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May 19, 2009, 12:00 am ET - Amendment SA 1130 proposed by Senator Dodd to Amendment SA 1058.
May 19, 2009, 12:00 am ET - Amendment SA 1130 agreed to in Senate by Unanimous Consent.

Full Text of this Amendment

SA 1130. Mr. DODD proposed an amendment to amendment SA 1058 proposed by Mr. Dodd (for himself and Mr. Shelby) to the bill H.R. 627, to amend the Truth in Lending Act to establish fair and transparent practices relating to the extension of credit under an open end consumer credit plan, and for other purposes; as follows:

On page 3, beginning on line 17, strike ``(other than'' and all that follows through ``indexed)'' on line 21 and insert the following: ``(except in the case of an increase described in paragraph (1), (2), or (3) of section 171(b))''.
On page 6, strike lines 9 through 12 and insert the following:
(2) an increase in a variable annual percentage rate in accordance with a credit card agreement that provides for changes in the rate according to operation of an index that is not under the control of the creditor and is available to the general public;
On page 6, line 13, insert ``the completion of a workout or temporary hardship arrangement by the obligor or'' after ``due to''.
On page 6, line 15, strike ``provided that the'' and insert the following: ``provided that--
``(A) the''.
On page 6, line 20, strike ``; or'' and insert the following: ``; and
(B) the creditor has provided the obligor, prior to the commencement of such arrangement, with clear and conspicuous disclosure of the terms of the arrangement (including any increases due to such completion or failure); or
On page 7, line 7, insert ``on time'' after ``payments''.
On page 7, line 12, insert ``on time'' after ``payments''.
On page 10, line 13, strike ``or (2)'' and insert ``, (2), (3), or (4)''.
On page 12, line 15, strike ``limit-fee'' and insert ``limit fee''.
On page 14, between lines 12 and 13, insert the following:
(7) RESTRICTION ON FEES CHARGED FOR AN OVER-THE-LIMIT TRANSACTION.--With respect to a credit card account under an open end consumer credit plan, an over-the-limit fee may be imposed only once during a billing cycle if the credit limit on the account is exceeded, and an over-the-limit fee, with respect to such excess credit, may be imposed only once in each of the 2 subsequent billing cycles, unless the consumer has obtained an additional extension of credit in excess of such credit limit
during any such subsequent cycle or the consumer reduces the outstanding balance below the credit limit as of the end of such billing cycle.
On page 15, line 10, strike ``over the limit'' and insert ``over-the-limit''.
On page 27, strike line 3 and all that follows through page 30, line 12 and insert the following:
(c) Guidelines Required.--
(1) IN GENERAL.--Not later than 6 months after the date of enactment of this Act, the Board shall issue guidelines, by rule, in consultation with the Secretary of the Treasury, for the establishment and maintenance by creditors of a toll-free telephone number for purposes of providing information about accessing credit counseling and debt management services, as required under section 127(b)(11)(B)(iv) of the Truth in Lending Act, as added by this section.
(2) APPROVED AGENCIES.--Guidelines issued under this subsection shall ensure that referrals provided by the toll-free number referred to in paragraph (1) include only those nonprofit budget and credit counseling agencies approved by a United States bankruptcy trustee pursuant to section 111(a) of title 11, United States Code.
At the end of title I, add the following:
SEC. 109. CONSIDERATION OF ABILITY TO REPAY.
(a) In General.--Chapter 3 of the Truth in Lending Act (15 U.S.C. 1666 et seq.), as amended by this title, is amended by adding at the end the following:
``SEC. 150. CONSIDERATION OF ABILITY TO REPAY.
``A card issuer may not open any credit card account for any consumer under an open end consumer credit plan, or increase any credit limit applicable to such account, unless the card issuer considers the ability of the consumer to make the required payments under the terms of such account.''.
(b) Clerical Amendment.--Chapter 3 of the Truth in Lending Act (15 U.S.C. 1661 et seq.) is amended in the table of sections for the chapter, by adding at the end the following:

``150. Consideration of ability to repay.''.

