II 111th CONGRESS 1st Session S. 1200 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.

Short title

This Act may be cited as the Short Term Accelerated Retirement of Inefficient Vehicles Act of 2009.

2.

Temporary Vehicle Trade-In Program

(a)

Establishment

There is established in the National Highway Traffic Safety Administration a program, to be known as the Cash for Clunkers Temporary Vehicle Trade-In Program, through which the Secretary, in accordance with this section and the regulations promulgated under subsection (d), shall— (1)authorize the issuance of a voucher, subject to the specifications set forth in subsection (c), to offset the purchase price or lease price of a fuel efficient automobile upon the transfer of the certificate of title of an eligible trade-in vehicle to a dealer participating in the Program; (2)register dealers for participation in the Program and require each registered dealer to— (A)accept vouchers provided under this section as partial payment or down payment for the purchase or lease of any fuel efficient automobile offered for sale or lease by such dealer; and (B)dispose of each eligible trade-in vehicle in accordance with subsection (c)(2) after the title of such vehicle is transferred to the dealer under the Program; (3)in consultation with the Secretary of the Treasury, make payments to dealers for eligible transactions by such dealers before the date that is 1 year after regulations are promulgated under subsection (d), in accordance with such regulations; and (4)in consultation with the Secretary of the Treasury and the Inspector General of the Department of Transportation, establish and provide for the enforcement of measures to prevent and penalize fraud under the Program. (b)

Qualifications for and value of vouchers

A voucher issued under the Program shall have a value that may be applied to offset the purchase price or lease price of a fuel efficient automobile as follows: (1)

$1,000 value

The voucher may be used to offset the purchase price of a previously owned fuel efficient automobile manufactured for model year 2004 or later, by $1,000 if— (A)the newly purchased fuel efficient automobile is a passenger automobile and the combined fuel economy value of such automobile is at least 7 miles per gallon higher than the combined fuel economy value of the eligible trade-in vehicle; (B)the newly purchased fuel efficient automobile is a category 1 truck and the combined fuel economy value of such truck is at least 3 miles per gallon higher than the combined fuel economy value of the eligible trade-in vehicle; or (C)the newly purchased fuel efficient automobile is a category 2 truck that has a combined fuel economy value of at least 17 miles per gallon and the combined fuel economy value of such truck is at least 3 miles per gallon higher than the combined fuel economy value of the eligible trade-in vehicle, which is also a category 2 truck. (2)

$2,500 value

The voucher may be used to offset the purchase price or lease price of the new fuel efficient automobile by $2,500 if— (A)the new fuel efficient automobile is a passenger automobile and the combined fuel economy value of such automobile is at least 7 miles per gallon higher than the combined fuel economy value of the eligible trade-in vehicle; (B)the new fuel efficient automobile is a category 1 truck and the combined fuel economy value of such truck is at least 3 miles per gallon higher than the combined fuel economy value of the eligible trade-in vehicle; (C)the new fuel efficient automobile is a category 2 truck that has a combined fuel economy value of at least 17 miles per gallon and— (i)the eligible trade-in vehicle is a category 2 truck and the combined fuel economy value of the new fuel efficient automobile is at least 3 miles per gallon higher than the combined fuel economy value of the eligible trade-in vehicle; or (ii)the eligible trade-in vehicle is a category 3 truck manufactured for model year 2001 or earlier; or (D)the new fuel efficient automobile is a category 3 truck and the eligible trade-in vehicle is a category 3 truck manufactured for model year 1999 or earlier and is of similar size or larger than the new fuel efficient automobile, as determined in a manner prescribed by the Secretary. (3)

$3,500 value

The voucher may be used to offset the purchase price or lease price of the new fuel efficient automobile by $3,500 if— (A)the new fuel efficient automobile is a passenger automobile and the combined fuel economy value of such automobile is at least 10 miles per gallon higher than the combined fuel economy value of the eligible trade-in vehicle; (B)the new fuel efficient automobile is a category 1 truck and the combined fuel economy value of such truck is at least 6 miles per gallon higher than the combined fuel economy value of the eligible trade-in vehicle; or (C)the new fuel efficient automobile is a category 2 truck that has a combined fuel economy value of at least 17 miles per gallon and the combined fuel economy value of such truck is at least 5 miles per gallon higher than the combined fuel economy value of the eligible trade-in vehicle, which is also a category 2 truck. (4)

