[Congressional Record Volume 155, Number 121 (Wednesday, August 5, 2009)]
[Senate]
[Pages S8873-S8876]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2300. Mr. HARKIN submitted an amendment intended to be proposed by 
him to the bill H.R. 3435, making supplemental appropriations for 
fiscal

[[Page S8874]]

year 2009 for the Consumer Assistance to Recycle and Save Program; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ELIGIBLE INDIVIDUALS.

       (a) In General.--Section 1302(c)(1) of the Supplemental 
     Appropriations Act, 2009 (Public Law 111-32; 123 Stat. 1910; 
     49 U.S.C. 32901 note) is amended by adding at the end the 
     following:
       ``(H) Eligible individuals.--A voucher may only be issued 
     under the Program in connection with the purchase of a new 
     fuel efficient automobile by an individual--
       ``(i) who filed a return of Federal income tax for a 
     taxable year beginning in 2008, and, if married for the 
     taxable year concerned (as determined under section 7703 of 
     the Internal Revenue Code of 1986), filed a joint return;
       ``(ii) who is not an individual with respect to whom a 
     deduction under section 151 of the Internal Revenue Code of 
     1986 is allowable to another taxpayer for a taxable year 
     beginning in the calendar year in which the individual's 
     taxable year begins; and
       ``(iii) whose adjusted gross income reported in the most 
     recent return described in clause (i) was not more than 
     $50,000 ($75,000 in the case of a joint tax return or a 
     return filed by a head of household (as defined in section 
     2(b) of the Internal Revenue Code of 1986)).''.
       (b) Regulations.--Not later than 7 days after the date of 
     the enactment of this Act and notwithstanding the 
     requirements of section 553 of title 5, United States Code, 
     the Secretary of Transportation shall promulgate final 
     regulations that require--
       (1) each purchaser or leaser of a new fuel efficient 
     automobile under the Consumer Assistance to Recycle and Save 
     Program established under section 1302(a) of such Act (Public 
     Law 111-32; 123 Stat. 1909; 49 U.S.C. 32901 note) to affirm 
     on a standard form, determined by the Secretary, that such 
     purchaser or leaser is an individual described by section 
     1302(c)(1)(H) of such Act, as added by subsection (a); and
       (2) each dealer that receives a form described in paragraph 
     (1) under such program to submit such form to the Secretary.
       (c) Fraud Detection.--Upon receipt under paragraph (2) of 
     subsection (b) of a form described in paragraph (1) of such 
     subsection, the Secretary shall submit such form to the 
     Internal Revenue Service to determine whether the purchaser 
     or leaser has violated section 641 of title 18, United States 
     Code.
                                 ______
                                 
  SA 2301. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill H.R. 3435, making supplemental appropriations for 
fiscal year 2009 for the Consumer Assistance to Recycle and Save 
Program; which was ordered to lie on the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. STATUS REPORT AND REIMBURSEMENT OF UNFUNDED 
                   OBLIGATIONS.

       The Consumer Assistance to Recycle and Save Act of 2009 
     (title XIII of Public Law 111-32) is amended--
       (1) in subsection (c)(1)(A), by striking ``November 1, 
     2009'' and inserting ``August 8, 2009'';
       (2) in subsection (g)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) Database.--The Secretary shall maintain, and update 
     each business day, a database that contains--
       ``(A) the vehicle identification numbers of--
       ``(i) all new fuel efficient vehicles purchased or leased 
     under the Program; and
       ``(ii) all eligible trade-in vehicles disposed of under the 
     Program; and
       ``(B) the amount of money--
       ``(i) obligated by the Federal Government for payment of 
     vouchers issued under the Program; and
       ``(ii) remaining to be obligated for such payments from the 
     amount appropriated for such purpose.''; and
       (B) by adding at the end the following:
       ``(3) Supplemental report.--No amounts may be obligated for 
     the Program beyond the amounts appropriated under subsection 
     (j) until after the Secretary submits a report to the 
     committees referred to in paragraph (2) that--
       ``(A) evaluates the fuel efficiency standards of--
       ``(i) the eligible trade-in vehicles traded in under the 
     Program; and
       ``(ii) the new fuel efficient automobiles purchased under 
     the Program; and
       ``(B) details the administration of the Program, including 
     the method used by the Department of Transportation--
       ``(i) to track the amount obligated by the Federal 
     Government for payment of vouchers issued under the Program; 
     and
       ``(ii) to determine the amount of appropriated funds 
     remaining to be obligated under the Program.''; and
       (3) in subsection (j)--
       (A) by striking ``There is hereby appropriated'' and 
     inserting the following:
       ``(3) In general.--There is appropriated''; and
       (B) by adding at the end the following:
       ``(2) Reimbursement of unfunded transactions.--In addition 
     to the amount appropriated under paragraph (1), there is 
     appropriated an amount equal to the amount by which the 
     dollar value of all of the vouchers issued under the Program 
     during the period described in subsection (c)(1)(A) exceeds 
     $1,000,000,000.''.
                                 ______
                                 