At the end of title II, add the following:
SEC. 205. PREVENTION OF DECEPTIVE MARKETING OF CREDIT REPORTS.
(a) Preventing Deceptive Marketing.--Section 612 of the Fair Credit Reporting Act (15 U.S.C. 1681j) is amended by adding at the end the following:
``(g) Prevention of Deceptive Marketing of Credit Reports.--
``(1) IN GENERAL.--Subject to rulemaking pursuant to section 205(b) of the Credit CARD Act of 2009, any advertisement for a free credit report in any medium shall prominently disclose in such advertisement that free credit reports are available under Federal law at: `AnnualCreditReport.com' (or such other source as may be authorized under Federal law).
``(2) TELEVISION AND RADIO ADVERTISEMENT.--In the case of an advertisement broadcast by television, the disclosures required under paragraph (1) shall be included in the audio and visual part of such advertisement. In the case of an advertisement broadcast by television or radio, the disclosure required under paragraph (1) shall consist only of the following: `This is not the free credit report provided for by federal law.' ''.
(b) Rulemaking.--
(1) IN GENERAL.--Not later than 9 months after the date of enactment of this Act, the Federal Trade Commission shall issue a final rule to carry out this section.
(2) CONTENT.--The rule required by this subsection--
(A) shall include specific wording to be used in advertisements in accordance with this section; and
(B) for advertisements on the Internet, shall include whether the disclosure required under section 612(g)(1) of the Fair Credit Reporting Act (as added by this section) shall appear on the advertisement or the website on which the free credit report is made available.
(3) INTERIM DISCLOSURES.--If an advertisement subject to section 612(g) of the Fair Credit Reporting Act, as added by this section, is made public after the 9-month deadline specified in paragraph (1), but before the rule required by paragraph (1) is finalized, such advertisement shall include the disclosure: ``Free credit reports are available under Federal law at: `AnnualCreditReport.com'.''.
At the end of title III, add the following:
SEC. 304. PRIVACY PROTECTIONS FOR COLLEGE STUDENTS.
Section 140 of the Truth in Lending Act (15 U.S.C. 1650) is amended by adding at the end the following:
``(f) Credit Card Protections for College Students.--
``(1) DISCLOSURE REQUIRED.--An institution of higher education shall publicly disclose any contract or other agreement made with a card issuer or creditor for the purpose of marketing a credit card.
``(2) INDUCEMENTS PROHIBITED.--No card issuer or creditor may offer to a student at an institution of higher education any tangible item to induce such student to apply for or participate in an open end consumer credit plan offered by such card issuer or creditor, if such offer is made--
``(A) on the campus of an institution of higher education;
``(B) near the campus of an institution of higher education, as determined by rule of the Board; or
``(C) at an event sponsored by or related to an institution of higher education.
``(3) SENSE OF THE CONGRESS.--It is the sense of the Congress that each institution of higher education should consider adopting the following policies relating to credit cards:
``(A) That any card issuer that markets a credit card on the campus of such institution notify the institution of the location at which such marketing will take place.
``(B) That the number of locations on the campus of such institution at which the marketing of credit cards takes place be limited.
``(C) That credit card and debt education and counseling sessions be offered as a regular part of any orientation program for new students of such institution.''.
SEC. 305. COLLEGE CREDIT CARD AGREEMENTS.
(a) In General.--Section 127 of the Truth in Lending Act (15 U.S.C. 1637), as otherwise amended by this Act, is amended by adding at the end the following:
``(r) College Card Agreements.--
``(1) DEFINITIONS.--For purposes of this subsection, the following definitions shall apply:
``(A) COLLEGE AFFINITY CARD.--The term `college affinity card' means a credit card issued by a credit card issuer under an open end consumer credit plan in conjunction with an agreement between the issuer and an institution of higher education, or an alumni organization or foundation affiliated with or related to such institution, under which such cards are issued to college students who have an affinity with such institution, organization and--
``(i) the creditor has agreed to donate a portion of the proceeds of the credit card to the institution, organization, or foundation (including a lump sum or 1-time payment of money for access);
``(ii) the creditor has agreed to offer discounted terms to the consumer; or
``(iii) the credit card bears the name, emblem, mascot, or logo of such institution, organization, or foundation, or other words, pictures, or symbols readily identified with such institution, organization, or foundation.
