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 123STA T . 1 74 2 PUBLIC LA W 111 – 24 —M A Y 22, 2 0 0 9‘ ‘ (n)STAND A R D SAP P LIC A B L E T OI NITIAL ISS U ANCE O F SUBPRI M E OR‘ F EE H AR V ESTER ’C ARDS .— ‘‘( 1 )IN G ENERAL.—I fthe te rmso f ac re di t card acco u nt under an o p en end consumer credit p l an re q uire the pa y ment of any fees (other than any late fee, o v er - the-limit fee, or fee for a payment returned for insufficient funds) b y the con- sumer in the first year durin gw hich the account is opened in an aggregate amount in e x cess of 25 percent of the total amount of credit authori z ed under the account when the account is opened, no payment of any fees (other than any late fee, over-the-limit fee, or fee for a payment returned for insufficient funds) may be made from the credit made available under the terms of the account. ‘‘(2) R ULE OF CONSTRUCTION.— N o provision of this sub- section may be construed as authorizing any imposition or payment of advance fees otherwise prohibited by any provision of law.’’. SEC.106 . RUL ES RE GA R DIN G P ERI O DIC S T ATE M ENTS. (a) IN G ENERAL.—Section 12 7 of the T ruth in L ending Act (15 U .S.C. 1 63 7) is amended by adding at the end the following ‘‘(o) D UE DATES FOR CREDIT CARD ACCOUNTS.— ‘‘(1) IN GENERAL.—The payment due date for a credit card account under an open end consumer credit plan shall be the same day each month. ‘‘(2) W EE K END OR H OLIDA Y DUE DATES.—If the payment due date for a credit card account under an open end consumer credit plan is a day on which the creditor does not receive or accept payments by mail (including wee k ends and holidays), the creditor may not treat a payment received on the next business day as late for any purpose.’’. (b) LENGTH OF B ILLING P ERIOD.— (1) IN GENERAL.—Section 163 of the Truth in Lending Act (15 U.S.C. 1666b) is amended to read as follows: ‘ ‘SEC. 16 3 . TIMING O F PA Y MENTS. ‘‘(a) TIME TO M AKE PAYMENTS.—A creditor may not treat a payment on an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 127(b) is mailed or delivered to the consumer not later than 21 days before the payment due date. ‘‘(b) GRACE PERIOD.—If an open end consumer credit plan pro- vides a time period within which an obligor may repay any portion of the credit extended without incurring an additional finance charge, such additional finance charge may not be imposed with respect to such portion of the credit extended for the billing cycle of which such period is a part, unless a statement which includes the amount upon which the finance charge for the period is based was mailed or delivered to the consumer not later than 21 days before the date specified in the statement by which payment must be made in order to avoid imposition of that finance charge.’’. (2) E FFECTIVE DATE.—Notwithstanding section 3, section 163 of the Truth in Lending Act, as amended by this subsection, shall become effective 90 days after the date of enactment of this Act. (c) CLERICAL AMENDMENTS.—The table of sections for chapter 4 of the Truth in Lending Act is amended— 15USC 1 6 66 bnote.D e adli ne s .


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 123STA T . 1 74 3 PUBLIC LA W 111 – 24 —M A Y 22, 2 0 0 9(1)bystrik i ng t he ite m re la ting t o se c tion 1 63 an d inserting the f ollo w ing

‘ 163.Tim i ngofpay m e n ts . ’ ’ an d ( 2 ) by striking the item relating to section 1 7 1 and inserting the following: ‘‘1 7 1. U ni v e r sa l defa u lts pro h i b ited. ‘‘17 2 . Unilateral c hanges in credit card agreement prohibited. ‘‘173. A pplicability of S tate la w s.’’. SEC.107 .E NHA NCE DP ENA LTI ES. S ection 13 0 (a)(2)( A ) of the T r u th in L ending Act (1 5U. S. C . 16 4 0(a)(2)(A)) is amended by striking ‘ ‘or (iii) in the ’ ’ and inserting the following: ‘‘(iii) in the case of an indi v idual action relating toano p en end consumer credit plan that is not secured by real property or a dwelling , twice the amount of any finance charge in connection with the transaction, with a minimum of $ 500 and ama x imum of $5,000, or such higher amount as may be appropriate in the case of an established pattern or practice of such failures or (iv) in the’’. SEC. 10 8 . CLE R ICAL A M ENDMENTS. Section 103(i) of the Truth in Lending Act (15 U.S.C. 1602(i)) is amended — (1) by striking ‘‘term’’ and all that follows through ‘‘means’’ and inserting the following: ‘‘terms ‘open end credit plan’ and ‘open end consumer credit plan’ mean’’; and (2) in the second sentence, by inserting ‘‘or open end con - sumer credit plan’’ after ‘‘credit plan’’ each place that term appears. SEC. 10 9 .C O NSIDERATION O F A B ILIT Y TO REPAY. (a) INGE NE RAL .—Chapter 3 of the Truth in Lending Act (15 U.S.C. 1666 et se q .), as amended by this title, is amended by adding at the end the following: ‘ ‘SEC. 1 5 0. CONSIDERATION OF ABILITY TO REPAY. ‘‘A card issuer may not open any credit card account for any consumer under an open end consumer credit plan, or increase any credit limit applicable to such account, unless the card issuer considers the ability of the consumer to make the required payments under the terms of such account.’’. (b) CLER IC ALA M EN D MEN T .—Chapter 3 of the Truth in Lending Act (15 U.S.C. 1661 et seq.) is amended in the table of sections for the chapter, by adding at the end the following: ‘‘1 50 . C onsideration of ability to repay.’’. TI T LE II — E NHA N C E D C O N SUM E R DISCLOSURES SEC. 2 01. PAYOFF TIMIN G DISCLOS U RES. (a) IN GENERAL.—Section 127(b)(11) of the Truth in Lending Act (15 U.S.C. 1637(b)(11)) is amended to read as follows: ‘‘(11)(A) A written statement in the following form: ‘ M in- imum P ayment W arning: Making only the minimum payment will increase the amount of interest you pay and the time 15USC 1 6 65 e.

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 123STA T . 1 74 4 PUBLIC LA W 111 – 24 —M A Y 22, 2 0 0 9it t akes t or e p a y yo u r b a l a nc e .’, or suc h si m ilar statement as is establishe d by the B oard pursuant to consumer testin g . ‘ ‘ ( B )R epayment in f ormation that w ould apply to the out - standing balance of the consumer under the credit plan, including — ‘‘(i) the number of months (rounded to the nearest month) that it would take to pay the entire amount of that balance, if the consumer pays only the re q uired min- imum monthly payments and if no further ad v ances are made ‘‘(ii) the total cost to the consumer, including interest and principal payments, of paying that balance in full, if the consumer pays only the required minimum monthly payments and if no further advances are made; ‘‘(iii) the monthly payment amount that would be required for the consumer to eliminate the outstanding balance in 36 months, if no further advances are made, and the total cost to the consumer, including interest and principal payments, of paying that balance in full if the consumer pays the balance over 36 months; and ‘‘(iv) a toll-free telephone number at which the con- sumer may receive information about accessing credit coun- seling and debt management services. ‘‘( C )(i) S ub j ect to clause (ii), in making the disclosures under subparagraph (B), the creditor shall apply the interest rate or rates in effect on the date on which the disclosure is made until the date on which the balance would be paid in full. ‘‘(ii) I f the interest rate in effect on the date on which the disclosure is made is a temporary rate that will change under a contractual provision applying an inde x or formula for subsequent interest rate adjustment, the creditor shall apply the interest rate in effect on the date on which the disclosure is made for as long as that interest rate will apply under that contractual provision, and then apply an interest rate based on the index or formula in effect on the applicable billing date. ‘‘( D ) A ll of the information described in subparagraph (B) shall— ‘‘(i) be disclosed in the form and manner which the Board shall prescribe, by regulation, and in a manner that avoids duplication; and ‘‘(ii) be placed in a conspicuous and prominent location on the billing statement. ‘‘( E ) In the regulations prescribed under subparagraph (D), the Board shall require that the disclosure of such information shall be in the form of a table that— ‘‘(i) contains clear and concise headings for each item of such information; and ‘‘(ii) provides a clear and concise form stating each item of information required to be disclosed under each such heading. ‘‘( F ) In prescribing the form of the table under subpara- graph (E), the Board shall require that— ‘‘(i) all of the information in the table, and not just a reference to the table, be placed on the billing statement, as required by this paragraph; and Regulations.


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 123STA T . 1 745PUBLIC LA W 111 – 24 —M A Y 22, 2 0 0 9‘ ‘ (i i )the ite msr e qu ire d t ob ei ncl uded in the t a ble shall be listed in the order in w hich such items are set f orth in sub p ara g raph ( B ) . ‘‘( G ) I n prescribing the form of the table under subpara - graph ( D ) , the Board shall emplo y terminology which is dif- ferent than the terminology which is employed in subparagraph (B), if such terminology is more easily understood and con v eys substantially the same meaning. ’ ’. (b) CIV I LL I AB ILI TY . —S ection 130 (a) of the T ruth in Lending A ct (1 5U .S.C. 1 64 0(a)) is amended, in the undesignated paragraph following paragraph (4), by stri k ing the second sentence and inserting the following ‘‘In connection with the disclosures referred to in subsections (a) and (b) of section 1 27, a creditor shall have a liability determined under paragraph (2) only for failing to comply with the requirements of section 125, 127(a), or any of paragraphs (4) through (13) of section 127(b), or for failing to comply with disclosure requirements under State law for any term or item that the Board has determined to be substantially the same in meaning under section 111(a)(2) as any of the terms or items referred to in section 127(a), or any of paragraphs (4) through (13) of section 127(b).’’. (c) G U I DE LI N E SR E Q UI R ED.— (1) IN G ENERAL.— N ot later than 6 months after the date of enactment of this Act, the Board shall issue guidelines, by rule, in consultation with the Secretary of the Treasury, for the establishment and maintenance by creditors of a toll- free telephone number for purposes of providing information about accessing credit counseling and debt management serv- ices, as required under section 127(b)(11)(B)(iv) of the Truth in Lending Act, as added by this section. (2) A P PR O VED AGEN C IES.—Guidelines issued under this sub- section shall ensure that referrals provided by the toll-free number referred to in paragraph (1) include only those nonprofit budget and credit counseling agencies approved by a United States bankruptcy trustee pursuant to section 111(a) of title 11, United States Code. SEC.20 2. R E QUI RE M E NT SRE LA TIN G T O LATE P A Y MENT D EADLINES AND PENALTIES. Section 127(b)(12) of the Truth in Lending Act (15 U.S.C. 1637(b)(12)) is amended to read as follows: ‘‘(12) REQUIRE M ENTS RELATING TO LATE PAYMENT DEAD- LINES AND PENALTIES.— ‘‘(A) LATE PAYMENT DEADLINE REQUIRED TO BE DIS- CLOSED.—In the case of a credit card account under an open end consumer credit plan under which a late fee or charge may be imposed due to the failure of the obligor to make payment on or before the due date for such pay- ment, the periodic statement required under subsection (b) with respect to the account shall include, in a con- spicuous location on the billing statement, the date on which the payment is due or, if different, the date on which a late payment fee will be charged, together with the amount of the fee or charge to be imposed if payment is made after that date. ‘‘(B) DISCLOSURE O F INCREASE IN INTEREST RATES FOR LATE PAYMENTS.—If 1 or more late payments under an Notice.D e adl i n e. C o m m u nication s and tele - communications. 15US C1 637 note.


