[House Hearing, 112 Congress] [From the U.S. Government Publishing Office] UNDERSTANDING THE FEDERAL RESERVE'S PROPOSED RULE ON INTERCHANGE FEES: IMPLICATIONS AND CONSEQUENCES OF THE DURBIN AMENDMENT ======================================================================= HEARING BEFORE THE SUBCOMMITTEE ON FINANCIAL INSTITUTIONS AND CONSUMER CREDIT OF THE COMMITTEE ON FINANCIAL SERVICES U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED TWELFTH CONGRESS FIRST SESSION ---------- FEBRUARY 17, 2011 ---------- Printed for the use of the Committee on Financial Services Serial No. 112-8UNDERSTANDING THE FEDERAL RESERVE'S PROPOSED RULE ON INTERCHANGE FEES: IMPLICATIONS AND CONSEQUENCES OF THE DURBIN AMENDMENT ======================================================================= HEARING BEFORE THE SUBCOMMITTEE ON FINANCIAL INSTITUTIONS AND CONSUMER CREDIT OF THE COMMITTEE ON FINANCIAL SERVICES U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED TWELFTH CONGRESS FIRST SESSION __________ FEBRUARY 17, 2011 __________ Printed for the use of the Committee on Financial Services Serial No. 112-8
U.S. GOVERNMENT PRINTING OFFICE 64-557 PDF WASHINGTON : 2011 ----------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800 Fax: (202) 512-2104 Mail: Stop IDCC, Washington, DC 20402-0001 HOUSE COMMITTEE ON FINANCIAL SERVICES SPENCER BACHUS, Alabama, Chairman JEB HENSARLING, Texas, Vice BARNEY FRANK, Massachusetts, Chairman Ranking Member PETER T. KING, New York MAXINE WATERS, California EDWARD R. ROYCE, California CAROLYN B. MALONEY, New York FRANK D. LUCAS, Oklahoma LUIS V. GUTIERREZ, Illinois RON PAUL, Texas NYDIA M. VELAZQUEZ, New York DONALD A. MANZULLO, Illinois MELVIN L. WATT, North Carolina WALTER B. JONES, North Carolina GARY L. ACKERMAN, New York JUDY BIGGERT, Illinois BRAD SHERMAN, California GARY G. MILLER, California GREGORY W. MEEKS, New York SHELLEY MOORE CAPITO, West Virginia MICHAEL E. CAPUANO, Massachusetts SCOTT GARRETT, New Jersey RUBEN HINOJOSA, Texas RANDY NEUGEBAUER, Texas WM. LACY CLAY, Missouri PATRICK T. McHENRY, North Carolina CAROLYN McCARTHY, New York JOHN CAMPBELL, California JOE BACA, California MICHELE BACHMANN, Minnesota STEPHEN F. LYNCH, Massachusetts KENNY MARCHANT, Texas BRAD MILLER, North Carolina THADDEUS G. McCOTTER, Michigan DAVID SCOTT, Georgia KEVIN McCARTHY, California AL GREEN, Texas STEVAN PEARCE, New Mexico EMANUEL CLEAVER, Missouri BILL POSEY, Florida GWEN MOORE, Wisconsin MICHAEL G. FITZPATRICK, KEITH ELLISON, Minnesota Pennsylvania ED PERLMUTTER, Colorado LYNN A. WESTMORELAND, Georgia JOE DONNELLY, Indiana BLAINE LUETKEMEYER, Missouri ANDRE CARSON, Indiana BILL HUIZENGA, Michigan JAMES A. HIMES, Connecticut SEAN P. DUFFY, Wisconsin GARY C. PETERS, Michigan NAN A. S. HAYWORTH, New York JOHN C. CARNEY, Jr., Delaware JAMES B. RENACCI, Ohio ROBERT HURT, Virginia ROBERT J. DOLD, Illinois DAVID SCHWEIKERT, Arizona MICHAEL G. GRIMM, New York FRANCISCO ``QUICO'' CANSECO, Texas STEVE STIVERS, Ohio Larry C. Lavender, Chief of Staff Subcommittee on Financial Institutions and Consumer Credit SHELLEY MOORE CAPITO, West Virginia, Chairman EDWARD R. ROYCE, California, Vice CAROLYN B. MALONEY, New York, Chairman Ranking Member DONALD A. MANZULLO, Illinois LUIS V. GUTIERREZ, Illinois WALTER B. JONES, North Carolina MELVIN L. WATT, North Carolina JEB HENSARLING, Texas GARY L. ACKERMAN, New York PATRICK T. McHENRY, North Carolina RUBEN HINOJOSA, Texas THADDEUS G. McCOTTER, Michigan CAROLYN McCARTHY, New York KEVIN McCARTHY, California JOE BACA, California STEVAN PEARCE, New Mexico BRAD MILLER, North Carolina LYNN A. WESTMORELAND, Georgia DAVID SCOTT, Georgia BLAINE LUETKEMEYER, Missouri NYDIA M. VELAZQUEZ, New York BILL HUIZENGA, Michigan GREGORY W. MEEKS, New York SEAN P. DUFFY, Wisconsin STEPHEN F. LYNCH, Massachusetts JAMES B. RENACCI, Ohio JOHN C. CARNEY, Jr., Delaware ROBERT J. DOLD, Illinois FRANCISCO ``QUICO'' CANSECO, Texas C O N T E N T S ---------- Page Hearing held on: February 17, 2011............................................ 1 Appendix: February 17, 2011............................................ 77 WITNESSES Thursday, February 17, 2011 Floum, Joshua R., General Counsel, Visa Inc...................... 43 Kantor, Doug, Partner, Steptoe & Johnson, on behalf of the Merchant Payments Coalition.................................... 41 Kemper, David W., Chairman, President and CEO, Commerce Bank, on behalf of the American Bankers Association (ABA) and the Consumer Bankers Association (CBA)............................. 40 Michael, Frank, President and CEO, Allied Credit Union, on behalf of the Credit Union National Association (CUNA)................ 37 Prentzas, Constantino (Gus), Owner, Pavilion Florals, and Life & Health Fitness................................................. 36 Raskin, Hon. Sarah Bloom, Governor, Board of Governors of the Federal Reserve System......................................... 2 Seltzer, David, Vice President and Treasurer, 7-Eleven Inc., on behalf of the Retail Industry Leaders Association (RILA)....... 45 APPENDIX Prepared statements: Canseco, Hon. Francisco...................................... 78 Marchant, Hon. Kenny......................................... 80 Renacci, Hon. James.......................................... 82 Floum, Joshua R.............................................. 84 Kantor, Doug................................................. 101 Kemper, David W.............................................. 147 Michael, Frank............................................... 160 Prentzas, Constantino (Gus).................................. 174 Raskin, Hon. Sarah Bloom..................................... 179 Seltzer, David............................................... 192 Additional Material Submitted for the Record Capito, Hon. Shelley Moore: Written statement of various higher education associations... 199 Written statement of the Electronic Payments Coalition....... 200 Written statement of U.S. PIRG, Public Citizen, and the Hispanic Institute......................................... 204 Written statement of the 60 Plus Association................. 211 Written statement of the Association of Kentucky Fried Chicken Franchisees, Inc................................... 212 Written statement of the Independent Community Bankers of America (ICBA)............................................. 215 Written statement of Senator Richard J. Durbin............... 220 Written statement of Hy-Vee.................................. 225 Written statement of the National Association of Federal Credit Unions (NAFCU)...................................... 227 Written statement of the Network Branded Prepaid Card Association (NBPCA)........................................ 230 Marchant, Hon. Kenny: Written statement of the Texas Credit Union League........... 234 Perlmutter, Hon. Ed: Letter from William A. Cooper, Chairman and CEO, TCF Financial Corporation...................................... 236 Kantor, Doug: Excerpt from a House Judiciary Committee hearing held on May 15, 2008................................................... 331 Kemper, David: Written responses of the American Bankers Association to questions submitted by Representative Capito............... 334 Written responses to questions submitted by Representative McCarthy................................................... 337 Michael, Frank: Written responses to questions submitted by Representative McCarthy................................................... 338 Raskin, Hon. Sarah Bloom: Written responses to questions submitted by Representative Capito..................................................... 339 Written responses to questions submitted by Representative Maloney.................................................... 340 Written responses to questions submitted by Representative McCarthy................................................... 361 Written responses to questions submitted by Representative Pearce..................................................... 363 Written responses to questions submitted by Representative Westmoreland............................................... 364 Seltzer, David: Written responses to questions submitted by Representative McCarthy................................................... 368 UNDERSTANDING THE FEDERAL RESERVE'S PROPOSED RULE ON INTERCHANGE FEES: IMPLICATIONS AND CONSEQUENCES OF THE DURBIN AMENDMENT ---------- Thursday, February 17, 2011 U.S. House of Representatives, Subcommittee on Financial Institutions and Consumer Credit, Committee on Financial Services, Washington, D.C. The subcommittee met, pursuant to notice, at 11:30 a.m., in room 2128, Rayburn House Office Building, Hon. Shelley Capito [chairwoman of the subcommittee] presiding. Members present: Representatives Capito, Marchant, Royce, Manzullo, Hensarling, McHenry, Pearce, Westmoreland, Luetkemeyer, Huizenga, Duffy, Renacci, Canseco; Maloney, Watt, Baca, Miller of North Carolina, Scott, Velazquez, Meeks, Lynch, and Carney. Also present: Representatives Green, Welch, Peters, Perlmutter, Clay, and Cleaver Chairwoman Capito. This hearing will come to order. I would like to welcome everyone to the Subcommittee on Financial Institutions and Consumer Credit's first hearing for the 112th Congress. Before we start, I would like to remind everyone briefly of our rules. Ranking Member Maloney and I have agreed that both sides are going to waive our opening statements in light of this chaotic schedule that we have. So normally, we would have 10 minutes for the purpose of opening statements on each side. Without objection, we can have all members' opening statements be made a part of the record. I would like to remind the witnesses as well that you have 5 minutes to give your oral statements, and without objection, your written statements will be made a part of the record. The last item of housekeeping is to first of all say how thrilled I am to have the gentlelady from New York as the ranking member of this subcommittee. She has a long history of dealing with issues, and I am very excited that we are going to be able to work together on this subcommittee. But I would like to recognize her for the purpose of making a unanimous consent request. Mrs. Maloney. Thank you. I join the chairwoman in welcoming all of the witnesses who will be testifying today, as well as the members of the subcommittee. I congratulate the Chair on her appointment and express my deep desire to work constructively to move forward in a positive way for our country. I am thrilled to be here. We have a very good panel; welcome to Governor Raskin. Due to time constraints, I am yielding back and will place my statement in the record. And I am delighted that this thoughtful hearing is among our first. Thank you. Chairwoman Capito. Thank you. I would also like to ask for unanimous consent for Representative Welch to participate in the hearing. If there are no objections, is is so ordered. With that, I would like to say before I introduce our first witness, this is obviously a topic of great interest to a lot of people, so we are going to be listening very closely and I appreciate everybody's weighing in on the topic. And hopefully the point of this hearing is to hear all sides of the issue so we understand it better. So with that, I would like to welcome the Honorable Sarah Bloom Raskin who is a Governor on the Federal Reserve Board. STATEMENT OF THE HONORABLE SARAH BLOOM RASKIN, GOVERNOR, BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM Ms. Raskin. Chairwoman Capito, Ranking Member Maloney, and members of the subcommittee, thank you for the opportunity to discuss the Board's proposed Regulation II which the Federal Reserve was directed to implement pursuant to Section 1075 of the Dodd-Frank Act. Generally unnoticed by the customer, each time a debit card is swiped to make a purchase here in the United States, interchange fees are paid by the merchant to the bank that issued the debit card. Interchange fees are a controversial feature of the debit card system. And their substantial rise in recent years has precipitated a national and international debate about the appropriate level of those fees. Supporters of the current interchange system contend that interchange fees play an important role in balancing the two sides of the payment card market by encouraging merchants to accept cards and encouraging card issuers to issue cards and consumers to hold and use them. Critics of interchange fees contend that due to characteristics of the debit card market, merchants generally do not have the leverage to control their cost of accepting debit cards. And network competition tends to result in higher interchange fees as networks strive to attract issuers and cardholders. Critics of interchange fees note that non-card-based payments take place without any such compensation being provided by merchants' banks to consumers' banks. So for Section 1075 of the Dodd-Frank Act, Congress engaged in this debate and enacted a law that addresses the concerns of interchange fee critics in several ways. First, I will discuss what is referred to as the prohibition on network exclusivity arrangement and routing restrictions. Second, I will discuss the part of the law that requires the Board to establish an interchange fee standard. The statute exempts small issuers, government benefit programs, and certain prepaid cards from this interchange fee standard but it does not exempt them from the exclusivity and routing restrictions. Turning first to the prohibition on network exclusivity, the statute requires the Board to adopt rules that prohibit issuers and payment card networks from restricting the number of networks on which a debit card transaction may be processed to fewer than two unaffiliated networks. We requested comments on two alternative interpretations of this prohibition. One interpretation would require issuers and networks to allow a debit card transaction to be routed over at least two unaffiliated debit card networks, for example, one signature-based network and one unaffiliated PIN-based network. Another interpretation would require a debit card to have at least two unaffiliated networks for each method of authorization that can be used with that card, such as signature and PIN. This latter approach would provide more merchants with routing choice but would entail far more substantial operational changes by networks, issuers, merchant acquirers, merchants, and their processors. Additionally, the statute requires the Board to adopt rules that prohibit issuers and networks from inhibiting the ability of merchants to route debit card transaction over any network that may process such transactions. The proposed rule includes examples of actions that would impede merchants' routing flexibility. These network exclusivity and routing provisions, along with the statutory provisions that give merchants more flexibility to set differential prices based on method of payment used, could promote competition among networks and place downward pressure on interchange fees. But let's turn to interchange fee standards. In addition to these market approaches to constraining interchange fees, the statute limits any interchange fee that an issuer may receive for a debit card transaction to an amount that is reasonable and proportional to the issuer's cost with respect to the transaction. To establish standards for assessing whether an interchange fee meets this statutory reasonable and proportional requirement, the law directs us to consider a number of things. First, the functional similarity between debit card transactions and checks which clear at par without interchange fees. The statute also directs us to distinguish between the issuer's incremental cost to authorize, clear, and settle a particular transaction which by law, we must consider. And the other costs that are not specific to a particular transaction which by law we may not consider. Given the statute's mandate to consider the functional similarities between debit card and check transactions. Our proposal includes as allowable costs only those incremental costs that the statute explicitly directs us to consider. There is no single generally accepted definition of the term ``incremental cost'' as it applies to a particular transaction. So the proposal uses average variable cost as a proxy. We have requested comments on whether other costs of a particular transaction should be included as allowable costs and how these costs should be measured. The Board requested comment on two alternative approaches for implementing the interchange fee standard. The first approach is based on each issuer's allowable cost with a safe harbor and a cap. The second approach adopts a cap that is applicable to all covered issuers. We also requested comment on different conceptual approaches for implementing a fraud prevention adjustment to the interchange fee standard. Comments on the proposed rule are due by next Tuesday, February 22nd. We have already received thousands of comments raising a variety of issues and expect to receive many more in the next several days. The other Board Members and I are reserving judgment on the terms of the final rule until we have the opportunity to consider these comments. As you can see, the debit card interchange provisions of the Dodd-Frank Act raise a number of complex issues. The Board is devoting substantial resources to understanding and addressing these issues within the parameters established by the statute. We welcome input from the public and from members of the committee in this effort. And I would be happy to answer any questions you may have. [The prepared statement of Governor Raskin can be found on page 179 of the appendix.] Chairwoman Capito. Thank you, Madam Governor. And I would like to lead off the questions. I appreciate your testimony. On the issue of the exemption, on page five of your testimony, you talked about the--and you said this in your statement that the statute applies these provisions to all issuers, talking about the exclusivity portion of it, including the small issuers and the government-administered payment and other pre-paid programs. As you are well aware and you stated in your statement, this is an issue that has brought many questions as to whether the exemption for community banks and credit unions can actually result in exempting them from the interchange fee. And you mentioned in your statement pretty--and actually Mr. Bernanke said today which I am sure you are probably not quite aware of because he just said it in another committee, that there are some risks that the exemption will not be effective. Could you speak a bit about how this exemption can hold up through the different parameters that you are charged with? Ms. Raskin. Certainly. And thank you. Thank you for that question. Yes, small banks are exempt. They are exempt from the interchange rules portion of this section of the law. And they are also made to be exempt in the proposed rule that the Federal Reserve has put out for comment. The small issuer exemption is looked at from the perspective of asset size. So we have set a $10 billion level and that is looked at from the perspective of the size of the issuer as well as its affiliates and subsidiaries. But as you note, small banks and credit unions do in fact have concerns about this exemption. And they note in particular that the law does not put a similar exemption that it has in the interchange fee portion into the other portion of the law. So the exemption does not apply in the provisions having to do with network exclusivity and the routing restrictions. Just to elaborate, Chairman Bernanke's earlier comments, there are, I think, legitimate questions regarding how in fact small issuers are going to in essence have this exemption work in their favor because there is indeed no statutory authority provided in the law that would permit the networks to in fact engage in two-tier pricing. So it is a matter of whether the networks in fact will put two tiers of pricing in place and the extent to which