``(B) COLLEGE STUDENT CREDIT CARD ACCOUNT.--The term `college student credit card account' means a credit card account under an open end consumer credit plan established or maintained for or on behalf of any college student.
``(C) COLLEGE STUDENT.--The term `college student' means an individual who is a full-time or a part-time student attending an institution of higher education.
``(D) INSTITUTION OF HIGHER EDUCATION.--The term `institution of higher education' has the same meaning as in section 101 and 102 of the Higher Education Act of 1965 (20 U.S.C. 1001 and 1002).
``(2) REPORTS BY CREDITORS.--
``(A) IN GENERAL.--Each creditor shall submit an annual report to the Board containing the terms and conditions of all business, marketing, and promotional agreements and college affinity card agreements with an institution of higher education, or an alumni organization or foundation affiliated with or related to such institution, with respect to any college student credit card issued to a college student at such institution.
``(B) DETAILS OF REPORT.--The information required to be reported under subparagraph (A) includes--
``(i) any memorandum of understanding between or among a creditor, an institution of higher education, an alumni association, or foundation that directly or indirectly relates to any aspect of any agreement referred to in such subparagraph or controls or directs any obligations or distribution of benefits between or among any such entities;
``(ii) the amount of any payments from the creditor to the institution, organization, or foundation during the period covered by the report, and the precise terms of any agreement under which such amounts are determined; and
``(iii) the number of credit card accounts covered by any such agreement that were opened during the period covered by the report, and the total number of credit card accounts covered by the agreement that were outstanding at the end of such period.
``(C) AGGREGATION BY INSTITUTION.--The information required to be reported under subparagraph (A) shall be aggregated with respect to each institution of higher education or alumni organization or foundation affiliated with or related to such institution.
``(D) INITIAL REPORT.--The initial report required under subparagraph (A) shall be submitted to the Board before the end of the 9-month period beginning on the date of enactment of this subsection.
``(3) REPORTS BY BOARD.--The Board shall submit to the Congress, and make available to the public, an annual report that lists the information concerning credit card agreements submitted to the Board under paragraph (2) by each institution of higher education, alumni organization, or foundation.''.
(b) Study and Report by the Comptroller General.--
(1) STUDY.--The Comptroller General of the United States shall, from time to time, review the reports submitted by creditors under section 127(r) of the Truth in Lending Act, as added by this section, and the marketing practices of creditors to determine the impact that college affinity card agreements and college student card agreements have on credit card debt.
(2) REPORT.--Upon completion of any study under paragraph (1), the Comptroller General shall periodically submit a report to the Congress on the findings and conclusions of the study, together with such recommendations for administrative or legislative action as the Comptroller General determines to be appropriate.
On page 40, line 6, strike ``or'' at the end.
On page 40, line 8, strike the period and insert the following: ``; or
(vi) redeemable solely for admission to events or venues at a particular location or group of affiliated locations, which may also include services or goods obtainable--
(I) at the event or venue after admission; or
(II) in conjunction with admission to such events or venues, at specific locations affiliated with and in geographic proximity to the event or venue.
On page 42, line 5, insert ``or vendor'' after ``issuer''.
On page 43, strike lines 9 through 11 and insert the following:
(B) the terms of expiration are clearly and conspicuously stated.
On page 43, line 13, strike ``shall prescribe'' and insert the following: ``shall--
``(A) prescribe''.
On page 43, line 19, strike ``of gift'' and insert ``of a gift''.
On page 43, beginning on line 21, strike ``assessed.'' and insert the following: ``assessed; and
``(B) shall determine the extent to which the individual definitions and provisions of the Electronic Fund Transfer Act or Regulation E should apply to general-use prepaid cards, gift certificates, and store gift cards.''.
On page 46, strike line 16 and all that follows through page 48, line 6, and insert the following:
SEC. 502. BOARD REVIEW OF CONSUMER CREDIT PLANS AND REGULATIONS.