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 123STA T . 1 746PUBLIC LA W 111 – 24 —M A Y 22, 2 0 0 9open en dc on sum e r cred it p la nma y result in an increase int h e annual percenta g e rate applica b le to the account , the statement re q uired under subsection ( b )w ith respect to the account shall include conspicuous notice o f such fact, together with the applicable penalty annual percent - age rate, in close pro x imity to the disclosure required under subparagraph ( A ) of the date on which payment is due under the terms of the account .‘ ‘( C ) PAYMENTS AT LOC AL BR ANC H ES. —I f the creditor, in the case of a credit card account referred to in subpara- graph (A), is a financial institution which maintains branches or offices at which payments on any such account are accepted from the obligor in person, the date on which the obligor ma k es a payment on the account at such branch or office shall be considered to be the date on which the payment is made for purposes of determining whether a late fee or charge may be imposed due to the failure of the obligor to make payment on or before the due date for such payment. ’ ’. SEC.203 . R E N E WALDI SCL O S U RES. S ection 127 (d) of the T ruth in L ending Act (1 5U .S.C. 1 63 7(d)) is amended— (1) by striking paragraph (2) (2) by redesignating paragraph (3) as paragraph (2); and (3) in paragraph (1), by striking ‘‘ E xcept as pro v ided in paragraph (2), a card issuer’’ and inserting the following ‘‘A card issuer that has changed or amended any term of the account since the last renewal that has not been previously disclosed or’’. SEC. 20 4 .IN T ERNET P OSTIN G O F CREDIT CARD AGREE M ENTS. (a) IN G ENERAL.—Section 122 of the Truth and Lending Act (15 U.S.C. 1632) is amended by adding at the end the following new subsection: ‘‘(d) A D D I TIONAL ELECTRONIC D ISCLOS U RES.— ‘‘(1) POSTIN G AGREEMENTS.—Each creditor shall establish and maintain an Internet site on which the creditor shall post the written agreement between the creditor and the con- sumer for each credit card account under an open-end consumer credit plan. ‘‘(2) CREDITOR TO P RO V IDE CONTRACTS TO THE BOARD.— Each creditor shall provide to the B oard, in electronic format, the consumer credit card agreements that it publishes on its Internet site. ‘‘(3) R ECORD REPOSITORY.—The Board shall establish and maintain on its publicly available Internet site a central reposi- tory of the consumer credit card agreements received from creditors pursuant to this subsection, and such agreements shall be easily accessible and retrievable by the public. ‘‘( 4 )E X CEPTION.—This subsection shall not apply to individ- ually negotiated changes to contractual terms, such as individ- ually modified workouts or renegotiations of amounts owed by a consumer under an open end consumer credit plan. ‘‘(5) REGULATIONS.—The Board, in consultation with the other F ederal banking agencies (as that term is defined in Public i nformat ion.


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 123STA T . 1 74 7 PUBLIC LA W 111 – 24 —M A Y 22, 2 0 0 9section603)a n d t h e F ede r a lT rade C o m mission , ma yp rom u l -g ate regulations to implement this su b section, including speci- f ying the format for posting the agreements on the I nternet sites of creditors and establishing e x ceptions to paragraphs (1 )and( 2 ), in any case in w hich the administrati v e burden outweighs the benefit of increased transparency, such as where a credit card plan has a de minimis number of consumer account holders .’ ’. SEC.205 . PR E V E NTIO NO FD ECEPTIVE MA R K ETIN G OF CREDIT REPORTS. (a) PREV E NTI N GD E C E P TIVE MA R K ETING. —S ection 612 of the Fair Credit R eporting A ct (1 5U .S.C. 16 8 1 j ) is amended by adding at the end the following

‘(g) PREVENTI O NO F DECEPTIVE MARKETING OF CRE D IT REPORT S .— ‘‘(1) IN GENERA L .—Subject to rulema k ing pursuant to sec- tion 205(b) of the Credit CARD Act of 200 9, any advertisement for a free credit report in any medium shall prominently disclose in such advertisement that free credit reports are available under Federal law at: ‘AnnualCreditReport.com’ (or such other source as may be authori z ed under Federal law). ‘‘(2) TELEVISION AND RADIO ADVERTISE M ENT.—In the case of an advertisement broadcast by television, the disclosures re q uired under paragraph (1) shall be included in the audio and visual part of such advertisement. In the case of an advertisement broadcast by televison or radio, the disclosure required under paragraph (1) shall consist only of the following: ‘This is not the free credit report provided for by Federal law’.’’. (b) R U LEMAKING.— (1) IN GENERAL.— N ot later than 9 months after the date of enactment of this Act, the Federal Trade Commission shall issue a final rule to carry out this section. (2) CONTENT.—The rule required by this subsection— (A) shall include specific wording to be used in advertisements in accordance with this section and ( B ) for advertisements on the Internet, shall include whether the disclosure required under section 612(g)(1) of the Fair Credit Reporting Act (as added by this section) shall appear on the advertisement or the website on which the free credit report is made available. (3) INTERIM DISCLOSURES.—If an advertisement subject to section 612(g) of the Fair Credit Reporting Act, as added by this section, is made public after the 9-month deadline specified in paragraph (1), but before the rule required by paragraph (1) is finalized, such advertisement shall include the disclosure: ‘‘Free credit reports are available under Federal law at: ‘AnnualCreditReport.com’.’’. TI T LE III —PRO TE C TIO N O FY O U N G CON S U M ERS SEC. 3 0 1 .E X TENSIONS OF CREDIT TO U NDERAGE CONSUMERS. Section 12 7 (c) of the Truth in L ending Act (15 U.S.C. 1637(c)) is amended by adding at the end the following: Deadlin e .15USC 1 68 1 j n ot e.


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 123STA T . 1 748PUBLIC LA W 111 – 24 —M A Y 22, 2 0 0 9‘ ‘ (8)AP P LICAT I ONSFR O MU N DE RA G E CONSUMERS .— ‘‘(A) P RO H I B ITION ON ISSUANCE.— Nocredit c a rd m a yb ei s s u ed to , oro p e n end consumer credit p l an establis h ed by or on behal f of, a consumer w ho has not attained the a g eof 21, unless the consumer has submitted a written application to the card issuer that meets the re q uirements of subparagraph ( B ). ‘‘(B) APPLICATION RE Q UIREMENTS.—An application to open a credit card account by a consumer who has not attained the age of 21 as of the date of submission of the application shall require— ‘‘(i) the signature of a cosigner, including the parent, legal guardian, spouse, or any other indi v idual who has attained the age of 21 having a means to repay debts incurred by the consumer in connection with the account, indicating j oint liability for debts incurred by the consumer in connection with the account before the consumer has attained the age of 21 or ‘‘(ii) submission by the consumer of financial information, including through an application, indi - cating an independent means of repaying any obliga- tion arising from the proposed e x tension of credit in connection with the account. ‘‘( C ) S AFE HARBOR.— T he Board shall promulgate regu- lations providing standards that, if met, would satisfy the requirements of subparagraph (B)(ii). ’ ’. SEC.302 . PROT ECT I O N O FY O U N G CONSU M ERS FROM PRESCREENE D CREDIT OFFERS. Section 604 (c)(1)(B) of the F air Credit R eporting Act (1 5U .S.C. 1681b(c)(1)(B)) is amended— (1) in clause (ii), by stri k ing ‘‘and’’ at the end; and (2) in clause (iii), by striking the period at the end and inserting the following ‘‘; and ‘‘(iv) the consumer report does not contain a date of birth that shows that the consumer has not attained the age of 21, or, if the date of birth on the consumer report shows that the consumer has not attained the age of 21, such consumer consents to the consumer reporting agency to such furnishing.’’. SEC. 303. ISSU A NCE OF CREDIT CARDS TO CERTAIN CO L LEGE STU - DENTS. Section 12 7 of the Truth in L ending Act (15 U.S.C. 16 3 7) is amended by adding at the end the following new subsection: ‘‘(p) PARENTAL APPRO V AL REQUIRED TO I NCREASE CREDIT LINES FOR ACCOUNTS FOR W HICH PARENT IS J OINTL Y LIABLE.—No increase may be made in the amount of credit authori z ed to be extended under a credit card account for which a parent, legal guardian, or spouse of the consumer, or any other individual has assumed joint liability for debts incurred by the consumer in connection with the account before the consumer attains the age of 21, unless that parent, guardian, or spouse approves in writing, and assumes joint liability for, such increase.’’. Regulations.


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 123STA T . 1 749PUBLIC LA W 111 – 24 —M A Y 22, 2 0 09 SEC.304 . PRIVA C Y PR OT ECTIO N S F OR CO L LE G EST UD ENTS. Section140 o f t h e Tru th in L en d in gA ct ( 1 5U. S. C . 1 6 50 ) i sam ended by adding at the end the fo l lo w ing

‘(f) C REDIT C A RD P R O TE C TIO NSF OR CO L LE G EST U DENTS. — ‘‘(1) D ISCLOSURE RE Q UIRED.—An institution of higher edu - cation shall p ublicly disclose any contract or other agreement made with a card issuer or creditor for the purpose of mar k eting a credit card. ‘‘( 2 ) I NDUCE M ENTS P RO H I B ITED.— N o card issuer or creditor may offer to a student at an institution of higher education any tangible item to induce such student to apply for or partici- pate in an open end consumer credit plan offered by such card issuer or creditor , if such offer is made— ‘‘(A) on the campus of an institution of higher edu- cation ‘‘( B ) near the campus of an institution of higher edu- cation, as determined by rule of the Board; or ‘‘(C) at an e v ent sponsored by or related to an institu- tion of higher education. ‘‘( 3 ) SENSE OF THE CONGRESS.—It is the sense of the Con- gress that each institution of higher education should consider adopting the following policies relating to credit cards: ‘‘(A) That any card issuer that markets a credit card on the campus of such institution notify the institution of the location at which such marketing will take place. ‘‘(B) That the number of locations on the campus of such institution at which the marketing of credit cards takes place be limited. ‘‘(C) That credit card and debt education and counseling sessions be offered as a regular part of any orientation program for new students of such institution. ’ ’. SEC. 30 5 . COLLEGE CREDIT CARD AGREE M ENTS. (a) IN G ENERAL.—Section 12 7 of the Truth in Lending Act (15 U.S.C. 1637), as otherwise amended by this Act, is amended by adding at the end the following: ‘‘(r) COLLEGE CARD AGREEMENTS.— ‘‘(1) DEFINITIONS.— F or purposes of this subsection, the fol- lowing definitions shall apply: ‘‘(A) COLLEGE AFFINIT Y CARD.—The term ‘college affinity card’ means a credit card issued by a credit card issuer under an open end consumer credit plan in con j unc- tion with an agreement between the issuer and an institu- tion of higher education, or an alumni organi z ation or foundation affiliated with or related to such institution, under which such cards are issued to college students who have an affinity with such institution, organization and— ‘‘(i) the creditor has agreed to donate a portion of the proceeds of the credit card to the institution, organization, or foundation (including a lump sum or 1-time payment of money for access); ‘‘(ii) the creditor has agreed to offer discounted terms to the consumer; or ‘‘(iii) the credit card bears the name, emblem, mascot, or logo of such institution, organization, or foundation, or other words, pictures, or symbols readily