$4,500 value

The voucher may be used to offset the purchase price or lease price of the new fuel efficient automobile by $4,500 if— (A)the new fuel efficient automobile is a passenger automobile and the combined fuel economy value of such automobile is at least 13 miles per gallon higher than the combined fuel economy value of the eligible trade-in vehicle; (B)the new fuel efficient automobile is a category 1 truck and the combined fuel economy value of such truck is at least 9 miles per gallon higher than the combined fuel economy value of the eligible trade-in vehicle; or (C)the new fuel efficient automobile is a category 2 truck that has a combined fuel economy value of at least 17 miles per gallon and the combined fuel economy value of such truck is 7 miles per gallon higher than the combined fuel economy value of the eligible trade-in vehicle, which is also a category 2 truck. (c)

Program specifications

(1)

Limitations

(A)

General period of eligibility

A voucher issued under the Program may only be used for the purchase or lease of a fuel efficient automobile that occurs between the date on which the regulations promulgated under subsection (d) are implemented and the date that is 1 year after such date. (B)

Number of vouchers per person and per trade-in vehicle

Not more than 1 voucher may be issued for a single person and not more than 1 voucher may be issued for the joint registered owners of a single eligible trade-in vehicle. (C)

No combination of vouchers

Only 1 voucher issued under the Program may be applied toward the purchase or lease of a single new fuel efficient automobile. (D)

Cap on vouchers for category 3 trucks

Not more than 7.5 percent of the amounts made available for the Program may be used for vouchers for the purchase or qualifying lease of category 3 trucks. (E)

Combination with other incentives permitted

The availability or use of a Federal or State tax incentive or a State-issued voucher for the purchase or lease of a new fuel efficient automobile shall not limit the value or issuance of a voucher under the Program. (F)

No additional fees

A dealer participating in the program may not charge a person purchasing or leasing a new fuel efficient automobile any additional fees associated with the use of a voucher under the Program. (G)

Number and amount

The total number and value of vouchers issued under the Program may not exceed the amounts appropriated for such purpose. (H)

Values for qualifying shorter term leases

If a fuel efficient vehicle is leased under a qualifying shorter term lease, the value of the voucher issued under the Program shall be 50 percent of the value otherwise applicable under subsection (b). (2)

Disposition of eligible trade-in vehicles

(A)

In general

If the title of an eligible trade-in vehicle is transferred to a dealer under the Program, the dealer shall certify to the Secretary, in such manner as the Secretary shall prescribe by rule, that such vehicle, including the engine and drive train— (i)has been or will be crushed or shredded within such period and in such manner as the Secretary prescribes, or will be transferred to an entity that will ensure that the vehicle will be crushed or shredded within such period and in such manner as the Secretary prescribes; and (ii)has not been, and will not be, sold, leased, exchanged, or otherwise disposed of for use as an automobile in the United States or in any other country, or has been or will be transferred, in such manner as the Secretary prescribes, to an entity that will ensure that the vehicle has not been, and will not be, sold, leased, exchanged, or otherwise disposed of for use as an automobile in the United States or in any other country. (B)

Savings provision

Nothing in subparagraph (A) may be construed to preclude a person who dismantles or disposes of the vehicle from— (i)purchasing the disposed vehicle from a dealer for the purpose of selling parts other than the engine block and drive train; (ii)selling any parts of the disposed vehicle other than the engine block and drive train, unless the engine or drive train has been crushed or shredded; or (iii)retaining the proceeds from such sale. (C)

Coordination

The Secretary shall coordinate with the Attorney General to ensure that the National Motor Vehicle Title Information System and other publicly accessible and commercially available systems are appropriately updated to reflect the crushing or shredding of vehicles under this section and appropriate reclassification of the vehicles’ titles. (d)