(a) Required Review.--Not later than 2 years after the effective date of this Act and every 2 years thereafter, except as provided in subsection (c)(2), the Board shall conduct a review, within the limits of its existing resources available for reporting purposes, of the consumer credit card market, including--
(1) the terms of credit card agreements and the practices of credit card issuers;
(2) the effectiveness of disclosure of terms, fees, and other expenses of credit card plans;
(3) the adequacy of protections against unfair or deceptive acts or practices relating to credit card plans; and
(4) whether or not, and to what extent, the implementation of this Act and the amendments made by this Act has affected--
(A) cost and availability of credit, particularly with respect to non-prime borrowers;
(B) the safety and soundness of credit card issuers;
(C) the use of risk-based pricing; or
(D) credit card product innovation.
(b) Solicitation of Public Comment.--In connection with conducting the review required by subsection (a), the Board shall solicit comment from consumers, credit card issuers, and other interested parties, such as through hearings or written comments.
(c) Regulations.--
(1) NOTICE.--Following the review required by subsection (a), the Board shall publish a notice in the Federal Register that--
(A) summarizes the review, the comments received from the public solicitation, and other evidence gathered by the Board, such as through consumer testing or other research; and
(B) either--
(i) proposes new or revised regulations or interpretations to update or revise disclosures and protections for consumer credit cards, as appropriate; or
(ii) states the reason for the determination of the Board that new or revised regulations are not necessary.
(2) REVISION OF REVIEW PERIOD FOLLOWING MATERIAL REVISION OF REGULATIONS.--In the event that the Board materially revises regulations on consumer credit card plans, a review need not be conducted until 2 years after the effective date of the revised regulations, which thereafter shall be treated as the new date for the biennial review required by subsection (a).
(d) Board Report to the Congress.--The Board shall report to Congress not less frequently than every 2 years, except as provided in subsection (c)(2), on the status of its most recent review, its efforts to address any issues identified from the review, and any recommendations for legislation.
(e) Additional Reporting.--The Federal banking agencies (as that term is defined in section 3 of the Federal Deposit Insurance Act) and the Federal Trade Commission shall provide annually to the Board, and the Board shall include in its annual report to Congress under section 10 of the Federal Reserve Act, information about the supervisory and enforcement activities of the agencies with respect to compliance by credit card issuers with applicable Federal consumer protection statutes
and regulations, including--
(1) this Act, the amendments made by this Act, and regulations prescribed under this Act and such amendments; and
(2) section 5 of the Federal Trade Commission Act, and regulations prescribed under the Federal Trade Commission Act, including part 227 of title 12 of the Code of Federal Regulations, as prescribed by the Board (referred to as ``Regulation AA'').
At the end of title V, add the following:
SEC. 503. STORED VALUE.
(a) In General.--Not later than 270 days after the date of enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of Homeland Security, shall issue regulations in final form implementing the Bank Secrecy Act, regarding the sale, issuance, redemption, or international transport of stored value, including stored value cards.
(b) Consideration of International Transport.--Regulations under this section regarding international transport of stored value may include reporting requirements pursuant to section 5316 of title 31, United States Code.
(c) Emerging Methods for Transmittal and Storage in Electronic Form.--Regulations under this section shall take into consideration current and future needs and methodologies for transmitting and storing value in electronic form.
SEC. 504. PROCEDURE FOR TIMELY SETTLEMENT OF ESTATES OF DECEDENT OBLIGORS.
(a) In General.--Chapter 2 of the Truth in Lending Act ( U.S.C. 1631 et seq.) is amended by adding at the end the following new section:``§140A Procedure for timely settlement of estates of decedent obligors

``The Board, in consultation with the Federal Trade Commission and each other agency referred to in section 108(a), shall prescribe regulations to require any creditor, with respect to any credit card account under an open end consumer credit plan, to establish procedures to ensure that any administrator of an estate of any deceased obligor with respect to such account can resolve outstanding credit balances in a timely manner.''.