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 123STA T . 1 750PUBLIC LA W 111 – 2 4—M A Y 22, 200 9ident i f ied w it hsuc h instituti o n , o rga ni z ation, or foundation .‘ ‘ (B)COL L EG E STUD E N T CR ED I TC A RD ACCOUNT. —T he ter m ‘co l lege student credit card account ’ means a credit card account under an o p en end consumer credit plan esta b lished or maintained for or on behalf of an y college student. ‘‘(C) COLLEGE STUDENT.—The term ‘college student’ means an indi v idual who is a full - time or a part-time student attending an institution of higher education. ‘‘( D ) I NSTITUTION O FH IGHER EDUCATION.—The term ‘institution of higher education’ has the same meaning as in section 10 1and10 2 of the H igher E ducation A ct of1 965 (20 U . S .C. 1001 and 1002). ‘‘(2) R E P ORTS BY CREDITORS.— ‘‘(A) IN GENERAL.—Each creditor shall submit an annual report to the Board containing the terms and condi- tions of all business, mar k eting, and promotional agree- ments and college affinity card agreements with an institu- tion of higher education, or an alumni organization or foundation affiliated with or related to such institution, with respect to any college student credit card issued to a college student at such institution. ‘‘(B) DETAILS OF REPORT.—The information re q uired to be reported under subparagraph (A) includes— ‘‘(i) any memorandum of understanding between or among a creditor, an institution of higher education, an alumni association, or foundation that directly or indirectly relates to any aspect of any agreement referred to in such subparagraph or controls or directs any obligations or distribution of benefits between or among any such entities ‘‘(ii) the amount of any payments from the creditor to the institution, organization, or foundation during the period covered by the report, and the precise terms of any agreement under which such amounts are deter- mined; and ‘‘(iii) the number of credit card accounts covered by any such agreement that were opened during the period covered by the report, and the total number of credit card accounts covered by the agreement that were outstanding at the end of such period. ‘‘(C) AGGREGATION BY INSTITUTION.—The information required to be reported under subparagraph (A) shall be aggregated with respect to each institution of higher edu- cation or alumni organization or foundation affiliated with or related to such institution. ‘‘(D) INITIAL REPORT.—The initial report required under subparagraph (A) shall be submitted to the Board before the end of the 9-month period beginning on the date of enactment of this subsection. ‘‘( 3 ) REPORTS BY BOARD.—The Board shall submit to the Congress, and make available to the public, an annual report that lists the information concerning credit card agreements submitted to the Board under paragraph (2) by each institution of higher education, alumni organization, or foundation.’’. (b) STUDY AND REPORT BY THE CO M PTROLLER G ENERAL.— 15USC 1 637note.Public in f o rma tion. T ime p erio d .


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 123STA T . 1 75 1 PUBLIC LA W 111 – 2 4—M A Y 22, 2 0 0 9(1)STUDY.—TheComptr o l ler G e n er a lo f the U n i te d State s shall , from time to time, re v ie w the reports s ub mitted b yc redi - tors under section 1 27 (r) of the Truth in L endin gA ct, as added by this section, and the mar k eting practices of creditors to determine the impact that college affinity card agreements and college student card agreements have on credit card debt. (2) REPOR T.—Upon completion of any study under para- graph (1), the Comptroller General shall periodically submit a report to the Congress on the findings and conclusions of the study, together with such recommendations for administra- tive or legislative action as the Comptroller General determines to be appropriate. TI T LE I V—G I F T CARDSSEC.401 . G E N E RAL-U SE P REPA ID CARDS , GI FT CERTIFICATES, AND ST O RE GIFT CARDS. The E lectronic F und Transfer Act (1 5 U.S.C. 1 693 et se q .) is amended— (1) by redesignating sections 915 through 921 as sections 916 through 922, respectively and (2) by inserting after section 91 4 the following

‘SEC. 9 1 5 . GENERAL-USE PREPAID CARDS, GIFT CERTIFICATES, AND STORE GIFT CARDS. ‘ ‘(a) D E FIN ITION S .— I n this section, the following definitions shall apply: ‘‘(1) DOR MA N C Y FEE; INACTI V ITY C H AR G E OR FEE.—The terms ‘dormancy fee ’ and ‘inactivity charge or fee’ mean a fee, charge, or penalty for non-use or inactivity of a gift certifi- cate, store gift card, or general-use prepaid card. ‘‘(2) GENERA L USE PREPAID CARD, GIFT CERTIFICATE, AND STORE GIFT CARD.— ‘‘(A) GENERAL-USE PREPAID CARD.—The term ‘general- use prepaid card’ means a card or other payment code or device issued by any person that is— ‘‘(i) redeemable at multiple, unaffiliated merchants or service providers, or automated teller machines; ‘‘(ii) issued in a requested amount, whether or not that amount may, at the option of the issuer, be increased in value or reloaded if requested by the holder; ‘‘(iii) purchased or loaded on a prepaid basis; and ‘‘(iv) honored, upon presentation, by merchants for goods or services, or at automated teller machines. ‘‘( B ) GIFT CERTIFICATE.—The term ‘gift certificate’ means an electronic promise that is— ‘‘(i) redeemable at a single merchant or an affili- ated group of merchants that share the same name, mark, or logo; ‘‘(ii) issued in a specified amount that may not be increased or reloaded; ‘‘(iii) purchased on a prepaid basis in e x change for payment; and 15USC 1 693l– 1 . 15 USC 1693 note, 1693 m –1693 r .


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 123STA T . 1 75 2 PUBLIC LA W 111 – 2 4—M A Y 22, 2 0 0 9‘ ‘ (iv)hon o redup on pre s en ta tion by su c h sin gl e m erchant or a f filiated group of merchants for goods or services . ‘‘( C ) STOREGIF T CA R D . —T he term ‘store gift card ’ means an electronic promise , plastic card, or other payment code or device that is— ‘‘(i) redeemable at a single merchant or an affili - ated group of merchants that share the same name, mar k , or logo ‘‘(ii) issued in a specified amount, w hether or not that amount may be increased in value or reloaded at the re q uest of the holder; ‘‘(iii) purchased on a prepaid basis in e x change for payment; and ‘‘(iv) honored upon presentation by such single merchant or affiliated group of merchants for goods or services. ‘‘( D ) EX C LUS IO N S.—The terms ‘general-use prepaid card’, ‘gift certificate’, and ‘store gift card’ do not include an electronic promise, plastic card, or payment code or device that is— ‘‘(i) used solely for telephone services; ‘‘(ii) reloadable and not marketed or labeled as a gift card or gift certificate; ‘‘(iii) a loyalty, award, or promotional gift card, as defined by the B oard; ‘‘(iv) not marketed to the general public; ‘‘(v) issued in paper form only (including for tickets and events); or ‘‘(vi) redeemable solely for admission to events or venues at a particular location or group of affiliated locations, which may also include services or goods obtainable— ‘‘( I ) at the event or venue after admission; or ‘‘(II) in con j unction with admission to such events or venues, at specific locations affiliated with and in geographic proximity to the event or venue. ‘‘( 3 ) SER V ICE FEE.— ‘‘( A ) IN GENERAL.—The term ‘service fee’ means a peri- odic fee, charge, or penalty for holding or use of a gift certificate, store gift card, or general-use prepaid card. ‘‘(B) EXCLUSION.— W ith respect to a general-use pre- paid card, the term ‘service fee’ does not include a one- time initial issuance fee. ‘‘(b) P RO H I B ITION ON I MP OSITION OF F EES OR CHARGES.— ‘‘( 1 ) IN GENERAL.—Except as provided under paragraphs ( 2 ) through ( 4 ), it shall be unlawful for any person to impose a dormancy fee, an inactivity charge or fee, or a service fee with respect to a gift certificate, store gift card, or general- use prepaid card. ‘‘(2) EXCEPTIONS.—A dormancy fee, inactivity charge or fee, or service fee may be charged with respect to a gift certifi- cate, store gift card, or general-use prepaid card, if—


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 123STA T . 1 75 3 PUBLIC LA W 111 – 2 4—M A Y 22, 2 0 0 9‘ ‘ (A)ther eh asb ee n n o a c t iv it yw ith res p ect to the certi f icate or car d in the 12-m onth period endin g on the date on which the charge or fee is imposed ‘‘( B ) the disc l os u re re q uirements of paragraph ( 3 ) have been met; ‘‘( C ) not more than one fee may be charged in any given month; and ‘‘( D ) any additional requirements that the Board may establish through rulema k ing under subsection (d) have been met . ‘‘(3) D ISCLO S URE RE Q UIRE M E NT S. —T he disclosure require- ments of this paragraph are met if— ‘‘(A) the gift certificate , store gift card, or general- use prepaid card clearly and conspicuously states— ‘‘(i) that a dormancy fee, inactivity charge or fee, or service fee may be charged; ‘‘(ii) the amount of such fee or charge; ‘‘(iii) how often such fee or charge may be assessed; and ‘‘(iv) that such fee or charge may be assessed for inactivity; and ‘‘(B) the issuer or vendor of such certificate or card informs the purchaser of such charge or fee before such certificate or card is purchased, regardless of whether the certificate or card is purchased in person, over the I nternet, or by telephone. ‘‘( 4 ) EX CLUSION.—The prohibition under paragraph (1) shall not apply to any gift certificate— ‘‘(A) that is distributed pursuant to an award, loyalty, or promotional program, as defined by the Board; and ‘‘(B) with respect to which, there is no money or other value e x changed. ‘‘(c) P RO H I B ITION ON SA LEO FG IFT CAR D S W ITH EX P IRATION DATES.— ‘‘(1) IN G ENERAL.—Except as provided under paragraph (2), it shall be unlawful for any person to sell or issue a gift certificate, store gift card, or general-use prepaid card that is sub j ect to an expiration date. ‘‘(2) EXCEPTIONS.—A gift certificate, store gift card, or gen- eral-use prepaid card may contain an expiration date if— ‘‘(A) the expiration date is not earlier than 5 years after the date on which the gift certificate was issued, or the date on which card funds were last loaded to a store gift card or general-use prepaid card; and ‘‘(B) the terms of expiration are clearly and conspicu- ously stated. ‘‘(d) ADDITIONAL R ULEMA K ING.— ‘‘(1) IN GENERAL.—The Board shall— ‘‘(A) prescribe regulations to carry out this section, in addition to any other rules or regulations required by this title, including such additional requirements as appro- priate relating to the amount of dormancy fees, inactivity charges or fees, or service fees that may be assessed and the amount of remaining value of a gift certificate, store gift card, or general-use prepaid card below which such charges or fees may be assessed; and Regulations.


