I 

111TH CONGRESS 

1ST SESSION H. R. 2751 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 8, 2009 

Ms. SUTTON (for herself, Mr. ISRAEL, Mr. DINGELL, Mr. INSLEE, Mr. STUPAK, Mr. WAXMAN, Mr. BARTON of Texas, Mr. MARKEY of Massachusetts, Mr. UPTON, Mrs. MILLER of Michigan, Mr. BRALEY of Iowa, Mr. 

ROGERS of Michigan, Ms. DEGETTE, Mr. DOYLE, Ms. BALDWIN, Mr. 

BOCCIERI, Ms. FUDGE, Mr. CARNAHAN, Mr. COURTNEY, Mr. SCHAUER, 

Mr. ARCURI, Mr. MCCOTTER, Mr. RYAN of Ohio, Ms. KAPTUR, Mr. 

CAMP, Mr. HARE, Mr. KILDEE, Mr. BLUMENAUER, Mr. LOEBSACK, Mr. 

HALL of New York, Mr. PETERS, Mr. MICHAUD, Mr. MCNERNEY, Ms. 

KILROY, Mr. SARBANES, Ms. TITUS, Ms. KILPATRICK of Michigan, Mr. 

HILL, Mr. CONNOLLY of Virginia, Mr. HASTINGS of Florida, Mr. SCOTT

of Virginia, Ms. SHEA-PORTER, Mr. DRIEHAUS, Mr. LATOURETTE, Mr. 

COHEN, Mr. BISHOP of New York, Mr. WATT, Mr. YARMUTH, Mr. 

KAGEN, Mr. PERLMUTTER, Mr. LEVIN, and Ms. SCHAKOWSKY) introduced the following bill; which was referred to the Committee on Energy 

and Commerce, and in addition to the Committee on Ways and Means, 

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. 


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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’’. 

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

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

8 National Highway Traffic Safety Administration a vol9 untary program to be known as the ‘‘Consumer Assistance 

10 to Recycle and Save Program’’ through which the Sec11 retary of Transportation (hereinafter in this section re12 ferred to as the ‘‘Secretary’’), in accordance with this Act 

13 and the regulations promulgated under subsection (d), 

14 shall— 

15 (1) authorize the issuance of an electronic 

16 voucher, subject to the specifications set forth in 

17 subsection (c), to offset the purchase price or lease 

18 price for a qualifying lease of a new fuel efficient 

19 automobile upon the surrender of an eligible trade20 in vehicle to a dealer participating in the Program; 

21 (2) register dealers for participation in the Pro22 gram and require all registered dealers— 

23 (A) to accept vouchers as provided in this 

24 section as partial payment or down payment for 

25 the purchase or qualifying lease of any new fuel 


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1 efficient automobile offered for sale or lease by 

2 that dealer; and 

3 (B) in accordance with subsection (c)(2), 

4 to transfer each eligible trade-in vehicle surren5 dered to the dealer under the Program to an 

6 entity for disposal; 

7 (3) in consultation with the Secretary of the 

8 Treasury, make electronic payments to dealers for 

9 eligible transactions accepted by such dealers, in ac10 cordance with the regulations issued under sub11 section (d); and 

12 (4) in consultation with the Secretary of Treas13 ury and the Inspector General of the Department of 

14 Transportation, establish and provide for the en15 forcement of measures to prevent and penalize fraud 

16 under the Program. 

17 (b) QUALIFICATIONS FOR AND VALUE OF VOUCH18 ERS.—A voucher issued under the Program shall have a 

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

20 lease price for a qualifying lease of a new fuel efficient 

21 automobile as follows: 

22 (1) $3,500 VALUE.—The voucher may be used 

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

24 fuel efficient automobile by $3,500 if— 


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1 (A) the new fuel efficient automobile is a 

2 passenger automobile and the combined fuel 

3 economy value of such automobile is at least 4 

4 miles per gallon higher than the combined fuel 

5 economy value of the eligible trade-in vehicle; 

6 (B) the new fuel efficient automobile is a 

7 category 1 truck and the combined fuel econ8 omy value of such truck is at least 2 miles per 

9 gallon higher than the combined fuel economy 

10 value of the eligible trade-in vehicle; 

11 (C) the new fuel efficient automobile is a 

12 category 2 truck that has a combined fuel econ13 omy value of at least 15 miles per gallon and— 

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

15 category 2 truck and the combined fuel 

16 economy value of the new fuel efficient 

17 automobile is at least 1 mile per gallon 

18 higher than the combined fuel economy 

19 value of the eligible trade-in vehicle; or 

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

21 category 3 truck of model year 2001 or 

22 earlier; or 

23 (D) the new fuel efficient automobile is a 

24 category 3 truck and the eligible trade-in vehi25 cle is a category 3 truck of model year of 2001 


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1 or earlier and is of similar size or larger than 

2 the new fuel efficient automobile as determined 

3 in a manner prescribed by the Secretary. 