(b) Clerical Amendment.--The table of sections for chapter 2 of the Truth in Lending Act is amended by inserting after the item relating to section 140 the following new item:
``140A. Procedure for timely settlement of estates of decedent obligors'.''.
SEC. 505. REPORT TO CONGRESS ON REDUCTIONS OF CONSUMER CREDIT CARD LIMITS BASED ON CERTAIN INFORMATION AS TO EXPERIENCE OR TRANSACTIONS OF THE CONSUMER.
(a) Report on Creditor Practices Required.--Before the end of the 1-year period beginning on the date of enactment of this Act, the Board, in consultation with the Comptroller of the Currency, the Director of the Office of Thrift Supervision, the Federal Deposit Insurance Corporation, the National Credit Union Administration Board, and the Federal Trade Commission, shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate on the extent to which, during the 3-year period ending on such date of enactment, creditors have reduced credit limits or raised interest rates applicable to credit card accounts under open end consumer credit plans based on--
(1) the geographic location where a credit transaction with the consumer took place, or the identity of the merchant involved in the transaction;
(2) the credit transactions of the consumer, including the type of credit transaction, the type of items purchased in such transaction, the price of items purchased in such transaction, any change in the type or price of items purchased in such transactions, and other data pertaining to the use of such credit card account by the consumer; and
(3) the identity of the mortgage creditor which extended or holds the mortgage loan secured by the primary residence of the consumer.
(b) Other Information.--The report required under subsection (a) shall also include--
(1) the number of creditors that have engaged in the practices described in subsection (a);
(2) the extent to which the practices described in subsection (a) have an adverse impact on minority or low-income consumers;
(3) any other relevant information regarding such practices; and
(4) recommendations to the Congress on any regulatory or statutory changes that may be needed to restrict or prevent such practices.
SEC. 506. BOARD REVIEW OF SMALL BUSINESS CREDIT PLANS AND RECOMMENDATIONS.
(a) Required Review.--Not later than 9 months after the date of enactment of this Act, the Board shall conduct a review of the use of credit cards by businesses with not more than 50 employees (in this section referred to as ``small businesses'') and the credit card market for small businesses, including--
(1) the terms of credit card agreements for small businesses and the practices of credit card issuers relating to small businesses;
(2) the adequacy of disclosures of terms, fees, and other expenses of credit card plans for small businesses;
(3) the adequacy of protections against unfair or deceptive acts or practices relating to credit card plans for small businesses;
(4) the cost and availability of credit for small businesses, particularly with respect to non-prime borrowers;
(5) the use of risk-based pricing for small businesses;
(6) credit card product innovation relating to small businesses; and
(7) the extent to which small business owners use personal credit cards to fund their business operations.
(b) Recommendations.--Following the review required by subsection (a), the Board shall, not later than 12 months after the date of enactment of this Act--
(1) provide a report to Congress that summarizes the review and other evidence gathered by the Board, such as through consumer testing or other research, and
(2) make recommendations for administrative or legislative initiatives to provide protections for credit card plans for small businesses, as appropriate.
SEC. 507. SMALL BUSINESS INFORMATION SECURITY TASK FORCE.
(a) Definitions.--In this section--
(1) the terms ``Administration'' and ``Administrator'' mean the Small Business Administration and the Administrator thereof, respectively;
(2) the term ``small business concern'' has the same meaning as in section 3 of the Small Business Act (15 U.S.C. 632); and
(3) the term ``task force'' means the task force established under subsection (b).
(b) Establishment.--The Administrator shall, in conjunction with the Secretary of Homeland Security, establish a task force, to be known as the ``Small Business Information Security Task Force'', to address the information technology security needs of small business concerns and to help small business concerns prevent the loss of credit card data.