that pricing becomes maintainable or whether in fact it gets rerouted by market forces. Chairwoman Capito. Right. And the question being that if you are an issuer from a community bank or a credit union, that your interchange fee could remain higher, will there be, as you said, dollar pressure to move customers towards the lower cost interchange issuers? The second question I have is on the fraud provision, because this is the one that I have heard a lot about. And in your statement, you mentioned that the--considering the comments they received, the Board plans to issue a specific proposal on the fraud prevention adjustment. My understanding is that the Federal Reserve felt that the language was written so tightly that to calculate for fraud prevention was not included in the parameters of--when you were looking at the cost, the incremental cost. What do you mean by the comment? Are you actually going to be calculating this? Or is this something that is going to come through in the comments? Do you have a comment on that? Ms. Raskin. Sure. The whole issue of fraud prevention cost is dealt with explicitly in the statute. So, the statute has directed the Federal Reserve Board to allow for a fraud prevention adjustment that takes into account fraud prevention cost. And essentially, what we are directed to do by law is to develop standards for what those fraud prevention-- Chairwoman Capito. But not a pricing standard? Ms. Raskin. It is actually silent on standards, but essentially, the law requires us to develop standards. And what we have done, because this is an area that I think is something we want to learn more about, is in our proposed rule, we have asked for comment on what fraud prevention costs might, in fact, be. These are costs that we should consider before we promulgate the final rule. So we have, in fact, adhered to the notion that fraud prevention causes something that standards need to be developed for. And we really await, with some eagerness, the comments that we receive and we will review them so that we can determine what makes sense. Chairwoman Capito. Right. Thank you. I will turn to our ranking member for questioning. Mrs. Maloney. Thank you very much, and congratulations on your appointment, Governor Raskin. As you may know, I had the honor of serving on a conference committee with Chairman Frank and Mr. Meeks and Mr. Pearce and Mr. Watt. Many of my colleagues were on this panel. We did work quite a bit on the compromise language that we put forward on interchange. And part of it was that everybody be treated fairly and that the financial institutions be able to recoup the price or cost of providing a service, but also limiting it to a reasonable amount. When do you think you will finish your review of fraud prevention, which regrettably is becoming a huge issue, along with identity theft and the other items that are part of our financial system? When do you think that review process will be over? Ms. Raskin. By law, we are required to have final rules in place by July 21st. Mrs. Maloney. July 21st, okay. Ms. Raskin. For effectiveness. And by April 21st, we need to have--after we back up from the date of effectiveness, by April 21st, we would need to have final rules in place. So, backing that up further, the comment period is now coming to an end, but there are still some more days to it, and on Tuesday, the comment period ends. And as I noted before, one of the issues we put out explicitly for comment has to do with the fraud adjustment issue. So those comments are coming in and we will consider them carefully after they are all in and make a determination as to how to appropriately contemplate including them or not in the rule. Mrs. Maloney. In relation to the comment period, some organizations, some constituents have suggested that the process was not as thorough as it should be, that the Federal Reserve should have had more time to study the issue and to survey a wider set of financial institutions and retail establishments. Can you go through your review process and whether or not you believe it was extensive enough? And what studies have been done either by the Federal Reserve or by others? Can you comment on your review process? I know from the credit card bill of rights, which I track daily, it was expensive and exhaustive. But this one, I have not--with the elections and everything else--tracked as carefully. So, if you could go through the details of the review process, please? Ms. Raskin. Certainly. It was quite a massive set of efforts because, as you know, the Dodd-Frank Act passed July 21, 2010. So, from July to October, the Federal Reserve Board staff engaged in a number of industry surveys; from July to September, those surveys were developed in-house. We essentially arranged for multiple public drop-in calls for industry participants to comment on the draft surveys. I should note that some calls had well over 100 participants and there were more than 50 phone call lines that had to be opened up for this process. We accepted many written comments on draft. And the input, I think, really did help us refine the survey instrument so that by the time September 13th came around, surveys were sent to all the covered issuers. Surveys were also sent to payment card networks and to large merchant acquirers. And what we indicated in those drafts in those final surveys was that we would like the responses due October 12, 2010. Let me say a little bit about what those surveys, who they went out to and what they covered. Essentially, there were three major surveys: a debit card issuer survey; a payment card network survey; and a merchant acquirer survey. For the debit card issuer survey, it was sent to about 131 financial organizations which had over $10 billion in assets. Of those 131 organizations, 89 responded with data, 13 did not have debit card programs, 3 declined to participate, and the Board didn't receive any communication regarding 26 of them. The questions that survey included were very broad in terms of cost. So, they not only included authorization clearing and settlement costs, but included fixed and variable costs and other broad definitions of cost. In terms of the payment card network survey, that was sent to all 14 networks which we believe to be active in debit card-- Chairwoman Capito. Just a second. I am going to let you go on, if you could kind of summarize it more quickly, because this is an area of very great importance. So, we will try to stick to the 5-minute-- Ms. Raskin. It was very thorough. Chairwoman Capito. Do you think you need more time to study this issue? Ms. Raskin. I would leave that to your discretion. I can complete the answer for the record and you can evaluate whether you think it was something that we possibly missed. Mrs. Maloney. I think that would be appropriate if we can get in writing a review of your entire review system and other studies that you know that are out there. Thank you. Chairwoman Capito. Thank you. Mr. Marchant, from Texas. Mr. Marchant. Thanks, Madam Chairwoman. The issue I would like to stress this morning is the claim by the small banks and credit unions that the regulation of this fee, lowering it from, according to everything I have been able to read, 44 cents to about 12 cents, 12 to 15 cents, results in a loss of the income of about $12 billion. Is that a number that the Fed has recognized? Is that a recognized number, is that a claim or-- Ms. Raskin. I have heard that number used. Mr. Marchant. Is it a reasonable argument that this regulation will limit the amount of fee income that the banks and credit unions can charge? Ms. Raskin. The interchange fee portion of the rule essentially requires the Fed by law to look at the reasonable and proportional cost that the issuing bank faces. One methodology that we follow in order to try to understand the broad nature of what those costs might be was essentially to engage in the set of surveys that I described. Interestingly enough, what those surveys revealed was a broad range of average variable cost--and as I mentioned before, the average variable cost proxy was used for incremental cost. The language of the statute uses the term ``incremental cost,'' that was a little bit hard to translate into something workable. And we thought the notion of average variable cost came closest to it. So, in our survey, we looked at a range of issuing banks and tried to understand what their average variable costs were. And we saw interestingly enough quite a range, so that there are some issuing banks that can do this at very low cost and others that do it at very high cost. When the amount that you cite, of 12 cents and 7 cents, when those amounts were arrived at, they were really derived from standards regarding those average variable costs. So, the 7 cents, essentially, is the median point that we found in our survey, so the median issuing banks that would be covered by this proposed rule has average variable cost of 7 cents a transaction, the 12-cent number was arrived at in terms of looking at the 80th percentile of issuing banks that had responded. So, 80 percent of the banks in the sample survey were essentially at 12 cents or lower in terms of their average variable cost. Mr. Marchant. My concern is that at a stage in the country's banking system where many banks are trying to rebuild their capital base, they are trying to maintain some degree of profitability, and they are desperately trying to stay open, in many cases, especially the small banks and the credit unions that we, at this time, decide that we are going to go in and review standards and cap the amount of fees that they can charge on this, in effect, lowering their profit, not allowing them to put profit into their capital base and something that is very, very counterproductive in this day and age that we are in. Why has it become so critical to do this now? Is there a feeling--I understand that you have been instructed--the Fed has been instructed to do it. But I don't receive any complaints in my district from people who are complaining that their debit card fees are too high or that their--that in fact, they love their debit cards, they love the ability of the banks to offer them a debit card and not have to pass on exorbitant fees. So, I think that--I would like for you to take more time, I would like for you to consider the impact that this is going to have on small to medium-sized banks and on their ability to add capital to their banks so they can have more money. Chairwoman Capito. Thank you. Mr. Watt? Mr. Watt. Thank you, Madam Chairwoman. Governor Raskin, I know you can't control the pace of this process, and you can't tell us whether we put you under too tight of a deadline, but I need to push you a little bit more on Mrs. Maloney's question. It seems to me that from what I gather, you had at least a two- or three-stage process: a survey; a proposed rule; and a comment period on one aspect of this and not on the fraud cost aspect of it--9 months to do something that we punted to you as a Congress, it wasn't the House bill, it was in the Senate bill, we had to reach reconciliation. My question to you is not should we or ought we, the question is whether you would benefit from a further extension of time to evaluate these multiplicities of comments, particularly on the fraud calculation section of this, and go through a more thorough process. Ms. Raskin. Thank you for that question, and I want to say that we are doing-- Mr. Watt. I understand that, Ms. Raskin. I am just trying to figure out whether you would benefit or wouldn't benefit. Don't be vague. Either you would or you wouldn't. Ms. Raskin. It is hard to--it is actually hard to know and I am not trying to skirt that-- Mr. Watt. Okay, then, that is the answer. Okay. Ms. Raskin. You know. Mr. Watt. Let me go to the next question. If that is the answer, then you don't have an answer, that is really what you are saying-- Ms. Raskin. I am saying the comment period is still moving strong and we still-- Mr. Watt. You know you are going to get a substantial number of comments, you know you have gone through more stages on one aspect of this than you have on the other aspect of it, the fraud section, because you just said that. But I will draw my own conclusions from that. The other real question I have is whether there is something in this rule that really addresses what we would be trying to get to, I think in this whole discussion, and that is whether--is there anything here that allows you to assess who benefits from this process, whether the issuer benefits, whether the merchant benefits, our ultimately beneficiary we were hoping was the consumer. I guess my question is, is there anything in what we gave you as instructions to rule make about that would make some assessment of whether this is just a fight between merchants and issuers or whether ultimately the consumer really is going to benefit from this cost reduction or cost shift. I have been troubled by that from the beginning of this discussion because I haven't been able to see how we ensure that the ultimate beneficiary that we were advocating for--that we all should be advocating for, consumers, really get the benefit of this. Is there anything in the legislation or your rule-making process that will allow you to address that? Ms. Raskin. It is an excellent question and the consumer effects are always in the forefront of our deliberations. The statute itself didn't direct us to look at the consumer effects but that is beside the point. The consumer effects are something that we have tried carefully to articulate and to the extent we can try to measure. I am going to describe a little bit what those-- Mr. Watt. No, no. I am trying to figure out what in this rule would do that? Is that what you are getting ready to say? Ms. Raskin. What I am getting at is essentially, I think the theory behind-- Mr. Watt. Oh, I know the theory. I am trying to talk about the practice. Is there something in the rule that gets you to that determination? Ms. Raskin. Yes. The idea-- Mr. Watt. Okay, tell me what that is. I know the theory. Ms. Raskin. The idea is that lower interchange fees, it is argued, would lower cost to merchants who possibly in competitive environments, could lower their cost to consumers. That is one consumer effect. Not that that effect was directed by Congress to be looked at explicitly but that is what animates, I believe, the statute. So, there is that one consumer effect. Another consumer effect which may work in a different way has to do with debit card holders who get rewards. Those rewards are often made possible through higher interchange fees. If those rewards were somehow to be reduced or changed, I think that would be a factor that would be involved in evaluating the consumer well-being. Similarly, we would want to think about banks that charge fees for other services. If banks were to change that portfolio of services, query as to whether consumers would be helped or hurt. So, I think that there are consumer effects, and my sense from the statute is that these consumer effects animated the statutes but they are not particularly noted explicitly. Chairwoman Capito. Thank you. We will go to Mr. Royce, from California. Mr. Royce. Thank you, Madam Chairwoman. I think some of the surprising things in life are the things we all take for granted. And when I think about the attacks on our payment system that occur every day, there are attempts to find new innovative ways to create fraud. And you look at the billions and billions of dollars that are invested by card issuers and invested in the system, in building a network that in such an extraordinary way today allows the system to stay ahead, for the most part, to the extent that the consumer himself or herself does not have to pay for that fraud. There is a guarantee that the system works well enough, and I guess what is surprising to me is how often, in most cases, the fraud is actually discovered by these complicated processes that have been developed to pick this up in the process of the fraud being committed before the consumer ever knows that she or he have been defrauded. And so, you look at the billions that are invested into that and I was going to ask, why does the proposed rule lack a full accounting of several things? One would be the fixed cost in all of this and the next would be the network fees and other costs. But why did the Board omit adjustment for fraud prevention cost or actual fraud cost? I ask that because in watching the way in which fraud evolves so quickly, it is clear that whatever we invested yesterday, it is not going to be enough tomorrow to keep up with all the miscreants who are finding new ways to attack the system. Could I have your thoughts on that? Ms. Raskin. Certainly. The fraud prevention costs, as you can imagine, are probably something that are going to be substantial. And I imagine that through this comment period, we are going to be hearing about what those different programs look like, what the technologies look like, what in fact the parameters are for so-called legitimate fraud prevention efforts. And part of the reason for this comment period was really to get a more robust understanding of what you are talking about in making sure that essentially we understand what efforts and costs go into fraud prevention. That said, I do want to suggest something that the statute was silent on, and that has to do with costs that are related to a particular transaction that are not related to authorization, clearance, and settlement. So if you read the law carefully, as we have now done many times, the law directs us to look at a couple of things. We are supposed to consider, for example, functional similarity, that is, the similarity between debit card cost and debit card transactions as compared to check clearing. But, we are also supposed to consider the incremental cost that is incurred by an issuer when that issuer engages in authorization clearance or settlement. And we are supposed to make sure that those costs are specific--debit. Mr. Royce. Okay. Ms. Raskin. So, what you are suggesting in terms of fraud losses, could be something that falls in a so-called bucket that the statute is silent on, which doesn't mean that it would be either-- Mr. Royce. Right, right. No, I understand your point but there is going to be less bank incentive, clearly. There are going to be fewer resources for fraud prevention and less likelihood that the billions that need to be invested in the future will be there. Another point I was going to make is one that Chairman Bernanke made today. He said we are not certain how effective the exemption might be when it--as merchants might reject small banks' cards, there are some risks that the exemption will not be effective going back to the argument made earlier. Chairman Bernanke said that there is a possibility that merchants won't accept more expensive cards or the cards won't offer two-tier pricing. So as you look at all of these different issues that are coming up, there is at a minimum some confusion about the provision in this rule and if done incorrectly, this could be the final nail in the coffin for many of the smaller financial institutions, I think, that have been decimated by a weak economy and piles of new regulations from Washington. And larger financial institutions can maybe pass these costs on to consumers, but this isn't the case for smaller banks. And for those--I will yield back, Madam Chairwoman. Thank you. Chairwoman Capito. Mr. Baca, from California? Mr. Baca. Thank you very much. Ms. Raskin, one of the questions that was discussed earlier about profits for small banks and others--how much profit--will they still be able to make a profit? Ms. Raskin. It is a very good question. The small banks and small credit unions, in fact any small issuer, remember by law are exempt from the interchange fee provisions. Whether or not they still are able to make a profit is going to depend on the market dynamics on how this all looks