4 (2) $4,500 VALUE.—The voucher may be used 

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

6 fuel efficient automobile by $4,500 if— 

7 (A) the new fuel efficient automobile is a 

8 passenger automobile and the combined fuel 

9 economy value of such automobile is at least 10 

10 miles per gallon higher than the combined fuel 

11 economy value of the eligible trade-in vehicle; 

12 (B) the new fuel efficient automobile is a 

13 category 1 truck and the combined fuel econ14 omy value of such truck is at least 5 miles per 

15 gallon higher than the combined fuel economy 

16 value of the eligible trade-in vehicle; or 

17 (C) the new fuel efficient automobile is a 

18 category 2 truck that has a combined fuel econ19 omy value of at least 15 miles per gallon and 

20 the combined fuel economy value of such truck 

21 is at least 2 miles per gallon higher than the 

22 combined fuel economy value of the eligible 

23 trade-in vehicle and the eligible trade-in vehicle 

24 is a category 2 truck. 

25 (c) PROGRAM SPECIFICATIONS.— 


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1 (1) LIMITATIONS.— 

2 (A) GENERAL PERIOD OF ELIGIBILITY.—A 

3 voucher issued under the Program shall be used 

4 only in connection with the purchase or quali5 fying lease of new fuel efficient automobiles 

6 that occur between— 

7 (i) the date of enactment of this Act; 

8 and 

9 (ii) the date that is 1 year after the 

10 date on which the regulations promulgated 

11 under subsection (d) are implemented. 

12 (B) NUMBER OF VOUCHERS PER PERSON

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

14 1 voucher may be issued for a single person and 

15 not more than 1 voucher may be issued for the 

16 joint registered owners of a single eligible trade17 in vehicle. 

18 (C) NO COMBINATION OF VOUCHERS.— 

19 Only 1 voucher issued under the Program may 

20 be applied toward the purchase or qualifying 

21 lease of a single new fuel efficient automobile. 

22 (D) CAP ON FUNDS FOR CATEGORY 3

23 TRUCKS.—Not more than 7.5 percent of the 

24 total funds made available for the Program 


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1 shall be used for vouchers for the purchase or 

2 qualifying lease of category 3 trucks. 

3 (E) COMBINATION WITH OTHER INCEN4 TIVES PERMITTED.—The availability or use of a 

5 Federal, State, or local incentive or a State6 issued voucher for the purchase or lease of a 

7 new fuel efficient automobile shall not limit the 

8 value or issuance of a voucher under the Pro9 gram to any person otherwise eligible to receive 

10 such a voucher. 

11 (F) NO ADDITIONAL FEES.—A dealer par12 ticipating in the program may not charge a per13 son purchasing or leasing a new fuel efficient 

14 automobile any additional fees associated with 

15 the use of a voucher under the Program. 

16 (G) NUMBER AND AMOUNT.—The total 

17 number and value of vouchers issued under the 

18 Program may not exceed the amounts appro19 priated for such purpose. 

20 (2) DISPOSITION OF ELIGIBLE TRADE-IN VEHI21 CLES.— 

22 (A) IN GENERAL.—For each eligible trade23 in vehicle surrendered to a dealer under the 

24 Program, the dealer shall certify to the SecVerDate Nov 24 2008 02:54 Jun 09, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2751.IH H2751

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1 retary, in such manner as the Secretary shall 

2 prescribe by rule, that the dealer— 

3 (i) will arrange for the vehicle’s title 

4 to be transferred to the United States and 

5 will accept possession of the vehicle on be6 half of the United States; 

7 (ii) has not and will not sell, lease, ex8 change, or otherwise dispose of the vehicle 

9 for use as an automobile in the United 

10 States or in any other country; and 

11 (iii) will transfer, on behalf of the 

12 United States, the vehicle (including the 

13 engine block) and the vehicle’s title, in 

14 such manner as the Secretary prescribes, 

15 to an entity that will ensure that the vehi16 cle— 

17 (I) will be crushed or shredded 

18 within such period and in such man19 ner as the Secretary prescribes; and 

20 (II) has not been, and will not 

21 be, sold, leased, exchanged, or other22 wise disposed of for use as an auto23 mobile in the United States or in any 

24 other country. 