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 123STA T . 1 754PUBLIC LA W 111 – 24 —M A Y 22, 2 0 0 9‘ ‘ (B)shal l det e rmin ethee x tent t ow hi c h the indi v id u al de f initions and p rovisions of the E lectronic F und T ransfer A ct or R e g ulation E should appl y to general - use prepaid cards , gift certificates, and store gift cards . ‘‘( 2 ) CONSULTA T I ON. —I n prescri b ing regulations under this subsection, the Board shall consult with the Federal Trade Commission. ‘‘( 3 )TI M IN G;EF FE C TI V E D ATE.—The regulations re q uired by this subsection shall be issued in final form not later than 9 months after the date of enactment of the Credit CAR D Actof2 0 09. ’ ’. SEC.402 . R E LATION TO STATE LA W S. S ection 920 of the Electronic Fund Transfer Act (as redesig- nated by this title) is amended by inserting ‘‘dormancy fees, inactivity charges or fees, service fees, or expiration dates of gift certificates, store gift cards, or general-use prepaid cards,’’ after ‘‘electronic fund transfers,’’. SEC. 40 3 .E F FECTI V E D ATE. This title and the amendments made by this title shall become effective 15 months after the date of enactment of this Act. TI T LEV—M I SC ELL AN E OU S PR OVISIONS SEC. 5 0 1 .ST U D Y AND RE P ORT ON INTERC H AN G E FEES. (a) STUD Y RE Q UI R ED.—The Comptroller G eneral of the U nited States (in this section referred to as the ‘‘Comptroller’’) shall conduct a study on use of credit by consumers, interchange fees, and their effects on consumers and merchants. (b) SU BJ ECTS FOR REVIE W .—In conducting the study required by this section, the Comptroller shall review— (1) the extent to which interchange fees are required to be disclosed to consumers and merchants, whether merchants are restricted from disclosing interchange or merchant discount fees, and how such fees are overseen by the Federal ban k ing agencies or other regulators; (2) the ways in which the interchange system affects the ability of merchants of varying si z e to negotiate pricing with card associations and banks; (3) the costs and factors incorporated into interchange fees, such as advertising, bonus miles, and rewards, how such costs and factors vary among cards; ( 4 ) the consequences of the undisclosed nature of inter- change fees on merchants and consumers with regard to prices charged for goods and services; (5) how merchant discount fees compare to the credit losses and other costs that merchants incur to operate their own credit networks or store cards; ( 6 ) the extent to which the rules of payment card networks and their policies regarding interchange fees are accessible to merchants; ( 7 ) other j urisdictions where the central bank has regulated interchange fees and the impact on retail prices to consumers in such jurisdictions; ( 8 ) whether and to what extent merchants are permitted to discount for cash; and 15USC 1 693l– 1 note. 15 USC 1693 q . D e adli ne.


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 123STA T . 1 75 5 PUBLIC LA W 111 – 2 4—M A Y 22, 2 0 0 9(9)the e x te n tt ow h ic h inte r ch a n g e f ee s a l low s m aller financial instit u tions an d credit unions to offer p a y ment cards and compete against larger financial institutions . (c) REPORT RE QUI RE D . —N ot later than 180 days after the date of enactment of this A ct , the C omptroller shall su b mit a report to the Committee on B an k ing, H ousing, and U rban Affairs of the S enate and the Committee on F inancial Ser v ices of the House of Representatives containing a detailed summary of the findings and conclusions of the study re q uired by this section, together with such recommendations for legislative or administrative actions as may be appropriate. SEC.502 . BOARD RE VI E W O F CO N S UM ER CREDI TPL ANS AND RE G ULA - TIONS. (a) REQUIRED RE V IE W .—Not later than 2 years after the effec - tive date of this Act and every 2 years thereafter, except as provided in subsection (c)(2), the Board shall conduct a review, within the limits of its existing resources available for reporting purposes, of the consumer credit card market, including— (1) the terms of credit card agreements and the practices of credit card issuers (2) the effectiveness of disclosure of terms, fees, and other expenses of credit card plans; ( 3 ) the adequacy of protections against unfair or deceptive acts or practices relating to credit card plans; and ( 4 ) whether or not, and to what extent, the implementation of this Act and the amendments made by this Act has affected— (A) cost and availability of credit, particularly with respect to non-prime borrowers; (B) the safety and soundness of credit card issuers; (C) the use of risk-based pricing; or ( D ) credit card product innovation. (b) SO L I C IT A TIO N O FP U B LIC CO M MENT.— I n connection with conducting the review required by subsection (a), the Board shall solicit comment from consumers, credit card issuers, and other interested parties, such as through hearings or written comments. (c) RE G ULATION S .— (1) NOTICE.—Following the review required by subsection (a), the Board shall publish a notice in the Federal Register that— (A) summari z es the review, the comments received from the public solicitation, and other evidence gathered by the Board, such as through consumer testing or other research; and (B) either— (i) proposes new or revised regulations or interpretations to update or revise disclosures and protections for consumer credit cards, as appropriate; or (ii) states the reason for the determination of the Board that new or revised regulations are not nec- essary. (2) REVISION OF REVIEW PERIOD FOLLOWING MATERIAL REVI- SION OF REGULATIONS.—In the event that the Board materially revises regulations on consumer credit card plans, a review need not be conducted until 2 years after the effective date of the revised regulations, which thereafter shall be treated Fed e ralR e gist er ,pub li c ati on.D eadlines. 15USC 1 6 16.


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 123STA T . 1 756PUBLIC LA W 111 – 2 4—M A Y 22, 2 0 0 9asthen e wd ate for the bi ennia l re v iew re qu ired b y subse c tion ( a ). (d) BOARDREP OR T TOT H E C O NG RE S S. —T he Board shall re p ort to Con g ress not less frequently than every 2 years , e x cept as pro - vided in subsection (c)(2), on the status of its m ost recent review, its efforts to address any issues identified from the review, and any recommendations for legislation. (e) A DD I TIONA L REPORTING.—The F ederal ban k ing agencies (as that term is defined in section 3 of the Federal D eposit I nsurance Act) and the Federal Trade Commission shall provide annually to the Board, and the Board shall include in its annual report to Congress under section 10 of the Federal Reserve Act, information about the supervisory and enforcement activities of the agencies with respect to compliance by credit card issuers with applicable Federal consumer protection statutes and regulations, including— (1) this Act, the amendments made by this Act, and regula- tions prescribed under this Act and such amendments and (2) section 5 of the Federal Trade Commission Act, and regulations prescribed under the Federal Trade Commission Act, including part 22 7 of title 12 of the Code of Federal Regulations, as prescribed by the Board (referred to as ‘ ‘Regula- tion AA ’ ’). SEC.503 .S TOR E DVALU E. (a) IN G ENERAL.— N ot later than 270 days after the date of enactment of this Act, the S ecretary of the Treasury, in consultation with the Secretary of H omeland Security, shall issue regulations in final form implementing the Bank Secrecy Act, regarding the sale, issuance, redemption, or international transport of stored value, including stored value cards. (b) CONSIDERATION O F INTERNATIONAL TRANSPORT.—Regula- tions under this section regarding international transport of stored value may include reporting requirements pursuant to section 531 6 of title 31, U nited States Code. (c) EM ERGING M ETHODS FOR TRANSMITTAL AND STORAGE IN ELE C TRONIC FORM.—Regulations under this section shall take into consideration current and future needs and methodologies for transmitting and storing value in electronic form. SEC. 50 4 . P ROCEDURE F ORT IM EL Y SETTLEME N T OF ESTATES OF DECEDENT O B LI G ORS. (a) IN GENERAL.—Chapter 2 of the Truth in L ending Act ( U.S.C. 1631 et seq.) is amended by adding at the end the following new section

‘ §140AProcedu re f or tim e lys ettleme n tofest a tes of decedent o b li g ors ‘‘The Board, in consultation with the Federal Trade Commission and each other agency referred to in section 10 8 (a), shall prescribe regulations to require any creditor, with respect to any credit card account under an open end consumer credit plan, to establish proce- dures to ensure that any administrator of an estate of any deceased obligor with respect to such account can resolve outstanding credit balances in a timely manner.’’. Regulations.15USC 1 6 51. 15 USC 16 3 1 ets e q . D ea d line. Regulations. 31 USC 5311 note.


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 123STA T . 1 75 7 PUBLIC LA W 111 – 2 4—M A Y 22, 2 0 0 9(b)CLERICA L AM E ND MEN T.—Theta b l e ofs e c t i o n sfo r cha p ter 2 of the Tr u th in L en d in g Actisa m ended b y inserting after the item relating to section 140 the follo w ing new item

‘ 140A.Procedu re f or tim e lys ettleme n tofest a tes of decedent o b li g ors ’ .’’. SEC.50 5. R E PO R T TO CO NG RESS ON RE DU CT I ONS O F CONSU M ER CREDIT C A RD L IMITS B ASED ON CERTAIN INFORMATION ASTOE X PERIENCE OR TRANSACTIONS OF T H E CON - SUMER. (a) R E PO RT ON CREDITOR P RACTICE S RE QU IRED.— B efore the endofthe1 - year period beginning on the date of enactment of this Act , the Board, in consultation with the Comptroller of the Currency, the D irector of the O ffice of Thrift S uper v ision, the F ed- eral Deposit I nsurance Corporation, the N ational Credit U nion Administration Board, and the Federal Trade Commission, shall submit a report to the Committee on Financial Services of the H ouse of Representatives and the Committee on Ban k ing, Housing, and Urban Affairs of the Senate on the e x tent to which, during the 3 -year period ending on such date of enactment, creditors have reduced credit limits or raised interest rates applicable to credit card accounts under open end consumer credit plans based on— (1) the geographic location where a credit transaction with the consumer took place, or the identity of the merchant involved in the transaction (2) the credit transactions of the consumer, including the type of credit transaction, the type of items purchased in such transaction, the price of items purchased in such transaction, any change in the type or price of items purchased in such transactions, and other data pertaining to the use of such credit card account by the consumer; and (3) the identity of the mortgage creditor which extended or holds the mortgage loan secured by the primary residence of the consumer. (b) OT H ER IN F ORMATION.—The report re q uired under subsection (a) shall also include— (1) the number of creditors that have engaged in the prac- tices described in subsection (a); (2) the extent to which the practices described in subsection (a) have an adverse impact on minority or low-income con- sumers; (3) any other relevant information regarding such practices; and (4) recommendations to the Congress on any regulatory or statutory changes that may be needed to restrict or prevent such practices. SEC. 50 6 . BOARD RE V IE W OF SMALL BUSINESS CREDIT PLANS AND RECOMMENDATIONS. (a) REQUIRED RE V IE W .—Not later than 9 months after the date of enactment of this Act, the Board shall conduct a review of the use of credit cards by businesses with not more than 5 0 employees (in this section referred to as ‘ ‘small businesses ’ ’) and the credit card market for small businesses, including— (1) the terms of credit card agreements for small businesses and the practices of credit card issuers relating to small businesses; Deadlin e .


