[Congressional Record Volume 155, Number 62 (Monday, April 27, 2009)]
[Senate]
[Pages S4756-S4763]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Ms. SNOWE (for herself and Ms. Collins):
  S. 899. A bill to establish an assistance program for the 
construction of digital TV translators to fill coverage gaps that are 
created from the transition from analog to digital signals; to the 
Committee on Commerce, Science, and Transportation.
  Ms. SNOWE. Mr. President, on June 12, television broadcasters will 
finally transition from analog TV signals to an all-digital system and 
in doing so begin a new chapter of innovation. In addition to providing 
higher quality video and sound, the DTV Transition will allow 
broadcasters to offer new services such as interactive TV and content 
multicasting.
  The benefits consumers will reap will be significant so we must make 
sure that they are clearly aware of this transition and the steps 
necessary to be prepared. Delaying the switchover till June has 
afforded us the opportunity to improve these efforts. However, there 
are several geographic areas across this nation that will be plagued by 
a particular problem that isn't a result of lack of consumer awareness 
or availability of converter boxes but because they will receive a weak 
digital signal or no signal at all.
  The DTV ``cliff effect'' occurs when the broadcast signal is so weak 
that all that appears on a viewer's TV is a blank screen. Unlike an 
analog broadcast, where a weak signal means a viewer would receive a 
grainy or snowy picture, a weak digital broadcast would mean no picture 
at all--you either get it or you don't.
  The DTV cliff effect occurs because of the different propagation 
characteristics that the new digital broadcast signals have compared to 
traditional analog signals. The terrain, distance from the broadcast 
tower, and the sensitivity of existing antennas, and even the weather 
all play a part in the strength of a broadcast signal and contribute to 
the cliff effect.
  Recently, a market-research firm estimated that more than 9 million 
households could experience some digital TV reception problems. In 
addition, many households in Wilmington, North Carolina, which 
participated in a DTV Transition trial run last fall, and about a 
thousand homes in Hawaii, which transitioned early, experienced 
reception and cliff effect problems, so this is a very real threat that 
will disrupt a significant number of households.

[[Page S4757]]

  That is why I rise today with my colleague Senator Collins to 
introduce legislation to directly address this problem by creating an 
assistance program for the construction of new digital translators to 
fill the gaps in the digital coverage of full-power stations. 
Specifically, the bill would provide $125 million in reimbursements for 
the construction of digital repeater or translator towers, which run 
approximately $80,000 to $100,000 each to build. These repeaters are 
essential in filling the dead zones that will result from the 
switchover.
  The FCC recently released a report estimating that ``approximately 18 
percent of stations--319--are predicted to lose coverage of 2 percent 
or more of the existing population they reached with their analog 
signals.'' One of the recommendations the Commission suggested to 
alleviate this problem was for affected stations to build translators. 
The FCC also provided a partial remedy in releasing a Notice of 
Proposed Rulemaking that would allow stations to install digital 
translators immediately under Special Temporary Authority. However, in 
this poor economic climate many broadcasters do not have the resources 
to construct these expensive towers.
  This legislation supplies some of the funding necessary to meet the 
challenges posed by this significant problem. It also should be noted 
that these towers can be used to co-locate wireless broadband 
facilities or other advanced communications services, which means an 
easier expansion of broadband in many areas that currently are without.
  Fully addressing the DTV cliff effect problem will ensure the 
transition in June is as seamless and undisruptive as possible for all 
Americans. That is why I hope my colleagues will join Senator Collins 
and me in supporting this legislation.
                                 ______
                                 
      By Mr. WYDEN:
  S. 900. A bill to require the establishment of a credit card safety 
star rating system for the benefit of consumers, and for other 
purposes; to the Committee on Banking, Housing, and Urban Affairs.
  Mr. WYDEN. Mr. President, as the credit crisis has gripped the 
nation, more and more families are relying on their credit cards to 
help them weather the storm. Unfortunately, as more folks use their 
credit cards, many more consumers are falling victim to the industry's 
abusive practices.
  I am pleased that my colleagues in both the Senate and House are 
working hard to swiftly fix some of the most egregious existing 
practices. Like many of my colleagues, I agree that some of the credit 
card industry's practices are unconscionable. For example some 
provisions today allow issuers to raise the interest on a consumer to 
astronomical rates just because of a drop in their credit score or a 
missed payment on another, unrelated credit card. That's like having 
your home mortgage go into default because you missed a payment on your 
car loan. It is not fair and it's predatory.
  Clearly, competition in the credit card industry is not working for 
consumers. Card issuers are not competing on the merits of their cards 
because consumers are still not able to make good comparisons on the 
overall cost of using their products. Consumers tend to focus on the 
interest rate and annual fees, not realizing that many of the little 
disclosures hidden in the legalese of their contracts can make the real 
cost of credit significantly higher.
  Some practices are truly abusive and it may be best for Congress to 
eliminate those. However, while eliminating these practices would help 
protect some of the most vulnerable consumers, it would not solve the 
underlying systematic problem. For each abusive practice that Congress 
eliminates, another will pop up. That is why there must be a way to arm 
consumers with the information they need before they sign up for a 
credit card in order to reject such unfair practices.
  With the financial future of so many Americans now dependent upon the 
unreadable jargon in credit card documents, consumers need to 
understand what they are getting into.
  That is why I am introducing the Credit Card Safety Star Act of 2009. 
Last Congress, I introduced this legislation with then-Senator Obama 
because we both agreed that consumers need a simple way to cut through 
the unreadable jargon in agreements. My bill creates a safety rating 
system for credit cards, like the five-star crash rating system for new 
cars. The rating system for cars helps people understand how their car 
will protect them in a crash; my bill will help people understand if 
they can expect their card issuer to treat them fairly or kick them 
when they are down. Five-star cards would be the safest while one-star 
cards would be the least safe.
  Cards are rewarded for terms that are consumer friendly and get 
knocked for the tricky terms that tend to get consumers in trouble.
  For example, card issuers that can change the terms at any time for 
any reason or those that make consumers go into default based on credit 
ratings or other accounts would automatically receive a one-star 
rating.
  However, card issuers that innovate new ways to make their agreements 
more consumer friendly could get points to out-compete others in the 
industry. For example, credit cards that give 90 days notice before the 
issuer intends to change terms, with the option for consumers to opt 
out, would get a point.
  Under my system, card issuers would have to display the ratings on 
all their marketing materials, billing statements, agreement materials 
and on the back of the card itself. Consumers would also be able to see 
the ratings for their card and how their card got that rating on a 
stand-alone Federal Reserve website.
  The Federal Reserve will be responsible for updating the star system 
and making sure that if new terms or practices come to market, those 
terms or practices are assigned an appropriate rating.
  Additionally, my legislation creates a Credit Card Safety Star 
Advisory Commission which would study the effectiveness of the star 
rating system. The Commission would also implement a study that would 
examine whether it would be better to eliminate certain unfair 
practices rather than simply giving them a rating under my system.
  My bill is designed to work in tandem with the other legislation that 
has already been introduced. While the Credit Card Safety Star Act will 
not ban any particular practices, it is designed to update if certain 
practices are banned.
  While my legislation is not a silver bullet to solve all the problems 
in the credit card industry, it can provide a way forward that will arm 
consumers with usable information about the tricky terms in these 
agreements.
  I believe it is time to put the free market to the test and see 
whether we can help consumers make better choices while also 
encouraging issuers to abandon some of these abusive practices and 
compete for consumers' business by offering them fair terms they can 
understand.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 900

