II 

111TH CONGRESS 

1ST SESSION S. 247 

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

automobiles with fuel efficient automobiles or public transportation. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 14, 2009 

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

following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To accelerate motor fuel savings nationwide and provide incentives to registered owners of high fuel consumption 

automobiles to replace such automobiles with fuel efficient 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 ‘‘Accelerated Retirement 

5 of Inefficient Vehicles Act of 2009’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) AUTOMOBILE; MANUFACTURER; MODEL; 

2 MODEL YEAR.—The terms ‘‘automobile’’, ‘‘manufac3 turer’’, ‘‘model’’, and ‘‘model year’’ have the mean4 ings given such terms in section 32901(a) of title 

5 49, United States Code. 

6 (2) CERTIFICATE OF TITLE.—The term ‘‘cer7 tificate of title’’ means a State-issued document 

8 showing ownership of an automobile. 

9 (3) DEALER.—The term ‘‘dealer’’ means a per10 son residing in a State that engages in the sale, 

11 lease, or distribution of new automobiles to the first 

12 person (except a dealer buying as a dealer) that is 

13 an ultimate purchaser. 

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

15 means a person residing in a State who is licensed 

16 to operate a business employing 3 or more persons 

17 to take automobiles apart for the purpose of reclaim18 ing usable parts and recyclable materials. 

19 (5) ELIGIBLE FLEET OPERATOR.—The term 

20 ‘‘eligible fleet operator’’ means— 

21 (A) the operator of a fleet of automobiles 

22 that is owned by a State, Indian tribe, or local 

23 government; or 

24 (B) the owner of 2 or more automobiles 

25 authorized to carry passengers for hire under 


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1 State, tribal, or local regulations governing the 

2 operation of taxi cabs. 

3 (6) ELIGIBLE HIGH FUEL CONSUMPTION AUTO4 MOBILE.—The term ‘‘eligible high fuel consumption 

5 automobile’’ means a high fuel consumption auto6 mobile that, at the time it is presented for participa7 tion in the program established under section 3— 

8 (A) is in drivable condition; and 

9 (B) has been continuously registered and 

10 licensed to operate in any State for a period of 

11 not fewer than 120 consecutive days for oper12 ation on public roads. 

13 (7) FUEL EFFICIENT AUTOMOBILE.—The term 

14 ‘‘fuel efficient automobile’’ means an automobile 

15 manufactured for any model year after 2003 that, at 

16 the time of the original sale to a consumer— 

17 (A) carries a manufacturer’s suggested re18 tail price of $45,000 or less; 

19 (B) complies with the applicable air emis20 sion and related requirements under the Na21 tional Emission Standards Act (42 U.S.C. 7521 

22 et seq.); 

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

24 2, 3, 4, or 5 (as defined in section 86.1803–01 

25 of title 40, Code of Federal Regulations); and 


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1 (D)(i) for automobiles manufactured in 

2 any of the model years 2004 through 2010, 

3 achieves a measured fuel economy level that ex4 ceeds by 25 percent the fuel economy standard 

5 prescribed by the Secretary of Transportation 

6 under section 32902 of title 49, United States 

7 Code, for the model year and compliance cat8 egory of such automobile; or 

9 (ii) for automobiles manufactured for any 

10 model year after 2010, achieves a measured 

11 fuel economy level that exceeds by 25 percent 

12 the fuel economy target prescribed by the Sec13 retary of Transportation under such section 

14 32902 for the model year and automobile at15 tribute group into which such automobile is 

16 classified. 

17 (8) HIGH FUEL CONSUMPTION AUTOMOBILE.— 

18 The term ‘‘high fuel consumption automobile’’ 

19 means an automobile manufactured for any model 

20 year before 2008 for which the originally certified 

21 measured fuel economy level is less than 18 miles 

22 per gallon. 

23 (9) MEASURED FUEL ECONOMY LEVEL.—The 

24 term ‘‘measured fuel economy level’’ means the fuel 

25 economy level of a new automobile model measured 


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1 in accordance with section 32904 of title 49, United 

2 States Code, and regulations prescribed thereunder. 

3 (10) NEW AUTOMOBILE.—The term ‘‘new auto4 mobile’’ means an automobile for which a manufac5 turer, distributor, or dealer has never transferred 

6 the equitable or legal title to such automobile to an 

7 ultimate purchaser. 

8 (11) NONPASSENGER AUTOMOBILE.—The term 

9 ‘‘nonpassenger automobile’’ means an automobile 

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

11 Code of Federal Regulations. 

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

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

14 United States Code. 

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

16 the Accelerated Retirement of Inefficient Vehicles 

17 Program established under section 3. 

18 (14) REGISTERED OWNER.—The term ‘‘reg19 istered owner’’ means, with respect to an auto20 mobile, the person whose name appears on the cur21 rent State certificate of registration for such auto22 mobile. 