(c) Duties.--The task force shall--
(1) identify--
(A) the information technology security needs of small business concerns; and
(B) the programs and services provided by the Federal Government, State Governments, and nongovernment organizations that serve those needs;
(2) assess the extent to which the programs and services identified under paragraph (1)(B) serve the needs identified under paragraph (1)(A);
(3) make recommendations to the Administrator on how to more effectively serve the needs identified under paragraph (1)(A) through--
(A) programs and services identified under paragraph (1)(B); and
(B) new programs and services promoted by the task force;
(4) make recommendations on how the Administrator may promote--
(A) new programs and services that the task force recommends under paragraph (3)(B); and
(B) programs and services identified under paragraph (1)(B);
(5) make recommendations on how the Administrator may inform and educate with respect to--
(A) the needs identified under paragraph (1)(A);
(B) new programs and services that the task force recommends under paragraph (3)(B); and
(C) programs and services identified under paragraph (1)(B);
(6) make recommendations on how the Administrator may more effectively work with public and private interests to address the information technology security needs of small business concerns; and
(7) make recommendations on the creation of a permanent advisory board that would make recommendations to the Administrator on how to address the information technology security needs of small business concerns.
(d) Internet Website Recommendations.--The task force shall make recommendations to the Administrator relating to the establishment of an Internet website to be used by the Administration to receive and dispense information and resources with respect to the needs identified under subsection (c)(1)(A) and the programs and services identified under subsection (c)(1)(B). As part of the recommendations, the task force shall identify the Internet sites of appropriate programs, services,
and organizations, both public and private, to which the Internet website should link.
(e) Education Programs.--The task force shall make recommendations to the Administrator relating to developing additional education materials and programs with respect to the needs identified under subsection (c)(1)(A).
(f) Existing Materials.--The task force shall organize and distribute existing materials that inform and educate with respect to the needs identified under subsection (c)(1)(A) and the programs and services identified under subsection (c)(1)(B).
(g) Coordination With Public and Private Sector.--In carrying out its responsibilities under this section, the task force shall coordinate with, and may accept materials and assistance as it determines appropriate from, public and private entities, including--
(1) any subordinate officer of the Administrator;
(2) any organization authorized by the Small Business Act to provide assistance and advice to small business concerns;
(3) other Federal agencies, their officers, or employees; and
(4) any other organization, entity, or person not described in paragraph (1), (2), or (3).
(h) Appointment of Members.--
(1) CHAIRPERSON AND VICE-CHAIRPERSON.--The task force shall have--
(A) a Chairperson, appointed by the Administrator; and
(B) a Vice-Chairperson, appointed by the Administrator, in consultation with appropriate nongovernmental organizations, entities, or persons.
(2) MEMBERS.--
(A) CHAIRPERSON AND VICE-CHAIRPERSON.--The Chairperson and the Vice-Chairperson shall serve as members of the task force.
(B) ADDITIONAL MEMBERS.--
(i) IN GENERAL.--The task force shall have additional members, each of whom shall be appointed by the Chairperson, with the approval of the Administrator.
(ii) NUMBER OF MEMBERS.--The number of additional members shall be determined by the Chairperson, in consultation with the Administrator, except that--
(I) the additional members shall include, for each of the groups specified in paragraph (3), at least 1 member appointed from within that group; and
(II) the number of additional members shall not exceed 13.
(3) GROUPS REPRESENTED.--The groups specified in this paragraph are--
(A) subject matter experts;
(B) users of information technologies within small business concerns;
(C) vendors of information technologies to small business concerns;
(D) academics with expertise in the use of information technologies to support business;
(E) small business trade associations;
(F) Federal, State, or local agencies, including the Department of Homeland Security, engaged in securing cyberspace; and
(G) information technology training providers with expertise in the use of information technologies to support business.
(4) POLITICAL AFFILIATION.--The appointments under this subsection shall be made without regard to political affiliation.
(i) Meetings.--
(1) FREQUENCY.--The task force shall meet at least 2 times per year, and more frequently if necessary to perform its duties.
(2) QUORUM.--A majority of the members of the task force shall constitute a quorum.
(3) LOCATION.--The Administrator shall designate, and make available to the task force, a location at a facility under the control of the Administrator for use by the task force for its meetings.
(4) MINUTES.--
(A) IN GENERAL.--Not later than 30 days after the date of each meeting, the task force shall publish the minutes of the meeting in the Federal Register and shall submit to the Administrator any findings or recommendations approved at the meeting.