in the end. So, it will depend on obviously what the final rule looks like, but it is also going to depend on some of the things that Congressman Royce pointed out, some of the different dynamics regarding what kind of routing becomes, what the costs are of that routing. Essentially, a bank by bank kind of perspective is needed because some banks have different portfolios of products so it is going to depend, I think, particularly on the portfolio of that issuing bank. It is important to note that what I think the statute has directed us to do is to look at one payment stream that is related to debit cards. So, it is this interchange fee payment stream. Now, there are other payment streams that are associated with the issuance of debit cards, there are payment streams that are associated with other kinds of cards, there are other accounts and other kinds of products that banks offer and all of those products have different revenue streams associated with them. And it is complicated in terms-- Mr. Baca. But would it level the playing field in terms of the debit card, because I am concerned from a diversity perspective in terms of who is actually being charged ``X'' amount about--without the regulation it is quite open right now, so diversity in certain areas would be charged ``X'' amount of dollars based on the debit card versus someone else. Under the new regulation on the cap, this sort of sets a standard that applies to everybody on a fair and equal basis versus the way it was it before, is that correct, the possibility? Ms. Raskin. With the exception of what is carved out, so with the exception of small banks. Mr. Baca. Okay, let me ask another question. Another critique about the proposed rule is the calculation of fraud. You allow for two options: one based on new technology being used; and the other being a small flag fee taxed on the interest change rate. Can you describe how you came to this conclusion, and in your mind, should the calculation of fraud take into account the overall amount of the transaction? Ms. Raskin. Certainly. When we put out the fraud adjustment rule, or a portion of the rule for comment, we really wanted to hear from commenters, so we really wanted to make sure we were hearing enough about the robustness of their fraud prevention effort. We wanted to make sure we understood the variety of them, essentially what they did and how they did them, what was necessary in terms of cutting edge technology. At the time we put out the rule, we did not know enough really to set out definitive standards, and the idea--and the proposed rule really opened the debate--was to make sure we were hearing everything we needed to hear before we promulgated something final. Mr. Baca. Thank you. Other countries have taken steps to curve the interchange fees much like the proposed rules that would be done here. Can you comment on your analysis of other countries' rules and the market's reaction? That is question number one. Question number two, could you see the benefits passed on to the consumers or did you see the eliminated, or eliminating the financial products offered to the consumers? Ms. Raskin. Sure. I will talk a little bit about one well- worn example which is Australia, actually. The Reserve Bank of Australia actually regulates credit card interchange on a cost basis. Aready we see, there is a difference here to what Australia has done, which applies to credit card interchange. We are obviously looking just at debit card interchange. But essentially, the Reserve Bank of Australia was given authority under something called the Payment Systems Act of 1998 to establish benchmark interchange fees for credit cards and this happened in 2002. And then for signature debit cards in 2006. And so what the Reserve Bank of Australia did for credit card interchange fees was they established the cost-based benchmark with a cap and they capped it at a half of a percent on an annual value weighted basis. For signature debit card interchange fees, the Reserve Bank of Australia also established a cost base benchmark and they capped it at 12 cents and that is in Australian 12 cents which I am told is approximately the same in U.S. dollars. So 12 cents per transaction, again, on an annual value weighted basis. So although interchange fees for PIN debit transactions are paid from the issuer to the acquirer in Australia, in 2010, the Reserve Bank of Australia applied the same 12 cents per transaction benchmark in debit interchange fees. Throughout all of this, what have been the-- Chairwoman Capito. Sorry. Can you just kind of wrap it up there because--did you have a one-line summarization of the question, which in my view was, what did this result in? Ms. Raskin. Inconclusive in terms of prices to the consumer. Chairwoman Capito. Thank you. Mr. Hensarling, from Texas. Mr. Hensarling. Thank you, Madam Chairwoman. Governor Raskin, I want to follow up on a question that my colleague, Mr. Royce from California, was asking you. And I want to make sure I understand this. I believe that essentially your testimony is that in the interpretation of the Fed under the statute, you cannot recoup fraud prevention because that is a fixed cost, correct? Is that a fair assessment of the Fed's interpretation? So apparently, it is not? Ms. Raskin. Not exactly, no. Mr. Hensarling. Okay. What is it exactly? Ms. Raskin. Okay. Let me-- Mr. Hensarling. I still don't understand this. And I have been listening carefully. Ms. Raskin. In terms of what can and can't be done, the statute sets out allowable cost, it sets out disallowable cost, but then there are costs like you mentioned which were not explicitly put into either allowable or not allowable. Mr. Hensarling. I thought I heard you say that actual fraud losses may be a permissible cost to be recouped in response to his question. Did I hear you correctly? Ms. Raskin. You did. Mr. Hensarling. Okay. And you also allow for the possibility that fraud prevention cost may not be recouped, is that correct? Ms. Raskin. That is also correct. Mr. Hensarling. Okay. So does that mean that we could end up with the rather perverse conclusion that if a credit card company prevents fraud, they don't recoup their cost, but if they allow the fraud to take place in the system, you will allow them to recoup their cost? Ms. Raskin. Obviously, this is why we want to collect comments. We want to make sure that when we hear of different combinations of things that we don't allow what is a very difficult statute-- Mr. Hensarling. The world works off of incentives. If I was the credit card company and you wouldn't allow me to recoup my fraud prevention cost, and you would allow me to recoup my fraud cost, I guess I would allow fraud in the system. My guess is that it would not be good for our economy. Looking at the Federal Register of December 28th when you asked for--to open up the comment period, you said there is not a single, generally accepted definition of the term ``incremental cost.'' Yet again, you seem to interpret it in such a way that fixed cost would not be allowable, but on page 8, 1, 7.3, 6, I read the Board requests comment on whether it should include fixed cost in the cost measurement. So it seems, and maybe I am misinterpreting something, it seemed like on December 28th, you interpreted the statute to permit fixed cost to be recouped but I think you are saying in your testimony today that your interpretation is different. Is this correct? Ms. Raskin. Let me try to clarify what our understanding is of the statute and it is a difficult statute to interpret so-- Mr. Hensarling. Could you help me here--is your interpretation different today than it was on December 28th, when you put out the-- Ms. Raskin. No. Mr. Hensarling. It is not. Ms. Raskin. No. Mr. Hensarling. Okay. So on December 28th--I don't know; I don't believe I am taking this out of context--the Board requests comment on whether it should include fixed cost and the cost measurement which it seems like if you are haven't changed your legal interpretation on December 28th, you agreed that you had the flexibility to put fixed cost into the incremental cost measurement? Ms. Raskin. And we requested comment to hear what those costs might look like to see essentially whether we could move them through another part of the statute regarding functional similarity with checks, which is also required by law. So we needed to understand what the dimensions were of the different-- Mr. Hensarling. You think your hands are tied, but they are not tied by that particular language, is that what you are telling me? Ms. Raskin. They are tied in various ways. But in terms of that particular language, you are describing a part of--a category of cost that the statute is silent on. And I think what we need to do is understand what that category of cost could-- Mr. Hensarling. I am trying to understand your legal interpretation of where Congress may need to act, and where Congress may need not to act, and it still appears to me you are saying that fixed cost could be part of the transaction fee that you set. I see my time is running out. I know that under the statute, you were to consult with other Federal agencies. I have to tell you, my mailbox is full from community banks telling me that this is going to harm their bottom-line. Let's put the consumers aside for a second. We have discussed that, but a number of small community banks said, ``We are going to get left off this system. It is going to hurt our net revenue.'' I am concerned also, what is the impact on their bottom line and did you consult with the FDIC, I know you are a bank regulator--and the other bank regulators, ultimately what will be the impact when fees by estimates are going to be reduced 73 percent? Ms. Raskin. Yes. And the law requires us to consult and we would consult anyway with our colleagues in the other banking regulating agencies. And yes, so we have spoken to the FDIC, the NCUA, the OCC, the Small Business Administration, and others. We continue to have discussions with them, and as recently as yesterday, the NCUA has essentially looked at the issue of exempting small banks from not just the portion of the law regarding interchange but the other portions as well. Chairwoman Capito. Thank you. Mr. Scott? Mr. Scott. Thank you very much, Madam Chairwoman. And welcome, Governor Raskin. If there is one thing that I hope you will take from this hearing this morning, it is that a delay in the implementation of this rule is definitely in order. Several of my colleagues have asked if that would be a benefit to you and the Fed. I would like to rephrase that question. It is not the question of whether the delay would benefit you, the question is, would it benefit the American people and the institutions, the financial institutions, the merchants, the people who are on the ground who would have to make this work. And the answer is yes, there are just some profound questions here, starting off with what is reasonable and proportional. It is questionable to me, a move from 45 cents down to 12 cents, that is a glaring 73 percent reduction. Is that fair? Is that proportionate to the situation? This debit card situation is beginning to be the fulcrum around which our entire commercial retail system operates. Just last year, I think the debit card transactions accounted for over 35 percent of all of the transactions that were non-cash, some 39 billion different payments there. This is a profound impact. And I think we owe it to the American people, to these institutions to be able to delay and make sure that we get this rule right. So I hope and I admonish you very strongly to put a delay on the implementation of this rule without protections, for example, provided by debit interchange fees, the networks can restrict some high-risk retailers such as internet merchants from accepting debit cards at all. Was this taken into consideration when the Federal Reserve developed its formula, that is a very serious question. My colleagues have gone over the fraud adjustment issue that has to be cleared up. It is the case of the larger cards issuing banks with significantly higher volumes and will be able to negotiate a smaller interchange fee than the smaller community bank. So has the Federal Reserve considered the potential anti- competitive environment that this proposal would create against smaller banks and credit unions, for example, that currently issue these debit cards, these are very profound questions. And what will this cost be to the consumer and the bottom line? It all ends up. The banks are not going to pay for this, the merchants are not going to pay for this, do you know who is going to pay for this? It is going to be the American consumers at the end of the line. So we need to pause. We need to reflect on this and we need to give this rule implementation the kind of serious study that it needs to make sure we get it right and I am convinced and I hope you will be convinced at the end of this hearing that we need more time on this issue. So let me just ask you this question. Do you feel that there is a possibility that consumers eventually could bear the majority of the burden of this regulation? Ms. Raskin. First of all, let me tell you that I do take your statement very seriously, and we are committed to doing everything we can to get this right. We have engaged in a process that is thorough and continues to be very thorough. We are hearing all of the same kinds of comments that I imagine you are, this is indeed very controversial, and we are trying to take everything into account that has been presented our way while still making sure we reflect what is in the law. So I want you to know it is something that is taken very seriously and I do hear you loud and clear. Mr. Scott. With all due respect, Governor, would you consider a delay in this in view of the points that we have made this morning so far within this issue? Ms. Raskin. I think that is Congress' prerogative. If, in fact, you determine that these deadlines are unrealistic, then of course we would adapt to those new deadlines. We would continue gathering information and analyzing information as I have heard today and we have been hearing through the comment period. We would, most definitively, defer to Congress' desire in that regard. Mr. Scott. Thank you very much for your service. Thank you, Madam Chairwoman. Chairwoman Capito. Thank you. Mr. Huizenga? Mr. Huizenga. Thank you, Madam Chairwoman. I appreciate the opportunity. Governor Raskin, it is good to see you again, and I appreciated our visit earlier. I think we are all hearing a very common theme and, yes, I am sure we will hear from our retailer and merchant friends a little later about that delay or discussion of that. And I am trying to take it back maybe a step more to the basic, since I am a freshman Member, I was not here during the time of the writing of both the underlying Act as well as this Durbin Amendment that was proposed in the machinations that went into adopting that and what was going on. Ms. Raskin. That makes two of us. Mr. Huizenga. Okay, we are on par then with this. So you were talking about downward pressure on the Act and what was happening. I am wondering if you didn't want any kind of perspective as to the Fed's view of what and why there was not any sort of this downward pressure on pricing pre the act. And really, do we have any way of knowing the cost of implementing this regulation? Is it going to be proportionally beneficial to not only the large banks but the small banks as have been indicated, the retailers and the merchants that are going to be getting it and most importantly of consumers. Are they going to actually be seeing any kind of benefit? Ms. Raskin. I know these are all excellent questions and different impacts that are all occurring in a dynamic environment at the same time, and it is very hard to measure exactly how one will affect another. I will try on a couple of fronts to answer some of those questions. In terms of the market structure, in most markets, competition leads to prices going down. In payment card markets, we have seen something that seems a little bit more unusual where you have competition but interchange fees are going up. And so, there were clearly issues regarding market structure, I think, that were animating the development of this statute. I don't think it came out of nowhere. They are clearly with the sense that merchants had prohibitions on how essentially they could route transactions, but those prohibitions had cost implications that they could not control. Mr. Huizenga. And it could be that price pressure is swimming upstream because of some of the expectations that the consumers and/or regulations that have been put on those that are handling those transactions? Ms. Raskin. That is interesting. I don't know if I have thought about it from that perspective exactly, but I think the increase in fees has actually come--it will be hard to evaluate the extent in which the regulatory environment has brought any of that about. But essentially, it is what they call a two-sided market where you have the networks looking at fees both to the issuing bank and to the merchant side. And typically, the networks use those two sides to balance--to have credit cards and debit cards accepted in the marketplace. And it is a balance that had some kind of possibly perverse pricing consequences. Essentially, we have issuing banks now who are taking these directives from the networks and increasing their interchange fees to merchants. So, there is that characteristic. The other characteristic that you pointed out has to do really with the impact on consumers. And the consumer really doesn't even know, right? When you swipe your debit card or hand it to the cashier, you don't even know essentially that there is an interchange involved. But that interchange fee is somehow being paid for. And the impact of what changing the interchange fees would do is something that has been postulated would be of savings to the consumer. But we don't quite know. Mr. Huizenga. It seems to me that we need to just blame intergenerational expectations. The staff section doesn't carry cash, the rest of us actually do. And we still want to go buy a $1.90 coffee somewhere. And we expect to be able to use whatever is convenient for us, not necessarily what is convenient for the retailer or convenient for those of us who are dealing with it. So, thank you. I appreciate that and I look forward to continuing to pursue that. So, thank you, Madam Chairwoman. I yield back. Chairwoman Capito. Before we go to the last--I would like to ask unanimous consent to submit for the record letters from the EPC, KFC Franchisees, the ICTA, NAFCU, U.S. PIRG, the Prepaid Card Coalition, TCF Financial Corporations, an ACS education letter, the Food Market Institute, Senator Durbin, IV Supermarkets; as I said, there is a lot of interest. Ms. Velazquez? Ms. Velazquez. Yes. Thank you, Madam Chairwoman. Governor, thank you for being here today. This is a very important issue that has implications for both sectors-- financial institutions, small businesses--and as the ranking member of the Small Business Committee, and a member of this Financial Services Committee, I am very concerned about this issue. At a recent conference hosted by this European Central Bank, policymakers and banking experts suggested adopting a card fee system that took into account the cost that businesses will pay to operate their own credit systems. This seems to me only reasonable. Why weren't these costs taken into account in the Fed's proposed fee cap? Ms. Raskin. Thank you. The European Commission, as you mentioned, did in fact initiate an investigation of cross- border debit and interchange fees. And essentially, they used different criteria that were not based on issuer cost. So they arrived at numbers and I should say they look to be about a 0.2 percent interchange fee which is about 8 cents on an average $40 transaction. But the European Commission used criteria