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 123STA T . 1 758PUBLIC LA W 111 – 2 4—M A Y 22, 2 0 0 9(2)thead e qu a cyof d is c l osu r es of ter m s , fees, a n d other e xp enses of credit card plans for small b usinesses ( 3 ) the adequacy of protections a g ainst unfair or decepti v e acts or practices relating to credit card plans for small businesses; ( 4 ) the cost and availability of credit for small businesses, particularly w ith respect to non - prime borrowers; ( 5 )theuseofris k -based pricing for small businesses; ( 6 ) credit card product innovation relating to small businesses; and ( 7 ) the extent to which small business owners use personal credit cards to fund their business operations . (b) RECOM ME NDATI ON S . —F ollowing the review required by sub- section (a), the B oard shall, not later than 1 2 months after the date of enactment of this A ct— (1) provide a report to C ongress that summari z es the review and other evidence gathered by the Board, such as through consumer testing or other research, and (2) make recommendations for administrative or legislative initiatives to provide protections for credit card plans for small businesses, as appropriate. SEC.507 .S MAL L BU S IN ESS IN FOR MA T ION SECURIT Y TAS K FORCE. (a) D E F INITIONS.— I n this section— (1) the terms ‘ ‘Administration ’ ’ and ‘‘Administrator’’ mean the S mall Business Administration and the Administrator thereof, respectively; (2) the term ‘‘small business concern’’ has the same meaning as in section 3 of the Small Business Act (15 U .S.C. 632); and (3) the term ‘‘task force’’ means the task force established under subsection (b). (b) E STA BL IS H MENT.— T he Administrator shall, in con j unction with the Secretary of H omeland Security, establish a task force, to be known as the ‘‘Small Business Information Security Task Force’’, to address the information technology security needs of small business concerns and to help small business concerns prevent the loss of credit card data. (c) D U TIES.—The task force shall— (1) identify— (A) the information technology security needs of small business concerns; and (B) the programs and services provided by the Federal G overnment, State Governments, and nongovernment organizations that serve those needs; (2) assess the extent to which the programs and services identified under paragraph (1)(B) serve the needs identified under paragraph (1)(A); (3) make recommendations to the Administrator on how to more effectively serve the needs identified under paragraph (1)(A) through— (A) programs and services identified under paragraph (1)(B); and (B) new programs and services promoted by the task force; (4) make recommendations on how the Administrator may promote— Recom me nda-ti on s. Re p o r ts. D ead l ine.


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 123STA T . 1 759PUBLIC LA W 111 – 2 4—M A Y 22, 2 0 09 (A)newprog r ams an d ser vic es th at the tas kf orce recommends u nder paragraph ( 3 )( B ) and (B) programs and services identified under paragraph ( 1 )(B); ( 5 ) make recommendations on how the Administrator ma y inform and educate with respect to — (A) the needs identified under paragraph (1)(A); (B) new programs and services that the task force recommends under paragraph (3)(B); and ( C ) programs and services identified under paragraph (1)(B); ( 6 ) make recommendations on how the Administrator may more effective l y work with pu b lic and private interests to address the information technology security needs of small business concerns; and ( 7 ) make recommendations on the creation of a permanent advisory board that would make recommendations to the Administrator on how to address the information technology security needs of small business concerns . (d) INTER NET W E BSI TE R E COM MEN DA TIONS.— T he task force shall make recommendations to the Administrator relating to the establishment of an Internet website to be used by the Administra - tion to receive and dispense information and resources with respect to the needs identified under subsection (c)(1)(A) and the programs and services identified under subsection (c)(1)(B). As part of the recommendations , the task force shall identify the Internet sites of appropriate programs, services, and organi z ations, both public and private, to which the Internet website should link. (e) E D U CATION P RO G RAMS.—The task force shall make rec- ommendations to the Administrator relating to developing addi- tional education materials and programs with respect to the needs identified under subsection (c)(1)(A). (f) E X ISTING M ATERIA L S.—The task force shall organize and distribute e x isting materials that inform and educate with respect to the needs identified under subsection (c)(1)(A) and the programs and services identified under subsection (c)(1)(B). (g) COORDINATION WIT H PUBLIC AND PRI V ATE S ECTOR.—In car- rying out its responsibilities under this section, the task force shall coordinate with, and may accept materials and assistance as it determines appropriate from, public and private entities, including— (1) any subordinate officer of the Administrator; ( 2 ) any organization authorized by the Small Business Act to provide assistance and advice to small business concerns; (3) other F ederal agencies, their officers, or employees; and ( 4 ) any other organization, entity, or person not described in paragraph (1), (2), or (3). (h) A P POINTMENT O F MEMBERS.— (1) CHAIRPERSON AND VICE-CHAIRPERSON.—The task force shall have— (A) a Chairperson, appointed by the Administrator; and (B) a V ice-Chairperson, appointed by the Adminis- trator, in consultation with appropriate nongovernmental organizations, entities, or persons. (2) MEMBERS.— Recom me nda-ti on s.


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 123STA T . 1 760PUBLIC LA W 111 – 2 4—M A Y 22, 200 9(A)CHAIRPE R SON AN DV I C E - CHAIRPERSON .—The Ch air - p er son an dt he V i c e-Chairperson sha l l ser v eas m em b ers o f the tas k force. ( B ) ADDI T IONA LM EM B ERS.— (i) I N G ENERAL.—The task force shall have addi- tional members , each of w hom shall be appointed b y the Chairperson, with the approval of the Adminis- trator. (ii) NU MBER O F MEMBERS.—The n u mber of addi- tional members shall be determined by the Chair- person, in consultation with the Administrator, e x cept that— (I) the additional members shall include, for each of the g roups specified in paragraph ( 3 ), at least 1 member appointed from within that group and (II) the number of additional members shall not exceed 13. (3) G ROUPS REPRESENTED.—The groups specified in this paragraph are— (A) sub j ect matter experts; (B) users of information technologies within small busi- ness concerns; (C) vendors of information technologies to small busi- ness concerns; ( D ) academics with expertise in the use of information technologies to support business; ( E ) small business trade associations; ( F ) Federal, S tate, or local agencies, including the Department of H omeland Security, engaged in securing cyberspace; and (G) information technology training providers with expertise in the use of information technologies to support business. ( 4 ) P OLITICAL AFFILIATION.—The appointments under this subsection shall be made without regard to political affiliation. (i) M EETINGS.— (1) FRE Q UENC Y .—The task force shall meet at least 2 times per year, and more fre q uently if necessary to perform its duties. (2) Q UORUM.—A majority of the members of the task force shall constitute a quorum. (3) L OCATION.—The Administrator shall designate, and make available to the task force, a location at a facility under the control of the Administrator for use by the task force for its meetings. (4) MINUTES.— (A) IN GENERAL.—Not later than 3 0 days after the date of each meeting, the task force shall publish the minutes of the meeting in the Federal R egister and shall submit to the Administrator any findings or recommenda- tions approved at the meeting. (B) SUBMISSION TO CONGRESS.—Not later than 6 0 days after the date that the Administrator receives minutes under subparagraph (A), the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of Fed e ralR e gist er ,pub li c ati on. Reco m menda - tions. D eadlines.


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 123STA T . 1 76 1 PUBLIC LA W 111 – 2 4—M A Y 22, 2 0 0 9theHous eo fR e pr ese n t a t iv es su c h m inutes , to g ether w ith an y comments the Ad ministrator considers appropriate .(5)FIND IN GS . — (A) I NG E NE RAL .— N ot l ater than the date on which the tas k force terminates under su b section (m), the task force shall submit to the Administrator a final report on any findings and recommendations of the task force approved at a meeting of the task force. ( B ) SUBM ISSI O N T O C ONGRESS.—Not later than 90 days after the date on which the Administrator receives the report under subparagraph (A), the Administrator shall submit to the C ommittee on Small Business and E ntrepreneurship of the Senate and the Committee on Small Business of the House of Representatives the full te x t of the report submitted under subparagraph (A), together with any comments the Administrator considers appropriate. ( j ) P ERSONNEL M ATTERS.— ( 1 ) COM P ENSATION O F MEMBERS.—Each member of the task force shall serve without pay for their service on the task force. ( 2 ) T RA V ELE X PENSES.—Each member of the task force shall receive travel expenses, including per diem in lieu of subsist - ence, in accordance with applicable provisions under subchapter I of chapter 5 7 of title 5, U nited States Code. ( 3 ) D ETAIL OF SBA EMPLO Y EES.—The Administrator may detail, without reimbursement, any of the personnel of the Administration to the task force to assist it in carrying out the duties of the task force. Such a detail shall be without interruption or loss of civil status or privilege. ( 4 ) SBA SUPPORT OF T H E TAS K FORCE.—Upon the re q uest of the task force, the Administrator shall provide to the task force the administrative support services that the Administrator and the Chairperson jointly determine to be necessary for the task force to carry out its duties. (k) NOT SUB J ECT TO FEDERAL ADVISORY COMMITTEE ACT.— The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the task force. (l) STARTUP DEADLINES.—The initial appointment of the mem- bers of the task force shall be completed not later than 90 days after the date of enactment of this Act, and the first meeting of the task force shall be not later than 1 8 0 days after the date of enactment of this Act. (m) TERMINATION.— (1) IN GENERAL.—Except as provided in paragraph (2), the task force shall terminate at the end of fiscal year 2013. (2) EXCEPTION.—If, as of the termination date under para- graph (1), the task force has not complied with subsection (i)(4) with respect to 1 or more meetings, then the task force shall continue after the termination date for the sole purpose of achieving compliance with subsection (i)(4) with respect to those meetings. (n) AUTHORI Z ATION OF APPROPRIATIONS.—There is authori z ed to be appropriated to carry out this section $ 300,000 for each of fiscal years 2010 through 2013. Deadlin e s.R e port s.