23 (15) SCRAP RECYCLING FACILITY.—The term 

24 ‘‘scrap recycling facility’’ means a business— 


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1 (A) employing 3 or more individuals at a 

2 fixed location in a State, where machinery and 

3 equipment are utilized for processing and man4 ufacturing scrap metal into prepared grades; 

5 and 

6 (B) whose principal product is scrap iron, 

7 scrap steel, or nonferrous metallic scrap for sale 

8 for remelting purposes. 

9 (16) SECRETARY.—The term ‘‘Secretary’’ 

10 means the Secretary of Energy. 

11 (17) STATE.—The term ‘‘State’’ has the mean12 ing given such term in section 32101 of title 49, 

13 United States Code. 

14 (18) ULTIMATE PURCHASER.—The term ‘‘ulti15 mate purchaser’’ means, with respect to any new 

16 automobile, the first person who in good faith pur17 chases such automobile for purposes other than re18 sale. 

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

20 voucher issued to the registered owner of an eligible 

21 high fuel consumption automobile under section 

22 3(a). 


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1 SEC. 3. ACCELERATED RETIREMENT OF INEFFICIENT VEHI2 CLES PROGRAM. 

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

4 Department of Energy a program to be known as the ‘‘Ac5 celerated Retirement of Inefficient Vehicles Program’’, 

6 through which the Secretary shall— 

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

8 to the limitations described in subsection (e)(1), to 

9 any person or eligible fleet operator who is a reg10 istered owner of an eligible high fuel consumption 

11 automobile, which voucher may be used solely by 

12 such person or eligible fleet operator for the pur13 chase of a new or used fuel efficient automobile 

14 upon the transfer of the certificate of title to such 

15 high fuel consumption automobile to a dealer, dis16 mantler, or scrap recycling facility participating in 

17 the Program; 

18 (2) allow any dealer, dismantler, or scrap recy19 cling facility to participate in the Program if the 

20 dealer, dismantler, or scrap recycling facility agrees 

21 to— 

22 (A) scrap any eligible high fuel consump23 tion automobile upon receiving the certificate of 

24 title to such automobile pursuant to the Pro25 gram; 


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1 (B) issue a voucher to the registered owner 

2 of such automobile; 

3 (C) certify to the Secretary that such auto4 mobile has been crushed or shredded in accord5 ance with subsection (e)(4); and 

6 (D) comply with all applicable require7 ments under this Act and any regulations pro8 mulgated by the Secretary to carry out this Act; 

9 (3) require that all dealers accept vouchers pre10 sented by a person or eligible fleet operator de11 scribed in paragraph (1) as partial payment for the 

12 purchase of a new or used fuel efficient automobile; 

13 and 

14 (4) make payments to dealers for vouchers ac15 cepted by such dealers under paragraph (3) between 

16 January 1, 2009, and December 31, 2014, in ac17 cordance with the provisions of this section. 

18 (b) AMOUNT OF VOUCHER.— 

19 (1) VOUCHER REDEMPTION VALUE IF USED TO20 WARD PURCHASE OF NEW FUEL EFFICIENT AUTO21 MOBILE.—A voucher issued under the Program dur22 ing the 4-year period beginning on January 1, 2009, 

23 may be applied to offset the purchase price of a new 

24 fuel efficient automobile by— 


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1 (A) $4,500 if the eligible high fuel con2 sumption automobile was manufactured for a 

3 model year that is 7 or fewer years less than 

4 the calendar year in which the voucher was 

5 issued; 

6 (B) $3,000 if the eligible high fuel con7 sumption automobile was manufactured for a 

8 model year that is 8 to 10 years less than the 

9 calendar year in which the voucher was issued; 

10 and 

11 (C) $2,500 if the eligible high fuel con12 sumption automobile was manufactured for a 

13 model year that is 11 or more years less than 

14 the calendar year in which the voucher was 

15 issued. 

16 (2) VOUCHER REDEMPTION VALUE IF USED TO17 WARD PURCHASE OF USED FUEL EFFICIENT AUTO18 MOBILE.—A voucher issued under the Program dur19 ing the 4-year period beginning on January 1, 2009, 

20 may be applied to offset the purchase price of a used 

21 fuel efficient automobile by— 

22 (A) $3,000 if the eligible high fuel con23 sumption automobile was manufactured for a 

24 model year that is 7 or fewer years less than 


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1 the calendar year in which the voucher was 

2 issued; 

3 (B) $2,000 if the eligible high fuel con4 sumption automobile was manufactured for a 

5 model year that is 8 to 10 years less than the 

6 calendar year in which the voucher was issued; 

7 and 

8 (C) $1,500 if the eligible high fuel con9 sumption automobile was manufactured for a 

10 model year that is 11 or more years less than 

11 the calendar year in which the voucher was 

12 issued. 