that were not based on issuer cost. Our reading of the statute is that we need to stay focused on issuer cost. And so, that was primarily the focus of our effort in putting forth the proposed rule. Ms. Velazquez. So, you are telling me that the cost criteria that they used are different from what is in the statute here? Ms. Raskin. Yes, either that or else they look at criteria that were even cost based. They might have looked at other explicit customer consumer well-being kinds of matters. Ms. Velazquez. Okay. Ms. Raskin. They had a different set of criteria. Ms. Velazquez. I would like to talk a bit about the Australia experience. Since Australia placed a cap on interchange fees in 2003, their Central Bank found a sharp decrease in the availability of rewards and no conclusive proof of lower prices for consumers, why do you believe that the Fed's proposal to cap rates on debit cards in this country will produce better results for consumers? Ms. Raskin. Actually, I don't know. I don't know what the results exactly will be in terms of the ability of merchants to actually pass on costs to consumers. I don't know exactly. I would say that theory tells us that if it is a competitive market that the retailers would pass on those savings, but I don't know exactly. Ms. Velazquez. Theory dictated that in Australia and apparently didn't produce the results. Ms. Raskin. I am not exactly sure of that either, because I think the results in Australia actually are difficult to interpret. It is hard to know the extent to which the price change had to with the factors outside of the change in the interchange fee standard. Ms. Velazquez. Okay. Thank you. Last April, the world's largest card company voluntarily reduced interchange fees on debit transactions in Europe to 0.2 percent of the total cost of a transaction. In that same period, the same company increased the same fees paid by U.S. businesses to almost 1 percent of the transaction total. Are there any practical reasons why it should cost 5 times as much to process a debit transaction in this country as it does in Europe? Ms. Raskin. It is a very, very important kind of distinction and I would encourage you to ask that on the next panel and see what kind of answers you get. Ms. Velazquez. Thank you. Chairwoman Capito. Mr. Renacci? Mr. Renacci. Thank you, Madam Chairwoman. And thank you, Governor, for being here. Yesterday, I appreciated the opportunity to have some time to spend with you and ask you some specific questions. A lot of them are being asked again today about cost. And as I told you, I come from a very unique perspective, because I have been involved with banks, I have been a retailer, and I have been a CPA who audited both. So when it comes to my CPA background, I always look at cost and what are the true costs of any transactions. And yesterday, we had an--I asked you the same questions that many of my colleagues are asking you, do we have all the costs? If we are going to impose, as I called it yesterday a price fix, and I know you corrected my by saying a standard. It doesn't matter what we call it. If we are going to impose a set fee, do we have all the costs to compare? I think your answer yesterday and I think your answer today has been the same thing. We do not have under statute the ability to look at all those costs. And that concerns me, because if we are going to come up with a standard and you are being given this task to come up with a standard rate, you need to be able to look at all costs. Over the last couple of weeks, I have talked to retailers, and I have talked to bankers, and I have had costs submitted to me which I told you yesterday showed that they are a lot more than 7 cents to 12 cents. But truly the questions here is, how do we get to the right standards, as you called it yesterday? And my concern is that you have been tasked with only coming up with a standard and your hands are tied at looking at all these costs. But also available, that is not just fraud, there was--as a CPA there are costs, there is overhead there is the labor, the technology, all the things that are necessary to run a debit card. So my question for you is in moving forward in establishing this final rule, would you be willing and able to identify, and willing to identify and consider those additional costs? And if you can't, because of statute, would you need a congressional fix so that you can look at these things? My other question is, and I know a lot of people talked about delay, it is not about how fast we get it done; it is about getting it done right. So, I have asked you a couple of questions there. But would you consider looking at those costs without a fix, a congressional fix? Ms. Raskin. Thank you for that. And I have benefited enormously from our conversation. The idea of cost is absolutely critical in terms of getting this right. We want to make sure that we are looking at all the costs possible. And then I think it is fair to say we should sift those costs through the parameters of the statutes to determine which would be permissible by law assuming that is the law that we are dealing with. The surveys that we did turn out to have been quite comprehensive in terms of gathering costs. While in the proposal you are seeing a fairly narrow band of permissible costs, for purposes of our methodology, we in fact, collected quite a breadth of costs. So we went beyond the authorization clearing and settlement costs. We looked at fixed cost. We looked at all variable costs. We essentially tried to get a broad understanding, now whether it is broad enough for your CPA mind, I am not sure, but my understanding is that it was a fairly broad based set of costs. And what I am more than happy to do is make sure that we provide that aggregate data to you and your colleagues so that you could actually provide some kind of feedback regarding how essentially that looks. Mr. Renacci. But are you agreeing that all costs are not being evaluated because the statute does not allow you to evaluate all costs? Ms. Raskin. We should evaluate. We need to look at costs, okay. And we were trying to pull them out through the survey and through this comment period we are going to continue-- Mr. Renacci. I guess I want to ask you, yes or no. Do you agree that yes, there are costs that were not able to be evaluated because the statute has limited your ability to look at all costs? Ms. Raskin. I don't know if I can answer it with a simple yes or no, because we need to look at a lot of costs and move them through the parameters of the statute and see whether they would be permissible. Mr. Renacci. Again, it is an interpretation, I understand. But I think there are a lot of costs that were talked about but really are not being evaluated. And we need to get them all. If we are going to do this, we need to do it right. And I appreciate the comments from my colleague on the other side who said we need to delay this to the point to get it right. A delay for just having a delay is not a good delay, but a delay for doing it right is important. Ms. Raskin. And again, a delay is fully within the prerogative of the Congress. Chairwoman Capito. Mr. Lynch? Mr. Lynch. Thank you, Madam Chairwoman. Madam Governor, I want to thank you for coming before the committee and helping with us with our work. I do want to just comment, the gentleman from Texas earlier mentioned that he didn't hear any complaints on anybody in this district regarding debit cards. I just want to say that I heard a lot of complaints from the merchants in my district and across Massachusetts about the amount of money they were paying in these transaction costs. And I get the sense that there was some overreach on the part of the issue--on the part of the banks here and I am not sure where reasonable is in terms of the cost that are really related to the transaction. And I think that is what we are trying to get at. But there is probably a lot of credibility in the claim of the merchants and we are trying to get that price down. Now, you are limited by the language in the statute and I understand that. And, with respect to the reasonable and proportionate language in there, it further limits you in terms of what you can consider in terms of incremental costs. One of the things that you cannot consider is something that my colleague from California, Mr. Royce raised earlier, and that is the integrity of the system, the fixed costs, the connectivity. And in the Boston area where I represent, we have had a huge, huge scandal there and a huge hacking incident with TJX and Boston Chicken and--and 7-Eleven, 46 million credit cards were stolen. The numbers were stolen with the PINs. These hackers are getting much more sophisticated, and let's face it, the way we transact business in the United States has changed enormously. I think that these electronic transfers are 35 percent of the non-cash transactions now in the country. I am tremendously concerned about the integrity of the system and I am wondering if you think that you should have been allowed to consider the--I guess the systemic cost and maintaining a system that has integrity in light of all this hacking and it is going every single day. We just prosecuted a young fellow who got 20 years, but the damage that he caused there was tremendous. I just think that we have to make sure that we are continuingly updating the systems that we transact business on going forward. And would it help if we allowed--if Congress allowed you to consider the underlying cost in maintaining a system with integrity because I guess forgot to mention that a lot of this happened because the merchants were storing the PIN number and were storing the ATM numbers within their systems and they were hacked out of that system. It wasn't hacked against VISA or whoever the facilitator was; it was some of these merchants. So there is a shared cost in maintaining a system with integrity and I am just wondering if we gave you a broader mandate, whether you might be able to better protect consumers going forward. Ms. Raskin. Thank you for that, and I, too, share your concern about the integrity of the system and the importance of fraud detection software and processes and systems that essentially can help limit the kinds of experiences that you have had first-hand experience of. In terms of your specific question, the notion of cost-effective fraud prevention technology is one that is currently in the statute. So I fully anticipate that we are going to need to look at exactly the questions that you are raising in the context of the information that we are currently gathering. The comments that are coming in now and continue to come in on this point are going to have to be evaluated from the perspective that you described. Mr. Lynch. And, again, I am probably repeating the questions that were previously asked, but in terms of the timing of this, do you think that some measure of delay might be in order here in order to get this right or do you think we pretty much have it? I don't think you will ever get it absolutely 100 percent perfect, but I would just be very nervous about going forward with something that might inhibit the system, given the widespread use of the system. Ms. Raskin. I think you see how controversial this is and how difficult and challenging it has been for us to make sure we come very close to what Congress intended in passing this. And, from that perspective, it is your prerogative regarding in fact how much longer you want us to look at this regarding essentially questions of timing. Mr. Lynch. Yes. It is controversial, I think, and let me just say this. I think we sometimes overlook the degree to which we have transformed the way we conduct business in this country with the respect to electronic transactions. I think we take it for granted now. I try to explain to my daughters how we used to go the bank on Saturday and try to take out enough money in order to cover the whole week, and they just think that is hilarious. And, even my daughters have a debit card, which is obviously a glitch in the system. But it is one more reason that--two more reasons that we need to get this right. But thank you and again, I appreciate it. Madam Chairwoman, thanks. Chairwoman Capito. Thanks. Mr. Canseco? Mr. Canseco. Thank you, Madam Chairwoman, and thank you, Governor Raskin, for being here today and subjecting yourself to questions. Let me just start off by saying that the breadth of rule-making that has resulted from Dodd-Frank is just extraordinary and I feel that the current timetable for implementing this interchange rule is not sufficient for those who are affected whether you are the consumer or the retailer or the bank and it is going to be very difficult for them to adjust. Would you support a delay of this implementation? And with that, I am also echoing what the gentleman from Georgia, Mr. Scott, and the gentleman from Ohio, Mr. Renacci, have asked you before. Ms. Raskin. Again, I would echo your concerns, essentially this has been very difficult. I think we are doing a thorough job. We are doing our best to meet the standard, it is obviously your prerogative to extend the timing if in fact you think that is warranted-- Mr. Canseco. I think it is highly necessary. But let me go on to a question--one that is one of my main concerns with the proposed rules by the Federal Reserve. It is--seemingly a lack of economic rationale behind the rule in Dodd-Frank that requires that interchange fees be reasonable and proportional. And in the rule proposal that the Federal Reserve, it noted there and found only limited examples and I am referring to the Federal Register Volume 75 Number 248 Section 235.3 Subsection A1 where in the middle it says, ``EFTA Section 920 does not define `reasonable' or `proportional.' The Board has found only limited examples of other statutory uses of the terms `reasonable' or `proportional' with respect to fees.'' The Fed was tasked with creating a rule that not only lacked an economic argument behind it, but was basically unprecedented in this premise. This requires further examination, would you not agree? Ms. Raskin. What we have done best with what we have been given and I agree that there are quite a number of provisions in this set of directives that have been difficult to interpret. And reasonable and proportional fall within that category as do the notions of incremental cost, as do the notions of what constitutes appropriate fraud prevention cost. Mr. Canseco. But reasonable and proportional is so, so broad that it really bears some very heavy study and more logic behind it. Let me ask you this. What economic considerations were given to the proposed rule by the Fed in order to--with regards to reasonable and proportional? Ms. Raskin. The terms ``reasonable'' and ``proportional'' are baked right into the statute and what we have attempted to do through the construction of two possible alternatives which are now, as you know, out for comment is try to embed what those terms could possibly mean. So for example, in one alternative, we have looked at a very issuer-specific kind of way of evaluating the reasonable and proportional cost that is again baked into the statute. And so, one alternative essentially tries to determine what the median average variable cost would be and give issuers the ability to stay within that amount without any kind of extensive compliance cost or proof, kind of matters--the idea of having some kind of cap I think is only reasonable for those--for those entities in fact that have very high cost. And I think the Congress directed us to somehow try to bring those costs into some reasonableness parameters. Mr. Canseco. But it seems by reading the Federal Register and your report that it was made by pure discretion as to what reasonable and proportional was, that there was not actual factual process that went into it other than being esoteric in its nature. Is that true? Ms. Raskin. No. I agree that ``reasonable'' and ``proportional'' are quite esoteric, but essentially what we tried to do is anchor those terms with the results of the surveys that we conducted and as I have described the process, it has been quite thorough in trying to understand what those costs and the range of those costs might be so that we can somehow anchor those very vague terms. Mr. Canseco. In the past, has the Fed been given such discretion before on rule writing and if so, what was the outcome? Ms. Raskin. That is an interesting question. I can't speak to the whole realm of interpretation that the Fed has been asked to do over its long history. But I can state from the perspective of statutory interpretation always that it is a complicated task and that it is sometimes very difficult to get meaning around words. Mr. Canseco. Thank you very much, Governor. My time has expired. Chairwoman Capito. Thank you. Mr. Carney? Mr. Carney. I am new at this. I have two lines of questions that are similar to others that you have answered today. I don't know that--I think I am a little bit more confused than I was when I walked in the room about cause and effects here. The gentleman from Ohio, my freshman colleague there, who is the CPA, had questions and I thought they were right on point and I will try to be direct. Do you feel like you understand all the costs involved in these transactions? Ms. Raskin. I feel that we are in the process of collecting all the costs that could be involved yet. Mr. Carney. You mentioned that in your testimony--I apologize. I haven't had a chance to get all the way through, but on page seven that you reached out and you have asked for comment on other costs, other costs that should be allowable. Have you gotten any preliminary feedback on that? Ms. Raskin. We have gotten quite a lot of feedback, about 7,000 comments worth of feedback in fact and it is probably premature to comment on it. Yes. Mr. Carney. Fair enough. So we have thought a lot about fraud, do you have a sense that you are allowed to consider all the costs associated with fraud? We talked about fraud prevention. I thought I heard you say or somebody say that it does not include losses--does not include other, detection, maybe other things. I don't know exactly that. Can you comment on that, please? Ms. Raskin. Sure. And it is interesting because the statutory language for fraud, fraud losses with that piece essentially says that the Board may allow for an adjustment to the fee amount if, and I am skipping over pieces to just to give you the relevant sections, if the issuer complies with the fraud-related standards established by the Board which standard shall and then it tells us what those standards need to do. So it says those standards shall be designed to ensure that any fraud-related adjustments of the issuer are limited to the amount described in clause one above, which are the costs of preventing fraud and takes into account any fraud-related reimbursements. We have to figure out what that means and take into account any fraud-related reimbursement. And then we have in parentheses including amounts from charge-backs received for consumers, merchants or payment card networks in relation to electric debit transactions involving the issuer. So the question of fraud losses, if you interpret--takes into account to mean you look at it, that is one interpretation in terms of what you do with those fraud-related losses or just takes into account means to track it. In other words, don't include it in your determination of standards for the fraud prevention cost. So, this is difficult stuff and I-- Mr. Carney. So it, so do you feel like you understand it clearly enough to make the kind of judgment that the Congress is asking you to make there? Ms. Raskin. Again, I really want to underscore that I understand how important it is to get this right. But then again, it is Congress who will need to--with the same concerns that we have, and if it is something that you are concerned about essentially and you want us to take more time, we would do that. Mr. Carney. And