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1 (B) SAVINGS PROVISION.—Nothing in sub2 paragraph (A) may be construed to preclude a 

3 person who is responsible for ensuring that the 

4 vehicle is crushed or shredded from— 

5 (i) selling any parts of the disposed 

6 vehicle other than the engine block and 

7 drive train (unless the transmission, drive 

8 shaft, or rear end are sold as separate 

9 parts); or 

10 (ii) retaining the proceeds from such 

11 sale. 

12 (C) COORDINATION.—The Secretary shall 

13 coordinate with the Attorney General to ensure 

14 that the National Motor Vehicle Title Informa15 tion System and other publicly accessible sys16 tems are appropriately updated on a timely 

17 basis to reflect the crushing or shredding of ve18 hicles under this Act and appropriate re-classi19 fication of the vehicles’ titles. The commercial 

20 market shall also have electronic and commer21 cial access to the vehicle identification numbers 

22 of vehicles that have been disposed of on a 

23 timely basis. 

24 (d) REGULATIONS.—Notwithstanding the require25 ments of section 553 of title 5, United States Code, the 


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1 Secretary shall promulgate final regulations to implement 

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

3 enactment of this Act. Such regulations shall— 

4 (1) provide for a means of registering dealers 

5 for participation in the program; 

6 (2) establish procedures for the reimbursement 

7 of dealers participating in the Program to be made 

8 through electronic transfer of funds for the amount 

9 of the vouchers as soon as practicable but no longer 

10 than 10 days after the submission of information 

11 supporting the eligible transaction, as determined 

12 appropriate by the Secretary; 

13 (3) require the dealer to use the voucher in ad14 dition to any other rebate or discount advertised by 

15 the dealer or offered by the manufacturer for the 

16 new fuel efficient automobile and prohibit the dealer 

17 from using the voucher to offset any such other re18 bate or discount; 

19 (4) require dealers to disclose to the person 

20 trading in an eligible trade in vehicle the best esti21 mate of the scrappage value of such vehicle; 

22 (5) require dealers to accept on behalf of the 

23 United States, and Transfer to the Secretary of the 

24 Treasury, the amount paid for scrappage of the ve25 hicle up to $60; 


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1 (6) permit the dealer to retain any amounts 

2 paid to the dealer for scrappage of the automobile 

3 in excess of the $60 amount referred to in para4 graph (5) and designate $50 of such excess as pay5 ment for any administrative costs to the dealer asso6 ciated with participation in the Program; 

7 (7) clarify that dealers will not be reimbursed 

8 for any storage fees or other costs associated with 

9 their custodial handling of the eligible trade-in vehi10 cle; 

11 (8) consistent with subsection (c)(2), establish 

12 requirements and procedures for the disposal of eli13 gible trade-in vehicles and provide such information 

14 as may be necessary to entities engaged in such dis15 posal to ensure that such vehicles are disposed of in 

16 accordance with such requirements and procedures, 

17 including— 

18 (A) requirements for the removal and ap19 propriate disposition of refrigerants, antifreeze, 

20 lead products, mercury switches, and such other 

21 toxic or hazardous vehicle components prior to 

22 the crushing or shredding of an eligible trade23 in vehicle, in accordance with rules established 

24 by the Secretary in consultation with the Ad25 ministrator of the Environmental Protection 


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1 Agency, and in accordance with other applicable 

2 Federal or State requirements; 

3 (B) a mechanism for dealers to certify to 

4 the Secretary that each eligible trade-in vehicle 

5 will be transferred by the dealer on behalf of 

6 the United States to an entity that will ensure 

7 that the vehicle is disposed of, in accordance 

8 with such requirements and procedures, and to 

9 submit the vehicle identification numbers of the 

10 vehicles disposed of and the new fuel efficient 

11 automobile purchased with each voucher; 

12 (C) a mechanism for obtaining such other 

13 certifications as determined necessary by the 

14 Secretary from entities engaged in vehicle dis15 posal; and 

16 (D) a list of entities to which dealers may 

17 transfer eligible trade-in vehicles for disposal; 

18 and 

19 (9) provide for the enforcement of the penalties 

20 described in subsection (e). 

21 (e) ANTI-FRAUD PROVISIONS.— 

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

23 person to violate any provision under this Act or any 

24 regulations issued pursuant to subsection (d) (other 

25 than by making a clerical error). 