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Credit Card Safety Star Act 
     of 2009''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) competition in the credit card market is severely 
     hindered by a lack of transparency, which results in 
     inefficient consumer choices;
       (2) such lack of transparency is largely due to confusing 
     terms and overwhelming information for consumers;
       (3) the marketplace has not increased competition based on 
     the merits of credit cards;
       (4) a Government rating system that would use market forces 
     by encouraging better transparency would increase such 
     competition and assist consumers in making better credit card 
     choices; and
       (5) such a rating system would not preclude additional 
     regulation or legislation that may eliminate certain 
     practices considered unfair or abusive.

     SEC. 3. TRUTH IN LENDING ACT AMENDMENTS.

       The Truth in Lending Act (15 U.S.C. 1601 et seq.) is 
     amended by inserting after section 127A the following new 
     section:

     ``SEC. 127B. CREDIT CARD SAFETY STAR RATING SYSTEM.

       ``(a) Definitions.--In this section--
       ``(1) the term `agreement' means the terms and conditions 
     applicable to an open end credit plan offered by an issuer of 
     credit;

[[Page S4758]]

       ``(2) references to a reading grade level shall be as 
     determined by the Board, using available measurements for 
     assessing such reading levels, including those used by the 
     Department of Education;
       ``(3) the term `Safety Star System' means the credit card 
     safety star rating system established under this section; and
       ``(4) the term `junk mail' means a form of disclosure that 
     does not inform the consumer in a meaningful and significant 
     way about changes in the contract, including small type, 
     using separate pieces of paper for separate disclosures, and 
     mixing disclosure materials with product advertisements.
       ``(b) Rulemaking.--
       ``(1) In general.--Not later than 12 months after the date 
     of enactment of this section, the Board shall issue final 
     rules to implement the Safety Star System established under 
     this section, to allow consumers to quickly and easily 
     compare the levels of safety associated with various open end 
     credit plan agreements.
       ``(2) Consultation.--The Board shall consult with the 
     Comptroller of the Currency, the Office of Thrift 
     Supervision, and the Federal Deposit Insurance Corporation in 
     issuing rules to implement the Safety Star System.
       ``(c) Elements of Safety Star System.--The Safety Star 
     System shall consist of a 5-star system for rating the terms 
     and conditions of each open end credit plan agreement between 
     a card issuer and a cardholder, in accordance with this 
     section.
       ``(d) Safety Star Ratings.--
       ``(1) One-star rating.--The lowest level of safety for an 
     open end credit plan shall be indicated by a 1-star rating.
       ``(2) Five-star rating.--The highest level of safety in an 
     open end credit plan shall be indicated by a 5-star rating.
       ``(e) Point Structure for Safety Star System.--
       ``(1) Values.--Each variation of a term in an agreement 
     shall be worth 1 point or -1 point, as applicable.
       ``(2) Star system.--For purposes of the Safety Star 
     System--
       ``(A) 5-star credit cards are those with points totaling 7 
     points or greater;
       ``(B) 4-star credit cards are those with between 3 points 
     and 6 points;
       ``(C) 3-star credit cards are those with between -1 point 
     and 2 points;
       ``(D) 2-star credit cards are those with between -6 points 
     and -2 points; and
       ``(E) 1-star credit cards are those with -7 points or 
     fewer.
       ``(f) Point Awards.--One point shall be awarded for each of 
     the terms in an agreement under which--
       ``(1) no binding or nonbinding arbitration clause applies;
       ``(2) at least 90 days notice is provided to the cardholder 
     if the card issuer wants to change the terms of the 
     agreement, with the option for the consumer to opt out of the 
     changes, while paying off their previous balance according to 
     the original terms;
       ``(3) changes are disclosed in a manner that highlights the 
     differences between the current terms and the proposed terms;
       ``(4) the original card agreement and all original 
     supplementary materials are in 1 document at 1 time, and, 
     when the card issuer discloses changes to the card 
     agreement--
       ``(A) those materials are not in junk mail form; and
       ``(B) the changes are disclosed conspicuously, together 
     with the next billing cycle statement, before the changes 
     becomes effective;
       ``(5) no over-the-limit fees are imposed for the 
     transactions approved at the time of transaction by the card 
     issuer;
       ``(6) no fees are imposed to pay credit card bills using 
     any method, including over the phone;
       ``(7) payments are applied to the highest interest rate 
     principal first;
       ``(8) interest is not accrued on new purchases between the 
     end of the billing cycle and the due date when a balance is 
     outstanding;
       ``(9) security deposits and fees for credit availability 
     (such as account opening fees or membership fees)--
       ``(A) are limited to 10 percent of the initial credit limit 
     during the first 12 months; and
       ``(B) at account opening, are limited to 5 percent of the 
     initial credit limit, and requires any additional amounts (up 
     to 10 percent) to be spread evenly over at least the next 5 
     billing cycles;
       ``(10) the terms of the agreement are disclosed in a form 
     that requires at or below an 8th grade reading level;
       ``(11) any secondary disclosure materials meant to 
     supplement the terms of the agreement are disclosed in a form 
     that requires at or below an 8th grade reading level;
       ``(12) no late fee may be imposed when a payment is 
     received, whether processed by the issuer or not, within 2 
     days of the payment due date;
       ``(13) a copy of the agreement and all supplementary 
