I ask unanimous consent that the Landrieu-Snowe amendment No. 1079 be modified as it is presently at the desk. Madam President, I would like to speak for 3 or 4 minutes. I see my colleague from Iowa is here to speak, so I will not take any…
I ask unanimous consent that the Landrieu-Snowe amendment No. 1079 be modified as it is presently at the desk.
Madam President, I would like to speak for 3 or 4 minutes. I see my colleague from Iowa is here to speak, so I will not take any more time.
I spoke briefly about this amendment when I introduced it on behalf of Senator Snowe and others who joined us, from both sides of the aisle. I have spoken at some length with the chairman and ranking member as well. I am hoping we could have a positive outcome on this amendment because it is so important to our small businesses in America.
We have been trying with some degree of success to actually help small businesses on Main Street in our communities. I say ``with some success,'' because we all go home on the weekends and we continue to hear very serious complaints from our grocery stores and our hardware stores and our shoe repair shops and our cleaners and our business owners saying: Senator when is any help coming our way? You are giving all of these billions of dollars to Wall Street and to these big banks. Yet we are here really struggling. Is anyone listening to us in Washington?
Olympia Snowe and I, as chair and ranking member of the Small Business Committee, are doing what we can, saying: Yes, we are listening, and we want to be of some help. Every bill that comes to the floor, we try to put a lens on it: How is this helping small business?
This bill is a good step to help consumers, individuals, persons, who have a credit card. Unfortunately, the way the bill is currently drafted, it leaves out small businesses.
My amendment with Senator Snowe will simply put them in this bill so when this bill passes, we can have a real celebration about helping, not just individual cardholders but small businesses that are struggling to keep their doors open.
Madam President, you serve on the Small Business Committee. You have heard the testimony, immediate past testimony, of, really, businesses that have 500 employees that are struggling, to businesses that have 2 employees; from a conservative perspective, from a liberal perspective, that have come before our committee. That is how this amendment came to be.
As I reviewed the underlying bill and thought there were some terrific things in this bill that will help credit card users, let me just quickly say, it bans at any time, for any reason, increases in rates. No more can credit card companies just raise your rate any time for any reason. That is eliminated in this bill.
No longer can credit card companies charge you for a balance that you paid. If you owe $1,000, you send them a check for $900, they can still, under current law, charge you interest on the entire $1,000.
That is not fair. It is not fair to individuals. It is not fair to small businesses. That will be corrected in this bill.
It simplifies disclosures. Yes, I believe in the free market, but I believe in order to have a free market you need to be able to read the print. Sometimes not only is the print small, but it is almost difficult to understand. So it is more simple disclosures.
I think small business owners need that opportunity as well. It prohibits credit card companies from charging interest on transaction fees that they add to monthly bills. So small business will get that benefit.
This is, in conclusion, not going to solve every challenge that small businesses have, but at least they will know there are Members of the Congress, Senators and House Members, who hear them, who are trying to do what we can to respond, and this amendment will actually cover 26 million small businesses in America, in addition to the millions of other credit cardholders, perhaps over 50 million, maybe more. This will include small businesses with less than 50 employees.
I would like to help every business in America. I will continue to work on that. But for this bill, because it was directed to individuals, we thought by keeping it to relatively small businesses, it would fit in the overall scope and framework of this bill.
Senator Snowe and I are going to continue to work to expand credit opportunities for businesses with your help. This bill also is supported by Senator Shaheen, as an original cosponsor, and Senator Cardin. I wish to thank them very much for their support and help.
I see my colleague from Iowa and will reserve the remainder of my remarks for Tuesday, when I hope we can vote on this amendment.
Madam President, I come to the floor to speak about one of the pending amendments, No. 1079. In a few minutes, I am going to make a motion on that amendment.
I did not get to hear all of what the wonderful Senator and colleague from
Missouri said, but I take it that she, like I, supports the underlying bill. I can appreciate the need for this consumer protection. As chairman of the Small Business Committee, I have been hearing literally for months, as has the occupant of the chair, who has sat through hearings with me--we have heard the tragic stories of small businesses that have done everything right--businesses that had excellent business models, people who have been in business for four decades or longer, businesses that have never missed a credit card payment. You have heard their pleas to us to give them some relief.