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

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

3 the United States Government for a civil penalty of 

4 not more than $15,000 for each violation. The Sec5 retary shall have the authority to assess and com6 promise such penalties, and shall have the authority 

7 to require from any entity the records and inspec8 tions necessary to enforce this program. In deter9 mining the amount of the civil penalty, the severity 

10 of the violation and the intent of the person commit11 ting the violation shall be taken into account. 

12 (f) INFORMATION TO CONSUMERS AND DEALERS.— 

13 Not later than 30 days after the date of enactment of this 

14 Act, and promptly upon the update of any relevant infor15 mation, the Secretary, in consultation with the Adminis16 trator of the Environmental Protection Agency, shall 

17 make available on an Internet website and through other 

18 means determined by the Secretary information about the 

19 Program, including— 

20 (1) how to determine if a vehicle is an eligible 

21 trade-in vehicle; 

22 (2) how to participate in the Program, includ23 ing how to determine participating dealers; and 


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1 (3) a comprehensive list, by make and model, of 

2 new fuel efficient automobiles meeting the require3 ments of the Program. 

4 Once such information is available, the Secretary shall 

5 conduct a public awareness campaign to inform consumers 

6 about the Program and where to obtain additional infor7 mation. 

8 (g) RECORD KEEPING AND REPORT.— 

9 (1) DATABASE.—The Secretary shall maintain 

10 a database of the vehicle identification numbers of 

11 all new fuel efficient vehicles purchased or leased 

12 and all eligible trade-in vehicles disposed of under 

13 the Program. 

14 (2) REPORT ON THE EFFICACY OF THE PRO15 GRAM.—Not later than 60 days after the termi16 nation date described in subsection (c)(1)(A)(ii), the 

17 Secretary shall submit a report to the Committee on 

18 Energy and Commerce of the House of Representa19 tives and the Committee on Commerce, Science, and 

20 Transportation of the Senate describing the efficacy 

21 of the Program, including— 

22 (A) a description of program results, in23 cluding— 

24 (i) the total number and amount of 

25 vouchers issued for purchase or lease of 


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1 new fuel efficient automobiles by manufac2 turer (including aggregate information 

3 concerning the make, model, model year) 

4 and category of automobile; 

5 (ii) aggregate information regarding 

6 the make, model, model year, and manu7 facturing location of vehicles traded in 

8 under the Program; and 

9 (iii) the location of sale or lease; 

10 (B) an estimate of the overall increase in 

11 fuel efficiency in terms of miles per gallon, total 

12 annual oil savings, and total annual greenhouse 

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

14 (C) an estimate of the overall economic 

15 and employment effects of the Program. 

16 (h) TREATMENT OF PAYMENT.— 

17 (1) FOR FEDERAL AND STATE PROGRAMS.—A 

18 voucher under this Act or any payment made for 

19 such a voucher pursuant to subsection (a)(3) shall 

20 not be considered income and shall not be considered 

21 as a resource for the month of receipt and the fol22 lowing 12 months, for purposes of determining the 

23 eligibility of the recipient (or the recipient’s spouse 

24 or other family or household members) for benefits 


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1 or assistance, or the amount or extent of benefits or 

2 assistance, under any Federal or State program. 

3 (2) FOR PURPOSES OF TAXATION.—A voucher 

4 under this Act, or any payment made for such a 

5 voucher pursuant to subsection (a)(3), shall not be 

6 considered as gross income of the purchaser of a ve7 hicle under this Act for purposes of the Internal 

8 Revenue Code of 1986. 

9 (i) DEFINITIONS.—As used in this Act— 

10 (1) the term ‘‘passenger automobile’’ means a 

11 passenger automobile, as defined in section 

12 32901(a)(18) of title 49, United States Code, that 

13 has a combined fuel economy value of at least 22 

14 miles per gallon; 

15 (2) the term ‘‘category 1 truck’’ means a non16 passenger automobile, as defined in section 

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

18 has a combined fuel economy value of at least 18 

19 miles per gallon, except that such term does not in20 clude a category 2 truck; 

21 (3) the term ‘‘category 2 truck’’ means a large 

22 van or a large pickup, as categorized by the Sec23 retary using the method used by the Environmental 

24 Protection Agency and described in the report entiVerDate Nov 24 2008 02:54 Jun 09, 2009 Jkt 079200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H2751.IH H2751

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1 tled ‘‘Light-Duty Automotive Technology and Fuel 

2 Economy Trends: 1975 through 2008’’; 

3 (4) the term ‘‘category 3 truck’’ means a work 

4 truck, as defined in section 32901(a)(19) of title 49, 

5 United States Code; 

6 (5) the term ‘‘combined fuel economy value’’ 