     materials are easily available to the cardholder online; or
       ``(14) a substantial positive financial benefit would be 
     provided to the consumer, as determined by the Board in 
     accordance with subsection (h).
       ``(g) Negative Points.--One point shall be subtracted for 
     each of the terms in an agreement under which--
       ``(1) binding or nonbinding arbitration is required to 
     resolve disputes;
       ``(2) fewer than 30 days notice before the billing 
     statement for which changes in terms take effect are provided 
     to the cardholder when the card issuer wants to change the 
     terms of the card agreement (which shall be assumed if notice 
     of such changes is undisclosed in the agreement materials);
       ``(3) junk mailer disclosures are used to inform 
     cardholders of changes in their agreements;
       ``(4) over-the-limit fees are imposed more than once based 
     on the same transaction;
       ``(5) fees are imposed to pay bills by check, over the 
     Internet, or by an automated phone system;
       ``(6) interest is accrued on new purchases between the end 
     of the billing cycle and the due date when a balance is 
     outstanding;
       ``(7) the terms of the agreement are disclosed in a form 
     that requires a reading level that is above a 12th grade 
     reading level;
       ``(8) any secondary disclosure materials meant to 
     supplement the terms of the agreement are written in a form 
     that requires a reading level above the 12th grade reading 
     level;
       ``(9) a late fee may be imposed within 2 days of the 
     payment due date;
       ``(10) the issuer may unilaterally change the terms in the 
     agreement without written consent from the consumer, or the 
     issuer may unilaterally make adverse changes to the terms in 
     the agreement without written consent from the consumer and 
     written notice to the consumer of the precise behavior that 
     provoked the adverse change;
       ``(11) the issuer charges interest on transaction fees, 
     including late fees; or
       ``(12) there would be a negative financial impact on the 
     interests of the consumer, as determined by the Board in 
     accordance with subsection (h).
       ``(h) Board Considerations.--For purposes of subsections 
     (f)(15) and (g)(16), the Board may consider--
       ``(1) the level of difficulty in understanding terms of the 
     subject agreement by an average consumer;
       ``(2) how such terms will affect consumers who are close to 
     the edge of their credit limits;
       ``(3) how such terms will affect consumers who do not have 
     a good credit score, history, or rating, using commonly 
     employed credit measurement methods (if it creates greater 
     access to credit by reducing safety, or by other means);
       ``(4) whether such terms create what would appear to a 
     reasonable consumer to be an arbitrary deadline or limit that 
     may frustrate consumers and result in excess fees or worse 
     financial outcomes for the consumer;
       ``(5) whether such terms, or the severity of such terms, is 
     not based on the credit risks created by a particular 
     consumer behavior, but rather is designed to solely increase 
     revenue through lack of transparency;
       ``(6) whether any State has sought to limit such terms or 
     terms that are similar thereto;
       ``(7) whether provisions of State law relating to unfair 
     and deceptive practices would prohibit any such terms, but 
     for the national bank exclusion from non-home State banking 
     laws;
       ``(8) whether such terms have an anticompetitive or 
     procompetitive effect on the marketplace; and
       ``(9) such additional terms or concepts that are not 
     specified in paragraphs (1) through (8) that the Board deems 
     difficult for an average consumer to manage, such as terms 
     that are confusing to the typical consumer or that create a 
     greater risk of negative financial outcomes for the typical 
     consumer, and terms that promote transparency or competition.
       ``(i) Limitations.--For purposes of subsection (h), the 
     Board may not consider, with respect to the terms of an open 
     end credit plan agreement, the profitability or impact on the 
     success of any particular business model of such terms.
       ``(j) Automatic Rating.--Notwithstanding any other 
     provision of this section, or any other provision of State or 
     Federal law, any open end credit plan that allows the card 
     issuer or a designee thereof to modify the terms of the 
     agreement at any time or periodically for unspecified or 
     unstated reasons, shall automatically give rise to a 1-star 
     rating for such open end credit plan.
       ``(k) No Points if Terms Are Required by Law.--If a 
     particular term in an agreement becomes required by law or 
     regulation, no points may be awarded under the Safety Star 
     System for that term.
       ``(l) Procedures for Ratings.--
       ``(1) Certification to the board.--Each issuer of credit 
     under an open end credit plan shall certify in writing to the 
     Board, the number of stars to be awarded, separately for each 
     of the card issuer's agreements. Each such certification 
     shall specify which terms in each agreement are subject to 
     the Safety Star System, and how the issuer arrived at the 
     star rating for each agreement based on the Safety Star 
     System in accordance with paragraph (2).
       ``(2) Submissions to the board.--Each agreement that is 
     subject to a Safety Star System rating shall be submitted 
     electronically to the Board, together with a written 
     explanation of whether the agreement has or does not have 
     each of the terms specified in subsections (f) and (g), 
     before issuing or marketing a credit card under that 
     agreement.
       ``(3) Board verification.--
       ``(A) In general.--The Board shall verify that the terms in 
     the submitted agreement and supporting materials (such as 
     examples of future disclosures or examples of websites with 
     cardholder agreements) comply with the certification 
     submitted to the Board by

[[Page S4759]]