  SA 2302. Mr. GREGG submitted an amendment intended to be proposed by 
him to the bill H.R. 3435, making supplemental appropriations for 
fiscal year 2009 for the Consumer Assistance to Recycle and Save 
Program; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. AMENDMENT TO THE 2010 BUDGET RESOLUTION.

       S. Con. Res. 13 (111th Congress) is amended--
       (1) in section 101--
       (A) in paragraph (2), strike the amount for fiscal year 
     2010 and insert ``$2,890,499,000,000'';
       (B) in paragraph (3)--
       (i) strike the amount for fiscal year 2011 and insert 
     ``$2,969,592,000,000''; and
       (ii) strike the amount for fiscal year 2012 and insert 
     ``$2,882,053,000,000''; and
       (2) in section 401(b), by striking paragraph (2) and 
     inserting the following:
       ``(2) for fiscal year 2010, $1,085,285,000,000 in new 
     budget authority and $1,307,200,000,000 in outlays;''.
                                 ______
                                 
  SA 2303. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 3435, making supplemental appropriations for 
fiscal year 2009 for the Consumer Assistance to Recycle and Save 
Program; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. TERMINATION OF TARP.

       Section 120 of the Emergency Economic Stabilization Act of 
     2008 (12 U.S.C. 5230) is amended--
       (1) by striking subsection (b); and
       (2) by striking ``(a) Termination.--''.
                                 ______
                                 
  SA 2304. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 3435, making supplemental appropriations for 
fiscal year 2009 for the Consumer Assistance to Recycle and Save 
Program; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SECTION ___. ASSISTANCE TO CHARITIES AND FAMILIES IN NEED.

       Section 1302 of the Supplemental Appropriations Act, 2009 
     (Public Law 111-32; 123 Stat. 1909; 49 U.S.C. 32901 note) is 
     amended--
       (1) in subsection (a)(2)(B), by inserting ``or for donation 
     to a charity''; and
       (2) in subsection (c)(2)--
       (A) in subparagraph (A), strike ``For each'' and insert 
     ``Except as provided in subparagraph (C), for each'';
       (B) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (C) by inserting after paragraph (B) the following:
       ``(C) Donation to charity.--For each eligible trade-in 
     vehicle surrendered to a dealer under the Program, the dealer 
     may dispose of such vehicle by donating such vehicle to--
       ``(i) an organization that--

       ``(I) is described in section 501(c)(3) of the Internal 
     Revenue Code of 1986 and exempt from tax under section 501(a) 
     of such Code, including educational institutions, health care 
     providers, and housing assistance providers described in such 
     section; and
       ``(II) certifies to the Secretary that the donated vehicle 
     will be used by the organization to further its exempt 
     purpose or function, including to provide transportation of 
     individuals for health care services, education, employment, 
     general use, or other purpose relating to the provision of 
     assistance to those in need, including sales to raise 
     financial support for the organization; or

       ``(ii) a family that does not have sufficient income to 
     afford, but can demonstrate a need for, an automobile.''.
                                 ______
                                 
  SA 2305. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill H.R. 3435, making supplemental appropriations for 
fiscal year 2009 for the Consumer Assistance to Recycle and Save 
Program; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SECTION ___. GOVERNMENT OWNERSHIP EXIT PLAN.