7 means— 

8 (A) with respect to a new fuel efficient 

9 automobile, the number, expressed in miles per 

10 gallon, centered below the words ‘‘Combined 

11 Fuel Economy’’ on the label required to be af12 fixed or caused to be affixed on a new auto13 mobile pursuant to subpart D of part 600 of 

14 title 40 Code of Federal Regulations; 

15 (B) with respect to an eligible trade-in ve16 hicle, the equivalent of the number described in 

17 subparagraph (A), and posted under the words 

18 ‘‘Estimated New EPA MPG’’ and above the 

19 word ‘‘Combined’’ for vehicles of model year 

20 1985 through 2007, or posted under the words 

21 ‘‘New EPA MPG’’ and above the word ‘‘Com22 bined’’ for vehicles of model year 2008 or later 

23 on the fueleconomy.gov website of the Environ24 mental Protection Agency for the make, model, 

25 and year of such vehicle; or 


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1 (C) with respect to an eligible trade-in ve2 hicle manufactured between model years 1978 

3 through 1984, the equivalent of the number de4 scribed in subparagraph (A) as determined by 

5 the Secretary (and posted on the website of the 

6 National Highway Traffic Safety Administra7 tion) using data maintained by the Environ8 mental Protection Agency for the make, model, 

9 and year of such vehicle; 

10 (6) the term ‘‘dealer’’ means a person licensed 

11 by a State who engages in the sale of new auto12 mobiles to ultimate purchasers; 

13 (7) the term ‘‘eligible trade-in vehicle’’ means 

14 an automobile or a work truck (as such terms are 

15 defined in section 32901(a) of title 49, United 

16 States Code) that, at the time it is presented for 

17 trade-in under this Act— 

18 (A) is in drivable condition; 

19 (B) has been continuously insured con20 sistent with the applicable State law and reg21 istered to the same owner for a period of not 

22 less than 1 year immediately prior to such 

23 trade-in; 

24 (C) was manufactured in model year 1984 

25 or later; and 


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1 (D) in the case of an automobile, has a 

2 combined fuel economy value of 18 miles per 

3 gallon or less; 

4 (8) the term ‘‘new fuel efficient automobile’’ 

5 means an automobile described in paragraph (1), 

6 (2), (3), or (4)— 

7 (A) the equitable or legal title of which has 

8 not been transferred to any person other than 

9 the ultimate purchaser; 

10 (B) that carries a manufacturer’s sug11 gested retail price of $45,000 or less; 

12 (C) that— 

13 (i) in the case of passenger auto14 mobiles, category 1 trucks, or category 2 

15 trucks, is certified to applicable standards 

16 under section 86.1811–04 of title 40, Code 

17 of Federal Regulations; or 

18 (ii) in the case of category 3 trucks, 

19 is certified to the applicable vehicle or en20 gine standards under section 86.1816–08, 

21 86–007–11, or 86.008–10 of title 40, Code 

22 of Federal Regulations; and 

23 (D) that has the combined fuel economy 

24 value of at least— 


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1 (i) 22 miles per gallon for a passenger 

2 automobile; 

3 (ii) 18 miles per gallon for a category 

4 1 truck; or 

5 (iii) 15 miles per gallon for a category 

6 2 truck; 

7 (9) the term ‘‘Program’’ means the Consumer 

8 Assistance to Recycle and Save Program established 

9 by this Act; 

10 (10) the term ‘‘qualifying lease’’ means a lease 

11 of an automobile for a period of not less than 5 

12 years; 

13 (11) the term ‘‘scrappage value’’ means the 

14 amount received by the dealer for a vehicle upon 

15 transferring title of such vehicle to the person re16 sponsible for ensuring the dismantling and destroy17 ing the vehicle; 

18 (12) the term ‘‘Secretary’’ means the Secretary 

19 of Transportation acting through the National High20 way Traffic Safety Administration; 

21 (13) the term ‘‘ultimate purchaser’’ means, 

22 with respect to any new automobile, the first person 

23 who in good faith purchases such automobile for 

24 purposes other than resale; 


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1 (14) the term ‘‘voucher’’ means an electronic 

2 transfer of funds to a dealer based on an eligible 

3 transaction under this program; and 

4 (15) the term ‘‘vehicle identification number’’ 

5 means the 17-character number used by the auto6 mobile industry to identify individual automobiles. 

7 (j) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to the Secretary of Trans9 portation $4,000,000,000 to carry out this Act. 

Æ 


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