro16 priations, the President, in proposing to rescind discre17 tionary budget authority under this section, shall send a 

18 separate special message and accompanying draft bill or 

19 joint resolution for accounts within the jurisdiction of each 

20 such subcommittee. 

21 (3) Each special message transmitted to Congress 

22 under this subsection shall specify, with respect to the dis23 cretionary budget authority proposed to be rescinded— 

24 (A) the amount of budget authority proposed to 

25 be rescinded or which is to be so reserved; 


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1 (B) any account, department, or establishment 

2 of the Government to which such budget authority 

3 is available for obligation, and the specific project or 

4 governmental functions involved; 

5 (C) the reasons why the budget authority 

6 should be rescinded or is to be so reserved; 

7 (D) to the maximum extent practicable, the es8 timated fiscal, economic, and budgetary effect of the 

9 proposed rescission or of the reservation; and 

10 (E) all facts, circumstances, and considerations 

11 relating to or bearing upon the proposed rescission 

12 or the reservation and the decision to effect the pro13 posed rescission or the reservation, and to the max14 imum extent practicable, the estimated effect of the 

15 proposed rescission or the reservation upon the ob16 jects, purposes, and programs for which the budget 

17 authority is provided. 

18 (c) LIMITATION ON AMOUNTS SUBJECT TO RESCIS19 SION.—The amount of discretionary budget authority the 

20 President may propose to rescind in a special message 

21 under this section for a particular program, project, or 

22 activity may not exceed $4,000,000,000. 

23 (d) PROCEDURES FOR EXPEDITED CONSIDER24 ATION.—(1)(A) Before the close of the second day of con25 tinuous session of the applicable House of Congress after 


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1 the date of receipt of a special message transmitted to 

2 Congress under subsection (b), the majority leader or mi3 nority leader of the House of Congress in which the Act 

4 involved originated shall introduce (by request) the draft 

5 bill or joint resolution accompanying that special message. 

6 If the bill or joint resolution is not introduced by the third 

7 day of continuous session of that House after the date 

8 of receipt of that special message, any Member of that 

9 House may introduce the bill or joint resolution. 

10 (B) A bill or joint resolution introduced pursuant to 

11 subparagraph (A) shall be referred to the Committee on 

12 Appropriations of the House in which it is introduced. The 

13 bill or joint resolution shall be voted on not later than the 

14 seventh day of continuous session of that House after the 

15 date of receipt of that special message. If the Committee 

16 on Appropriations fails to vote on the bill or joint resolu17 tion within that period, that committee shall be automati18 cally discharged from consideration of the bill or joint res19 olution, and the bill or joint resolution shall be placed on 

20 the appropriate calendar. 

21 (C) A vote on final passage of a bill or joint resolution 

22 introduced pursuant to subparagraph (A) shall be taken 

23 in that House on or before the close of the 10th calendar 

24 day of continuous session of that House after the date 

25 of the introduction of the bill or joint resolution in that 


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1 House, except in cases in which the Committee on Appro2 priations has considered and voted against discharging the 

3 bill or joint resolution for further consideration. If the bill 

4 or joint resolution is agreed to, the Clerk of the House 

5 of Representatives (in the case of a bill or joint resolution 

6 agreed to in the House of Representatives) or the Sec7 retary of the Senate (in the case of a bill or joint resolu8 tion agreed to in the Senate) shall cause the bill or joint 

9 resolution to be engrossed, certified, and transmitted to 

10 the other House of Congress on the same calendar day 

11 on which the bill or joint resolution is agreed to. 

12 (2)(A) A bill or joint resolution transmitted to the 

13 Senate or the House of Representatives pursuant to para14 graph (1)(C) shall be referred to the Committee on Appro15 priations of that House. The bill or joint resolution shall 

16 be voted on not later than the seventh day of continuous 

17 session of that House after it receives the bill or joint reso18 lution. A committee failing to vote on the bill or joint reso19 lution within such period shall be automatically discharged 

20 from consideration of the bill or joint resolution, and the 

21 bill or joint resolution shall be placed upon the appropriate 

22 calendar. 

23 (B) A vote on final passage of a bill or joint resolu24 tion transmitted to that House shall be taken on or before 

25 the close of the 10th calendar day of continuous session 


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1 of that House after the date on which the bill or joint 

2 resolution is transmitted, except in cases in which the 

3 Committee on Appropriations has considered and voted 

4 against discharging the bill or joint resolution for further 

5 consideration. If the bill or joint resolution is agreed to 

6 in that House, the Clerk of the House of Representatives 

7 (in the case of a bill or joint resolution agreed to in the 

8 House of Representatives) or the Secretary of the Senate 

9 (in the case of a bill or joint resolution agreed to in the 

10 Senate) shall cause the engrossed bill or joint resolution 

11 to be returned to the House in which the bill or joint reso12 lution originated. 

13 (3)(A) A motion in the House of Representatives to 

14 proceed to the consideration of a bill or joint resolution 

15 under this section shall be highly privileged and not debat16 able. An amendment to the motion and a motion to recon17 sider the vote by which the motion is agreed to or dis18 agreed to shall not be in order. 

19 (B) Debate in the House of Representatives on a bill 

20 or joint resolution under this section shall not exceed 4 

21 hours, which shall be divided equally between those favor22 ing and those opposing the bill or joint resolution. A mo23 tion further to limit debate shall not be debatable. It shall 

24 not be in order to move to recommit a bill or joint resolu25 tion under this section or to move to reconsider the vote 


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1 by which the bill or joint resolution is agreed to or dis2 agreed to. 