     the issuer under this subsection, not later than 30 days 
     after the date of submission.
       ``(B) Avoiding duplicative verifications.--A card issuer 
     may certify to the Board, in writing, that all agreements 
     that it markets include a particular term, or that the issuer 
     will use certain practices (with supporting documents, 
     including showing how future disclosures will be made) so 
     that the Board is required to determine only once, with 
     respect to that term or practice, how that term or practice 
     affects the star ratings of the credit card agreements of the 
     issuer.
       ``(4) Misrepresentations as violations.--Any certification 
     to the Board under this section that the issuer knew, or 
     should have known, was false or misrepresented to the Board 
     or to a consumer the terms or conditions of a card agreement 
     or of a Safety Star System rating under this section shall be 
     treated as a violation of this title, and shall be subject to 
     enforcement in accordance with section 108.
       ``(5) Modifications by card issuers.--
       ``(A) In general.--After the first annual review by the 
     Board, mentioned in subsection (o), before implementing any 
     new term or concept, or new way of approaching a term or 
     concept, with respect to an open end credit plan, the card 
     issuer shall submit the new term or concept and any 
     supporting materials to the Board, other than with respect to 
     an adjustment to the applicable rate of interest in an 
     existing agreement that clearly specifies that such rate 
     would be adjustable and under what conditions such 
     adjustments could occur.
       ``(B) Determination of the board.--Not later than 30 days 
     after the date of a submission under subparagraph (A), the 
     Board shall complete a review of the effects on safety of the 
     subject new concept or term, and shall issue a decision on 
     whether it affects the Safety Star System rating for the open 
     end credit plan that will include the term or concept.
       ``(m) Display of and Access to Ratings.--
       ``(1) Display of rating required.--The Safety Star System 
     rating for each credit card shall be clearly displayed on all 
     marketing material, applications, billing statements, and 
     agreements associated with that credit card, as well as on 
     the back of each such credit card, including a brief 
     explanation of the system displayed below each rating (other 
     than on the back of the credit card).
       ``(2) New cards required for lower ratings.--In any case in 
     which the Safety Star System rating for a credit card is 
     lowered for any reason, the card issuer shall provide new 
     cards to account holders displaying the new rating in 
     accordance with paragraph (1).
       ``(3) Graphic display.--The Safety Star System rating for a 
     credit card shall be represented by a graphic that 
     demonstrates not only the number of stars that the credit 
     card has received, but also the number of stars that the card 
     did not receive.
       ``(4) Development of graphic by the board.--The Board shall 
     determine the graphic and description of the Safety Star 
     System for display on materials and the back of cards for 
     purposes of this section.
       ``(n) Consumer Access to Ratings.--
       ``(1) In general.--The Board shall engage in an extensive 
     campaign to educate consumers about the Safety Star System 
     ratings for credit cards, using commonly used and accessible 
     communications media.
       ``(2) Website.--Not later than 12 months after the date of 
     enactment of this section, the Board shall establish and 
     shall maintain a stand-alone website--
       ``(A) to provide easily understandable, in-depth 
     information on the criteria used to assign the ratings, as 
     provided in subsections (f) and (g); and
       ``(B) to include a listing of the Safety Star System 
     ratings for each open end consumer credit plan, information 
     on how the issuer arrived at that rating, and the number of 
     consumers that have that plan with the issuer.
       ``(o) Annual Review by the Board.--
       ``(1) In general.--The Board shall conduct a thorough 
     annual review (of not longer than 6 months in duration) of 
     the Safety Star System, to determine whether the point system 
     is effectively aiding consumers, and shall promptly implement 
     any regulatory changes as are necessary to ensure that the 
     System protects consumers and encourages transparent 
     competition and fairness to consumers, including implementing 
     a system in which terms are weighted to distinguish between 
     different levels of safety, in accordance with the purposes 
     of this section.
       ``(2) Availability of results.--Results of the review 
     conducted under this subsection shall be submitted to 
     Congress, and shall be made available to the public.
       ``(p) Periodic Review of Standards.--Once every 2 years, 
     the Board shall determine whether the requirements to satisfy 
     2-star standards and above should be raised on the grounds 
     that card issuers have abandoned the most unfair practices. 
     In making such determination, the Board may not consider the 
     profitability of business models, but may consider whether 
     competition in the credit industry will improve consumer 
     protection, and how the change in standards will affect such 
     competition.''.

     SEC. 4. SAFETY STAR ADVISORY COMMISSION.

       (a) Establishment.--There is established the Credit Card 
     Safety Star Advisory Commission (in this section referred to 
     as the ``Commission'').
       (b) Duties.--
       (1) Review of the credit card safety star system and annual 
     reports.--The Commission shall--
       (A) review the effectiveness of the credit card Safety Star 
     System under this section, including the topics described in 
     paragraph (2);
       (B) make recommendations to Congress concerning such 
     system;
       (C) study whether it would better protect consumers to ban 
     some practices by creditors rather than use a rating system 
     for those practices, including universal default, unilateral 
     changes without consumer consent, allowing interest charges 
     on fees, or allowing interest rate increases to apply to past 
     debt; and
       (D) by not later than March 1 of each calendar year 
     following the date of enactment of this Act, submit a report 
     to Congress containing the results of such reviews and its 
     recommendations concerning such system.
       (2) Specific topics to be reviewed.--The Commission shall 
     review--
       (A) with respect to all credit card users--
       (i) the methodology for awarding stars to credit cards 
     under the Safety Star System, and whether there may be a 
     better way to award stars that takes into account unfair or 
     unsafe practices that remain uncaptured in the Safety Star 
     System;
       (ii) the consumer awareness of the Safety Star System and 
     what may make the system more useful to consumers; and
       (iii) other major issues in implementation and further 
     development of the Safety Star System;
       (B) with respect to credit card users who are at or close 
     to their credit limits, whether such consumers are being 
     specifically targeted in credit card agreements, and whether 
     the Safety Star System should incorporate more terms or be 
     revised to encourage more fair terms for such consumers; and
       (C) the effects of the Safety Star System on the 
     availability and affordability of credit and the implications 
     of changes in credit availability and affordability in the 
     United States and in the general market for credit services 
     due to the Safety Star System.
       (3) Comments on certain board reports.--
       (A) Transmittal to commission.--If the Board submits to 
     Congress (or a committee of Congress) a report that is 
     required by law and that relates to the Safety Star System, 
     the Board shall transmit a copy of the report to the 
     Commission.
       (B) Independent review.--The Commission shall review any 
     report received under subparagraph (A) and, not later than 6 
     months after the date of submission of the report to 
     Congress, shall submit to the appropriate committees of 
     Congress written comments on such report. Such comments may 
     include such recommendations as the Commission determines 
     appropriate.
       (4) Agenda and additional reviews.--The Commission shall 
     consult periodically with the chairperson and ranking 
     minority members of the appropriate committees of Congress 
     regarding the agenda of the Commission and progress towards 
     achieving the agenda. The Commission may conduct additional 
     reviews, and submit additional reports to the appropriate 
     committees of Congress, from time to time on such topics 
     relating to the Safety Star System as may be requested by 
     such chairpersons and members, and as the Commission 
     determines appropriate.
       (5) Availability of reports.--The Commission shall transmit 
     to the Board a copy of each report submitted under this 
     subsection, and shall make such reports available to the 
     public in an easily accessible format, including operating a 
     website containing the reports.
       (6) Appropriate committees of congress.--For purposes of 
     this subsection, the term ``appropriate committees of 
     Congress'' means the Committee on Banking, Housing, and Urban 
     Affairs of the Senate and the Committee on Financial Services 
     of the House of Representatives.
       (7) Voting and reporting requirements.--With respect to 
     each recommendation contained in a report submitted under 
     paragraph (1), each member of the Commission shall vote on 
     the recommendation, and the Commission shall include, by 
     member, the results of that vote in the report containing the 
     recommendation. The Commission may file a minority report.
       (8) Examination of budget consequences.--Before making any 
     recommendation that is likely to have a Federal budgetary 
     impact, the Commission shall examine the budget consequences 
     of such recommendation, directly or through consultation with 
     appropriate expert entities.
       (c) Membership.--
       (1) Number and appointment.--The Commission shall be 
     composed of 15 members appointed by the Comptroller General 
     of the United States, in accordance with this section.
       (2) Qualifications.--
       (A) In general.--The membership of the Commission shall 
     include individuals--
       (i) who have achieved national recognition for their 
     expertise in credit cards, debt management, economics, credit 
     availability, consumer protection, and other credit card-
     related issues and fields; or
       (ii) who provide a mix of different professions, a broad 
     geographic representation, and a balance between urban and 
     rural representatives.
       (B) Makeup of commission.--The Commission shall be made up 
     of 15 members, of whom--
       (i) 4 shall be representatives from consumer groups;

