S.Amdt. 1273

1. Inserts new text wherever appropriate

   Inserts

   Inserted: TITLE__-- AUTOMOBILE VOUCHER PROGRAM

   Inserted: SEC. _01. AUTOMOBILE VOUCHER PROGRAM.

   Inserted: (a) Establishment.--There is established in the National Highway Traffic Safety Administration a voluntary program to be known as the "Automobile Voucher Program" through which the Secretary, in accordance with this section and the regulations promulgated under subsection (d), shall--

   Inserted: (1) authorize the issuance of an electronic voucher, subject to the specifications set forth in subsection (c), to offset the purchase price or lease price for a qualifying lease of an automobile manufactured after model year 2006, upon the surrender of an eligible trade-in vehicle to a dealer participating in the Program;

   Inserted: (2) certify dealers for participation in the Program to accept vouchers as provided in this section as partial payment or down payment for the purchase or qualifying lease of an automobile manufactured after model year 2006, offered for sale or lease by that dealer; and

   Inserted: (3) in consultation with the Secretary of the Treasury, make electronic payments to dealers for vouchers accepted by such dealers, in accordance with the regulations promulgated under subsection (d);

   Inserted: (4) in consultation with the Secretary of the Treasury, provide for the payment of rebates to persons who qualify for a rebate under subsection (c)(2); and

   Inserted: (5) 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.

   Inserted: (b) Qualifications for and Value of Vouchers.--

   Inserted: (1) New automobiles.--A $4,000 voucher shall be issued under the Program to offset the purchase price or lease price of a new automobile, upon the surrender of an eligible trade-in vehicle to a dealer participating in the Program.

   Inserted: (2) Used automobiles.--A $3,000 voucher shall be issued under the Program to offset the purchase price or lease price of a used automobile manufactured after model year 2006, upon the surrender of an eligible trade-in vehicle to a dealer participating in the Program.

   Inserted: (c) Program Specifications.--

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   Inserted: (1) Limitations.--

   Inserted: (A) General period of eligibility.--A voucher issued under the Program shall be used only for the purchase or qualifying lease of automobiles manufactured after model year 2006 that occur between--

   Inserted: (i) March 30, 2009; and

   Inserted: (ii) the date that is 1 year after the date on which the regulations promulgated under subsection (d) are implemented.

   Inserted: (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.

   Inserted: (C) No combination of vouchers.--Only 1 voucher issued under the Program may be applied toward the purchase or qualifying lease of an automobile manufactured after model year 2006.

   Inserted: (D) Combination with other incentives permitted.--The availability or use of a Federal, State, or local incentive or a State-issued voucher for the purchase or lease of an automobile manufactured after model year 2006 shall not limit the value or issuance of a voucher under the Program to any person otherwise eligible to receive such a voucher.

   Inserted: (E) No additional fees.--A dealer participating in the program may not charge a person purchasing or leasing an automobile manufactured after model year 2006 any additional fees associated with the use of a voucher under the Program.

   Inserted: (F) Number and amount.--The total number and value of vouchers issued under the Program may not exceed the amounts appropriated for such purpose.

   Inserted: (2) Eligible purchases or leases prior to date of enactment.--If a person purchased or leased a new automobile during the period beginning on March 30, 2009 and ending on the day before the date of the enactment of this Act, the person shall be eligible for a cash rebate equivalent to the amount described in subsection (b)(1) if the person provides proof satisfactory to the Secretary that the person is eligible for such rebate.

   Inserted: (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--

   Inserted: (1) provide for a means of certifying dealers for participation in the Program;

   Inserted: (2) establish procedures for the reimbursement of dealers participating in the Program to be made through electronic transfer of funds for both the amount of the vouchers and any reasonable administrative costs incurred by the dealer as soon as practicable but no longer than 10 days after the submission of a voucher for the automobile manufactured after model year 2006 to the Secretary;

   Inserted: (3) allow the dealer to use the voucher in addition to any other rebate or discount offered by the dealer or the manufacturer for the automobile manufactured after model year 2006 and prohibit the dealer from using the voucher to offset any such other rebate or discount;

   Inserted: (4) establish a process by which persons who qualify for a rebate under subsection (c)(2) may apply for such rebate; and

   Inserted: (5) provide for the enforcement of the penalties described in subsection (e).