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 123STA T . 1 76 2 PUBLIC LA W 111 – 2 4—M A Y 22, 2 0 0 9SEC.508 . S TUDYAN D R E PO RTONE M ER G ENCY P I N TEC H NO L OGY. (a)INGE NE RAL.—TheF e d e r a l Trade Com m is sio n, in c ons u l t a - tion w ith the A ttorne y General o f the U nited S tates and the United States Secret Ser v ice, shall conduct a study on the cost-effectiveness of ma k in g availa b le at automated teller machines technology that enables a consumer that is under duress to electronically alert a local law enforcement agency that an incident is taking p lace at such automated teller machine, including— ( 1 ) an emergency personal identification number that would summon a local law enforcement officer to an automated teller machine when entered into such automated teller machine and ( 2 ) a mechanism on the e x terior of an automated teller machine that, when pressed, would summon a local law enforce- ment to such automated teller machine. (b) C O N T ENT S O F ST UDY .—The study re q uired under subsection (a) shall include— (1) an analysis of any technology described in subsection (a) that is currently available or under development; (2) an estimate of the number and severity of any crimes that could be prevented by the availability of such technology; ( 3 ) the estimated costs of implementing such technology; and ( 4 ) a comparison of the costs and benefits of not fewer than 3 types of such technology. (c) R E P ORT.— N ot later than 9 months after the date of enact- ment of this Act, the Federal Trade Commission shall submit to Congress a report on the findings of the study required under this section that includes such recommendations for legislative action as the Commission determines appropriate. SEC. 50 9 . STUDY AND REPORT ON THE MAR K ETING O F PRODUCTS W ITH CREDIT OFFERS. (a) STUDY.—The Comptroller General of the United States shall conduct a study on the terms, conditions, marketing, and value to consumers of products marketed in con j unction with credit card offers, including— (1) debt suspension agreements; (2) debt cancellation agreements; and (3) credit insurance products. (b) AREAS OF CON C ERN.—The study conducted under this sec- tion shall evaluate— (1) the suitability of the offer of products described in subsection (a) for target customers; (2) the predatory nature of such offers; and (3) specifically for debt cancellation or suspension agree- ments and credit insurance products, loss rates compared to more traditional insurance products. (c) REPORT TO CON G RESS.—The Comptroller shall submit a report to Congress on the results of the study required by this section not later than D ecember 31, 2 0 10. SEC. 5 1 0. FINANCIAL AND ECONOMIC LITERACY. (a) REPORT ON FEDERAL F I NANCIAL AND E CONO M IC L ITERACY EDUCATION P ROGRAMS.— (1) IN GENERAL.—Not later than 9 months after the date of enactment of this Act, the Secretary of Education and the


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 123STA T . 1 76 3 PUBLIC LA W 111 – 2 4—M A Y 22, 2 0 0 9Directo ro f t h e O ffice of F i na ncia lEdu cation of the De p art m ent of the T rea s ur y shall coordinate w ith the P resident ’ s A d v isory C ouncil on Financial L iteracy —( A ) to evaluate and compile a comprehensive summary ofalle x istin g Federal financial and economic literacy edu - cation programs , as of the time of the report and ( B ) to prepare and su b mit a report to Congress on the findings of the evaluations . ( 2 )C ONTE NT S .—The report re q uired by this subsection shall address, at a minimum— (A) the 2 0 0 8 recommendations of the President’s Advisory Council on Financial Literacy; (B) existing Federal financial and economic literacy education programs for grades k indergarten through grade 1 2, and annual funding to support these programs; (C) existing Federal postsecondary financial and eco- nomic literacy education programs and annual funding to support these programs; (D) the current financial and economic literacy edu- cation needs of adults, and in particular, low- and mod- erate-income adults; (E) ways to incorporate and disseminate best practices and high quality curricula in financial and economic lit- eracy education; and (F) specific recommendations on sources of revenue to support financial and economic literacy education activi- ties with a specific analysis of the potential use of credit card transaction fees. (b) S T RA TE GIC P L AN.— (1) I N GENERAL.—The Secretary of Education and the Director of the Office of Financial Education of the Department of the Treasury shall coordinate with the President’s Advisory Council on Financial Literacy to develop a strategic plan to improve and expand financial and economic literacy education. (2) CONTENTS.—The plan developed under this subsection shall— (A) incorporate findings from the report and evalua- tions of existing Federal financial and economic literacy education programs under subsection (a); and (B) include proposals to improve, expand, and support financial and economic literacy education based on the findings of the report and evaluations. ( 3 ) PRESENTATION TO CONGRESS.—The plan developed under this subsection shall be presented to Congress not later than 6 months after the date on which the report under sub- section (a) is submitted to Congress. (c) E F FECTI V E DATE.— N otwithstanding section 3, this section shall become effective on the date of enactment of this Act. SEC.51 1. F E D E RALT RADE C OM M I SSIO N R U LEMA K IN G ON MORTGAGE LENDING. (a) IN G ENERAL.—Section 626 of division D of the Omnibus Appropriations Act, 200 9 (Public Law 111 – 8) is amended— (1) in subsection (a)— (A) by striking ‘ ‘ W ithin’’ and inserting ‘‘(1) Within’’; (B) in paragraph (1), as designated by subparagraph (A), by inserting after the first sentence the following
 * Ante,p.678

. Deadlin e.


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 123STA T . 1 764PUBLIC LA W 111 – 24 —M A Y 22, 2 0 0 9‘ ‘ Suchr u lemakings hall rela t et o un f air or d ece p ti v e acts or practices regarding mortgage loans ,w hich ma y include unfair or deceptive acts or practices involving loan modifica - tion and foreclosure rescue services .’ ’ and (C)b y adding at the end the following ‘‘( 2 ) P aragraph ( 1 ) shall not be construed to authori z e the F ederal T rade Commission to promulgate a rule with respect to an entity that is not sub j ect to enforcement of the Federal Trade Commission A ct (1 5U .S.C. 4 1etse q .) by the Commis- sion. ‘‘( 3 ) B efore issuing a final rule pursuant to the proceeding initiated under paragraph (1), the Federal Trade Commission shall consult with the Federal R eserve Board concerning any portion of the proposed rule applicable to acts or practices to which the provisions of the Truth in L ending Act (15 U.S.C. 1 60 1 et seq.) may apply. ‘‘(4) The Federal Trade Commission shall enforce the rules issued under paragraph (1) in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made part of this section.’’; and (2) in subsection (b) — (A) by striking so much as precedes paragraph (2) and inserting the following: ‘‘(b)(1) Ex cept as provided in paragraph (6), in any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person subject to a rule prescribed under subsection (a) in a practice that violates such rule, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States or other court of competent jurisdiction— ‘‘(A) to enjoin that practice; ‘‘(B) to enforce compliance with the rule; ‘‘(C) to obtain damages, restitution, or other compensation on behalf of residents of the State; or ‘‘( D ) to obtain penalties and relief provided by the Federal Trade Commission Act and such other relief as the court con- siders appropriate.’’; and (B) in paragraphs (2), (3), and (6), by striking ‘‘Commis- sion’’ each place it appears and inserting ‘‘primary Federal regulator’’. (b) E F F ECTIV ED A TE.—The amendments made by subsection (a) shall take effect on M arch 12, 200 9 . SEC.512 . PROT ECT INGAM ERICANS F ROM V IO L ENT CRIME. (a) C ONGR E S SIONA L FIN D INGS.—Congress finds the following: (1) The Second Amendment to the Constitution provides that ‘‘the right of the people to keep and bear Arms, shall not be infringed’’. (2) Section 2.4(a)(1) of title 36, Code of Federal Regulations, provides that ‘‘except as otherwise provided in this section and parts 7 (special regulations) and 13 (Alaska regulations), the following are prohibited: (i) Possessing a weapon, trap or net (ii) Carrying a weapon, trap or net (iii) Using a weapon, trap or net’’. 16USC 1 a–7b. 1 5 USC 16 38note . Con sul tat i on.


text:
The Encyclopedia Americana (1920)/Kirchmann, Julius von

KIRCHMANN, kĕrk'mạn, Julius von, German writer and philosopher: b. near Meresburg, 1802; d. 1884. Educated in law at Leipzig and Halle, he became, some time afterward, state attorney in the Berlin Criminal Court (1846). He was successively a member of the National Assembly of Prussia (1848) and of the German Reichstag (1871-76). He studied and wrote much upon philosophy of

which he was recognized as one of the leading writers of his day. Among his published works are ‘Die Wertlosigkeit der Jurisprudenz als Wissenschaft’ (1848); ‘Ueber Unsterblichkeit’ (1865); ‘Aesthetik auf realistischer Grundlage’ (1868), and many translations from the great philosophers, including Aristotle, Grotius, Hume, Bacon, Spinoza and Leibnitz. Consult Lasson and Meineke, ‘Julius von Kirchmann als Philosoph’ (Halle 1885).


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Page:United States Statutes at Large Volume 123.djvu/1785

 123STA T . 1 765PUBLIC LA W 111 – 2 4—M A Y 22, 2 0 0 9(3)Section27.4 2o f tit l e 50,C o d eof F ede ra l R e gu lation s , p ro v ides t h at, e x cept in special circu m stances, citi z ens of the U nited States ma y not ‘ ‘possess, use, or transport firearms on national w ildlife refuges ’ ’ of the United States Fish and W ildlife Service. (4) T he regulations descri b ed in paragraphs (2) and (3) prevent individuals complying with Federal and State laws from exercising the second amendment rights of the individuals while at units of — ( A ) the N ational P ar k System and ( B ) the National Wildlife Refuge System. (5) The existence of different laws relating to the transpor - tation and possession of firearms at different units of the National Park System and the National Wildlife Refuge System entrapped law-abiding gun owners while at units of the National Park System and the National Wildlife Refuge System. ( 6 ) Although the Bush administration issued new regula- tions relating to the Second Amendment rights of law-abiding citizens in units of the National Park System and National Wildlife Refuge System that went into effect on J anuary 9, 2009— (A) on M arch 1 9, 2009, the United States D istrict Court for the District of Columbia granted a preliminary in j unction with respect to the implementation and enforce- ment of the new regulations; and (B) the new regulations— (i) are under review by the administration; and (ii) may be altered. (7) Congress needs to weigh in on the new regulations to ensure that unelected bureaucrats and judges cannot again override the Second Amendment rights of law-abiding citizens on 8 3,600,000 acres of National Park System land and 90,790,000 acres of land under the jurisdiction of the United States Fish and Wildlife Service. (8) The Federal laws should make it clear that the second amendment rights of an individual at a unit of the National Park System or the National Wildlife Refuge System should not be infringed. (b) P ROTEC T ING T H E RIGHT O FI N D I V ID UALS TO BEAR AR M S IN UNITS OF THE NATIONAL PAR K S Y STEM AND THE NATIONAL WILD- LIFE REFUGE SYSTEM.—The Secretary of the Interior shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm including an assembled or functional firearm in any unit of the National Park System or the National Wildlife Refuge System if— (1) the individual is not otherwise prohibited by law from possessing the firearm; and (2) the possession of the firearm is in compliance with the law of the State in which the unit of the National Park System or the National Wildlife Refuge System is located. SEC.513 . GAO S TUDY A N D R E P ORT ON FL UENCY I NT H E ENGLISH LANGUAGE AND FINANCIAL LITERACY. (a) STUDY.—The Comptroller G eneral of the United States shall conduct a study examining— (1) the relationship between fluency in the E nglish lan- guage and financial literacy; and


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 123STA T . 1 76 6 PUBLIC LA W 111 – 2 4—M A Y 22, 2 0 0 9LEGIS L AT I V E H IST ORY— H . R. 627( S. 41 4 ): HO U SE RE P ORTS: No . 111 –8 8( C o m m.o nFi n a n c ia l S erv ice s ). SENATE REPORTS: No. 111–16 (Comm. on B an k in g, Ho u sing, an d Ur b anA f fairs) accom p an y ing S. 414. CONGRESSIONAL RECOR D , Vol.1 5 5(2 0 0 9 ): Apr. 29, 3 0, considered and passed House. M ay 11–14, 19, considered and passed Sena t e, amended. May 20, House concurred in Senate amendment. DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2009): May 22, Presidential remarks. (2)the e x te n t ,ifa n y ,t ow hi c hin d i v id u a ls whose native lan g uage is a language othe r than E nglish are i mp eded in their conduct of their financial affairs . ( b ) REPORT . —N ot later than 1 year after the date of enactment of this A ct, the C omptroller G eneral of the U nited S tates shall submit a report to the Committee on B an k ing, H ousing, and Urban Affairs of the Senate and the Committee on F inancial Services of the House of Representatives that contains a detailed summary of the findings and conclusions of the study re q uired under sub - section (a). Approved M ay22,2 0 0 9.