[[Page S4760]]

       (ii) 4 shall be representatives from credit card issuers or 
     banks;
       (iii) 7 shall be representatives from nonprofit research 
     entities or nonpartisan experts in banking and credit cards; 
     and
       (iv) no fewer than 1 of the members described in clauses 
     (i) through (iii) shall represent each of--

       (I) the elderly;
       (II) economically disadvantaged consumers;
       (III) racial or ethnic minorities; and
       (IV) students and minors.

       (C) Ethics disclosures.--The Comptroller General shall 
     establish a system for public disclosure by members of the 
     Commission of financial and other potential conflicts of 
     interest relating to such members. Members of the Commission 
     shall be treated as employees of Congress whose pay is 
     disbursed by the Secretary of the Senate for purposes of 
     title I of the Ethics in Government Act of 1978 (Public Law 
     95-521).
       (3) Terms.--
       (A) In general.--The terms of members of the Commission 
     shall be for 5 years except that the Comptroller General 
     shall designate staggered terms for the members first 
     appointed.
       (B) Vacancies.--Any member appointed to fill a vacancy 
     occurring before the expiration of the term for which the 
     member's predecessor was appointed shall be appointed only 
     for the remainder of that term. A member may serve after the 
     expiration of that member's term until a successor has taken 
     office. A vacancy in the Commission shall be filled in the 
     manner in which the original appointment was made.
       (4) Compensation.--
       (A) Members.--While serving on the business of the 
     Commission (including travel time), a member of the 
     Commission shall be entitled to compensation at the per diem 
     equivalent of the rate provided for level IV of the Executive 
     Schedule under section 5315 of title 5, United States Code, 
     and while so serving away from home and the regular place of 
     business of the member, the member may be allowed travel 
     expenses, as authorized by the Chairperson.
       (B) Other employees.--For purposes of pay (other than pay 
     of members of the Commission) and employment benefits, 
     rights, and privileges, all employees of the Commission shall 
     be treated as if they were employees of the United States 
     Senate.
       (5) Chairperson; vice chairperson.--The Comptroller General 
     shall designate a member of the Commission, at the time of 
     appointment of the member as Chairperson and a member as Vice 
     Chairperson for that term of appointment, except that in the 
     case of vacancy in the position of Chairperson or Vice 
     Chairperson of the Commission, the Comptroller General may 
     designate another member for the remainder of that member's 
     term.
       (6) Meetings.--The Commission shall meet at the call of the 
     Chairperson.
       (d) Director and Staff; Experts and Consultants.--Subject 
     to such review as the Comptroller General determines 
     necessary to assure the efficient administration of the 
     Commission, the Commission may--
       (1) employ and fix the compensation of an Executive 
     Director (subject to the approval of the Comptroller General) 
     and such other personnel as may be necessary to carry out its 
     duties (without regard to the provisions of title 5, United 
     States Code, governing appointments in the competitive 
     service);
       (2) seek such assistance and support as may be required in 
     the performance of its duties from appropriate Federal 
     departments and agencies;
       (3) enter into contracts or make other arrangements, as may 
     be necessary for the conduct of the work of the Commission 
     (without regard to section 3709 of the Revised Statutes of 
     the United States (41 U.S.C. 5));
       (4) make advance, progress, and other payments which relate 
     to the work of the Commission;
       (5) provide transportation and subsistence for persons 
     serving without compensation; and
       (6) prescribe such rules and regulations as it determines 
     necessary with respect to the internal organization and 
     operation of the Commission.
       (e) Powers.--
       (1) Obtaining official data.--The Commission may secure 
     directly from any department or agency of the United States 
     information necessary to enable it to carry out this section. 
     Upon request of the Chairperson, the head of that department 
     or agency shall furnish that information to the Commission on 
     an agreed upon schedule.
       (2) Data collection.--In order to carry out its functions, 
     the Commission shall--
       (A) utilize existing information, both published and 
     unpublished, where possible, collected and assessed either by 
     its own staff or under other arrangements made in accordance 
     with this section;
       (B) carry out, or award grants or contracts for, original 
     research and experimentation, where existing information is 
     inadequate; and
       (C) adopt procedures allowing any interested party to 
     submit information for the Commission's use in making reports 
     and recommendations.
       (3) Access of gao to information.--The Comptroller General 
     shall have unrestricted access to all deliberations, records, 
     and nonproprietary data of the Commission, immediately upon 
     request.
       (4) Periodic audit.--The Commission shall be subject to 
     periodic audit by the Comptroller General.
       (f) Administrative and Support Services.--The Comptroller 
     General shall provide such administrative and support 
     services to the Commission as may be necessary to carry out 
     this section.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Commission, not more than 
     $10,000,000 for each fiscal year to carry out this section.
                                 ______
                                 