(B) SUBMISSION TO CONGRESS.--Not later than 60 days after the date that the Administrator receives minutes under subparagraph (A), the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives such minutes, together with any comments the Administrator considers appropriate.
(5) FINDINGS.--
(A) IN GENERAL.--Not later than the date on which the task force terminates under subsection (m), the task force shall submit to the Administrator a final report on any findings and recommendations of the task force approved at a meeting of the task force.
(B) SUBMISSION TO CONGRESS.--Not later than 90 days after the date on which the Administrator receives the report under subparagraph (A), the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives the full text of the report submitted under subparagraph (A), together with any comments the Administrator considers appropriate.
(j) Personnel Matters.--
(1) COMPENSATION OF MEMBERS.--Each member of the task force shall serve without pay for their service on the task force.
(2) TRAVEL EXPENSES.--Each member of the task force shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.
(3) DETAIL OF SBA EMPLOYEES.--The Administrator may detail, without reimbursement, any of the personnel of the Administration to the task force to assist it in carrying out the duties of the task force. Such a detail shall be without interruption or loss of civil status or privilege.
(4) SBA SUPPORT OF THE TASK FORCE.--Upon the request of the task force, the Administrator shall provide to the task force the administrative support services that the Administrator and the Chairperson jointly determine to be necessary for the task force to carry out its duties.
(k) Not Subject to Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the task force.
(l) Startup Deadlines.--The initial appointment of the members of the task force shall be completed not later than 90 days after the date of enactment of this Act, and the first meeting of the task force shall be not later than 180 days after the date of enactment of this Act.
(m) Termination.--
(1) IN GENERAL.--Except as provided in paragraph (2), the task force shall terminate at the end of fiscal year 2013.
(2) EXCEPTION.--If, as of the termination date under paragraph (1), the task force has not complied with subsection (i)(4) with respect to 1 or more meetings, then the task force shall continue after the termination date for the sole purpose of achieving compliance with subsection (i)(4) with respect to those meetings.
(n) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $300,000 for each of fiscal years 2010 through 2013.
SEC. 508. STUDY AND REPORT ON EMERGENCY PIN TECHNOLOGY.
(a) In General.--The Federal Trade Commission, in consultation with the Attorney General of the United States and the United States Secret Service, shall conduct a study on the cost-effectiveness of making available at automated teller machines technology that enables a consumer that is under duress to electronically alert a local law enforcement agency that an incident is taking place at such automated teller machine, including--
(1) an emergency personal identification number that would summon a local law enforcement officer to an automated teller machine when entered into such automated teller machine; and
(2) a mechanism on the exterior of an automated teller machine that, when pressed, would summon a local law enforcement to such automated teller machine.
(b) Contents of Study.--The study required under subsection (a) shall include--
(1) an analysis of any technology described in subsection (a) that is currently available or under development;
(2) an estimate of the number and severity of any crimes that could be prevented by the availability of such technology;
(3) the estimated costs of implementing such technology; and
(4) a comparison of the costs and benefits of not fewer than 3 types of such technology.
(c) Report.--Not later than 9 months after the date of enactment of this Act, the Federal Trade Commission shall submit to Congress a report on the findings of the study required under this section that includes such recommendations for legislative action as the Commission determines appropriate.
SEC. 509. STUDY AND REPORT ON THE MARKETING OF PRODUCTS WITH CREDIT OFFERS.
(a) Study.--The Comptroller General of the United States shall conduct a study on the terms, conditions, marketing, and value to consumers of products marketed in conjunction with credit card offers, including--
(1) debt suspension agreements;
(2) debt cancellation agreements; and
(3) credit insurance products.
(b) Areas of Concern.--The study conducted under this section shall evaluate--
(1) the suitability of the offer of products described in subsection (a) for target customers;
(2) the predatory nature of such offers; and
(3) specifically for debt cancellation or suspension agreements and credit insurance products, loss rates compared to more traditional insurance products.
(c) Report to Congress.--The Comptroller shall submit a report to Congress on the results of the study required by this section not later than December 31, 2010.
SEC. 510. FINANCIAL AND ECONOMIC LITERACY.