Rulemaking

Notwithstanding the requirements of section 553 of title 5, United States Code, the Secretary shall promulgate final regulations to implement the Program not later than 30 days after the date of the enactment of this Act. Such regulations shall— (1)provide for a means of registering dealers for participation in the Program; (2)establish procedures for the electronic reimbursement of dealers participating in the Program, within 10 days after the submission to the Secretary of information supporting the eligible transaction, as determined appropriate by the Secretary, for the appropriate amount under subsection (c) and any reasonable administrative costs incurred by the dealer; (3)prohibit any dealer from using vouchers to offset any other rebate or discount offered by that dealer or by the manufacturer of the new fuel efficient automobile; (4)require dealers to disclose to the person trading in an eligible trade-in vehicle the best estimate of the scrappage value of such vehicle and to permit the dealer to retain $50 of any amounts paid to the dealer for scrappage of the automobile as payment for any administrative costs to the dealer associated with participation in the Program; (5)consistent with subsection (c)(2), establish requirements and procedures for the disposal of eligible trade-in vehicles and provide such information as may be necessary to entities engaged in such disposal to ensure that such vehicles are disposed of in accordance with such requirements and procedures, including— (A)requirements for the removal and appropriate disposition of refrigerants, antifreeze, lead products, mercury switches, and such other toxic or hazardous vehicle components prior to the crushing or shredding of an eligible trade-in vehicle, in accordance with rules established by the Secretary, in consultation with the Administrator of the Environmental Protection Agency, and in accordance with other applicable Federal and State requirements; (B)a mechanism for dealers to certify to the Secretary that eligible trade-in vehicles are disposed of, or transferred to an entity that will ensure that the vehicle is disposed of, in accordance with such requirements and procedures and to submit the vehicle identification numbers, mileage, condition, and other appropriate information, as determined by the Secretary, of the vehicles disposed of and the new fuel efficient automobile purchased with each voucher; and (C)a mechanism for obtaining such other certifications as deemed necessary by the Secretary from entities engaged in vehicle disposal; (6)establish a mechanism for dealers to determine the scrappage value of the trade-in vehicle; and (7)provide for the enforcement of the penalties described in subsection (e)(2). (e)

Anti-fraud provisions

(1)

Violation

It shall be unlawful for any person to violate any provision under this section or any regulations issued pursuant to subsection (d). (2)

Penalties

Any person who commits a violation described in paragraph (1) shall be liable to the United States Government for a civil penalty in an amount equal to not more than $25,000 for each such violation. (f)

Information to consumers and dealers

(1)

In general

Not later than 30 days after the date of the enactment of this Act, and promptly upon the update of any relevant information, the Secretary shall make information about the Program available through an Internet Web site and through other means determined by the Secretary. Such information shall include— (A)how to determine if a vehicle is an eligible trade-in vehicle; (B)how to determine the scrappage value of an eligible trade-in vehicle; (C)how to participate in the Program, including how to determine participating dealers; and (D)a comprehensive list, by make and model, of fuel efficient automobiles meeting the requirements of the Program. (2)

Public awareness campaign

Upon completing the requirements under paragraph (1), the Secretary shall conduct a public awareness campaign to inform consumers about the Program and the sources for additional information. (g)

Recordkeeping and report

(1)

Database

The Secretary shall maintain a database that includes— (A)the vehicle identification numbers of all fuel efficient vehicles purchased or leased under the Program; and (B)the vehicle identification numbers, mileage, condition, scrappage value, and other appropriate information, as determined by the Secretary, of all the eligible trade-in vehicles which have been disposed of under the Program. (2)

Report

Not later than June 30, 2010, the Secretary shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives that describes the efficacy of the Program and includes— (A)a description of the results of the Program, including— (i)the total number and amount of vouchers issued for purchase or lease of new fuel efficient automobiles by manufacturer (including aggregate information concerning the make, model, model year) and category of automobile; (ii)aggregate information regarding the make, model, model year, mileage, condition, and manufacturing location of vehicles traded in under the Program; and (iii)the location of sale or lease; (B)an estimate of the overall increase in fuel efficiency in terms of miles per gallon, total annual oil savings, and total annual greenhouse gas reductions, as a result of the Program; and (C)an estimate of the overall economic and employment effects of the Program. (h)