      By Mr. MERKLEY (for himself and Mr. Wyden):
  S. 901. A bill to establish the Oregon Task Force on Sustainable 
Revenue for Counties, and for other purposes; to the Committee on 
Energy and Natural Resources.
  Mr. MERKLEY. Mr. President, today I am introducing the Sustainable 
Revenue for Oregon Counties Act, a bill aimed at finding a sustainable 
long-term solution to the revenue problems faced by Oregon's timber-
dependent counties and other timber-dependent counties across our 
Nation. This bill, which is cosponsored by Senator Ron Wyden, will 
establish a task force to determine the best way to provide counties 
with a dependable source of revenue after the current county payments 
program expires.
  Last year I promised that county payments would be the subject of my 
first bill as a Senator because addressing this issue is essential to 
the long-term success of Oregon's rural counties. Thanks to the hard 
work of Senator Wyden and our congressional delegation, payments are in 
place for the next 2 years. But we need to start preparing for what 
happens next.
  Let me give some background on this critical issue. Like many Western 
States, the Federal Government owns much of Oregon's land base. More 
than half of Oregon's land is federally owned. One class of the Federal 
lands is the O&C lands. These lands were granted to Oregon & California 
Railroad in 1866 and later reverted to the Federal Government when the 
railroad failed to live up to terms of the grant. They also included a 
class of lands that originated from a similar situation, the Coos Bay 
Wagon Road lands. These O&C lands make up 2.2 million acres in western 
and southern Oregon.
  Then there are Forest Service lands--timbered lands owned by the 
Forest Service, managed--that make up 14 million additional acres 
across our State.
  In both cases, the Federal Government has allocated a share of the 
revenue generated by cutting timber to compensate local counties for 
their services. Since 1908, in fact, the Federal Government has 
compensated counties for the revenue lost due to Forest Service lands 
with a simple formula: 25 percent of the revenue earned by harvesting 
timber. Since 1937 the Federal Government has sustained a similar 
commitment on our O&C lands. The O&C Act provided that counties receive 
75 percent of the timber harvest revenues, and since 1957 that was 
reasserted with 50 percent going directly to the counties and 25 
percent put into management.
  Then along came the 1990s and something happened. What happened is, 
the Federal Government started saying for other reasons--environmental 
reasons, stewardship reasons--we were going to change the harvest 
practices on these lands. That has had a direct impact, a deep, 
profound impact on our timber counties. A deal was struck. In fact, in 
1993, President Clinton proposed and Congress enacted a program to 
augment timber payments with Federal payments based on the historic 
harvest levels so the people of Oregon's timber counties will not be 
paying the price for the environmental goals and other goals that were 
put forward. This is a deal, this is a core foundation agreement 
between the Federal Government and our timber counties.
  This program was modified in 2000 under the leadership of our senior 
Senator from Oregon, and the program became the Secure Rural Schools 
and Community Self-Determination Act. That program, though, had a 
sunset in 2006 when the program disappeared that started to wreak havoc 
on our timber-dependent counties.
  In Josephine County two-thirds of the county's general fund came from 
county payments. Loss of county payments meant cutting public safety 
programs. Overnight, patrols were down to one 10-hour shift split among 
six deputies covering an area the size of the State of Rhode Island.

[[Page S4761]]

  In Harney County--where 78 percent of the landmass, an area the size 
of New Jersey, is federally controlled--70 percent of the road funds 
come from Federal payments.
  In Lake County, Federal land, making up 61 percent of the county, is 
in anticipation of losing Federal funding, so the county had to cut its 
Federal Road Department from 42 individuals to 14--14 for a road 
department for a county the size of Connecticut and Delaware combined.
  In Jackson County, where one-third of the general fund comes from 
Federal payments, Jackson County eliminated 117 jobs in parks, human 
services, roads, public safety, and closed all of their libraries.
  This issue was so substantial that the Oregon Legislature, when I 
served as speaker, redirected more than $50 million in transportation 
funds away from counties under the normal formula to a formula based on 
the loss of the Federal timber dollars.
  The good news is that due to the tireless work of the senior Senator 
from my State, Mr. Wyden, and our colleagues in the other Chamber, 
counties received a 1-year reprieve in 2007 and just last fall a 4-year 
extension. But now we are faced again with expiration of these critical 
resources in 2011. So today I am here to propose a strategy to develop 
a coherent plan, a plan for restoring fiscal security and sustainable 
revenue to our counties so that, despite the crushing economic 
situation our counties are facing today--and unemployment is second 
highest in the Nation in Oregon, and in the timber-dependent counties 
far higher than the average, many with 14, 16, 18 percent 
unemployment--despite that, we need to provide a foundation for 
transition in 2011.
  There are many elements that can go into this coherent strategy. Our 
forests, millions of acres of second growth forests are overgrown and 
need to be thinned to restore forest health and prevent forest fires. 
Increasing the harvest could generate revenue. The material cleared 
from the forest could be used to generate biomass energy and cellulosic 
biofuels, and harvesting that material, that biomass, could generate 
revenue.
  Our forests can be used to sequester carbon, and the forests of the 
Northwest are potentially the largest carbon sink we have, so 
management to increase carbon sequestration could be a source of 
revenue.
  Increased use of public lands by visitors brings economic benefit to 
our counties and these recreational and tourism activities could be a 
source of revenues.
  Certainly, we need to look at the historic deal struck between the 
Federal Government and the counties and find a way to sustain it into 
the future--that deal saying, if we are going to put restrictions on 
the timber harvest under these traditional timberlands that we are 
going to compensate counties for the lost revenue.
  This bill creates a task force with 15 members. Four members come 
from timber counties. They get their firsthand reports from the front 
line. One member each represents timber, conservation, recreation, and 
labor organizations--as well as a member from the Governor's office and 
a member from Oregon's tribes.
  Then the task force will be expanded to include members who are 
experts on sustainable forestry, on natural resource economics, on 
biomass energy, on carbon sequestration, and on habitat conservation.
  This task force is charged with developing a long-term plan to raise 
sustainable revenue for Oregon's counties, and it will consider all of 
the concepts that I have mentioned, as well as others that are proposed 
or that come up in the course of the task force's work. They are going 
to report back two strategies for consideration within 9 months of this 
bill being enacted.
  Timberlands are an important part of the national economy and an 
extremely important part of the Oregon economy. Timber products can be 
used to help us address next generation biofuels. Timber can be used to 
sequester carbon. It is a creative, adaptable building material, and 
our timber counties have been hit particularly hard by the downturn in 
the national housing market.
  So we need to sustain the traditional deal with Oregon's timber 
counties and with timber counties across this country. That is what 
this bill is intended to do. I am very proud to introduce it as my 
first bill as a Senator.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                 S. 901