touch a little bit on fixed costs. I am not sure I understand what they are, I understand what they are in other contexts, the development of systems, capital investments, all that kind of thing not able to recover this cost in this context. Is that correct? Under what? What part of that includes--I read your comment there on page seven or eight. What part of that includes ongoing maintenance if you will of existing systems? Ms. Raskin. The overall standard just refers to reasonable and proportional to the issuer's cost. Okay. So that is the general bracing which by any definition would look to be fairly broad. First, it would have to be reasonable and proportional, but the first look in terms of cost appears to be broad in the statute. If you read through the statute, we are also directed to take those costs into certain kinds of consideration. So in other words, we need to consider the functionally of the debit transaction and compare that functionally with the functionality of checks. And so, we read that to mean that the costs that we collect as being relevant need to be essentially moved through that functional-- Mr. Carney. My time is up, I see, and I haven't gotten to my other question, but thank you very much. Chairwoman Capito. Thank you. Mr. Luetkemeyer? Mr. Luetkemeyer. Thank you, Madam Chairwoman. Ms. Raskin, do you realize that this morning here, you given very conflicting testimony a number of times with regards to your interpretation of fixed costs. You agree with Congressman Canseco and Congressman Hensarling in their comments with regards to previous statements made in December. With regards to Mr. Renacci, you allow that you are taking surveys that allow for fixed cost to be considered in your surveys and you are doing everything, I quote, ``doing everything to get this right.'' Yet in your written testimony, your written testimony says the proposed rule interprets the incremental cost to be an exclusion of fixed costs would be required. Which one is it? Ms. Raskin. It is actually both. Mr. Luetkemeyer. No, no, no. Yes or no? Which--we are not going there--take up my 5 minutes--very quickly. Which one is? Is it are we--are these guys right? Is your verbal testimony correct? Or your written correct? Ms. Raskin. I am afraid I don't see a conflict and I could-- Mr. Luetkemeyer. I am sorry. I see a tremendous conflict when you say in your testimony, your written testimony says, ``Proposed rule--incremental cost--dot, dot, dot--the inclusion of fixed cost is required.'' There is a huge incongruence there. Ms. Raskin. Fixed cost may be considered for purposes of the fraud protection adjustment and maybe that helps. Mr. Luetkemeyer. Okay. Moving on. Have you done any studies yet to show how the banks are going to make up the losses that they are going to incur as a result of not being able charge an appropriate fee for these interchange fees? Ms. Raskin. No, we have not been-- Mr. Luetkemeyer. Okay. As a regulator, does it concern you at all that the industry is going to lose $12 billion? That your bank is going to lose $12 billion of income at a time when a lot of the big ones in fact are in very tenuous situations. Does that concern you at all as a Fed regulator? Ms. Raskin. We always look at the loss of revenue streams as a potential safety and soundness matter. So, yes, our examiners would look at this very carefully depending on the particular profile of the bank. Mr. Luetkemeyer. How are you going to mesh what you are doing with this rulemaking with what your regulators are going to do? Ms. Raskin. We are going to mesh it very carefully so that we are going to make sure that once a rule is finalized, that rule is put into examination guidelines and spelled out very carefully for examiners that need to make-- Mr. Luetkemeyer. Are you going to make adjustments for your banks with regards to the amount of income they are going to lose when you go examine them? Ms. Raskin. I am sorry. Did you say adjustment? Mr. Luetkemeyer. Yes. And whenever you look at them and their inability to increase their capital accounts, increase their profit or loss for the year. Are you going to make any adjustments? Ms. Raskin. We will take this particular set of regulations, should they be made final, into consideration in our examination process. Mr. Luetkemeyer. Okay. I have--we are going down a very slippery slope here with this. And a minute ago, you made a comment something to the effect that you agreed that we need to be setting these prices so we keep those who are charging too much, from charging too much. But basically you agree that we are price--and as a government entity to set prices on the private sector is unconscionable. We are taking a huge step down a road we don't want to go to, because suddenly we are starting to treat the banks and the people who do the interchange fees whether Visas, MasterCards or whatever as a utility company instead of a private sector entity. Do you agree with that statement? Ms. Raskin. No, I don't think that a public utility--I don't see a-- Mr. Luetkemeyer. You don't see setting the prices for a business by the government is the same as setting prices for a utility company? Ms. Raskin. I don't see this as price fixing. Mr. Luetkemeyer. Just a minute ago, you said that. You said it just a minute ago. You said that we need to set this price for those who are making more than this average, need to bring their prices down. Ms. Raskin. I possibly misspoke, but I don't view what we are doing as setting prices. We have been told to set standards and those standards had been promulgated and put forward-- Mr. Luetkemeyer. I have a real concern with the direction of this entire bill, obviously. But what we are doing here is the same as the credit card company or interchange fee company here, we are not going to allow part of your cost of operation. Just like telling a pizza place that delivers pizzas, we are not going to allow you to put into your cost to your pizzas, the person who drives the car or the car itself, all we are going to let you do is charge for the gas. And that is what we are doing here. And that is wrong. Where are we going with this? Have you looked at the possibility of what is going to happen if we don't allow debit cards for a lot of folks, especially community bank folks, instead of using debit card they use the credit card. Ms. Raskin. That is-- Mr. Luetkemeyer. That is not even going to solve the problem of cheapening the ability of the merchants to lower the price to products. We are not accomplishing--are we? We are shifting one way of payment to another. Would you agree with that? Ms. Raskin. This-- Mr. Luetkemeyer. Yes or no? Ms. Raskin. This is something that the Congress has in its-- Mr. Luetkemeyer. Are you taking that into consideration? Ms. Raskin. No. Mr. Luetkemeyer. Okay. Thank you, Madam Chairwoman. Chairwoman Capito. Thank you. Mr. Perlmutter? Mr. Perlmutter. Thanks, Madam Chairwoman. And Governor, let me just say I have a lot of sympathy for the position that you are in. The Durbin Amendment was added at the last minute. It has been a controversial subject--interchange fees, merchants with some legitimate points about their margins getting squeezed as the price of gas goes up but the interchange fee remains the same. They have some legitimate point. On the other hand, I feel like you are in a box because you have been prescribed with language that really makes it, in my opinion, impossible for the network and the banks and the credit unions to recover their costs. But forget about profit, recover their costs. So, you are in a pickle, and I appreciate my friends on the other side grilling the heck out of you, but it isn't your fault. Okay, you have to do what you have to do and we gave you 9 months to do it. The beginning of the rulemaking says, ``The Board shall prescribe regulations in final form not later than 9 months after the date of the enactment of the Consumer Financial Protection Act of 2010.'' So, I just want to say, I appreciate the effort that you are making but I don't think you have been given all the tools or the time necessary to come up with reasonable and proportionate, you guys may call it esoteric, those are terms of art that are used every day and every contract in statute across the country. But you have to have time and the ability within the statute to figure out what reasonable and proportionate really means. We didn't give that to you. So, I am one who is on the side of some delay here. Probably, Congress has to go back and take a look at this, that is my opinion, because of the language in here was done in Conference Committee. I think it should have been opened to much more discussion and I would like to introduce into the record, if I could, a letter from TCF Bank. Thank you very much. And I would like to yield the balance of my time. I have lots of questions, but you are just, in my opinion, in a pickle. We have to--the statute doesn't deal with what was always brought to my attention which was the margin the merchants were able to deal with in escalating price scenarios. It goes much further than that and I would like to yield my time to Mr. Carney. So, you can ask your second question. Mr. Carney. Thank you, gentleman from Colorado for that. And really quickly, at least there was some discussion earlier about looking into bank fees, revenue, and the effect on consumers. Could you comment on that at all again? And in particular, whether if you curtail fee income in one area, an institution is going to look for it somewhere else. A lot of that happened as a result of the Card Act and now we have this provision here which could result in negative effects on the consumer. There was some discussion about that earlier, and I would just like your thoughts on this, if you would? Ms. Raskin. The market dynamics of these are really pretty complicated and unclear. So, it is not exactly perfectly quantifiable regarding what is going to happen and then what magnitude anything would happen. All I can really do is identify some of the potential consumer effects and I think these are consumer effects that you probably are aware of. But I really caution it by saying that I don't know the magnitude of what-- Mr. Carney. Right, is this something that you are looking at--there was some discussion about it earlier and you mentioned that it was something that you are looking at and-- Ms. Raskin. We always look at it. It is very important to understand the effect of any regulatory change on consumers and especially in this area. So, yes, we do look at it, which isn't to say that you will find the word ``consumer'' necessarily displayed in the terms of the statute. Mr. Carney. Thank you. Chairwoman Capito. Mr. Pearce? Mr. Pearce. Thank you, Madam Chairwoman. And thank you, Governor. I think our friend from Colorado got it just right. You are in kind of a pickle here. In your discussion of cost, are the overdraft risks associated, are they considered at all, the overdraft of the debit cards, are they considered at all in the costs? Ms. Raskin. I am not exactly certain what we did on that. My recollection is that might have been something that we put out for comment but I think I need to get back to you on that. Mr. Pearce. No, because I suspected it is not included, which is going to be, I am seeing headshakes through the group behind you, which then leads me to the same discussion my friends have been having. How do we get it right if we aren't considering one of the most basic risks that are associated with the debit card? And as I--two amazing things happened last year along the campaign trail. The first and most amazing thing is that a publisher of a newspaper gave me a book, a big thick book titled, ``Atlas Shrugged.'' The second amazing thing was I actually read some of it and I was amazed that sitting here listening to your reading of the law of what constitutes fraud and doesn't sounded just like page 864 out of this book from the 1950s talking about the government getting into the manipulation of the market. And so as I sit here and think, the market should be deciding who can run their affairs very well. They don't have to read that big, thick book. And they don't have to target it and get it right. They need to get it right or go broke if they don't figure out the costs. And so, we are asking you as the government to-- and I will use your words, set standards, which in effect sets the price. You seem to want to not allow the word to be used. So, I will--so you are going to set standards, which then sets the price that should be set by markets. And in that setting of standards, you, one of the deciders is not even certain that one of the huge risks and because people do, they overdraft and they can't get the banks right now. Tell me if they don't have any protection against it. No ability to reclaim that. If you have a comment, I would welcome it, but I suspect you are just in a pickle, I think like our gentleman said. I will be quoting you the rest of the day, sir. Do you have any comment? Is that a fair concern on the part of the banks that they're stuck with the overdrafts without being able to go back and get it? And by the time they take six overdrafts in a year, now they have to set up a counseling service in order to talk to the people who are overdrafting so that they might see the wickedness of their ways and setting out the banks in business of religion and correcting people from their sins. And so, this is what we get ourselves into when we allow the government to run the markets. Ms. Raskin. Essentially. I will go to page 864 and do a close reading of it, but I do want to make sure I answer the question on overdrafts correctly, and we will go back to the office and get a good reading of that and let you know. Mr. Pearce. You see, my concern is that the Federal Reserve with all of its expertise in reading a law and threading a needle, my concern is that it is going to come up something like your index on inflation, you declare that inflation went up 1.6 percent last year and you have this tortured explanation of why it only went up 1.6 percent. But when I read the paper 2 days ago, I saw that gas went up 69 percent, oil 127 percent, gold 60 percent, corn 78 percent, soy beans 43 percent. And I suspect when we get a standard, it is going to not include many of the risk factors; it is not going to allow businesses to thrive. So, they are going to start shutting off customers from access. We are going to unbank more people than we bank, all in the name of protection of consumers, which has been arrived at by this reading of the rules that I heard just a couple of times ago when we are talking about the fraud protections and the difficult stuff of getting this right. And with all due respect, I suspect that we are manipulating things to an extent here in Washington that American people know is not correct. They know that they are paying more for food. They know that inflation is happening. But they can't get anyone to confirm it. And whether they are going to see their cost, their ability--increase without understanding why. And the frustration that we are seeing across the America that is causing people to walk around in the streets and complain loudly is going to continue. And we are going to be up here setting standards and making sure we follow exactly the definitions that will make everybody feel really good. So, you are welcome to respond and to disagree or whatever. Thank you. Chairwoman Capito. Do you have a comment or-- Ms. Raskin. No, I obviously take what you are saying very seriously and you want to underscore that Congress has quite a bit of prerogative in terms of rulemaking and lawmaking and this is the law. And if there are changes that you would like to see in it, we will of course faithfully execute them. Chairwoman Capito. Thank you. Mr. Welch? Mr. Welch. Thank you very much, Madam Chairwoman and Ranking Member Maloney. I appreciate your willingness to let me participate briefly. I was the sponsor of this legislation in the House. It eventually passed in the Senate and was part of the Conference Committee report. But there are two basic questions as I understand it. Number one, is it necessary to provide some regulation? And then, number two, is the regulation that is being proposed doing the job that needs to be done? We had that debate last year about whether there was a need for regulation, and my view was that there definitely was a need for it. I was hearing from one merchant after another who had no control whatsoever over the prices they were being charged. It was becoming an increasingly large cost of doing business. They acknowledge, as I do, that credit cards and debit cards are very good and very important. They are good for consumers because they are convenient. They are very good for merchants because they are secure transactions. But what happened, as I understand it, is that without any regulation whatsoever, the charges that have been assessed to our merchants are the highest in the world. And that is I think what drove--was the impetus of Congress passing this. I think there had been some very good questions asked by members on both sides about how you came to the rule that you came to. I heard you say that your examination was thorough and comprehensive and you are going to submit at the request of the ranking member the chronology of what you did and how you did it, so that the members are going to be able to come to their own conclusions about that. But the one thing I want to ask about is in--on the debit card, that is essentially a direct transfer from a person's bank account, correct? So, is there much of a fraud risk there? Ms. Raskin. That is what we need to look at carefully, because we have been receiving comments on precisely that point and quite a number of comments. So, I probably want to reserve judgment from the perspective of making sure that we give all those commenters the chance to be heard. But, essentially, we are looking carefully at that question. Mr. Welch. The debit card it comes right out of my checking account, correct? Ms. Raskin. Correct. Mr. Welch. And if I have overdraft protection, which I now have to sign up for that--is that debit will be paid and then the bank will assess a fee to me on my account for the overdraft, correct? Ms. Raskin. As I understand it. Mr. Welch. Mr. Pearce, I think, made some good points about the market. But my understanding is the point of contention of--is whether the market in fact was free and open on the pricing side and historically, is it the case that when debit cards were originally introduced, the transaction fee was very, very small. The Maestro network was only charging $0.10 when the Visa network was charging like a $1.30 on a $100 transaction. Is that more or less correct? Ms. Raskin. That is what I understand, yes. Mr. Welch. And what Visa did quite effectively from a self- interest standpoint is they raised the fees in order to encourage banks to offer more and more of their cards and penetrate the market. Is that more or less right? Ms. Raskin. I believe so. But, now, you clearly know more history on this than I do. Mr. Welch. So, you have the credit cards--the debit card was not so much competing with the checking account where there is no charge to the merchant. They get 100 cents on the dollar. They were competing with credit cards where the fees were higher. And this was allowed to go on without any push back. Merchants have literally no power individually to be able to negotiate a price. So, we got to this point where the charges to our merchants, these are mom-and-pop stores as well as the Wal- Marts and Home Depots, became the highest in the world. Do you understand our charges are the highest in the world? Ms. Raskin. I understand that to be the assertion, yes. Mr. Welch. And I know that the Australian study came to no specific conclusion about whether the consumer benefited when the prices went down and you explained, as I understood it, that there were other variables