The consumers generally have said the same. The wonderful thing is that this underlying bill gives some relief to consumers, to personal credit cardholders. I commend Senator Dodd and Senator Shelby for bringing this bill to the floor. It only got out of this Banking Committee, which is tough to get any pro-consumer legislation out of, unfortunately, by only one vote, I understand. But they got it to the floor. It is a very important bill. People cannot have their interest rates raised without notice. They cannot have their balances double charged. In other words, right now, today, if you owed $5,000 on your credit card and you cashed in your savings bonds and everything else and paid $4,500 on that balance to get it down, under the current law, credit card companies can still charge you the full interest on $5,000. That is wrong. These same companies are receiving billions and billions of taxpayer dollars so they can turn around and fleece the people who are sending them the tax dollars to bail them out. It is unconscionable, truly. So the committee acted. They did the right thing. They extended these protections to consumers.
But there were some potential jurisdictional questions, or perhaps an oversight, that the bill does not protect holders of business credit cards. Twenty-five years ago, this wouldn't have been an issue, because most people who were building a business, or financing one, had other avenues of capital.
You can see on this chart the trend in credit card use. In 1993, 16 years ago, 16 percent of business owners said they used credit cards to finance their operations. In that 16 years, it has gone to 60 percent-- from 16 percent to 60 percent. It has become a source of capital and cashflow, a tool, for small business.
Here again is another chart. We have learned this in our hearings we have had. Sources of small business financing in 2009: Credit cards, 59 percent, just about 60 percent; bank loans, 45 percent; vendor credit, 30 percent; used no financing--cash or savings--19 percent; private loans through a friend or family, 19 percent; and SBA loans, 5 percent. That is an important part, although it is small, which helps to finance. It is long term, I might say; our loans are 20, 25, 30 years. Some of these others are only 30- or 60-day loans. It is small, but it is important. We hope with your leadership, Madam President, and that of the Senator from Maine, we can get this number up.
The point of this discussion is this number--60 percent: Small businesses in Louisiana, from New Orleans, to Alexandria, to Shreveport--small business people I see when I am shopping at Costco or at Sam's Club, standing in line, and I know it is not a family because they have four dozen oranges. No family eats that many oranges in a week, so you know they are buying for their small business or restaurant or for their corner store. So we know that these small businesses are relying more and more on credit cards.
In this bill we are voting on, there is no protection for them--zero. This bill only protects personal credit cards, not business credit cards. So the Landrieu-Snowe amendment, cosponsored by the occupant of the chair--and I will get the list of others in a moment--it was cosponsored by several Members of the Senate, and they are Senators Cardin, Shaheen, Brown, Cantwell, Inouye, Klobuchar, Snowe, Collins, and I think others will be joining in support of this amendment. We have decided to offer an amendment that simply says the underlying safeguards for holders of personal credit cards should simply extend to businesses of 50 employees or less, up to $25,000 on their business card, because there are many people who carry a personal card for personal business. Of course, they may carry a business card for business-related business.
I know we have to give consumers relief, but I am here to say, as the chairman of the Small Business Committee, if we don't give our small businesses some relief, we are not going to have an economy to depend on because if we are looking for people to create jobs--which I think is what the President is calling on us to do--those jobs are going to be created by the small businesses of America. That is why in this debate the National Federation of Independent Businesses--not a bastion of liberalism by any means--is supporting this bill, and the American Society of Travel Agents, the American Beverage Licensees, the Consumer Federation of America, the Food Marketing Institute, the National Association for the Self-Employed, representing tens of millions of self-employed individuals--and they find it ironic that we say we are trying to get help to the little guy and we say we are trying to get help from Wall Street to Main Street. Yet every time there are amendments on the floor to actually do that, they never seem to be able to pass.
I know there are arguments that say: Well, we don't know what the effect of this amendment will be. I can tell you what the effect will be. The small businesses in America, the 20 million that will be affected by this, will say: Thank you for not allowing my rates to go up without notice. Thank you for not allowing them to double-charge me if I am paying down $20,000 on my $25,000 balance. Thank you, because I didn't get a penny from the TARP money, but at least I am getting some help through this consumer relief bill.
As I said, the National Federation of Independent Business, the National Small Business Association, the Petroleum Marketers Association of America, the Service Employees International Union, the Small Business Majority, and the Hispanic Chamber of Commerce, the Women's Chamber of Commerce, and the Black Chamber of Commerce have all endorsed this bill. We haven't heard yet from the U.S. Chamber, but I am hoping they will step forward--at least the small business section of the U.S. Chamber. I understand they represent large banks, credit card-issuing companies, so it is tough for them. But somebody has to speak up for small business, and I hope that right now my colleagues will consider this amendment.