(a) Report on Federal Financial and Economic Literacy Education Programs.--
(1) IN GENERAL.--Not later than 9 months after the date of enactment of this Act, the Secretary of Education and the Director of the Office of Financial Education of the Department of the Treasury shall coordinate with the President's Advisory Council on Financial Literacy--
(A) to evaluate and compile a comprehensive summary of all existing Federal financial and economic literacy education programs, as of the time of the report; and
(B) to prepare and submit a report to Congress on the findings of the evaluations.
(2) CONTENTS.--The report required by this subsection shall address, at a minimum--
(A) the 2008 recommendations of the President's Advisory Council on Financial Literacy;
(B) existing Federal financial and economic literacy education programs for grades kindergarten through grade 12, and annual funding to support these programs;
(C) existing Federal postsecondary financial and economic literacy education programs and annual funding to support these programs;
(D) the current financial and economic literacy education needs of adults, and in particular, low- and moderate-income adults;
(E) ways to incorporate and disseminate best practices and high quality curricula in financial and economic literacy education; and
(F) specific recommendations on sources of revenue to support financial and economic literacy education activities with a specific analysis of the potential use of credit card transaction fees.
(b) Strategic Plan.--
(1) IN GENERAL.--The Secretary of Education and the Director of the Office of Financial Education of the Department of the Treasury shall coordinate with the President's Advisory Council on Financial Literacy to develop a strategic plan to improve and expand financial and economic literacy education.
(2) CONTENTS.--The plan developed under this subsection shall--
(A) incorporate findings from the report and evaluations of existing Federal financial and economic literacy education programs under subsection (a); and
(B) include proposals to improve, expand, and support financial and economic literacy education based on the findings of the report and evaluations.
(3) PRESENTATION TO CONGRESS.--The plan developed under this subsection shall be presented to Congress not later than 6 months after the date on which the report under subsection (a) is submitted to Congress.
(c) Effective Date.--Notwithstanding section 3, this section shall become effective on the date of enactment of this Act.
SEC. 511. FEDERAL TRADE COMMISSION RULEMAKING ON MORTGAGE LENDING.
(a) In General.--Section 626 of division D of the Omnibus Appropriations Act, 2009 (Public Law 111-8) is amended--
(1) in subsection (a)--
(A) by striking ``Within'' and inserting ``(1) Within'';
(B) in paragraph (1), as designated by subparagraph (A), by inserting after the first sentence the following: ``Such rulemaking shall relate to unfair or deceptive acts or practices regarding mortgage loans, which may include unfair or deceptive acts or practices involving loan modification and foreclosure rescue services.''; and
(C) by adding at the end the following:
``(2) Paragraph (1) shall not be construed to authorize the Federal Trade Commission to promulgate a rule with respect to an entity that is not subject to enforcement of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) by the Commission.
``(3) Before issuing a final rule pursuant to the proceeding initiated under paragraph (1), the Federal Trade Commission shall consult with the Federal Reserve Board concerning any portion of the proposed rule applicable to acts or practices to which the provisions of the Truth in Lending Act (15 U.S.C. 1601 et seq.) may apply.
``(4) The Federal Trade Commission shall enforce the rules issued under paragraph (1) in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made part of this section.''; and
(2) in subsection (b)--
(A) by striking so much as precedes paragraph (2) and inserting the following:
``(b)(1) Except as provided in paragraph (6), in any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person subject to a rule prescribed under subsection (a) in a practice that violates such rule, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States or other
court of competent jurisdiction--
``(A) to enjoin that practice;
``(B) to enforce compliance with the rule;
``(C) to obtain damages, restitution, or other compensation on behalf of residents of the State; or
``(D) to obtain penalties and relief provided by the Federal Trade Commission Act and such other relief as the court considers appropriate.''; and
(B) in paragraphs (2), (3), and (6), by striking ``Commission'' each place it appears and inserting ``primary Federal regulator''.
(b) Effective Date.--The amendments made by subsection (a) shall take effect on March 12, 2009.


(As printed in the Congressional Record for the Senate on May 19, 2009.)