that you couldn't possibly take into account. But normal economics, if you are--you have one gas station on a corner and there are three competitors, most of us when we are filling up with gas, go to the one that is a penny or two cheaper. And is there any reason to think that wouldn't happen, that competition wouldn't force--I see my time is up. Yes, thank you, I yield back. Chairwoman Capito. Thank you. Mr. Duffy? Mr. Duffy. Thank you, Madam Chairwoman. Governor Raskin, first of all, I appreciate you being here today. And I appreciate the number of people who kept coming to my office on both sides of this issue to explain their position. It seems like it hasn't stopped the last 2 weeks. I guess I have a concern about what we are doing here, that we are going to do here, that we are going to set a price in a marketplace by way of Congress between $0.07 and $0.12. I believe that the free market should be allowed to work. And I don't think we are doing that here, and as I have talked to a lot of different merchants out there, when we talk about Congress potentially stepping in and mandating prices or profits or salaries for their companies or CEOs, they take great offense to that. But they seem to advocate for Congress stepping in and advocating for price fixing in regard to Visa, banks, and their fees. My concern is, in Wisconsin we have, especially in my district, quite a few small community banks and they have expressed great concern over what we are doing here. And when I look at the reports or the analysis that have been done, it is my understanding that you have provided a survey to 63 large banks, is that correct? Ms. Raskin. I want to get you the exact numbers-- Mr. Duffy. Or is it fair to say that you didn't really do any of these surveys with small community banks? Ms. Raskin. The surveys that were done of issuing banks were done of the institutions that would be covered by the statute, and remember, the statute exempts institutions of $10 billion or less. Mr. Duffy. But I think it is going to-- Ms. Raskin. --$10 billion or less were not included in the survey. Mr. Duffy. Right. But I think it is clear from your testimony and from the comments of Mr. Bernanke that we are not so certain that they are going to be excluded or this law is not going to impact them. It seems quite possible that our small community banks are going to be impacted by this rule, but then you haven't included them in your survey. Is that right? Ms. Raskin. They have not been included in the survey. Mr. Duffy. Right. Ms. Raskin. And if you recommend, or suggest, it is certainly possible for the exemption that exists in the interchange fee portion of the law to also be carried over pursuant to congressional direction to the network routing and those restrictions. Mr. Duffy. But this could affect our small community banks. And having that potential impact, the only thing that is beneficial is that we reach out to them and try to get their input by way of a survey? Ms. Raskin. Clearly, the impact on small banks, I think, needs to be understood. Mr. Duffy. So, it is fair to say then it might be beneficial to have more time to talk to our community banks and say, ``Let's take a look at what kind of impact this is going to have on you.'' Ms. Raskin. I am happy to share the methodology that we have followed. And you can look carefully at the surveys and make it-- Mr. Duffy. Let me ask you something, in the time that is remaining, can you get sufficient information from our community banks by way of a survey? Ms. Raskin. In the time that is remaining, I would argue-- Mr. Duffy. No? Ms. Raskin. It depends on what comments we have received today. And we have a couple more days. Mr. Duffy. Now, there are a lot of folks who have suggested that if the structure of the fee is changed, we are not going to have free checking, and there are going to be more charges to consumers in the banking side. And then we will also argue that on the consumer side, prices are potentially going to go down, because our merchants are going to save maybe 0.5 percent, or 1 percent, or 2 percent per transaction. Is that a fair assessment of how the argument is going? Ms. Raskin. There are arguments all different ways in terms of what the ultimate impact is on the consumer. Mr. Duffy. Do you think that Congress should step in and mandate that merchants--that Home Depot and Wal-Mart and Target--should be forced to reduce their prices by 1 percent or 1.5 percent if this law passes? Is that a proper role for Congress? Ms. Raskin. That is Congress' decision. It is certainly not the Federal Reserve's. Mr. Duffy. Okay. But it is the Federal Reserve's obviously by way of Congress to look at how this interchange fee affects merchants and banks and come up with a pricing structure that you guys think is appropriate. Ms. Raskin. That reflects the law that we have been given. Mr. Duffy. And is it fair to say that you capped the top fee at 12 cents? Ms. Raskin. We have put out alternative approaches, and that 12 cents fee represents the 80th percentile in the survey that we have conducted of average variable cost. And so, 80 percent is the--of the people, of the institution-- Mr. Duffy. Have you capped that at 12 cents? Ms. Raskin. Nothing has been done yet. This is a proposal. Mr. Duffy. Do you anticipate it being capped at 12 cents? Ms. Raskin. This is a proposal. And we are taking comments. Mr. Duffy. So, it could be capped at 30 cents or 44 cents? Ms. Raskin. We are looking at comments as they come in. Mr. Duffy. Okay. I yield back, Madam Chairwoman. Chairwoman Capito. Thank you. Do you have any questions, Mr. Manzullo? Mr. Manzullo. My only question is a follow up on what Congressman Duffy spoke about. You acknowledge in answer to his question that the smaller and community banks are impacted. And yet, you neglected to get their input in the first place. Wouldn't that lead you to the conclusion that the results are flawed based upon your own testimony, Governor? Ms. Raskin. It is certainly an honest observation. And in fact, it is the case that when the survey went out because of interests of complying with the statutory deadline that Congress provided-- Mr. Manzullo. So, you were under the gun and you rushed to judgment on this issue? Ms. Raskin. I don't want to say we rushed to judgment because we are trying to proceed carefully and we have had 9 months to do it. But it is very complicated-- Mr. Manzullo. I understand. But why couldn't you have simultaneously brought in the community bankers and other stakeholders with all the resources that you have as a Fed and at least get their input on this? Ms. Raskin. We are getting their input. We talk to them frequently. They have-- Mr. Manzullo. But not upfront. Ms. Raskin. They have submitted comments. And yes, there have been-- Mr. Manzullo. But you didn't survey them. Ms. Raskin. We didn't survey them because Congress exempted them from the-- Mr. Manzullo. That doesn't make any difference. Your job was to figure the impact on the consumer, and on the retail industry, and on the banking industry. And just because they were exempted, it does not mean that they were impacted. I think that your survey and your studies are flawed and you should miss that. Ms. Raskin. Yes, I am not ready to admit that. I think we have faithfully executed upon a very complicated-- Mr. Manzullo. I would disagree because you would have stated in a direct answer to Congressman Duffy that those smaller banks are impacted by this legislation. And yet with all the hundreds and thousands of people that you have on hand there in 9 months that you don't have the time, or the desire, or the scholarship, or the interest to examine other people, that would be the community banks that would be impacted by this. People make mistakes all the time. If you don't have all the information before you and if they were not interviewed and questioned in the first place, why would you then take a look at their comments on the study as to which they have no input in the first place? Why not disregard their comments as they come in, then you would be consistent? Ms. Raskin. Based on the comments we have today, we have received plenty of information from small banks and small credit unions, and their particular perspective is being taken into account. Mr. Manzullo. The problem is this, you came to a conclusion without them being involved in the process in the first place. And now, they are playing defense. They have to come back and they have to show through their studies and--through their studies without being given the opportunity that the larger banks were given. That is no way to come up with a regulation, Governor. It is flawed. And it is disingenuous. Ms. Raskin. I don't mean to be disingenuous. I am a former-- Mr. Manzullo. You are not disingenuous. The study was just disingenuous. I think the numbers here we are looking at and I think what America is looking at is a study that is fair and balanced, takes into consideration all the stakeholders, and then comes to a conclusion as to what that charge would be. I have the same people coming into my offices as Congressman Duffy. Some are saying it is too high. Some are saying it is too low. What the incredible effect of business people being pitted against each other in a way I have never seen before in my 19 years of Congress. I have never seen this before with a criticism that has been leveled at it. And a lot of it has to do with the fact that the people, that a large group of people, the banks under $10 billion were excluded from this. Their bigger concern also is that because they were exempted, they could go on there and charge whatever they want. That doesn't help them. They come under the force and pressure of the price that you have set. And if they truly have expenses that are greater than what you have set, then they are going to be in the position of the larger banks trying to woo away the customers of the smaller banks saying, ``Oh, by the way, our swipe fees are cheaper. And the way to get cheaper swipe fees would be for you to move your accounts to the larger bank.'' I am just saying that those are some of the arguments that we are hearing. And if they have been--you guys are shaking your heads ``no'' back there. But maybe you are a part of the people who had been questioned. But we are talking about the people who were not questioned and who wanted just a simple opportunity to be able to state their case even if, in fact, they were wrong doing so wrong on the facts they would have given you. Thank you. Chairwoman Capito. I want to thank the Governor for her patience for pushing back when we began and for her diligence in answering the questions. Without summarizing, and I think we still have a whole lot of questions left. And so, we are going to have another panel. So, I will dismiss you from the panel. And thank you very much. Ms. Raskin. Thank you. Chairwoman Capito. The Chair notes that some members may have additional questions for this witness which they may wish to submit in writing. Without objection, the hearing record will remain open for 30 days for members to submit written questions to this witness and to place her responses in the record. We will do a transfer quickly. Okay. Sorry about that. I would like to thank the panel for their patience. And we are going to begin the second panel. I think the first witness is the guest of the ranking member. And I recognize her to make an introduction. Mrs. Maloney. Thank you so much. I am honored to represent Mr. Prentzas. And I thank you for giving me the opportunity to introduce my constituent from the great borough of Queens, Gus Prentzas. Gus owns two businesses in my district: Pavilion Florals; and Life & Health Fitness, a health club in Astoria. He is also president of the Long Island City Business group and an active member of the Queens community. And he has been a small- business owner for over 20 years and is actively providing jobs and services in the district I am honored to represent. So, I welcome you Gus, and all of the panelists today. And I very much look forward to all of your testimony. Thank you. Chairwoman Capito. We also have another guest. The next witness is a guest of Mr. Luetkemeyer. Would you care to introduce your guest? Mr. Luetkemeyer. Thank you. Thank you, Mr. Chairman. My guest today is Mr. Kemper. I am pleased to introduce him. He is the chairman, president, and CEO of Commerce Bancshares Incorporated, an $18 billion regional bank holding company based in Missouri. He began his career with Commerce in 1978 as vice president of commercial lending at the Commerce Bank of Tennessee. He was president of Commerce Bancshares in 1982 and held a wide variety of senior positions, being named chairman, president, and CEO of Commerce Bancshares in 1991. David is a graduate of Harvard University. He received a masters degree in English from Oxford University and an MBA from the Stanford School of Business. Dave also served in an advisory capacity to Enterprise Holdings and Bungee North America. In his spare time, he is the vice chairman of the board of trustees at Washington University and a member of the board of trustees at the Missouri Botanical Garden and the Donald Danforth Plant Science Center. Mr. Kemper is also the past president of the Federal Advisory Council of the Federal Reserve. As you can see, David is involved in the financial services industry in a number of different capacities. I appreciate him taking the time today to be with us, and I look forward for his testimony. Thank you, Madam Chairwoman. Chairwoman Capito. Thank you. With that, I think we will begin with Mr. Prentzas. And we will proceed, as I said earlier, we would like to keep the initial comments to 5 minutes so we can have time for questioning. So, when you hear this, it means try to wrap it up. You can see the light on your table there. So, Mr. Prentzas. STATEMENT OF CONSTANTINO (GUS) PRENTZAS, OWNER, PAVILION FLORALS, AND LIFE & HEALTH FITNESS Mr. Prentzas. Madam Chairwoman, thank you. Madam Chairwoman, Ranking Member Maloney, and members of the subcommittee, thank you for inviting me to share my views regarding payment card swipe fees. My observations are based on my experience as a small business owner in Astoria, New York. From my perspective, these fees, for both credit and debit cards, have long been out of control. In fact, they have grown so large, so quickly, that I was forced to lay off an employee. While I understand that the Durbin Amendment only addresses debit card and not credit card fees, I believe this is at least one step in the right direction. Therefore, I fully support the debit card rules proposed by the Federal Reserve and any other efforts to help curve swipe fees. I own some small businesses in Astoria, New York: Pavilion Florals is a flower ship I have owned since 1998; and I have owned Life & Health Fitness for the last 4 years. Both businesses accept credit and debit card payments. The health club is particularly dependent on credit and debit cards as a form of payment because we charge monthly membership fees and allow our members to set up automatic payment plans via credit and debit cards for their convenience. For the health club, approximately 78 percent of our payments were received by credit and debit cards. I pay a monthly interchange fee of approximately $380. And I pay roughly the same amount for the flower shop even though the health club revenues are double the amount. And I note that the interchange I pay is not only based on the revenues I get, but also a percentage of the sales tax I collect, money that I don't even keep. These fees have grown at an incredible rate. Indeed, they have doubled in the last 2 to 3 years alone. Our prices certainly have not doubled over the same period. So, there is no question that these fees themselves are out of control. In fact, these fees have increased so much, so quickly, that I was recently faced with an unfortunate choice at my flower shop. I could pay these fees or lay off an employee. I was forced to lay off an employee because there were no realistic alternatives to accepting credit and debit cards. Visa and MasterCard are another form of currency and we must accept them like we take cash. This is one reason why I believe that the debit card fee limit is a step in the right direction. Policymakers need to begin to see cards for what they really are--a new form of currency. Approximately 60 percent of the flower shop's sales are paid by credit and debit cards, and 78 percent at the health club. We expect the percentage to increase as more young people patronize our stores. Overall, for my small business, interchange fees have grown more rapidly and significantly than all other expenses. And the fact that I cannot control interchange fees the way I can control other expenses is a huge problem for me. But our interchange fees are what they are. And we have absolutely no ability to change them or take our business elsewhere. Finally, I want to share my experience dealing with credit card charge-backs to make clear that merchants like me are on the hook when problems like fraud come up. A charge-back is when the card company doesn't give me the money for a sale even though it was properly authorized. My flower shop deals with high-value charge-backs. In fact, charge-backs I get at the shop are about one-third of the amount of interchange fees I pay. That is a big loss of funds on top of what I am already paying, and it offends me when the card companies claim they guarantee payment. Nothing is guaranteed. I can do everything right and still lose a sale along with a customer who has left my store with the flowers that I will never see again. There have been times when I checked an I.D., obtained a security code, and checked a zip code to make sure everything was authorized and in order. But when the card turns out to be stolen, I have still been charged back for a sale and lost the money on the goods. This is blatantly unfair. And losing an entire sale takes a big bite out of my business. Not only that, I have to pay the interchange fees on the charge-back amount. Once again, I am paying for fees I don't get. In conclusion, I feel fortunate to be able to serve my community as an owner of two small businesses in Astoria. The increases that I am seeing in credit and debit card fees are unreasonable. If interchange fees, even debit card fees alone, were reduced to a more reasonable level, I would have the revenue that I could use to hire more people, offer discounts, and cut prices. I ask you to please support the Federal Reserve's proposal and turn your attention to ways to bring some needed changes to credit cards as well. I thank you again for inviting me to testify. And I am pleased to answer any questions you have. Thank you. [The prepared statement of Mr. Prentzas can be found on page 174 of the appendix.] Chairwoman Capito. Thank you. Our next witness is Mr. Frank Michael, president and CEO, Allied Credit Union, Stockton, California, on behalf of the Credit Union National Association. Welcome. STATEMENT OF FRANK MICHAEL, PRESIDENT AND CEO, ALLIED CREDIT UNION, ON BEHALF OF THE CREDIT UNION NATIONAL ASSOCIATION (CUNA) Mr. Michael. Thank you, Chairwoman Capito, Ranking Member Maloney, and members of the subcommittee. Chairwoman Capito. You need to keep your microphone on a-- Mr. Michael. Thank you very much for the opportunity to testify at today's hearing. My name is Frank Michael and I run an $18 million--that is ``million'' with an ``M''--Credit Union in Stockton, California, called Allied Credit Union. We are not Bank of America. We are not Visa. We are not 7- Eleven. We are small. And we strive to fulfill our mission to serve our members every day. Our members want access to their checking accounts which means the ability to use a debit card. In fact, 1,100 of my 2,300 members use our debit cards. Section 1075 of the Dodd-Frank Act will make it more expensive for my members to access their checking accounts. And I know that this is