[Congressional Record Volume 155, Number 62 (Monday, April 27, 2009)]
[Senate]
[Pages S4757-S4760]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      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.
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