3 (C) Appeals from decisions of the Chair relating to 

4 the application of the Rules of the House of Representa5 tives to the procedure relating to a bill or joint resolution 

6 under this section shall be decided without debate. 

7 (D) Except to the extent specifically provided in the 

8 preceding provisions of this subsection, consideration of a 

9 bill or joint resolution under this section shall be governed 

10 by the Rules of the House of Representatives. 

11 (4)(A) A motion in the Senate to proceed to the con12 sideration of a bill or joint resolution under this section 

13 shall be privileged and not debatable. An amendment to 

14 the motion and a motion to reconsider the vote by which 

15 the motion is agreed to or disagreed to shall not be in 

16 order. 

17 (B) Debate in the Senate on a bill or joint resolution 

18 under this section, and all debatable motions and appeals 

19 in connection to such bill or joint resolution, shall not ex20 ceed 10 hours. The time shall be equally divided between, 

21 and controlled by, the majority leader and the minority 

22 leader or their designees. 

23 (C) Debate in the Senate on any debatable motion 

24 or appeal in connection with a bill or joint resolution under 

25 this section shall be limited to not more than 1 hour, to 


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1 be equally divided between, and controlled by, the mover 

2 and the manager of the bill or joint resolution, except that 

3 in the event the manager of the bill or joint resolution 

4 is in favor of any such motion or appeal, the time in oppo5 sition to such motion or appeal shall be controlled by the 

6 minority leader or his designee. Either such leader may, 

7 from time under their control on the passage of a bill or 

8 joint resolution, allot additional time to any Senator dur9 ing the consideration of any debatable motion or appeal. 

10 (D) A motion in the Senate to further limit debate 

11 on a bill or joint resolution under this section is not debat12 able. A motion to recommit a bill or joint resolution under 

13 this section is not in order. 

14 (e) AMENDMENTS PROHIBITED.—No amendment to 

15 a bill or joint resolution considered under this section shall 

16 be in order in the Senate or the House of Representatives. 

17 No motion to suspend the application of this subsection 

18 shall be in order in either House, nor shall it be in order 

19 in either House to suspend the application of this sub20 section by unanimous consent. 

21 (f) REQUIREMENT TO MAKE AVAILABLE FOR OBLI22 GATION.—Any amount of discretionary budget authority 

23 proposed to be rescinded in a special message transmitted 

24 to Congress under subsection (b) shall be made available 

25 for obligation on the day after the date on which either 


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1 House defeats the bill or joint resolution transmitted with 

2 that special message. 

3 (g) DEFINITIONS.—For purposes of this section— 

4 (1) continuity of a session of either House of 

5 Congress shall be considered as broken only by an 

6 adjournment of that House sine die, and the days on 

7 which that House is not in session because of an ad8 journment of more than 3 days to a date certain 

9 shall be excluded in the computation of any period; 

10 and 

11 (2) the term ‘‘discretionary budget authority’’ 

12 means the dollar amount of discretionary budget au13 thority and obligation limitations— 

14 (A) specified in the American Recovery 

15 and Reinvestment Act (Public Law 111–5), or 

16 the dollar amount of budget authority required 

17 to be allocated by a specific proviso in an ap18 propriation law for which a specific dollar figure 

19 was not included; 

20 (B) represented separately in any table, 

21 chart, or explanatory text included in the state22 ment of managers or the governing committee 

23 report accompanying such law; 

24 (C) required to be allocated for a specific 

25 program, project, or activity in a law (other 


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1 than an appropriation law) that mandates obli2 gations from or within accounts, programs, 

3 projects, or activities for which budget authority 

4 or an obligation limitation is provided in an ap5 propriation law; 

6 (D) represented by the product of the esti7 mated procurement cost and the total quantity 

8 of items specified in an appropriation law or in9 cluded in the statement of managers or the gov10 erning committee report accompanying such 

11 law; or 

12 (E) represented by the product of the esti13 mated procurement cost and the total quantity 

14 of items required to be provided in a law (other 

15 than an appropriation law) that mandates obli16 gations from accounts, programs, projects, or 

17 activities for which dollar amount of discre18 tionary budget authority or an obligation limita19 tion is provided in an appropriation law. 

20 (h) CONFORMING AMENDMENT.—Section 1014(e)(1) 

21 of the Congressional Budget and Impoundment Control 

22 Act of 1974 (2 U.S.C. 685(e)(1)) is amended— 

23 (1) in subparagraphs (A) and (B), by striking 

24 ‘‘he’’ each place such term appears and inserting 

25 ‘‘the President’’; 


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1 (2) in subparagraph (A), by striking ‘‘and’’ at 

2 the end; 

3 (3) by redesignating subparagraph (B) as sub4 paragraph (C); and 

5 (4) by inserting after subparagraph (A) the fol6 lowing: 

7 ‘‘(B) the President has transmitted a spe8 cial message under section 3 of the Short Term 

9 Accelerated Retirement of Inefficient Vehicles 

10 Act of 2009 with respect to a proposed rescis11 sion; and’’. 

12 SEC. 4. SUNSET PROVISION. 

13 Section 3 shall be repealed on the date on which regu14 lations are promulgated under section 2(d). 

Æ 


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