not what Congress intended because Congress included an exemption for institutions like Allied. When the law was passed, the chief proponent said credit unions like mine would not lose any interchange revenues that they currently receive. We were skeptical about this statement in July. And unfortunately, the proposed Federal rule makes it clear that will not be the case. And here is why. There is no guarantee that all the payment networks will operate a two-tier system. Even though Visa has said it would, it is not clear when it would start, for how long, or under what conditions it would do so. Visa is just one of several payment card networks. Who is to say the others will operate that way? Even if they do, with the passage of time, market forces will cause at least some convergence of prices for the two- tiers and the absence of full implementation of the exemption that Congress intended. In our view, the Fed's proposal errs by failing to include a provision enforcing the small issuer exemption. The Fed has the authority to write rules for innovation of interchange standards. And we would hope that the committee would encourage the Fed to use its authority to enforce the exemption and protect small issuers. In the absence of meaningful protection, credit unions are rightfully concerned about the potential impact that the regulation's other flaws will have on their member institutions. At its most basic level, the Fed's proposal says that if you want to issue debit cards, you must do so under a set of government-imposed restrictions that require the program to operate at a loss because many of the costs of operating debit cards have not been considered by the Fed under the statute. Even for not-for-profit credit unions, the idea of government requiring the operation of the program at a loss is abhorrent. It flies in the face of safety and soundness. Under the current proposal, we are going to lose money on every transaction. The only real question is, how much? If the carve out is entirely ineffective and credit union interchange fees converge on the rate set for very large institutions, credit unions will find their net income reduced by $1.6 billion. That represents about a third of credit unions' recent net income. Such a reduction in income will lower capital of debit card issuing credit unions by 10 percent after 6 years absent any reaction by credit unions. However, that is not where the story ends, certainly not for credit unions. The real problem with this proposal will be its impact on its consumers, including consumers on the margin who may no longer have access to free checking. Credit unions cannot absorb this lot. Let's face it, our regulator will not allow it. We are not-for-profit institutions but we are subject to safety and soundness standards. Regulators will expect credit unions to maintain current net income levels and replace the lost revenue because credit unions must maintain at least a 7 percent net worth to be well-capitalized. The choices facing credit unions are relatively straightforward and carry a consistent theme: charge more to members for services or reduce the services that members are offered. Either way, it is a bad deal for members. CUNA surveyed its members: 91 percent of credit unions offering debit cards anticipate they will make changes to their rates fees and/or services as a result of the negative impact of this regulation. The four changes most often cited are: number one, increase debit card fees; number two, increase NSF fees; number three, eliminate free checking accounts; and finally, number four, lower the deposit rates. If the exemption for small issuers prove completely ineffective, the $0.12 rate would require credit unions to impose an annual fee in the range of $35 to $55 a card, a transaction fee within the range between $0.25 to $0.35, or some combination of the two. In order to maintain the pre- reform revenue, there would be new fees for our members. The timeline for formalization and implementation is very short and the consequences are potentially devastating for small financial institutions and consumers. There are problems with the rule that the Fed can and should address but there are significant statutory problems that Congress also needs to fix. We urge Congress to stop, study, and start over. Enacting the moratorium against implementation of the Fed's interchange rules will provide time for the Treasury to study the operational impact of the regulation on all issuers including small issuers, the impact on the safety and soundness of depository institutions, and the impact on consumers. Then the Fed should start its rule-making process again, taking into consideration the results of the study and set standards for a rate which is proportional of full cost and risk of the transaction. Madam Chairwoman, it is important for Congress and the Fed to get this right, otherwise consumers face high costs for financial services and they aren't likely to recover those costs from the merchant. We ask Congress and the Fed to stop, study, and start over. Thank you very much for this opportunity to testify in today's hearing. I am pleased to answer any questions you may have. [The prepared statement of Mr. Michael can be found on page 160 of the appendix.] Chairwoman Capito. Thank you, Mr. Michael. Our next witness is Mr. David Kemper, who has already been introduced. He is the chairman, president, and CEO of Commerce Bank, on behalf of the American Bankers Association and the Consumer Bankers Association. Welcome. STATEMENT OF DAVID W. KEMPER, CHAIRMAN, PRESIDENT AND CEO, COMMERCE BANK, ON BEHALF OF THE AMERICAN BANKERS ASSOCIATION (ABA) AND THE CONSUMER BANKERS ASSOCIATION (CBA) Mr. Kemper. Good afternoon, Chairwoman Capito, Ranking Member Maloney, and members of the subcommittee. My name is David Kemper, and I am the chairman and CEO of Commerce Bancshares. I am pleased to be here today on behalf of Commerce Bank, the American Bankers Association, and the Consumer Bankers association. Commerce is a mid-sized Main Street bank founded in Kansas City in 1865. Our 5,000 employees serve customers across 5 Midwestern States. Commerce is one of only three banks in the country to hold Moody's highest rating for financial strength. Last year, our business and financial strength was recognized on the Floor of the House by Congressman Emanuel Cleaver and former Financial Services Committee Chairman Barney Frank. We did not contribute to the economic crisis by originating any subprime products. The Durbin Amendment and the Fed's proposed rule implementing it will cost great harm to consumers. It will affect banks of all sizes and their ability to revitalize local economies. On behalf of Commerce Bank and the thousands of banks represented by the ABA and CBA, I urge Congress to take immediate action to stop the proposed rule from being implemented. This needs to be done to avoid the profound negative consequences that the rule has for the payment system and for consumers. I would like to make four points to the committee today. First, the Durbin Amendment and the Fed's proposed rule will severely affect consumers everywhere, causing new fees and pushing low-income customers out of the banking system. The fact is that both consumers and merchants value debit cards. They are faster at checkout, accepted worldwide, provide a payment guarantee, and protect from fraud. Debit cards reduce the need for cash and checks and the cost of handling bad paper. The Durbin Amendment moves the payment system backwards, taking a highly efficient system where costs are shared by all who benefit, the one where merchants are almost entirely excused from contributing. Some have argued that lower interchange rates will bring lower prices to consumers at checkout but this far from certain. What is certain is that banks will have to find other ways to recover revenue and this will ultimately lead to new fees for the consumer. Second, the Fed's proposal implementing the amendment dictates that my bank and indeed every bank throughout the country must lose money on every debit card transaction unless we charge customers more. Let me put this in context, the reality is that today's checking accounts have become debit accounts. Each month, our average active customer uses his debit card 26 times while writing only 5 checks. It costs Commerce Bank about $230 per year to maintain a checking account, including salaries, branch expenses, and issuing statements, among other costs. Our overall profit margin for that checking account is about $35 or 13 percent. The Federal Reserve's proposal would cut our debit card revenue by about 85 percent or $60 per account. This means our profit on a typical checking account goes from $35 to a negative $27. We will lose money on average for each account. Mandating that banks cannot recover the cost of our most popular consumer product is unfair, unprecedented, and just bad public policy. Third, the exemption for small banks will ultimately be ineffective. Every community banker--and I have spoken to a lot of them in the last 9 months--with whom I speak strongly believes his or her bank will be severely affected by the interchange price controls imposed on larger banks. The economics are simple. Market share will flow to the lower-priced product of big banks, forcing small banks to lose customers if they don't follow suit. And finally, the process Congress used was deeply flawed. The amendment was added to the Dodd-Frank legislation on the Senate Floor at the last minute. It was never the subject of any hearing in either the House or the Senate and never voted on by this or any other standing committee. A policy decision of such importance deserves much more thorough consideration. Commerce Bank, and indeed the banking industry, supported many of the key principles in Dodd- Frank. We are all for sound banks, strong capital, and consumer transparency; however, the Durbin Amendment has nothing to do with these principles. It will stifle innovation, lower productivity in our economy, and force a number of our customers out of the protection of the banking system. On behalf of the ABA and the CBA, I urge you to take immediate action to stop the Federal Reserve from implementing the proposed interchange rule. I would like to thank the committee for its time today and I look forward to your questions. Thank you. [The prepared statement of Mr. Kemper can be found on page 147 of the appendix.] Chairwoman Capito. Thank you, Mr. Kemper. Our next witness is Mr. Doug Kantor, a partner at Steptoe & Johnson, on behalf of the Merchants Payment coalition. Welcome. STATEMENT OF DOUG KANTOR, PARTNER, STEPTOE & JOHNSON, ON BEHALF OF THE MERCHANT PAYMENTS COALITION Mr. Kantor. Thank you, Madam Chairwoman, Ranking Member Maloney, and members of the subcommittee. I appreciate the opportunity to be here and share with you my views about the Durbin Amendment and the debit card rule before the Fed. If there is one thing that I would like you to take away from my testimony today, it is this: that the banks right now that issue debit cards all charge the same schedule of fees when they are under the Visa umbrella. And those under the MasterCard umbrella agree to the same schedule of fees as well. This is the only area of their operations that we are aware of where they all agree with their competitors to charge precisely the same fees. On other things, they stand on their own two feet, decide on their own charges, the same lending rates, the same interest rates, they do that for themselves each bank individually. Here, they charge the same thing and lock arms in a centralized price-fixed way. That is tremendously unfair to merchants across the country and it has led to an explosion in these fees where, as you heard in part from Gus Prentzas, from any merchants, this is the second highest operating cost that they have only behind labor but higher than rent. It is the fastest growing expense they face, growing faster even than health care costs, and for many parts of the merchant and retail industries, these fees are far, far higher even than their profits every year. That is a problem that cannot continue and the billions of dollars that they are being paid cannot continue. And the thing that is key here is the Durbin Amendment and the Fed's rule presents these banks with a simple choice. It says, if you would like to charge any amount of money that you would like, governed only by the marketplace, go ahead, unregulated, just don't do it through a centralized price-fixing mechanism. The Fed's rule and the Durbin Amendment only apply to centrally set fees. And so, if banks want to charge merchants whatever they want to charge, they can go ahead and that is fine. We believe in competition. Our members compete every single day. If they are going to fix the fee centrally though, there has to be some reasonable limits and that works where the Fed comes into play. And I think it is helpful to understand how we got here. How we got here was that banks used to have a different business model. The business model was, they tried to attract consumers to give them their money. That was kept in the checking account or in the savings account. And the bank would lend out those funds that was their capital, they would lend it out at a higher rate than the interest they paid to consumers. It is a good business model. It benefited everyone and still does. The consumers, however, had to have a way to get at their own money. One of those ways was checks. And almost 100 years ago, the Congress and then the Federal Reserve by rule, prohibited the analogy of interchange fees on checks, the exchange fees that used to be there, now they are not there. Now merchants get 100 percent of the amount of the check when they accept the check. Those are prohibited, and have been for a long time. We haven't heard any lobbying against that; that was price fixing. It has made the checking system much more efficient and made it work quite well. Then banks came out with ATM cards. That was a convenience to consumers. And in fact, some people put ATMs out there and invested money to do that. Interchange on ATM fees flows from the card holder's bank to the person putting the investment to put out the ATMs. They are providing a convenience. But then they saw, hey, if merchants would take these cards in their store, that is a great convenience as well. That not only saves consumers in terms of convenience, it saves the bank. Every time a debit card is used, the bank saves money because someone didn't write a check. They used the debit card instead. That has nothing to do with the interchange. It also saves money because they didn't go to a teller and take the teller's time to make a withdrawal. It saves the banks money; there are tremendous benefits for banks in debit which they don't tend to talk about when we discuss these types of issues. Merchants have invested billions of dollars putting-- stores, accepting debit cards and protecting from fraud. I have some of those numbers in my testimony, billions of dollars. That investment isn't recognized through interchange to the merchant although at first, it was. When these cards were first introduced, that is precisely what happened for many merchants; there was zero interchange for some. The merchants we repaid on other instances to recognize that. However, over time that system has changed, and because the price is fixed, those fees have exploded to a point where merchants are suffering from that and consumers ultimately, unfortunately, are footing the bill. Thank you very much. I realize my time is up. I am eager to answer any questions you may have. [The prepared statement of Mr. Kantor can be found on page 101 of the appendix. ] Chairwoman Capito. Thank you. Our next witness is Mr. Floum, who is the general counsel for Visa. STATEMENT OF JOSHUA R. FLOUM, GENERAL COUNSEL, VISA INC. Mr. Floum. Thank you, Chairwoman Capito, Ranking Member Maloney, and members of the subcommittee. My name is Josh Floum, and I am Visa's general counsel and a member of our executive team. We appreciate the opportunity to discuss the Dodd-Frank Act and the Federal Reserve Board proposal relating to the debit interchange and the routing of debit transactions and the great harm to consumers and to small businesses that may be caused by these government-mandated price and business controls. The Durbin Amendment was enacted through a really extraordinary process with no consideration in any congressional committee and no opportunity for the House to consider debate or vote at all. The amendment will have significant long-term consequences for consumers, for financial institutions, for small businesses, and for the entire U.S economy, consequences so fundamental and extensive that their full impact may not be known for many years. Because of this, Congress should consider extending the implementation date and requesting an impact study on unintended consequences. I would like to highlight the issues that may lead to those unintended consequences. Turning first to the price controls, there are three fundamental issues. First, the proposed regulations would result in a $12 billion annual value transfer to merchants, primarily to the big box retailers. This makes it virtually impossible for issuers to recover the cost of the infrastructure and operations required to build and manage a world-class debit system and discourages future investment in fraud protection, in e-commerce, in mobile payments, and other important innovations. This country should continue to drive innovation, technology, data security, and commerce. After all, digital currency was invented here and this country shouldn't get in a situation where it lags behind. But, while the direct impact is on debit card issuers, big and small, it is the consumer who ultimately will pay the cost to advance the industry. The Federal Reserve Board itself admits that its interchange proposal will permit issuers to recover only a small fraction of their costs but explains that ``issuers have other sources of revenue such as cardholder fees to help cover their costs.'' In other words, the Fed suggests raising fees to cardholders. Already, we are seeing that the Fed had it right. Many banks have indicated that they will have to take the step. Earlier this week, for example, the ICBA released a study of its community bank members. More than 90 percent of them reported that they will be forced to increase other fees to consumers to compensate for the interchange regulation. Importantly, and many members have mentioned this today, there is no requirement or evidence that merchants will pass on this windfall to consumers. In fact, the opposite appears to be true. When asked in 2008 whether consumers would benefit from lower interchange fees, the retailer representative truthfully testified, ``There is not a businessman who doesn't attempt to keep the margin.'' Ranking Member Maloney, you asked me to discuss the routing and exclusivity sections of this amendment, which were added with even less discussion and analysis, and also have significant unintended consequences. The retailers specific intent in adding these provisions was to establish a system that would further drive down their cost without regard to the need for networks and issuers to get a fair cost for the significant value delivered. By requiring more than one network on a single card and taking the routing decision away from consumers, the retailers have set up a race to the bottom to drive rates down. The retailers will seek the least expensive options regardless of quality or value delivered to the consumer. This part of the rule will only do more to stifle innovation and shortchange consumers on new and improve payment services. And unfortunately, the rule will have a particularly significant impact on community banks and credit unions and on the government and prepaid programs that rely in part on debit card revenue to fund their operations. Many people have concluded