Again, I am going to have to call it up for action now and actually move to table it, and when I do that, we will not be able to have any discussion on this because that motion is not debatable. That is why I am speaking about it now. But at least we will get on the record how people feel about this, and I am hoping we can get a substantial vote.
I have decided that even if it is just my vote, and the cosponsors and Senator Snowe, at least the small business people in America will know there are some people here who understand they deserve the minimal protections this bill provides, particularly at this time, and that in the next year or two, or three, four, or five--until we get on safe ground--we need to be doing everything we can to help small businesses because without them, there will be no recovery. It is not the large businesses that are going to create these jobs. They are going to contract. They are going to redesign themselves. They are going to contract until things are safe. They are going to poke their head out of that shell when the way is clear. The people who are going to run out in the line of fire are the small businesses these people represent. They are the ones who are going to say: No, I am not going down. I am going to hire. I am going to keep moving forward because I know my idea is good or because I know when we come out of this recession, I will be able to make it. These are the people on whom we will build this recovery, and these are the people who need help today. We don't need to study it for 10 years or look at it for 5 years. These organizations represent the millions of businesses that need help today. So on behalf of this coalition, I think the facts are on our side.
This is not an anti-credit card company amendment, this is a pro- small business amendment. I know people have to make money. Everybody has to make money. And everybody is trying
to do what they can. But there is no excuse right now, when small businesses have to rely--as I said, 60 percent of our small businesses--and this is an average. In some States, it probably could be up to 70 percent of small businesses. In some States, maybe it is below 50 or 45. But it is still a significant number of businesses using credit cards to help finance their business. Let's give them a little help today.
So I move to call up and I ask for the yeas and nays on amendment No. 1079. I further move to table the amendment.
Madam President, I withdraw the request, and I ask for regular order on amendment No. 1079.
Madam President, in order for me to get a vote on this amendment, I am going to have to ask for the amendment to be tabled. I would like to ask for the amendment to be tabled. Of course, I will be voting not to table it and will be asking for the yeas and nays.
Madam President, I suggest the absence of a quorum.
Madam President, I ask unanimous consent the order for the quorum call be rescinded.
Madam President, at this time I would like to remove my motion to table amendment No. 1079, but I would like it to remain pending.
I understand the amendment will still be pending. But when cloture is invoked, unfortunately, this amendment is going to fall because it is not germane to the bill so we will not be able to have a vote on this amendment, which was my hope. But because of time constraints and because of the difficulty of getting Members to the floor for the procedures that we would have to go through to have a vote, I am happy to report that the chairman of the committee has agreed to allow our committee, Small Business, to have jurisdiction over this matter.
We will, in the next few weeks, be putting together a bill on the Small Business Administration Reauthorization, which we have to do by matter of course and responsibility. I appreciate Senator Dodd agreeing to acquiesce to allow our committee to have jurisdiction over this narrow matter. I intend, with the help of my ranking member, Senator Snowe, and the help of, I hope, the vast majority of the members of our committee, both Democrats and Republicans--I hope we will stand together to present at that time legislation that can provide real relief to small businesses that need all the help they can get.
We are not asking for artificially low rates to be set. We are not asking to tie credit card companies' hands in the event that small businesses renege on their payment plans or are late paying. We are just saying, if you are a business operating out there and you have paid your bills on time, you are paying your credit cards, you are meeting your obligations, that your rates cannot arbitrarily be raised.
We understand transactions and contracts between business people. This is not the Government stepping in to try to negotiate. This is simply a level playing field between consumers and small businesses.
Again, because 69 percent of businesses in America today depend on credit cards to finance their operations, I am here to say, and our committee will be back saying to the Members of the Senate, we must get our eyes on small business, on their access to credit, on their ability to survive so this recovery can take root, and we can create the kinds of jobs that will be necessary.
I am sorry because of the time constraints and the unwillingness of some here to be cooperative. But I thank the chair of the committee, Senator Dodd, for allowing our committee to have jurisdiction. I can promise, as the chair of that committee, this amendment will be on the bill when our bill comes to the floor for consideration and we will get a vote. If people want to vote against our amendment--something may not be exact--fine. Let them vote against it. But I want the record to be clear that there are a number of Members of the Senate, hopefully a majority, who believe the same protections extended to consumers for their credit cards would be extended to businesses in America, small businesses--those with 50 employees or less--with at least a $25,000 limit on their credit card. It is not going to be every business in America that will get covered, but it is the small businesses that are having the most difficult time.
I yield the floor.