Madam Speaker, pursuant to House Resolution 1476, I call up the bill (H.R. 5244) to amend the Truth in Lending Act to establish fair and transparent practices relating to the extension of credit…
Madam Speaker, pursuant to House Resolution 1476, I call up the bill (H.R. 5244) to amend the Truth in Lending Act to establish fair and transparent practices relating to the extension of credit under an open end consumer credit plan, and for other purposes, and ask for its immediate consideration.
Madam Speaker, I ask unanimous consent that
all Members may have 5 legislative days within which to revise and extend their remarks on H.R. 5244 and to insert extraneous material thereon.
Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise in support of H.R. 5244, the Credit Cardholders' Bill of Rights. I introduced this bill, together with Chairman Frank. This important legislation has 155 cosponsors. A dozen national consumer groups have not only endorsed this legislation, but have made it one of their top priorities. The AFL-CIO and especially the SEIU have strongly supported the bill. Major civil rights groups saw this bill as necessary to stop abuses to their constituents.
Over 50 newspapers from all over the Nation published editorials and op-eds in support of credit card reform, from California to Florida and even my own hometown paper, The New York Times.
The Federal Reserve, whose first priority is protecting the safety and soundness of our financial institutions and our economy, has called the credit card practices addressed in this bill ``anticompetitive for markets and unfair and deceptive to consumers.'' Some 56,000 Americans wrote in in support of the proposed Federal rule, more than any in the history of the Fed, commenting in support of this bill.
Rarely do we get an opportunity to vote for legislation with such deep and widespread support. In the midst of the financial turmoil in our markets, Congress has been asked to provide $700 billion for Wall Street. Now we have a chance with this bill to do something for Main Street.
Credit cards are an essential part of our economy, but for too long card issuers have been allowed to do whatever they want, any time, for any reason. A deal is a deal, but what sort of a deal is it when one side gets to make all the decisions? This bill will get credit card practices back to basic principles of contractual fairness.
No other industry is allowed to raise the price of a product after the consumer has bought it.
Also, the credit card bill of rights bans ``any time any reason'' rate increases on existing card balances. It bans double cycle billing which charges interest on debt already paid.
It gives consumers 45 days notice of any rate increases so cardholders can decide whether to pay off their balances and shop for another card. The bill makes sure that consumers who borrow high rate balances such as emergency cash advances can pay them off by requiring issuers to credit some part of the payments to the high rate balances.
The bill stops due date gimmicks that trick cardholders into paying late and racking up unjustified fees. It prevents subprime cards from trapping the most vulnerable cardholders in a cycle of debt, and it prohibits issuing cards to vulnerable minors.
The bill will demonstrate, once and for all, that Congress is protecting working Americans, as well as large institutions, from the current financial storm. Unfair credit card debt is as toxic to ordinary citizens as subprime debt obligations are to investment banks.
This is an issue that cuts across social and economic groups. Everyone has a credit card, and too many have a credit card story of getting hit with an unfair or deceptive practice.
I expect opponents of reform will argue that we should wait for the Federal Reserve to act or, as they put it, Congress should defer to the Fed; but this Congress and this majority cannot abdicate our responsibilities. This country cannot afford to wait for this administration and its regulators any longer. We need to take action now on this critical issue.
I urge my colleagues to support this bill. Enough is enough. It is time to help consumers.
Madam Speaker, I reserve the balance of my time.
I would say to my good friend on the other side of the aisle, doing nothing and hoping that the Fed will act is an abdication of our responsibility, and that is not the way of this Congress. The Fed has called it unfair and deceptive practices, they have called it anticompetitive, and we should act to correct these abuses.
Madam Speaker, I yield 2 minutes to my friend and colleague, Keith Ellison, the gentleman from Minnesota, who is cochair of the Consumer Justice Caucus and has had a leadership role in passing this bill.
I yield such time as he may consume to the Chair of the Committee on Financial Services, Barney Frank, and congratulate him on his hard work on this piece of legislation and so many other areas.
Madam Speaker, I thank the gentleman for his comments, but I introduced my bill in February after many legislative hearings and meetings that involved Members on the other side of the aisle, stakeholders, consumers, and everyone concerned about this problem. We drafted and put in our bill in February. In May, the Federal Reserve came back with recommendations that mirrored our bill almost completely.
I would like to point out to him that the Federal Reserve is not in the Constitution, and we didn't leave it up to the regulators in the foreclosure crisis. We passed a bill to help homeowners stay in their homes. As we have seen Wall Street under attack, we are not leaving things up to the regulators. We passed legislation giving new direction to the Treasury to help the GSEs, investment banks, and insurers. So you are very selective on your comments that we should step back and let the Fed do everything.
I now recognize an outstanding member of our committee, the gentleman from Texas (Mr. Hinojosa) who is co-chair of the Literacy Caucus on the Financial Services Committee.
Madam Speaker, I recognize the gentleman from North Carolina, Walter Jones, for 1 minute, an outstanding member of the Committee on Financial Services.
Madam Speaker, I recognize the gentleman from North Carolina (Mr. Price) for 3 minutes.
I thank the gentleman for his comments. I have been a supporter of transparency and fairness for consumers in the financial services area since I came to Congress. I believe consumers should have complete information so they can decide how to manage their money more efficiently and better.
I commend the gentleman from North Carolina for his efforts to provide consumers with robust information, and I would be happy to work with him on including these provisions.
Madam Speaker, in response to my good friend's comments, the bill is very close to the rule, and opponents of the bill also oppose the rule. Industry opposes my bill and has filed arguments opposing the rule. The OCC opposes the bill and also opposes the Fed rule. The Federal Reserve and two other regulators support the substance of the bill. The administration opposes provisions of my bill that are identical to the Fed rule.