       (a) Government Ownership Exit Plan.--Title I of the 
     Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5201 
     et seq.) is amended by adding at the end the following:

     ``SEC. 137. GOVERNMENT OWNERSHIP EXIT PLAN.

       ``(a) Definition.--In this section, the term `ownership 
     interest' means an interest in a troubled asset described in 
     section 3(9)(B), as in effect on the day before the date of 
     enactment of this section, that was purchased by the 
     Secretary under section 101(a)(1).
       ``(b) Re-Privatization of Private Entities.--
       ``(1) Prohibition on federal government holding ownership 
     interests.--

[[Page S8875]]

       ``(A) In general.--Beginning on the date of enactment of 
     this section, the Federal Government may not acquire, 
     directly or indirectly, any ownership interest.
       ``(B) Divestiture.--Except as provided in paragraph (2), 
     the Secretary shall divest the Federal Government of any 
     ownership interest not later than 1 year after the date of 
     enactment of this section.
       ``(2) Limited authority.--
       ``(A) In general.--Beginning 1 year after the date of 
     enactment of this section, the Secretary may hold an 
     ownership interest with respect to a particular entity for a 
     period of not more than 6 months if, not later than 1 year 
     after the date of enactment of this section, the Secretary 
     submits a report to Congress with respect to that entity 
     stating that--
       ``(i) compliance with paragraph (1)(B) with respect to such 
     entity would have a significant adverse impact on the 
     taxpayers of the United States; and
       ``(ii) there is a reasonable expectation that a waiver of 
     paragraph (1)(B) would allow the Secretary to recover the 
     cost to the Federal Government of acquiring such ownership 
     interest.
       ``(B) Single renewal.--The Secretary may renew an extension 
     under subparagraph (A) for a single period of not more than 6 
     months, if the Secretary submits to Congress a report stating 
     that the conditions described in clauses (i) and (ii) of 
     subparagraph (A) still exist with respect to the subject 
     ownership interest.
       ``(c) Deposit of Funds Into Treasury.--On and after the 
     date of enactment of this section, all repayments of 
     obligations arising under this Act, and all proceeds from the 
     sale of assets acquired by the Federal Government under this 
     Act, shall be paid into the general fund of the Treasury for 
     reduction of the public debt, in accordance with section 
     106(d).
       ``(d) Reports Required.--
       ``(1) Report on federal government ownership.--
       ``(A) Reports required.--The Secretary shall make (and 
     shall publicly disclose) periodic reports detailing any 
     ownership interest held by the Federal Government, including 
     any loan or loan guarantee made by the Board.
       ``(B) Timing of reports.--The Secretary shall submit the 
     reports under subparagraph (A)--
       ``(i) not later than 3 months after the date of enactment 
     of this section; and
       ``(ii) each quarter of the fiscal year thereafter.
       ``(2) Reports on winding down or divestment.--
       ``(A) Reports required.--The Secretary shall submit to 
     Congress periodic reports on the plans of the Secretary for 
     compliance with this section, including any plans to wind 
     down or divest an ownership interest.
       ``(B) Timing of reports.--The Secretary shall submit the 
     reports under subparagraph (A)--
       ``(i) not later than 6 months after the date of enactment 
     of this section; and
       ``(ii) each month thereafter until all ownership interests 
     are divested under subsection (b)(1)(B).
       ``(e) Plan for Government Sponsored Enterprises.--Not later 
     than 90 days after the date of enactment of this section, the 
     Secretary shall submit to Congress a report describing a plan 
     of the Secretary--
       ``(1) to end the conservatorship by the Federal Government 
     of the Federal National Mortgage Association and the Federal 
     Home Loan Mortgage Corporation; and
       ``(2) to eliminate any form of direct ownership by the 
     Federal Government of the Federal National Mortgage 
     Association and the Federal Home Loan Mortgage Corporation.
       ``(f) Federal Deposit Insurance Corporation.--Nothing in 
     this section may be construed to impede the ability of the 
     Corporation to maintain the stability of the banking system.

     ``SEC. 138. INFLUENCE OF MANAGEMENT DECISIONS.