Rule of construction

For purposes of determining Federal or State income tax liability or eligibility for any Federal or State program that bases eligibility, in whole or in part, on income, the value of any voucher issued under the Program to offset the purchase price or lease price of a new fuel efficient automobile shall not be considered income of the person purchasing such automobile. (i)

Definitions

In this section: (1)

Category 1 truck

The term category 1 truck means a nonpassenger automobile (as defined in section 32901(a)(17) of title 49, United States Code) that— (A)has a combined fuel economy value of at least 20 miles per gallon; and (B)is not a category 2 truck. (2)

Category 2 truck

The term category 2 truck means a large van or a large pickup, as categorized by the Secretary using the method used by the Environmental Protection Agency and described in the report entitled Light-Duty Automotive Technology and Fuel Economy Trends: 1975 through 2008. (3)

Category 3 truck

The term category 3 truck has the meaning given the term work truck in section 32901(a)(19) of title 49, United States Code. (4)

Combined fuel economy value

The term combined fuel economy value means— (A)with respect to a new fuel efficient automobile, the number, expressed in miles per gallon, centered below the words Combined Fuel Economy on the label required to be affixed or caused to be affixed on a new automobile pursuant to subpart D of part 600 of title 40 Code of Federal Regulations; (B)with respect to an eligible trade-in vehicle manufactured after model year 1984, the equivalent number determined on the fueleconomy.gov Web site of the Environmental Protection Agency for the make, model, and year of such vehicle; and (C)with respect to an eligible trade-in vehicle manufactured between model years 1978 through 1984, the equivalent number determined by the Secretary and posted on the website of the National Highway Traffic Safety Administration, using data maintained by the Environmental Protection Agency for the make, model, and year of such vehicle. (5)

Dealer

The term dealer means a person that is licensed by a State and engages in the sale of automobiles to ultimate purchasers. (6)

Eligible trade-in vehicle

The term eligible trade-in vehicle means an automobile or a work truck (as such terms are defined in section 32901(a) of title 49, United States Code) that, at the time it is presented for trade-in under this section— (A)is in drivable condition; (B)has been continuously insured, consistent with State law, and registered to the same owner for a period of not less than 1 year immediately prior to such trade-in; and (C)has a combined fuel economy value of 17 miles per gallon or less. (7)

Fuel efficient automobile

The term fuel efficient automobile means a vehicle described in paragraph (1), (2), (3), or (9), that was manufactured for any model year after 2003, and, at the time of the original sale to a consumer— (A)carries a manufacturer’s suggested retail price of $45,000 or less; (B)complies with the applicable air emission and related requirements under the National Emission Standards Act (42 U.S.C. 7521 et seq.); (C)qualifies for listing in emission bin 1, 2, 3, 4, or 5 (as defined in section 86.1803–01 of title 40, Code of Federal Regulations), or for work trucks the applicable vehicle and engine standards found under section 86.005–10 and 86.007–11 of title 40, Code of Federal Regulations; and (D)has a combined fuel economy value of— (i)24 miles per gallon, if the vehicle is a passenger automobile; (ii)20 miles per gallon, if the vehicle is a category 1 truck; or (iii)17 miles per gallon, if the vehicle is a category 2 truck. (8)

New fuel efficient automobile

The term new fuel efficient automobile means a fuel efficient automobile, the equitable or legal title of which has not been transferred to any person other than the ultimate purchaser. (9)

Passenger automobile

The term passenger automobile means a passenger automobile (as defined in section 32901(a)(18) of title 49, United States Code) that has a combined fuel economy value of at least 24 miles per gallon. (10)

Program

The term Program means the Cash for Clunkers Temporary Vehicle Trade-In Program established under this section. (11)

Qualifying lease

The term qualifying lease means a lease of an automobile for a period of not less than 5 years. (12)

Qualifying shorter term lease

The term qualifying shorter term lease means a lease of an automobile for a period of not less than 3 years and not more than 5 years. (13)

Scrappage value

The term scrappage value means the amount received by the dealer for an eligible trade-in vehicle upon transferring title of such vehicle to the person responsible for ensuring the dismantling and destruction of the vehicle. (14)

Secretary

The term Secretary means the Secretary of Transportation, acting through the National Highway Traffic Safety Administration. (15)

Ultimate purchaser

The term ultimate purchaser means, with respect to any new automobile, the first person who in good faith purchases such automobile for purposes other than resale. (16)

Vehicle identification number

The term vehicle identification number means the 17-character number used by the automobile industry to identify individual automobiles.