text: Dictionary of National Biography, 1885-1900/Moodie, Donald


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Page:United States Statutes at Large Volume 123.djvu/1787

 123STA T . 1 76 7 PUBLIC LA W 111 – 2 5—J U NE 2, 2 0 0 9PublicLaw1 11 –25 111 thCongres s A n Act Toestabli s h the R o n al d Rea g an C entennial Co m mission .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. S H O R T TIT L E. ThisActmaybe cite d as the ‘ ‘ Ron a l d Rea g an C entennial Commission Act ’ ’ . SEC. 2 . EST AB LISH M ENT. The r e is established a commission to be k no w n as the ‘‘Ronald Reagan Centennial Commission’’ ( in this Act re f erred to as the ‘‘Commission’’ ) . SEC. 3 . DU TIES O F COMMISSION. The Commission shall — ( 1 ) p lan, de v elop, and carry o u t such activities as the Commission considers fitting and proper to honor Ronald Reagan on the occasion of the 1 0 0th anniversary of his birth ( 2 ) provide advice and assistance to F ederal, S tate, and local governmental agencies, as well as civic groups to carry out activities to honor Ronald Reagan on the occasion of the 100th anniversary of his birth; ( 3 ) develop activities that may be carried out by the Federal G overnment to determine whether the activities are fitting and proper to honor Ronald Reagan on the occasion of the 100th anniversary of his birth; and ( 4 ) submit to the P resident and Congress reports pursuant to section 7 . SEC. 4 . MEMBERSHI P . (a) NUMBERAND A P P OI N T MENT.—The Commission shall be com - posed of 11 members as follows (1) The Secretary of the I nterior. (2) Four members appointed by the President after consid- ering the recommendations of the B oard of Trustees of the Ronald Reagan Foundation. (3) Two M embers of the H ouse of Representatives appointed by the Speaker of the House of Representatives. (4) O ne Member of the House of Representatives appointed by the minority leader of the House of Representatives. ( 5 ) Two Members of the Senate appointed by the ma j ority leader of the Senate. ( 6 ) One Member of the Senate appointed by the minority leader of the Senate. Presid e nt.R e po rts. Ron al d Rea g an C entennial Co m mission Ac t. 36US C 10 1 note prec. Ju ne 2, 200 9[H .R. 131 ]


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 123STA T . 1 768PUBLIC LA W 111 – 2 5—J U NE 2, 2 0 0 9(b)EXOF F IC I OMEMB E R.—TheArc h iv i stof the Un ite dS t a tes sha l lserveinane x officio ca p acit y on the C o m mission to provide advice and information to the Commission. (c) TERM S .—Each member shall be appointed for the life of the Commission. (d) D E ADL I N EFORA P POIN T MENT.—All members of the Commis - sion shall be appointed not later than 90 days after the date of the enactment of this Act. (e) V ACANCIES.—A vacancy on the Commission shall— ( 1 ) not affect the po w ers of the Commission and ( 2 ) be filled in the manner in which the ori g inal appoint- ment was made. (f) R ATES OF P A Y .—Members shall not receive compensation for the performance of their d u ties on behalf of the Commission. (g) TRA V EL EXPENSES.—Each member of the Commission shall be reimbursed for travel and per diem in lieu of subsistence expenses during the performance of duties of the Commission while away from home or his or her regular place of business , in accord- ance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (h) QU ORUM.—A ma j ority of the members of the Commission shall constitute a q uorum to conduct business, but two or more members may hold hearings. (i) C H AIRPERSON.—The chairperson of the Commission shall be elected by a majority vote of the members of the Commission. SEC.5 . DIR EC TO R AN D STA F FOFCO M MISSION. (a) DIRECTOR AND STAFF.—The Commission shall appoint an executive director and such other additional personnel as are nec- essary to enable the Commission to perform its duties. (b) APPLICABILITY OF CERTAIN CIVIL SERVICE L A W S.—The execu- tive director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 5 3 of such title relating to classification and G eneral Schedule pay rates, except that the rate of pay for the executive director and other staff may not exceed the rate payable for level V of the Executive Schedule under section 531 6 of such title. (c) DETAIL OF F EDERAL EMPLOYEES.—Upon request of the Commission, the Secretary of the Interior or the Archivist of the United States may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. (d) EXPERTS AND CONSULTANTS.—The Commission may procure such temporary and intermittent services as are necessary to enable the Commission to perform its duties. (e) VOLUNTEER AND UNCOMPENSATED SERVICES.— N otwith- standing section 13 4 2 of title 31, United States Code, the Commis- sion may accept and use voluntary and uncompensated services as the Commission determines necessary. SEC. 6 . P O W ERS OF COMMISSION. (a) H EARIN G S.—The Commission may, for the purpose of car- rying out this Act, hold hearings, sit and act at times and places, ta k e testimony, and receive evidence as the Commission considers appropriate.


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Page:United States Statutes at Large Volume 123.djvu/1789

 123STA T . 1 769PUBLIC LA W 111 – 2 5—J U NE 2, 2 0 09 (b)MAILS.—TheCom m is sio n m ayu se t he U nite dS tates mai l s in the same manne r and under the same c onditions as other de p art - ments and a g encies o f the United States. (c) OBT AI N IN G O F FI C IAL D ATA.—The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out its duties under this A ct. Upon re q uest of the chairperson of the Commission , the head of that department or agency shall furnish that information to the Commission. (d) G IFTS, BEQU ESTS, DE V ISES.—The Commission may solicit, accept, use, and dispose of gifts, bequests, or de v ises of money, services, or property, both real and personal, for the purpose of aiding or facilitating its w or k . (e) AVAILABLE S P ACE.—Upon the request of the Commission, the Administrator of General Services shall make available nation- wide to the Commission, at a normal rental rate for F ederal agen- cies, such assistance and facilities as may be necessary for the Commission to carry out its duties under this Act. (f) C O NT R ACT AUT H ORIT Y .—The Commission may enter into contracts with and compensate government and private agencies or persons to enable the Commission to discharge its duties under this Act. SEC.7 . R E PO R T S. (a) ANNUAL R EPORTS.—The Commission shall submit to the P resident and the Congress annual reports on the revenue and e x penditures of the Commission, including a list of each gift, bequest, or devise to the Commission with a value of more than $250, together with the identity of the donor of each gift, bequest, or devise. (b) I NTERI M REPORTS.—The Commission may submit to the President and Congress interim reports as the Commission con- siders appropriate. (c) FINAL REPORT.— N ot later than April 3 0, 20 1 1, the Commis- sion shall submit a final report to the President and the Congress containing— (1) a summary of the activities of the Commission (2) a final accounting of funds received and expended by the Commission; and (3) the findings, conclusions, and final recommendations of the Commission. SEC. 8 . TER MINA TION. The Commission may terminate on such date as the Commis- sion may determine after it submits its final report pursuant to section 7 (c), but not later than May 30, 2011. SEC. 9 . ANN U A L AU D IT. The Inspector General of the Department of the Interior may perform an audit of the Commission, shall make the results of any audit performed available to the public, and shall transmit such results to the Committee on Oversight and Government Reform of the H ouse of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. Public i nformat ion .De a d line.


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 123STA T . 1 7 7 0PUBLIC LA W 111 – 2 5—J U NE 2, 200 9LEGIS L AT I V E H IST ORY— H . R. 13 1
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O N GRESSIONAL RECOR D, V ol .1 5 5 (20 0 9) Mar .9, c o nside red and p assed Ho u se. Ma y 19, considered and passed Sena t e. DAILY COM P ILATION O F PRESIDENTIAL DOC U MENTS (2009): J une 2, Presidential re m ar k s and statement. SEC.10 . PROHIB I T IO N ON OB L I GA TION O F FE D ERAL F U NDS. NoFed e ralfun d sm a yb e obl ig a t ed to c arry out t h is A ct. A p pro v ed J une 2, 2 0 0 9.


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Page:United States Statutes at Large Volume 123.djvu/1791

 123STA T . 1 7 71 PUBLIC LA W 111 – 2 6—J U NE 1 9, 2 0 09 LEGIS L AT I V E H IST ORY— H . R. 6 6 3:C O N GRESSIONAL RECOR D, V ol . 15 5 (20 0 9) Feb . 12, 13, c o nsid e r ed a nd p assed Ho u se. M a y 21, considered and passed Sena t e. PublicLaw1 11 –26 111 thCongres s A n Act To desi g nate t h e f acility of the U nited States P ostal Ser v ice located at 12 87 7 B road Street in Sparta, Georgia, as the ‘ ‘Yvonne Ingra m- Ephraim Post Office Building ’ ’. Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1.YV ONNE IN GRAM- E PH RAIM POST O F FICE BU I LD ING. (a)DESIGNAT I O N .—Thef a cil i tyo f the Un ite dS tate sP ostal Se rv ice located at 1287 7 B road Street in S p arta ,G eor g ia, shall b e k no w n and designated as the ‘ ‘ Y vonne I ngra m-E phraim Post O ffice B u ilding ’ ’. (b) R E F E R EN C ES.— A ny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Yvonne Ingram-Ephraim Post Office Building’’. Approved J une 1 9 ,2 0 09. June19,20 09 [H.R. 6 6 3]


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Page:United States Statutes at Large Volume 123.djvu/1792

 123STA T . 1 7 72 PUBLIC LA W 111 – 27 —J U NE 1 9, 2 0 09 LEGIS L AT I V E H IST ORY— H . R. 918:C O N GRESSIONAL RECOR D, V ol .1 5 5 (20 09 ) Mar .2 3, c o nside red and p assed Ho u se. Ma y 21, considered and passed Sena t e. PublicLaw1 11 –27 111 thCongres s A n Act To desi g nate t h e f acility of the U nited States P ostal Ser v ice located at 300 East 3rd Street in J a m esto w n, New Yor k ,asthe ‘ ‘Stan Lundine Post Office B uilding ’ ’. Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. ST A N LU N D INE P OST O F FICE B UILDIN G . (a)DESIGNAT I O N .—Thef a cil i tyo f the Un ite dS tate sP ostal Se rv ice located at 30 0 E ast 3rd Street in J a m esto w n ,N ew Y or k , shall b e known and desi g nated as the ‘ ‘Stan Lu ndine Post O ffice B uilding ’ ’. (b) R E F E R EN C ES.— A ny reference in a law, ma p, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Stan Lundine Post Office Building’’. Approved June 19, 2 009. June19,20 09 [H.R .91 8]


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Page:United States Statutes at Large Volume 123.djvu/1793

 123STA T . 1 7 73 PUBLIC LA W 111 – 2 8—J U NE 1 9, 2 0 09 LEGIS L AT I V E H IST ORY— H . R. 1284:C O N GRESSIONAL RECOR D, V ol .1 5 5 ( 2 0 0 9) Mar .1 6, c o nside red and p assed Ho u se. Ma y 21, considered and passed Sena t e. PublicLaw1 11 –28 111 thCongres s A n Act To desi g nate t h e f acility of the U nited States P ostal Ser v ice located at 10 3W est Main Street in McLain, Mississippi, as the ‘ ‘Ma j orEdW. F ree m an Post Office ’ ’. Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1.MAJ O R E DW . F REEMAN P OST OFFICE. (a)DESIGNAT I O N .—Thef a cil i tyo f the Un ite dS tate sP ostal Se rv ice located at 103W est M ain Street in Mc L ain , Mississi p pi, shall b e k no w n and desi g nated as the ‘ ‘Ma j or E dW. F ree m an Post O ffice ’ ’. (b) R E F E R EN C ES.— A ny reference in a law, map, reg u lation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Major Ed W. Freeman Post Office’’. Approved J une 1 9, 2 009. June19,20 09 [H.R .12 84]