       ``(a) Definitions.--For purposes of this section--
       ``(1) the term `covered person' means any person who is an 
     officer or employee (including a special Government employee 
     (as defined in section 202(a) of title 18, United States 
     Code)) of the executive branch of the United States 
     (including any independent agency of the United States); and
       ``(2) the term `significant management decision' includes 
     the appointment of senior executives or board members, 
     business strategies relating to production and manufacturing, 
     plant closings, the relocation of the headquarters of an 
     entity, the modification of labor contracts, and other 
     financial decisions.
       ``(b) Influence Prohibited.--
       ``(1) In general.--It shall be unlawful for any covered 
     person to knowingly make, with the intent to influence, a 
     communication regarding a significant management decision of 
     a recipient of assistance under this title to any officer or 
     employee of the recipient.
       ``(2) Criminal penalty.--Any covered person who violates 
     paragraph (1) shall be fined under title 18, United States 
     Code, imprisoned for not more than 1 year, or both.
       ``(c) Civil Actions.--
       ``(1) In general.--The Attorney General of the United 
     States may bring a civil action in an appropriate United 
     States district court against any covered person to enforce 
     subsection (b).
       ``(2) Civil penalty.--Any covered person who, upon proof by 
     a preponderance of the evidence, violates subsection (b) 
     shall be subject to a civil penalty of not more than $50,000 
     for each violation. The imposition of a civil penalty under 
     this paragraph shall not preclude any other criminal or civil 
     statutory, common law, or administrative remedy, which is 
     available by law to the United States or any other person.
       ``(3) Orders.--If the Attorney General of the United States 
     has reason to believe that a covered person is engaging in 
     conduct that violates subsection (b), the Attorney General 
     may petition an appropriate United States district court for 
     an order prohibiting the covered person from engaging in the 
     conduct. The court may issue an order prohibiting the covered 
     person from engaging in the conduct if the court finds that 
     the conduct constitutes a violation of subsection (b). The 
     filing of a petition under this paragraph shall not preclude 
     any other remedy which is available by law to the United 
     States or any other person.''.
       (b) Conforming Amendments.--
       (1) Definitions.--Section 3(9) of the Emergency Economic 
     Stabilization Act of 2008 (12 U.S.C. 5202(9)) is amended--
       (A) in subparagraph (A), by striking ``; and'' at the end 
     and inserting a period;
       (B) by striking ``means--'' and all that follows through 
     ``residential'' in subparagraph (A) and inserting ``means 
     residential''; and
       (C) by striking subparagraph (B).
       (2) Oversight by financial stability oversight board.--
     Section 104(a) of the Emergency Economic Stabilization Act of 
     2008 (12 U.S.C. 5214(a)) is amended--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3), by striking the semicolon at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(4) reviewing the implementation of sections 137 and 
     138.''.
       (3) Deposit of funds.--
       (A) Authority to purchase.--Section 115(a)(3) of the 
     Emergency Economic Stabilization Act of 2008 (12 U.S.C. 
     5225(a)(3)) is amended by striking ``outstanding at any one 
     time''.
       (B) Conforming amendment.--Section 106(d) of the Emergency 
     Economic Stabilization Act of 2008 (12 U.S.C. 5216(d)) is 
     amended by inserting ``, and repayments of obligations 
     arising under this Act,'' after ``section 113''.
                                 ______
                                 
  SA 2306. Mr. ISAKSON submitted an amendment intended to be proposed 
by him to the bill H.R. 3435, making supplemental appropriations for 
fiscal year 2009 for the Consumer Assistance to Recycle and Save 
Program; which was ordered to lie on the table; as follows:

       On page 3, after line 11, insert the following:
       Effective on the date of the enactment of this Act--
       (1) In general.--Subpart A of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     inserting after section 25D the following new section:

     ``SEC. 25E. CREDIT FOR CERTAIN HOME PURCHASES.