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Sustainable Revenue for 
     Oregon Counties Act of 2009''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) more than half of the land in the State of Oregon is 
     owned by the Federal Government;
       (2) in many counties of the State, significant portions of 
     the land of the counties (often significantly more than half 
     of the land of the counties) is owned by the Federal 
     Government;
       (3) the land described in paragraph (2) includes Forest 
     Service land and Oregon and California grant land;
       (4) the counties described in paragraph (2) are unable to 
     derive revenue from property taxes on land owned by the 
     Federal Government;
       (5) historically, payments made by the Federal Government 
     based on revenues from harvesting timber (including Oregon 
     and California grant land and Forest Service payments) have 
     provided a revenue substitute for property taxes;
       (6) the Secure Rural Schools and Community Self-
     Determination Act of 2000 (16 U.S.C. 500 note; Public Law 
     106-393) augmented the payments described in paragraph (5) 
     because of a significant decline in timber harvest revenues;
       (7) Congress extended the payments described in paragraph 
     (6) for 1 year in 2007, and for 4 years effective beginning 
     in 2008, to provide time to develop a long-term sustainable 
     alternative to the payments described in paragraph (6);
       (8) the prospects for a long-term extension are uncertain 
     because of concerns regarding Federal budget deficits and 
     long-term financial assistance to local governments of the 
     State;
       (9) counties of the State that have historically received 
     the payments described in paragraph (5) are in need of a 
     sustainable, long-term revenue source;
       (10) there are opportunities for the conduct of activities 
     in the Federal forest land of the counties of the State that 
     could be structured to be economically and environmentally 
     sustainable, including--
       (A) the harvesting of timber (including thinning to restore 
     forest health) in a sustainable manner and in sustainable 
     quantities;
       (B) the removal of biomass material from the forest land 
     for--
       (i) the generation of electricity; and
       (ii) the production of cellulosic biofuels;
       (C) the conduct of activities that could--
       (i) increase the sequestration by the forest land of 
     atmospheric carbon; or
       (ii) provide other ecosystem services for communities, such 
     as clean water; and
       (D) the conduct of recreational activities;
       (11) other sources of revenue, including State and local 
     revenue sources, should also be considered in selecting a 
     sustainable, long-term revenue source; and
       (12) payments made by the Federal Government could be 
     continued under a variety of different payment methodologies.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Secretaries concerned.--The term ``Secretaries 
     concerned'' means--
       (A) the Secretary of Agriculture; and
       (B) the Secretary of the Interior.
       (2) State.--The term ``State'' means the State of Oregon.
       (3) Task force.--The term ``Task Force'' means the Oregon 
     Task Force on Sustainable Revenue for Counties established by 
     section 4(a).

     SEC. 4. TASK FORCE.

       (a) Establishment.--There is established a task force to be 
     known as the ``Oregon Task Force on Sustainable Revenue for 
     Counties''.
       (b) Membership.--
       (1) Composition.--The Task Force shall be composed of 15 
     members, of whom--
       (A) 4 members shall be appointed by the Secretaries 
     concerned, of whom--
       (i) each shall represent a county of the State; and
       (ii) 2 shall represent counties in which there is located 
     Oregon and California grant land;
       (B) 1 member shall be appointed by the Governor of the 
     State as the representative of the Governor of the State;
       (C) 1 member shall be appointed by the Secretaries 
     concerned from among persons who are experts in economics 
     (including natural resource economics);
       (D) 1 member shall be appointed by the Secretaries 
     concerned from among persons who are experts in sustainable 
     forestry practices;
       (E) 1 member shall be appointed by the Secretaries 
     concerned from among persons who are experts in scientific 
     and economic aspects of biomass energy;
       (F) 1 member shall be appointed by the Secretaries 
     concerned from among persons

[[Page S4762]]

     who are experts in the scientific aspects of ecosystem 
     services that are provided by temperate forests (including, 
     at a minimum, the scientific aspects of carbon 
     sequestration);
       (G) 1 member shall be appointed by the Secretaries 
     concerned from among persons who are experts in fields 
     relating to wildlife habitat, endangered species, and 
     biodiversity;
       (H) 1 member shall be appointed by the Secretaries 
     concerned as a representative of the forest products industry 
     located in the State;
       (I) 1 member shall be appointed by the Secretaries 
     concerned as a representative of regionally or locally 
     recognized conservation organizations located in the State;
       (J) 1 member shall be appointed by the Secretaries 
     concerned as a representative of--
       (i) organized labor; or
       (ii) nontimber forest product harvester groups;
       (K) 1 member shall be appointed by the Secretaries 
     concerned as a representative of persons who participate in 
     or provide recreational activities or are engaged in related 
     activities; and
       (L) 1 member shall be appointed by the Secretaries 
     concerned as a representative of Indian tribes that are 
     located in the State.
       (2) Date of appointments.--The appointment of a member of 
     the Task Force shall be made not later than 60 days after the 
     date of enactment of this Act.
       (c) Term; Vacancies.--
       (1) Term.--A member shall be appointed for the life of the 
     Task Force.
       (2) Vacancies.--A vacancy on the Task Force--
       (A) shall not affect the powers of the Task Force; and
       (B) shall be filled in the same manner as the original 
     appointment was made.
       (d) Initial Meeting.--Not later than 30 days after the date 
     on which all members of the Task Force have been appointed, 
     the Task Force shall hold the initial meeting of the Task 
     Force.
       (e) Meetings.--
       (1) In general.--The Task Force shall meet at the call of 
     the Chairperson.
       (2) Public access.--Each meeting of the Task Force shall be 
     open to the public.
       (f) Quorum.--A majority of the members of the Task Force 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       (g) Chairperson and Vice Chairperson.--The Task Force shall 
     select a Chairperson and Vice Chairperson from among the 
     members of the Task Force.

     SEC. 5. DUTIES.