   Inserted: (e) Anti-Fraud Provisions.--

   Inserted: (1) Violation.--It shall be unlawful for any person to knowingly violate any provision under this section or any regulations issued pursuant to subsection (d).

   Inserted: (2) Penalties.--Any person who commits a violation described in paragraph (1) shall be liable to the United States Government for a civil penalty of not more than $15,000 for each violation.

   Inserted: (f) Information to Consumers and Dealers.--

   Inserted: (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 available on an Internet Web site and through other means determined by the Secretary information about the Program, including--

   Inserted: (A) how to determine if a vehicle is an eligible trade-in vehicle; and

   Inserted: (B) how to participate in the Program, including how to determine participating dealers.

   Inserted: (2) Public awareness campaign.--The Secretary shall conduct a public awareness campaign to inform consumers about the Program and sources of additional information.

   Inserted: (g) Recordkeeping and Report.--

   Inserted: (1) Database.--The Secretary shall maintain a database of the vehicle identification numbers of all automobile manufactured after model year 2006, which have been purchased or leased under the Program.

   Inserted: (2) Report.--Not later than 60 days after the termination date described in subsection (c)(1)(A)(ii), the Secretary shall submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate describing the efficacy of the Program, including--

   Inserted: (A) a description of Program results, including--

   Inserted: (i) the total number and amount of vouchers issued for purchase or lease of automobiles manufactured after model year 2006 by manufacturer (including aggregate information concerning the make, model, model year) and category of automobile;

   Inserted: (ii) aggregate information regarding the make, model, model year, and manufacturing location of vehicles traded in under the Program; and

   Inserted: (iii) the location of sale or lease; and

   Inserted: (B) an estimate of the overall economic and employment effects of the Program.

   Inserted: (h) Exclusion of Vouchers and Rebates From Income.--

   Inserted: (1) Federal programs.--A voucher issued under the Program or a cash rebate issued under subsection (c)(3) shall not be regarded as income and shall not be regarded as a resource for the month of receipt of the voucher or rebate and the following 12 months, for purposes of determining the eligibility of the recipient of the voucher or rebate (or the recipient's spouse or other family or household members) for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal program.

   Inserted: (2) Taxation.--A voucher issued under the Program or a cash rebate issued under subsection (c)(3) shall not be considered as gross income for purposes of the Internal Revenue Code of 1986.

   Inserted: (i) Definitions.--As used in this section--

   Inserted: (1) the term "automobile" means an automobile or a work truck (as such terms are defined in section 32901(a) of title 49, United States Code);

   Inserted: (2) the term "dealer" means a person licensed by a State who engages in the sale of new or used automobiles to ultimate purchasers;

   Inserted: (3) 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 was manufactured before model year 2005;

   Inserted: (4) the term "person" means an individual, partnership, corporation, business trust, or any organized group of persons;

   Inserted: (5) the term "Program" means the Automobile Voucher Program established under this section;

   Inserted: (6) the term "qualifying lease" means a lease of an automobile for a period of not less than 5 years;

   Inserted: (7) the term "Secretary" means the Secretary of Transportation acting through the National Highway Traffic Safety Administration; and

   Inserted: (8) the term "vehicle identification number" means the 17-character number used by the automobile industry to identify individual automobiles.

   Inserted: SEC. _02. REALLOCATION OF APPROPRIATIONS.

   Inserted: From the amounts appropriated under the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), the Director of the Office of Management and Budget may allocate not more than $4,000,000,000 to carry out the Automobile Voucher Program established under this title.

   Inserted: SEC. _03. EMERGENCY DESIGNATION.

   Inserted: For purposes of Senate enforcement, this title is designated as an emergency requirement and necessary to meet emergency needs pursuant to section 403 of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010.

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