       ``(a) Allowance of Credit.--
       ``(1) In general.--In the case of an individual who is a 
     purchaser of a principal residence during the taxable year, 
     there shall be allowed as a credit against the tax imposed by 
     this chapter an amount equal to 10 percent of the purchase 
     price of the residence.
       ``(2) Dollar limitation.--The amount of the credit allowed 
     under paragraph (1) shall not exceed $15,000.
       ``(3) Allocation of credit amount.--At the election of the 
     taxpayer, the amount of the credit allowed under paragraph 
     (1) (after application of paragraph (2)) may be equally 
     divided among the 2 taxable years beginning with the taxable 
     year in which the purchase of the principal residence is 
     made.
       ``(b) Limitations.--
       ``(1) Date of purchase.--The credit allowed under 
     subsection (a) shall be allowed only with respect to 
     purchases made--
       ``(A) after the date of the enactment of the Act entitled 
     `Making supplemental appropriations for fiscal year 2009 for 
     the Consumer Assistance to Recycle and Save Program.', and
       ``(B) on or before the date that is 1 year after such date 
     of enactment.
       ``(2) Limitation based on amount of tax.--In the case of a 
     taxable year to which section 26(a)(2) does not apply, the 
     credit allowed under subsection (a) for any taxable year 
     shall not exceed the excess of--
       ``(A) the sum of the regular tax liability (as defined in 
     section 26(b)) plus the tax imposed by section 55, over
       ``(B) the sum of the credits allowable under this subpart 
     (other than this section) for the taxable year.
       ``(3) One-time only.--
       ``(A) In general.--If a credit is allowed under this 
     section in the case of any individual (and such individual's 
     spouse, if married) with respect to the purchase of any 
     principal residence, no credit shall be allowed under this 
     section in any taxable year with respect to the purchase of 
     any other principal residence by such individual or a spouse 
     of such individual.
       ``(B) Joint purchase.--In the case of a purchase of a 
     principal residence by 2 or more unmarried individuals or by 
     2 married individuals filing separately, no credit shall

[[Page S8876]]

     be allowed under this section if a credit under this section 
     has been allowed to any of such individuals in any taxable 
     year with respect to the purchase of any other principal 
     residence.
       ``(c) Principal Residence.--For purposes of this section, 
     the term `principal residence' has the same meaning as when 
     used in section 121.
       ``(d) Denial of Double Benefit.--No credit shall be allowed 
     under this section for any purchase for which a credit is 
     allowed under section 36 or section 1400C.
       ``(e) Special Rules.--
       ``(1) Joint purchase.--
       ``(A) Married individuals filing separately.--In the case 
     of 2 married individuals filing separately, subsection (a) 
     shall be applied to each such individual by substituting 
     `$7,500' for `$15,000' in subsection (a)(1).
       ``(B) Unmarried individuals.--If 2 or more individuals who 
     are not married purchase a principal residence, the amount of 
     the credit allowed under subsection (a) shall be allocated 
     among such individuals in such manner as the Secretary may 
     prescribe, except that the total amount of the credits 
     allowed to all such individuals shall not exceed $15,000.
       ``(2) Purchase.--In defining the purchase of a principal 
     residence, rules similar to the rules of paragraphs (2) and 
     (3) of section 1400C(e) (as in effect on the date of the 
     enactment of this section) shall apply.
       ``(3) Reporting requirement.--Rules similar to the rules of 
     section 1400C(f) (as so in effect) shall apply.
       ``(f) Recapture of Credit in the Case of Certain 
     Dispositions.--
       ``(1) In general.--In the event that a taxpayer--
       ``(A) disposes of the principal residence with respect to 
     which a credit was allowed under subsection (a), or
       ``(B) fails to occupy such residence as the taxpayer's 
     principal residence,