13 (3) VOUCHER REDEMPTION VALUE IF USED TO14 WARD PURCHASE OF A HIGHLY FUEL EFFICIENT

15 AUTOMOBILE.—The values determined under para16 graphs (1) or (2) shall be increased by $1,000 if the 

17 voucher issued under the Program is applied to off18 set the purchase price of a fuel efficient automobile 

19 that achieves a measured fuel economy level that ex20 ceeds by 50 percent the fuel economy standard pre21 scribed by the Secretary of Transportation under 

22 section 32902 of title 49, United States Code, for 

23 the model year and compliance category of such 

24 automobile. 


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1 (4) VOUCHER REDEMPTION VALUE IF USED

2 FOR TRANSIT FARE CREDITS.—A voucher issued 

3 under the program during the 4-year period begin4 ning on January 1, 2009, may be applied to acquire 

5 single-passenger transit fare credits from partici6 pating transit operators in an amount equal to the 

7 amounts provided under paragraph (2). 

8 (c) ADMINISTRATIVE PAYMENTS TO PARTICIPATING

9 DEALERS, DISMANTLERS, AND SCRAP RECYCLING FA10 CILITIES.—The Secretary shall provide for a payment of 

11 $50, or another amount determined reasonable by the Sec12 retary, to participating dealers, dismantlers, and scrap re13 cycling facilities for each voucher issued under the Pro14 gram in consideration of the administrative costs related 

15 to such issuance. 

16 (d) LISTS OF ELIGIBLE AUTOMOBILES TO BE MAIN17 TAINED.—The Secretary, in cooperation with the Sec18 retary of Transportation, shall prepare, maintain, pub19 licize, and make available through the Internet, lists of 

20 automobiles, classified by make and model, which are clas21 sified under this section as— 

22 (1) eligible high fuel consumption automobiles; 

23 (2) new fuel efficient automobiles; or 

24 (3) used fuel efficient automobiles. 

25 (e) PROGRAM SPECIFICATIONS.— 


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1 (1) LIMITATIONS.— 

2 (A) VOUCHERS PER PERSON.—Not more 

3 than 1 voucher may be issued to a person in 

4 any period of 3 successive calendar years. A 

5 person may be issued a voucher if the person 

6 demonstrates, in a manner prescribed by rule 

7 by the Secretary, that such person— 

8 (i) is the registered owner of an eligi9 ble high fuel consumption automobile; and 

10 (ii) attests that such high fuel con11 sumption automobile has not been im12 ported into the United States during the 

13 previous 4-month period. 

14 (B) VOUCHERS FOR ELIGIBLE FLEETS.—A 

15 voucher for the purchase of a new or used fuel 

16 efficient automobile from a dealer may be 

17 issued to an eligible fleet operator for each eligi18 ble high fuel consumption automobile for which 

19 such eligible fleet operator is the registered 

20 owner, as demonstrated in a manner prescribed 

21 by rule by the Secretary. 

22 (C) OFFSET.—A dealer— 

23 (i) shall credit the amount of the 

24 voucher being applied toward the purchase 

25 of a fuel efficient automobile; and 


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1 (ii) may not offset the amount of the 

2 voucher against any other rebate or dis3 count otherwise being offered by the dealer 

4 or manufacturer. 

5 (D) JOINT OWNERSHIP.—Not more than 1 

6 voucher may be issued to the joint owners of an 

7 eligible high fuel consumption automobile, un8 less such automobile is operated by an eligible 

9 fleet operator. 

10 (E) NO COMBINATION OF VOUCHERS.—A 

11 person may not apply 2 or more vouchers 

12 issued under the Program toward the purchase 

13 of a single fuel efficient automobile. 

14 (F) COMBINATION WITH OTHER INCEN15 TIVES PERMITTED.—Notwithstanding any other 

16 provision of law, the availability or use of a 

17 Federal or State tax incentive or a State-issued 

18 voucher for the purchase of a fuel efficient 

19 automobile shall not limit the value or issuance 

20 of a voucher under the Program to any person 

21 or eligible fleet operator otherwise eligible to re22 ceive such a voucher. 

23 (G) DURATION.—Each voucher shall ex24 pire 2 years after the date on which the voucher 

25 is issued and may not be renewed. 