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 123STA T . 1 7 7 4PUBLIC LA W 111 – 2 9—J U NE 19, 2 0 09 LEGIS L AT I V E H IST ORY— H . R. 159 5
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O N GRESSIONAL RECOR D, V ol . 155 (20 09 ) A pr .2 8, c o nside red a nd passed Ho u se. M a y 21, considered and passed Sena t e. PublicLaw1 11 –29 111 thCongres s A n Act To desi g nate t h e f acility of the U nited States P ostal Ser v ice located at 3 2 4 5 Latta Road in Rochester, Ne w Yor k ,asthe ‘ ‘ B rian K . Schra m m Post Office Building ’ ’. Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1.BR I A N K .SC H RA M M P OST O F FICE B U I LD IN G. (a)DESIGNAT I O N .—Thef a cil i tyo f the Un ite dS tate sP ostal Se rv ice located at 3245L atta R oad in Rochester ,N e wY or k , shall b e known and desi g nated as the ‘ ‘ B rian K . Schra m m Post O ffice B u ilding ’ ’. (b) RE F E R EN C ES.— A ny reference in a law, ma p, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Brian K. Schramm Post Office Building’’. Approved J une 19 ,2 0 09. June19,20 09 [H.R .1 5 95 ]


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Page:United States Statutes at Large Volume 123.djvu/1795

 123STA T . 1 7 7 5PUBLIC LA W 111 – 3 0—J U NE 1 9, 2009 LEGIS L AT I V E H IST ORY— H . R. 2675:C O N GRESSIONAL RECOR D, V ol . 1 55 ( 2 0 0 9) June 9, c on sid e r ed a nd p assed House. June 17, considered and passed Sena t e. PublicLaw1 11 –30 111 thCongres s A n Act Toa m end title II o f t h e Antitrust Criminal P enalt y Enhancement and Reform Act of 200 4 toe x tend the operation of such title for a 1 - year period endin g June 22, 2010. Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. S H O R T TIT L E. ThisActmaybe cite d as the ‘ ‘A n tit ru st C rimina lP enalty E nhancement and R e fo rm Act of 20 0 4 E x tension Act ’ ’ . SEC. 2 . D EL AY O F S U NSET. S ection 2 1 1 ( a ) of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (1 5U .S.C. 1 note) is amended by stri k in g ‘‘5 years’’ and inserting ‘‘ 6 years’’. SEC. 3 . EFFECTI V EDATEOFA M ENDMENT. The amendment made by section 2 shall take effect immediately before J une 22, 200 9 . A p pro v ed June 19, 2009. 15USC 1 note.A nt i t rus t Cri m in alP enalt yE n h an c ement an dR e f orm Act of 20 0 4 E x tension Act. 15 USC 1 note. J une 1 9, 2009 [H .R. 2 67 5 ]


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 123STA T . 1 7 7 6PUBLIC LA W 111 – 31 —J U NE 22, 2 0 0 9PublicLaw1 11 –3 1 111 thCongres s A n Act Topr o tec tt h ep ubli che a lth b y pro v i d i ng the F ood and D rug A d m ini s tration w ith certain authority to regulate tobacco products , to amend title 5, U nited S tates C ode, to ma k e certain modi f ications in the Thrift Savings P lan, the Civil Service R etirement System, and the Federal E mployees ’ Retirement System, and for other purposes .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,DIV I S I ONA—F A M I LY SMO K IN GPRE- VEN T ION AND TO B A C CO CONTROL ACT SECTION1. S H O R T TIT L E T AB LEO F CONTENTS. (a)SHORTTI T LE.— T hisd i v isi onm a ybec i t ed as the ‘ ‘ F ami l y Smo k in gPr evention and Tobacco C ontrol A ct ’ ’. (b) T AB LEO F CO N TENT S .—The table o f contents of this division is as follo w s Sec. 1 . Short title table of contents. Sec. 2 . Findings. Sec. 3 . Purpose. Sec. 4 . Scope and effect. Sec. 5. Severability. Sec. 6 . M odification of deadlines for Secretarial action. T I T L EI — AUT HO RIT Y OF THE FOOD A N D DRU G ADMINISTRATION Sec. 1 0 1. Amendment of Federal Food, Drug, and Cosmetic Act. Sec. 102. Final rule. Sec. 103. Conforming and other amendments to general provisions. Sec. 104. Study on raising the minimum age to purchase tobacco products. Sec. 105. Enforcement action plan for advertising and promotion restrictions. Sec. 106. Studies of progress and effectiveness. TITLE II—TO B ACCO PRODUCT W ARNINGS; CONSTITUENT AND SMO K E CONSTITUENT DISCLOSURE Sec. 201. Cigarette label and advertising warnings. Sec. 202. Authority to revise cigarette warning label statements. Sec. 203. State regulation of cigarette advertising and promotion. Sec. 204. Smokeless tobacco labels and advertising warnings. Sec. 205. Authority to revise smokeless tobacco product warning label statements. Sec. 206. Tar, nicotine, and other smoke constituent disclosure to the public. TITLE III—PRE V ENTION OF ILLICIT TRADE IN TOBACCO PRODUCTS Sec. 301. Labeling, recordkeeping, records inspection. Sec. 302. Study and report. SEC. 2 . FIN D IN G S. The Congress finds the following: 21USC387note. 21USC3 0 1 note. Family Smo k in gPr e v ention an dT o b a c co Control A ct. Ju ne 22 , 200 9[H . R .12 56]


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 123STA T . 1 7 77 PUBLIC LA W 111 – 31 —J U NE 22, 2 0 0 9(1)Theus e oft o bac co pr o d ucts b y the N at i o n’ s chi l dren is a pediatric disease of considerable proportions that results in ne wg enerations of tobacco - dependent children and adults . ( 2 ) A consensus e x ists within the scientific and m edical communities that tobacco products are inherently dangerous and cause cancer , heart disease, and other serious ad v erse health effects. ( 3 ) Nicotine is an addictive drug. ( 4 ) V irtually all new users of tobacco products are under the minimum legal age to purchase such products. ( 5 ) Tobacco advertising and mar k eting contribute signifi- cantly to the use of nicotine-containing tobacco products by adolescents. ( 6 ) B ecause past efforts to restrict advertising and mar- keting of tobacco products have failed ade q uately to curb tobacco use by adolescents, comprehensive restrictions on the sale, promotion, and distribution of such products are needed. ( 7 ) F ederal and S tate governments have lacked the legal and regulatory authority and resources they need to address comprehensively the public health and societal problems caused by the use of tobacco products. ( 8 ) Federal and State public health officials, the public health community, and the public at large recogni z e that the tobacco industry should be sub j ect to ongoing oversight. ( 9 ) U nder article I , section 8 of the C onstitution, the Con- gress is vested with the responsibility for regulating interstate commerce and commerce with Indian tribes. (1 0 ) The sale, distribution, marketing, advertising, and use of tobacco products are activities in and substantially affecting interstate commerce because they are sold, marketed, adver- tised, and distributed in interstate commerce on a nationwide basis, and have a substantial effect on the Nation’s economy. (11) The sale, distribution, marketing, advertising, and use of such products substantially affect interstate commerce through the health care and other costs attributable to the use of tobacco products. (12) It is in the public interest for Congress to enact legisla- tion that provides the Food and D rug Administration with the authority to regulate tobacco products and the advertising and promotion of such products. The benefits to the American people from enacting such legislation would be significant in human and economic terms. (13) Tobacco use is the foremost preventable cause of pre- mature death in America. It causes over 400,000 deaths in the United States each year, and approximately 8,600,000 Americans have chronic illnesses related to smoking. (14) R educing the use of tobacco by minors by 50 percent would prevent well over 10,000,000 of today’s children from becoming regular, daily smokers, saving over 3,000,000 of them from premature death due to tobacco-induced disease. Such a reduction in youth smoking would also result in approxi- mately $ 75,000,000,000 in savings attributable to reduced health care costs. (15) Advertising, marketing, and promotion of tobacco prod- ucts have been especially directed to attract young persons to use tobacco products, and these efforts have resulted in increased use of such products by youth. P ast efforts to oversee


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 123STA T . 1 7 7 8PUBLIC LA W 111 – 31 —J U NE 22, 2 0 0 9thes e ac t iv ities have no t b een s u ccess f u l ina d e q uatel ypr e - ventin g such increased use .(16)I n 20 0 5, the cigarette m anufacturers spent more than $ 1 3 ,000,000,000 to attract ne w users, retain current users, increase current consumption, and generate favorable long-term attitudes toward smo k ing and tobacco use. (1 7 ) T obacco product advertising often misleadingly por- trays the use of tobacco as socially acceptable and healthful to minors. (1 8 ) Tobacco product advertising is regularly seen by per- sons under the age of 18, and persons under the age of 18 are regularly e x posed to tobacco product promotional efforts. (1 9 ) Through advertisements during and sponsorship of sporting events, tobacco has become strongly associated with sports and has become portrayed as an integral part of sports and the healthy lifestyle associated with rigorous sporting activity. (20) C hildren are exposed to substantial and unavoidable tobacco advertising that leads to favorable beliefs about tobacco use, plays a role in leading young people to overestimate the prevalence of tobacco use, and increases the number of young people who begin to use tobacco. (21) The use of tobacco products in motion pictures and other mass media glamori z es its use for young people and encourages them to use tobacco products. (22) Tobacco advertising expands the size of the tobacco market by increasing consumption of tobacco products including tobacco use by young people. (23) Children are more influenced by tobacco marketing than adults more than 80 percent of youth smoke three heavily marketed brands, while only 5 4 percent of adults, 26 and older, smoke these same brands. (24) Tobacco company documents indicate that young people are an important and often crucial segment of the tobacco market. Children, who tend to be more price sensitive than adults, are influenced by advertising and promotion prac- tices that result in drastically reduced cigarette prices. (25) Comprehensive advertising restrictions will have a positive effect on the smoking rates of young people. (26) R estrictions on advertising are necessary to prevent unrestricted tobacco advertising from undermining legislation prohibiting access to young people and providing for education about tobacco use. (27) International experience shows that advertising regu- lations that are stringent and comprehensive have a greater impact on overall tobacco use and young people ’ s use than weaker or less comprehensive ones. (28) Text only requirements, although not as stringent as a ban, will help reduce underage use of tobacco products while preserving the informational function of advertising. (29) It is in the public interest for Congress to adopt legisla- tion to address the public health crisis created by actions of the tobacco industry. (30) The final regulations promulgated by the S ecretary of H ealth and Human Services in the A ugust 28, 1996, issue of the F ederal Register (61 Fed. Reg. 44615 – 44618) for inclusion