3.

Expedited consideration of American Recovery and Reinvestment Act rescissions

(a)

Proposed rescission of discretionary budget authority

The President may propose, at the time and in the manner provided in subsection (b), the rescission of any discretionary budget authority provided under the American Recovery and Reinvestment Act (Public Law 111–5). (b)

Transmittal of special message

(1)Not later than 15 days after the date of the enactment of this Act, the President may— (A)transmit to Congress a special message proposing to rescind amounts of discretionary budget authority provided in the American Recovery and Reinvestment Act; and (B)include with the special message described in subparagraph (A) a draft bill or joint resolution that, if enacted, would only rescind that discretionary budget authority. (2)If an Act includes accounts within the jurisdiction of more than 1 subcommittee of the Committee on Appropriations, the President, in proposing to rescind discretionary budget authority under this section, shall send a separate special message and accompanying draft bill or joint resolution for accounts within the jurisdiction of each such subcommittee. (3)Each special message transmitted to Congress under this subsection shall specify, with respect to the discretionary budget authority proposed to be rescinded— (A)the amount of budget authority proposed to be rescinded or which is to be so reserved; (B)any account, department, or establishment of the Government to which such budget authority is available for obligation, and the specific project or governmental functions involved; (C)the reasons why the budget authority should be rescinded or is to be so reserved; (D)to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect of the proposed rescission or of the reservation; and (E)all facts, circumstances, and considerations relating to or bearing upon the proposed rescission or the reservation and the decision to effect the proposed rescission or the reservation, and to the maximum extent practicable, the estimated effect of the proposed rescission or the reservation upon the objects, purposes, and programs for which the budget authority is provided. (c)

Limitation on amounts subject to rescission

The amount of discretionary budget authority the President may propose to rescind in a special message under this section for a particular program, project, or activity may not exceed $4,000,000,000. (d)

Procedures for expedited consideration

(1)(A)Before the close of the second day of continuous session of the applicable House of Congress after the date of receipt of a special message transmitted to Congress under subsection (b), the majority leader or minority leader of the House of Congress in which the Act involved originated shall introduce (by request) the draft bill or joint resolution accompanying that special message. If the bill or joint resolution is not introduced by the third day of continuous session of that House after the date of receipt of that special message, any Member of that House may introduce the bill or joint resolution. (B)A bill or joint resolution introduced pursuant to subparagraph (A) shall be referred to the Committee on Appropriations of the House in which it is introduced. The bill or joint resolution shall be voted on not later than the seventh day of continuous session of that House after the date of receipt of that special message. If the Committee on Appropriations fails to vote on the bill or joint resolution within that period, that committee shall be automatically discharged from consideration of the bill or joint resolution, and the bill or joint resolution shall be placed on the appropriate calendar. (C)A vote on final passage of a bill or joint resolution introduced pursuant to subparagraph (A) shall be taken in that House on or before the close of the 10th calendar day of continuous session of that House after the date of the introduction of the bill or joint resolution in that House, except in cases in which the Committee on Appropriations has considered and voted against discharging the bill or joint resolution for further consideration. If the bill or joint resolution is agreed to, the Clerk of the House of Representatives (in the case of a bill or joint resolution agreed to in the House of Representatives) or the Secretary of the Senate (in the case of a bill or joint resolution agreed to in the Senate) shall cause the bill or joint resolution to be engrossed, certified, and transmitted to the other House of Congress on the same calendar day on which the bill or joint resolution is agreed to. (2)(A)A bill or joint resolution transmitted to the Senate or the House of Representatives pursuant to paragraph (1)(C) shall be referred to the Committee on Appropriations of that House. The bill or joint resolution shall be voted on not later than the seventh day of continuous session of that House after it receives the bill or joint resolution. A committee failing to vote on the bill or joint resolution within such period shall be automatically discharged from consideration of the bill or joint resolution, and the bill or joint resolution shall be placed upon the appropriate calendar. (B)A vote on final passage of a bill or joint resolution transmitted to that House shall be taken on or before the close of the 10th calendar day of continuous session of that House after the date on which the bill or joint resolution is transmitted, except in cases in which the Committee on Appropriations has considered and voted against discharging the bill or joint resolution for further consideration. If the bill or joint resolution is agreed to in that House, the Clerk of the House of Representatives (in the case of a bill or joint resolution agreed to in the House of Representatives) or the Secretary of the Senate (in the case of a bill or joint resolution agreed to in the Senate) shall cause the engrossed bill or joint resolution to be returned to the House in which the bill or joint resolution originated. (3)(A)A motion in the House of Representatives to proceed to the consideration of a bill or joint resolution under this section shall be highly privileged and not debatable. An amendment to the motion and a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. (B)Debate in the House of Representatives on a bill or joint resolution under this section shall not exceed 4 hours, which shall be divided equally between those favoring and those opposing the bill or joint resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a bill or joint resolution under this section or to move to reconsider the vote by which the bill or joint resolution is agreed to or disagreed to. (C)Appeals from decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a bill or joint resolution under this section shall be decided without debate. (D)Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a bill or joint resolution under this section shall be governed by the Rules of the House of Representatives. (4)(A)A motion in the Senate to proceed to the consideration of a bill or joint resolution under this section shall be privileged and not debatable. An amendment to the motion and a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. (B)Debate in the Senate on a bill or joint resolution under this section, and all debatable motions and appeals in connection to such bill or joint resolution, shall not exceed 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (C)Debate in the Senate on any debatable motion or appeal in connection with a bill or joint resolution under this section shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill or joint resolution, except that in the event the manager of the bill or joint resolution is in favor of any such motion or appeal, the time in opposition to such motion or appeal shall be controlled by the minority leader or his designee. Either such leader may, from time under their control on the passage of a bill or joint resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. (D)A motion in the Senate to further limit debate on a bill or joint resolution under this section is not debatable. A motion to recommit a bill or joint resolution under this section is not in order. (e)