       at any time within 24 months after the date on which the 
     taxpayer purchased such residence, then the tax imposed by 
     this chapter for the taxable year during which such 
     disposition occurred or in which the taxpayer failed to 
     occupy the residence as a principal residence shall be 
     increased by the amount of such credit.
       ``(2) Exceptions.--
       ``(A) Death of taxpayer.--Paragraph (1) shall not apply to 
     any taxable year ending after the date of the taxpayer's 
     death.
       ``(B) Involuntary conversion.--Paragraph (1) shall not 
     apply in the case of a residence which is compulsorily or 
     involuntarily converted (within the meaning of section 
     1033(a)) if the taxpayer acquires a new principal residence 
     within the 2-year period beginning on the date of the 
     disposition or cessation referred to in such paragraph. 
     Paragraph (1) shall apply to such new principal residence 
     during the remainder of the 24-month period described in such 
     paragraph as if such new principal residence were the 
     converted residence.
       ``(C) Transfers between spouses or incident to divorce.--In 
     the case of a transfer of a residence to which section 
     1041(a) applies--
       ``(i) paragraph (1) shall not apply to such transfer, and
       ``(ii) in the case of taxable years ending after such 
     transfer, paragraph (1) shall apply to the transferee in the 
     same manner as if such transferee were the transferor (and 
     shall not apply to the transferor).
       ``(D) Relocation of members of the armed forces.--Paragraph 
     (1) shall not apply in the case of a member of the Armed 
     Forces of the United States on active duty who moves pursuant 
     to a military order and incident to a permanent change of 
     station.
       ``(3) Joint returns.--In the case of a credit allowed under 
     subsection (a) with respect to a joint return, half of such 
     credit shall be treated as having been allowed to each 
     individual filing such return for purposes of this 
     subsection.
       ``(4) Return requirement.--If the tax imposed by this 
     chapter for the taxable year is increased under this 
     subsection, the taxpayer shall, notwithstanding section 6012, 
     be required to file a return with respect to the taxes 
     imposed under this subtitle.
       ``(g) Basis Adjustment.--For purposes of this subtitle, if 
     a credit is allowed under this section with respect to the 
     purchase of any residence, the basis of such residence shall 
     be reduced by the amount of the credit so allowed.
       ``(h) Election to Treat Purchase in Prior Year.--In the 
     case of a purchase of a principal residence after December 
     31, 2009, and on or before the date described in subsection 
     (b)(1)(B), a taxpayer may elect to treat such purchase as 
     made on December 31, 2009, for purposes of this section.''.
       (2) Conforming amendments.--
       (A) Section 24(b)(3)(B) of the Internal Revenue Code of 
     1986 is amended by striking ``and 25B'' and inserting ``, 
     25B, and 25E''.
       (B) Section 25(e)(1)(C)(ii) of such Code is amended by 
     inserting ``25E,'' after ``25D,''.
       (C) Section 25B(g)(2) of such Code is amended by striking 
     ``section 23'' and inserting ``sections 23 and 25E''.
       (D) Section 904(i) of such Code is amended by striking 
     ``and 25B'' and inserting ``25B, and 25E''.
       (E) Section 1016(a) of such Code is amended by striking 
     ``and'' at the end of paragraph (36), by striking the period 
     at the end of paragraph (37) and inserting ``, and'', and by 
     adding at the end the following new paragraph:
       ``(38) to the extent provided in section 25E(g).''.
       (3) Clerical amendment.--The table of sections for subpart 
     A of part IV of subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986 is amended by inserting after the item 
     relating to section 25D the following new item:

``Sec. 25E. Credit for certain home purchases.''.

       (4) Sunset of current first-time homebuyer credit.--
       (A) In general.--Subsection (h) of section 36 of the 
     Internal Revenue Code of 1986 is amended by striking ``before 
     December 1, 2009'' and inserting ``on or before the date of 
     the enactment of the Act entitled `Making supplemental 
     appropriations for fiscal year 2009 for the Consumer 
     Assistance to Recycle and Save Program.' ''.
       (B) Election to treat purchase in prior year.--Subsection 
     (g) of section 36 of the Internal Revenue Code of 1986 is 
     amended by striking ``before December 1, 2009'' and inserting 
     ``on or before the date of the enactment of the Act entitled 
     `Making supplemental appropriations for fiscal year 2009 for 
     the Consumer Assistance to Recycle and Save Program.' ''.
       (5) Effective date.--The amendments made by paragraphs (1) 
     through (4) shall apply to purchases after the date of the 
     enactment of this Act.
       (6) Transfers to the general fund.--From time to time, the 
     Secretary of the Treasury shall transfer to the general fund 
     of the Treasury an amount equal to the reduction in revenues 
     to the Treasury resulting from the amendments made by 
     paragraphs (1) through (4) of this subsection. 
     Notwithstanding section 5 of the American Recovery and 
     Reinvestment Act of 2009 (Pub. Law 111-5), such amounts shall 
     be transferred from the amounts appropriated or made 
     available and remaining unobligated under such Act.

                          ____________________