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1 (H) PROMPT FULFILLMENT OF REDEMP2 TION REQUESTS REQUIRED.—The Secretary 

3 shall provide for the payment of all vouchers 

4 submitted to the Secretary for redemption in 

5 accordance with the provisions of this Act not 

6 later than 60 days after such submission, or 

7 within such lesser period as the Secretary deter8 mines to be practicable. 

9 (I) NUMBER AND AMOUNT.—The total 

10 number and value of vouchers issued under the 

11 Program may not exceed the amounts appro12 priated for such purpose. 

13 (2) CONSUMER EDUCATION PROGRAM.—The 

14 Secretary shall carry out a consumer education pro15 gram aimed at informing persons about the Pro16 gram, its fuel economy purposes, and the availability 

17 of vouchers under the Program. 

18 (3) TRANSIT FARE CREDITS.—The Secretary 

19 shall promulgate regulations that allow operators of 

20 bus and rail public transit systems to redeem vouch21 ers properly issued to any person under this Act to 

22 offset the purchase price of annual transit passes or 

23 any other form of individual transit fare credit des24 ignated by the transit system operator. Participating 

25 transit system operators shall establish the terms 


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1 and conditions for the ownership, use, and expira2 tion of any transit fare credits acquired through the 

3 use of a voucher issued under this Act. 

4 (4) DISPOSITION OF ELIGIBLE HIGH FUEL CON5 SUMPTION AUTOMOBILES.— 

6 (A) IN GENERAL.—Any automobile dealer, 

7 dismantler, or scrap recycling facility who re8 ceives a certificate of title to any eligible high 

9 fuel consumption automobile in exchange for a 

10 voucher under the Program shall certify to the 

11 Secretary, in such manner as the Secretary 

12 shall prescribe by rule, that such automobile 

13 and engine— 

14 (i) have been crushed or shredded 

15 within such period as the Secretary pre16 scribes; 

17 (ii) have been processed prior to 

18 crushing or shredding to ensure the re19 moval and appropriate disposition of re20 frigerants, antifreeze, lead products, mer21 cury switches, and such other toxic or haz22 ardous vehicle components as the Secretary 

23 may specify by rule; and 

24 (iii) have not been, and will not be, 

25 sold, leased, exchanged, or otherwise disVerDate Nov 24 2008 01:13 Jan 16, 2009 Jkt 079200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S247.IS S247

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1 posed of for use as an automobile in the 

2 United States or in any other country. 

3 (B) SAVINGS PROVISION.—Nothing in sub4 paragraph (A) may be construed to preclude a 

5 dismantler from— 

6 (i) selling any parts of such scrapped 

7 automobile other than the engine block and 

8 drive train for use as replacement parts; or 

9 (ii) retaining the proceeds from such 

10 sale. 

11 (C) COORDINATION.—The Secretary shall 

12 coordinate with the Attorney General to ensure 

13 that the National Motor Vehicle Title Informa14 tion System is appropriately updated to reflect 

15 the crushing or shredding of high fuel consump16 tion automobiles under this section. 

17 (f) RULEMAKING.—Not later than 120 days after the 

18 date of the enactment of this Act, the Secretary shall pro19 mulgate regulations to implement the Program, includ20 ing— 

21 (1) the removal and disposition of toxic or haz22 ardous materials from eligible high fuel consumption 

23 vehicles presented for participation in the program; 

24 and 


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1 (2) the enforcement of the penalties described 

2 in section 4. 

3 (g) DISCLAIMER.—Nothing in this Act or any other 

4 provision of law limits the authority of Congress or the 

5 Secretary to terminate or limit the Program or the 

6 issuance of vouchers under the Program. 

7 SEC. 4. PENALTIES. 

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

9 to violate any provision under this Act or any regulations 

10 issued pursuant to section 3(f). 

11 (b) PENALTIES.—Any person who commits a viola12 tion described in subsection (a) shall be liable to the 

13 United States Government for a civil penalty of not more 

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

15 be deemed to have occurred for each day the person con16 tinues to be in violation of any provision under this Act. 

17 SEC. 5. REPORT. 

18 The Secretary shall submit a report to the Committee 

19 on Energy and Natural Resources of the Senate and the 

20 Committee on Energy and Commerce of the House of 

21 Representatives every 6 months that specifies, for the 

22 most recent 6-month period— 

23 (1) the number of vouchers which have been 

24 used under the Program; and 


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

2 sale, and manufacturing location of each vehicle 

3 traded in or purchased under the Program. 

4 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

5 There are authorized to be appropriated, for each of 

6 the fiscal years 2009 through 2014, such sums as may 

7 be necessary to carry out this Act, which sums shall re8 main available until expended. 

Æ 


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