       (a) Consideration and Review of Revenue Sources.--
       (1) In general.--The Task Force shall consider and review 
     concepts for the establishment of a long-term revenue source 
     for counties located in the State that have historically 
     received Federal funds.
       (2) Revenue sources.--In conducting the consideration and 
     review under paragraph (1), in accordance with paragraph (3), 
     the Task Force shall consider--
       (A) revenue sources proposed by relevant legislation or 
     administrative actions;
       (B) payments based on timber harvests (including thinning 
     to restore forest health) carried out at sustainable levels;
       (C) payments based on revenues that each county of the 
     State could have received through property taxation if the 
     land owned by the Federal Government located in the county 
     was privately held and subject to a property tax;
       (D) revenue based on--
       (i) a portion of the proceeds from sales of material 
     collected from public land located in the State for the 
     production of biomass electricity or cellulosic liquid 
     transportation fuels;
       (ii) user fees for recreational activities carried out on 
     public land located in the State;
       (iii) payments for increases in carbon sequestration; and
       (iv) land exchanges or transfers that could provide 
     compensation for nontaxable Federal land located in counties 
     of the State;
       (E) local sources of revenue that could be used to reduce 
     or eliminate the reliance of counties of the State on Federal 
     funds (including taxes, user fees, or economic development 
     activities that could increase the revenue base of the 
     counties of the State);
       (F) payments made by the Federal Government to the counties 
     of the State, including--
       (i) guaranteed payments that are to be established at a 
     reduced level and not based on timber harvest revenues; and
       (ii) guaranteed payments that are to be established--

       (I) at a level similar to the level of payments 
     reauthorized in 2008;
       (II) in part by timber harvest revenues; and
       (III) with the use of additional Federal funds to the 
     extent that timber harvest revenues described in subclause 
     (II) do not meet the guaranteed level of payment; and

       (G) any other revenue source that the Task Force determines 
     to be appropriate for consideration and review.
       (3) Factors.--In considering each revenue source under 
     paragraph (2), the Task Force shall take into account--
       (A) the long-term sustainability of each revenue source 
     considered under paragraph (2);
       (B) the relative value, long-term sustainability, and any 
     other implication of the relative reliance of the counties of 
     the State on revenues arising from Federal forests located in 
     the counties, as compared to other local revenue sources;
       (C) the potential long-term effects of each revenue source 
     considered under paragraph (2) on the economies of the 
     counties of the State;
       (D) revenue sources that are used by other cities or 
     counties of the State;
       (E) the environmental effects of each revenue source 
     considered under paragraph (2);
       (F) the effect of each revenue source considered under 
     paragraph (2) on local revenue streams and county services; 
     and
       (G) comments submitted to the Task Force by a stakeholder 
     relating to any issue or proposal considered by the Task 
     Force.
       (b) Hearings.--
       (1) In general.--The Task Force shall hold such hearings, 
     meet and act at such times and places, take such testimony, 
     and receive such evidence as the Task Force considers 
     advisable to receive the input and determine the opinions of 
     the public and stakeholders with respect to the establishment 
     of a sustainable, long-term revenue source for the counties 
     of the State.
       (2) Incorporation of public and stakeholder input.--In 
     preparing the report required under subsection (c), the Task 
     Force shall incorporate into the recommendations of the Task 
     Force required under subsection (c)(2), to the maximum extent 
     practicable, the public and stakeholder input received under 
     paragraph (1).
       (c) Report.--Not later than 9 months after the date of 
     enactment of this Act, the Task Force shall submit to the 
     Committee on Natural Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a report that contains--
       (1) a detailed statement of the findings and conclusions of 
     the Task Force;
       (2) a description of not less than 2 policy scenarios for 
     providing sustainable revenue to the counties of the State 
     that are recommended by not less than \3/5\ of the members of 
     the Task force for consideration by the Federal Government, 
     the State, and the counties of the State as the Task Force 
     considers appropriate (including such legislation and 
     administrative actions necessary to implement each policy 
     scenario);
       (3) a description of the opinion of each member of the Task 
     Force regarding each policy scenario described in paragraph 
     (2);
       (4) a description of the minority views of each member of 
     the Task Force who does not support any policy scenario 
     described in paragraph (2);
       (5) a description of each revenue source considered but not 
     recommended by the Task Force under paragraph (2), 
     including--
       (A) an explanation of each reason why the Task Force did 
     not recommend the policy scenario; and
       (B) a description of the minority views of each member of 
     the Task Force relating to the decision by the Task Force not 
     to recommend the policy scenario; and
       (6) a summary of comments received by the Task Force under 
     subsections (a)(3)(G) and (b)(1).
       (d) Required Hearings.--Not later than 60 days after the 
     date on which each committee described in subsection (c) 
     receives the report required under that subsection, each 
     committee shall hold a hearing to evaluate the 
     recommendations contained in the report.

     SEC. 6. POWERS.

       (a) Information From Federal Agencies.--
       (1) In general.--The Task Force may secure directly from a 
     Federal agency such information as the Task Force considers 
     necessary to carry out this Act.
       (2) Provision of information.--On request of the 
     Chairperson of the Task Force, the head of the agency shall 
     provide the information to the Task Force.
       (b) Postal Services.--The Task Force may use the United 
     States mails in the same manner and under the same conditions 
     as other agencies of the Federal Government.
       (c) Gifts.--The Task Force may accept, use, and dispose of 
     gifts or donations of services or property.

     SEC. 7. TASK FORCE PERSONNEL MATTERS.

       (a) Compensation of Members.--Each member of the Task Force 
     shall serve without compensation.
       (b) Travel Expenses.--A member of the Task Force shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of the duties of the Task 
     Force.
       (c) Detail of Federal Government Employees.--
       (1) In general.--An employee of the Federal Government may 
     be detailed to the Task Force without reimbursement.
       (2) Civil service status.--The detail of the employee shall 
     be without interruption or loss of civil service status or 
     privilege.
       (d) Procurement of Temporary and Intermittent Services.--
     The Chairperson of the Task Force may procure temporary and 
     intermittent services in accordance with section 3109(b) of 
     title 5, United States Code, at rates for individuals that do 
     not exceed the daily equivalent of the annual rate of basic 
     pay prescribed for level V of the Executive Schedule under 
     section 5316 of that title.

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act, to remain available until 
     expended.

[[Page S4763]]

     SEC. 9. TERMINATION OF TASK FORCE.

       The Task Force shall terminate 120 days after the date on 
     which the Task Force submits the report of the Task Force 
     under section 5(c).

                          ____________________