So it would be one thing if you supported the regulations you so passionately argue we should be waiting for; it is another thing to argue that we should wait for something that those who oppose protecting consumers, giving them information and providing fairness in the contractual agreement between credit card issuers and consumers.
I now yield 2 minutes to my good friend from the great State of Colorado, Mark Udall, who has been a leader in this debate and has had constituents who have come before the committee to testify. We thank him for his leadership.
(Mr. UDALL of Colorado asked and was given permission to revise and extend his remarks.)
Madam Speaker, I yield 2 minutes to Loretta Sanchez, who has been involved in the drafting and the movement of this bill. I congratulate her on her leadership.
May I inquire as to how much time remains.
I yield 1 minute to Keith Ellison, Congressman Ellison from Minnesota.
In response to my good friend and colleague, there is no evidence to support that claim. The argument that this will raise the cost of credit and restrict access to credit is an assertion that has absolutely no basis in fact. We asked the industry, at our six hearings, for some evidence to support this claim, and they had none.
The Federal Reserve and the General Accounting Office have said in reports that there is no evidence to support the argument that these abuses have lowered rates or increased access to credit. And these reports are on my Web site and also on the industry's Web site.
Getting rid of anticompetitive practices will increase access to credit. The Federal Reserve has called these practices anticompetitive. Getting rid of them will not hurt the market. Getting rid of these practices will help competition and increase, not decrease, access to credit.
As I mentioned earlier, we had a roundtable where many of the issuers participated, and some of them voluntarily started following the proposals, voluntarily. And they tried to move to the higher goal standards, and they were turning their backs on these unfair and deceptive practices. But they found that they were losing profit and market share. So we need to level the playing field not only for consumers, but for the industry itself.
I would now like to yield 2 minutes to my distinguished colleague from Connecticut, Christopher Shays, who is a member of the Financial Services Committee.
I yield 1 minute to my colleague, Congressman Ellison.
In response to my good friend on the other side of the aisle, this has not been a rush to judgment. Democrats have been working on this bill for well over 2 years. My subcommittee has held 6 hearings, numerous meetings, roundtable discussions with consumers and issuers. The gentlelady claims that Reg Z is the bill. Reg Z is not at all the same as this bill. Reg Z from the Federal Reserve deals just with disclosure, and the Federal Reserve has said disclosure is not enough. They have called the practices unfair, deceptive, and anti-competitive, and have come forward with recommendations that, in many ways, resemble the bill that is before us today.
I reserve the balance of my time.
Madam Speaker, I have no further speakers. Does the gentleman from California have any further speakers?
Madam Speaker, I would like to respond to my good friend and colleague on the other side of the aisle, Mr. Castle, for whom I have great respect, and we have worked together productively in many ways. If you support these reforms, as you have so stated, then you should vote for them, and you should not vote for delay and weakening by waiting for some action that may happen in the future. If you support these reforms that have been called unfair and deceptive, then I hope you will join us in a bipartisan effort to correct the system.
Now many of my colleagues on the other side of the aisle have said that we should not act. But how in the world can we not act now? We are providing a $700 billion rescue for banks. How can we not provide basic fairness to consumers and some help and rescue to Main Street?
These practices have been called by the Fed unfair and deceptive and anticompetitive. We are helping consumers and the market by getting rid of them. The current situation makes it more urgent that we do so, not less.
Many, many people worked long and hard on this bill, and I would like to first and foremost thank the chairman of this committee, Barney Frank, for his consistent support and input; the 155 cosponsors of this legislation; other members of the Financial Services Committee that took a leadership role, Keith Ellison, Emanuel Cleaver, Lincoln Davis; also Mark Udall, Peter Welch, and Louise Slaughter for their leadership on the issue; Walter Jones and Chris Shays who were supportive from the beginning; the many consumer groups without whom we could not have gotten the broad base of support for this legislation; the labor unions, the AFL-CIO, especially the SCIU, which made this a top priority, civil rights groups; and certainly, the staff: my own staff, Eleni Constantine and Edward Mills, who have poured their heart and intelligence into this effort for 2 years; and the staff of the full committee, Michael Beresik, Patience Singleton, Charles Yi and Rick Maurano. Thank you for your efforts.
I urge very, very strong support for this long overdue reform.
Madam Speaker, I rise in opposition to the motion.
Madam Speaker, I would like to ask the gentleman on the other side of the aisle if he would be open to a UC change to change the term ``promptly'' in the bill to ``forthwith.'' If this UC is agreed to, I would support it and accept the motion.
I yield to the gentleman from Delaware.
Then regretfully I oppose your motion to recommit because it would effectively kill the bill because we are in the last week of session, and it is yet another delay tactic. If this was a serious concern, you would have raised this in the committee, and it is obviously just another effort to kill the bill.
We are being called upon to help Wall Street. We should also help Main Street, and I would urge my colleagues to understand that this bill has been supported not only by 155 of their colleagues but over 52 major publications across this country in editorials or op-eds, every single consumer organization in this country, and three of the regulators, including the Federal Reserve.
Rarely are my colleagues on the other side of the aisle given an opportunity to vote against stopping unfair, deceptive, and anticompetitive practices that have been endorsed and called upon by many in this country to stop.
I urge a ``no'' vote on this motion to recommit. It is an effort to kill the bill. It is an effort not to help consumers, and it is an effort that would roll us backwards. They say they're for it. Well, we're giving them an opportunity to vote for consumers with this bill.
I urge a ``no'' vote on the motion to recommit. It kills the bill.
I yield back the balance of my time.
Madam Speaker, I demand a recorded vote.