Amendments prohibited

No amendment to a bill or joint resolution considered under this section shall be in order in the Senate or the House of Representatives. No motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House to suspend the application of this subsection by unanimous consent. (f)

Requirement To make available for obligation

Any amount of discretionary budget authority proposed to be rescinded in a special message transmitted to Congress under subsection (b) shall be made available for obligation on the day after the date on which either House defeats the bill or joint resolution transmitted with that special message. (g)

Definitions

For purposes of this section— (1)continuity of a session of either House of Congress shall be considered as broken only by an adjournment of that House sine die, and the days on which that House is not in session because of an adjournment of more than 3 days to a date certain shall be excluded in the computation of any period; and (2)the term discretionary budget authority means the dollar amount of discretionary budget authority and obligation limitations— (A)specified in the American Recovery and Reinvestment Act (Public Law 111–5), or the dollar amount of budget authority required to be allocated by a specific proviso in an appropriation law for which a specific dollar figure was not included; (B)represented separately in any table, chart, or explanatory text included in the statement of managers or the governing committee report accompanying such law; (C)required to be allocated for a specific program, project, or activity in a law (other than an appropriation law) that mandates obligations from or within accounts, programs, projects, or activities for which budget authority or an obligation limitation is provided in an appropriation law; (D)represented by the product of the estimated procurement cost and the total quantity of items specified in an appropriation law or included in the statement of managers or the governing committee report accompanying such law; or (E)represented by the product of the estimated procurement cost and the total quantity of items required to be provided in a law (other than an appropriation law) that mandates obligations from accounts, programs, projects, or activities for which dollar amount of discretionary budget authority or an obligation limitation is provided in an appropriation law. (h)

Conforming amendment

Section 1014(e)(1) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 685(e)(1)) is amended— (1)in subparagraphs (A) and (B), by striking he each place such term appears and inserting the President; (2)in subparagraph (A), by striking and at the end; (3)by redesignating subparagraph (B) as subparagraph (C); and (4)by inserting after subparagraph (A) the following: (B)the President has transmitted a special message under section 3 of the Short Term Accelerated Retirement of Inefficient Vehicles Act of 2009 with respect to a proposed rescission; and .

4.

Sunset provision

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