that these institutions and programs are exempt from all the Durbin Amendment provisions, but as we have heard today, the law does not exempt them from the exclusivity and routing control provisions. Of note, the routing requirement allows merchants, not consumers or card issuers, to decide how debit card transactions are handled now and in the future. The new rules deprive the consumer of the ability to choose over which network transactions will be processed. Now, the merchant will decide without notice to or consent from the consumer how money from her DDA account is accessed. There is simply no disguising if this is an anti-consumer provision. The exclusivity and routing provisions also compromise the security of debit transactions and compromise fraud prevention. Investment in data security and fraud prevention can only be made if there are sufficient economic incentives to do so and the opportunity to--I will--if I can have more 30 seconds, Madam Chairwoman--and the opportunity to recover the cost of these investments. Finally, the exclusivity in routing provisions add unnecessary cost and complexity. In conclusion, given all of this uncertainty and the many concerns being raised, we beseech Congress to extend implementation of the Durbin Amendment and request an impact study on unintended consequences. Thank you very much. I am happy to answer any questions. [The prepared statement of Mr. Floum can be found on page 84 of the appendix.] Chairwoman Capito. Thank you very much. And our final witness is Mr. David Seltzer, vice president and treasurer, 7-Eleven, on behalf of the Retail Industry Leaders Association. Welcome. STATEMENT OF DAVID SELTZER, VICE PRESIDENT AND TREASURER, 7- ELEVEN INC., ON BEHALF OF THE RETAIL INDUSTRY LEADERS ASSOCIATION (RILA) Mr. Seltzer. Good afternoon. I would like to thank Chairwoman Capito, Ranking Member Maloney, and the members of the subcommittee for inviting me to testify today on an issue that is important to the thousands of franchisees who own and operate 7-Eleven stores. My name is David Seltzer, and I am the vice president and treasurer of 7-Eleven. There are more than 6,700 7-Eleven convenience stores operating in 32 States nationwide. More than 5,000 of these stores are operated by small business franchisees. In fact, sitting behind me today is Dennis Lane, who has been the operator of the 7-Eleven in Quincy, Massachusetts, for more than 36 years. I welcome this opportunity to share the views of 7-Eleven, companies of the Retail Industry Leaders Association, and small business owners like Dennis, on the topic of interchange reform. Putting this into perspective, a typical 7-Eleven franchisee owns a single store, employs 8 to 10 people, and works 60 to 70 hours a week. After payroll, interchange is the largest cost our franchisees face and it is the only cost over which they have no control. The proposed rule is critical to our franchisees because it will provide meaningful relief. I acknowledge that debit and credit cards are important to 7-Eleven, and as a direct beneficiary of the credit and debit clearing system, we expect to pay competitive fees for the use of the system. At 7-Eleven, 49 percent of our sales are paid using plastic, and 73 percent of these card transactions are on either a Visa or MasterCard. Unlike all other business expenses, the pricing mechanism for this clearing system is not determined in a competitive manner. Over the past 8 years, 7- Eleven credit and debit fees have quadrupled from less than $40 million in 2002 to $177 million in 2010. That is a 21 percent average annual increase. Debit cards are now used for over 80 percent of our card transactions. According to the Kansas City Fed, average PIN debit card interchange rates have risen by more than 500 percent over the past 10 years. In October 2009, MasterCard increased its Maestro debit interchange rate by 98 percent. On small ticket transactions, the fee can be more than 20 percent of the sale. When we spoke to MasterCard executives regarding this rate increase, we were told that interchange rates were non-negotiable. Further, we were advised that MasterCard views banks rather than merchants as their customer and the rates are set at levels needed to entice banks to issue cards on MasterCard rather than Visa. In other words, competition among the card networks translates into higher interchange fees for merchants. And as we have heard today, banks don't compete on or negotiate interchange fees; the rates are the same. As the Federal Reserve noted, the financial incentives in the debit clearing services market work to encourage higher costs and more risky debit transactions. In short, this market is fundamentally broken. In 2009, we and our franchisees and customers petitioned Congress to address this issue and nearly 1.7 million people in 285 congressional districts signed petitions. Since our petition drive, over 3 million more Americans added their names to similar petitions sponsored by members of the National Association of Convenience Stores. So now, more than 5 million Americans have signed petitions calling on Congress to reform interchange fees. We are delighted that Congress responded last year and the resulting Federal Reserve rule will lead to tremendous savings for hundreds of thousands of small businesses. These savings will translate into lower prices for consumers, and more development and more economic activity in communities throughout America. In fact, Dennis has already hired a new employee in anticipation of the savings from the debit interchange reform. Given the intense price competition that exists within retail, there can be no doubt that debit savings will benefit consumers. As to the impact on the banks, I want to make it clear that debit interchange legislation only affects about 100 financial institutions, leaving more than 99 percent of all institutions exempt. According to a recent article in the American Banker, some analysts believe that community banks and credit unions will benefit from this change as it will provide them with a competitive advantage against the larger financial institutions. Madam Chairwoman, the facts are clear. The system is broken. Anyone who accepts debit or credit cards, whether or small or large businesses, and the more than 5 million consumers who signed petitions agree that interchange reform is necessary. The Federal Reserve has proposed a rate structure, having received substantial input from card networks, banks, credit unions, and merchants. Though we believe the data submitted by the banks to the Federal Reserve supports a lower rate structure, we respect the process undertaken by the Federal Reserve and recognize that the proposed rates developed through this process will provide meaningful relief. We encourage the Federal Reserve to complete its work to provide some common sense to debit fees for businesses large and small, and most importantly, their customers. Delaying this process would only harm American businesses and consumers to the tune of $33 million a day, or a billion dollars for every month that passes. Thank you for the opportunity to appear before the subcommittee this afternoon. I would be happy to respond to any questions. [The prepared statement of Mr. Seltzer can be found on page 192 of the appendix.] Chairwoman Capito. Thank you. I would like to thank all the witnesses, and I have so many questions because honestly, conflicting information is what I have been seeing streaming through my office. So, I am going to ask some short questions and hopefully get some short answers. Mr. Prentzas, you mentioned the cost of the debit interchange has gone up. Has your business--has your gross revenue gone up at the same time or is it a shift in the way people are paying for your services? Mr. Prentzas. It is a shift in the way people are paying for their services, so the more they are using their debit cards, the more interchange fees I am paying. Chairwoman Capito. Right. Mr. Prentzas. But, what creates a problem for a small business person like myself and there are thousands out there in the United States, is that we don't know until the end of the month when we get that statement what our interchange fees are going to be. That creates a very big problem when you are trying to operate a business, not knowing what you are going to end up paying. Chairwoman Capito. Okay. Let me ask you this, do you decide which routing your card goes on in all this? Mr. Prentzas. No. Chairwoman Capito. Okay. Who negotiates your fee for you? Mr. Prentzas. The merchant company. Chairwoman Capito. So, you go through like a merchant payment-- Mr. Prentzas. Correct. Mr. Kantor. If I could, Congresswoman, folks like us have their own service providers who sign them up and provide processing and we don't do that. Chairwoman Capito. Okay. Mr. Kemper, on your debit cards right now, do you have any charges at all associated with debt for the consumer? Mr. Kemper. No, we don't. Chairwoman Capito. No. Mr. Kemper. And as I said, it is extremely popular for being used and it has basically displaced the check. Chairwoman Capito. Right, I know. I am in that generation where I am--he is writing checks, I am using my credit card, but my kids are using their debit cards so--has the cost--Mr. Kantor mentioned the cost going up, this is another conflicting piece of information. Has your interchange cost on debit cards gone up to the 98 percent that Mr. Seltzer mentioned? Mr. Kemper. My view is that is primarily because the debit card is the most successful product we have ever had. Chairwoman Capito. Has the cost of the debit card-- Mr. Kemper. No, the cost as a percentage of sales to us, and I think it is true pretty much across-the-board, has stayed fairly constant. Maybe it has gone up a little bit, but I think the dollars are driven by the volume because everybody is using debit cards. Chairwoman Capito. But if you had to average the average cost of interchange fees over 10 years or let's say 5 years ago because 7-Eleven made an assertion in their statement that it has gone up 500 percent over the last 5 or 10 years. Is that-- Mr. Kemper. That would be nothing comp--I think that is driven by volume. Our debit fees have gone up because they have replaced checks and so the fees have gone up, as a percentage of the retail sales, they have stayed very steady. Chairwoman Capito. Okay. Mr. Kantor. If I could, Congresswoman, just for a moment on this question. Actually, the rates have gone up very significantly over time. In fact, PIN rates were next to nothing about a decade ago and so-- Chairwoman Capito. This is what I mean. Mr. Kantor. Yes. Chairwoman Capito. We are getting two conflicting-- Mr. Kantor. We are happy to give you those numbers and I would know--there are a lot of things that are conflicting here. Commerce Bank's Web site says they do charge some of their customers for debit cards so there are a number of things--the facts of the-- Chairwoman Capito. We will let Mr. Kemper-- Mr. Floum. May I respond, Madam Chairwoman? Chairwoman Capito. I want to ask Mr. Michael something because I really have only a minute 43 left. You fall into the category of the under $10 billion, obviously, with your credit union. Mr. Michael. Well under, yes. Chairwoman Capito. Yes. Did you submit any comments to the Fed? Mr. Michael. I have not had the time. And in fact, until I was asked to speak in this hearing, I didn't have the time to really investigate the effects of this. That is one of the problems I think most have-- Chairwoman Capito. I would agree with that. Would it be a safe assumption probably that your association--the Credit Union National Association, I am sure has submitted something representative of--because only two credit unions fall into this category. Mr. Michael. They are in the process of submitting two separate comment letters to the Fed. Chairwoman Capito. Thank you. Do you charge for your debit card right now? Mr. Michael. I have to, because I lose money on my transaction accounts. Chairwoman Capito. So you do it like a fee? Mr. Michael. I have a fee on the transactions to try and allocate the cost and--most use it. I have too much in fixed cost and those fixed cost, I don't think they are being even considered as part of the Fed study. And for a small institution, that is a major portion of what we do. Chairwoman Capito. Yes, I mean proportionately too, that has to be a problem. Mr. Michael. It is. Chairwoman Capito. Because you don't have access to the larger networks, then you don't have the--obviously the lawyers and the accountants and everything else that has to go along with finding a--with doing the correct fraud and protections and all those kinds of things. Let's see, the question that I really want to find out here and I assume--I don't know if the Fed actually knows this or not but is the cost--whether they have gone--I understand the volume of business has gone up so your interchange is going to go up because it is a greater part of your bottom line. More people are paying with debit cards and so your interchange fee is going to go up with that because you have more people using the card. Mr. Prentzas. Madam Chairwoman, if I may? As a small business owner, what I am really confused about and try to understand throughout this whole process and maybe some of the banks can explain this to me is, how is an interchange fee actually determined? There are so many different types of debit cards out there with rewards where I as a small business don't know what these fees are, what the percentages are, and I am at the mercy of a bank, at the end of the month, they give me a statement and tell me this is what you have to pay. And I have no understanding of what I am paying or why I am paying. Chairwoman Capito. Thank you. Mrs. Maloney? Mrs. Maloney. I want to thank all of the panelists for their thoughtful testimony and I would like to ask this apprentice, we talked a great deal about small businesses and trying to help them here in Congress and wanting them to prosper. They are the backbone of the economy. After Valentines Day and being a florist, is the economy improving? Mr. Prentzas. There is a lot of love in the air this year. Mrs. Maloney. That is great to hear. Can you elaborate and others on the panel on what you think this rule will mean for you as a small businessman or as a bank or as a small community bank? And if there is any savings, Mr. Prentzas, how would you use those savings? What would you do with them? Mr. Prentzas. Congresswoman Maloney, thank you for that question. Actually, that is a very important question. As a small business owner, we are in the business of competing everyday. And every dollar that we could save will be in our best interest to put it back into the market, into the consumer. That also includes lowering prices. That is what is going to draw another customer to my shop and that is what is going to help me create more revenue where I could hire people and give the benefits that all Americans deserve. So, naturally, in my situation and as a small businessperson, I think it is going to trickle down to the consumer. Mrs. Maloney. Okay. I would like to ask all the panel members to comment on what they see as the benefit or perhaps detriment to consumers with the implementation of this interchange rule. I have heard from financial institutions that this will mean that fees on their customers in others areas may be raised. And I have heard from merchants that high interchange fees mean that the price of goods and services are higher. I would just like Mr. Kemper, Mr. Seltzer, all of you, to comment on what this means to you. Mr. Kemper. Yes. Mrs. Maloney. And to your customers and to the consumers. Mr. Kemper. Great question. Josh used the number $12 billion to $14 billion that is going to come out of the banking industry primarily to retailers and primarily to the top 1.5 percent of retailers who are doing most of the business. That $14 billion is 16 percent of banking profits for last year. Banks last year made about 6 percent on equity compared to 19 percent for the 3 biggest retailers. So, banks have gone through a tough time of rebuilding capital and are not particularly profitable. This payment system is the most stable income and especially for small banks. We do a lot about the businesses, we are in money management, we are in commercial. But for small credit unions, for small banks, it is going to be devastating. As I said, it is going to mean that our basic--system product is going to be unprofitable. We are going to have to raise fees. I think people have generally said we will be lucky to recoup a third to a half of these kind of fees, it was going to suppress profitability immediately, and we have a wonderful system. We have to step back and look at what the value of this system is, not what the cost. I like to talk about the costs because they are very competitive. They are cheaper than checks, they are cheaper than cash, and a lot of studies have shown that. We have a wonderful system that we could ruin. And Josh, Visa, a lot of people are not going to be investing in the future in fraud, on innovation, and we are going to go the wrong way. Mr. Kantor. If I could address this question, because it is an important one. What we have shown--and I cited in my testimony, a study from Robert Shapiro, the former Undersecretary of Commerce. And he took a look at this and said if interchange fees, he looked at both credit and debit, were just cost plus a reasonable rate of return, that would return almost $27 billion to the pockets of consumers and create 242,000 new jobs in the United States. If you look at just debit, those numbers are more than $10 billion to consumers and it is more than 95,000 new jobs created. As prices go down, people buy more, and that is good for everyone. I would like to comment just again at the chairwoman's helpful observation about talking about facts here. Mr. Floum, in his written testimony, and again in his testimony early today before the committee, quoted a small businessperson, Tom Robinson, who testified a few years ago before the Judiciary Committee on this issue. But that quote was cut off at the critical point of that quote. And Mr. Floum quoted Mr. Robinson in talking about passing on savings to consumers as saying there is not a businessman who doesn't attempt to keep the margin. Mr. Robinson continued that statement. He said there is not a businessman who doesn't attempt to keep the margin, but the competition always drives it back out. And when you have a competitive market, and we definitely have a competitive market unlike some others, those benefits will go back to the consumer. I expect this was an honest mistake on Mr. Floum's part. Unfortunately, this artificially truncated quote has been floating around for a while. When there was a markup in the Judiciary Committee, one of the Members who talked to him had to read it in and correct it, and I would just ask that this exchange in the transcript be made part of the record of this hearing so that we get it right and make it clear that merchants believe in free market and believe consumers will save. Mrs. Maloney. Thank you, and my time has expired. Thank you. Chairwoman Capito. Thank you. Mr. Marchant? Mr. Marchant. Thank you, Madam Chairwoman. What I would like to focus on is the expense that merchants no longer have to incur because of the debit card. In my life, I have worked in stores where a great amount of the time that the cashier and the management spent was in compiling the deposit, taking the check, checking the ID, taking the hot checks to the door as you walk out, and all the expense that went into just making this simple transaction take place. It seems to me that the debit cards have made a lot of the positions that existed in your store, Mr. Prentzas, maybe you don't have to have a fulltime version that does that now. Now, you can--this debit card enables you to have safer transactions, quicker transactions. Would you admit that there is some value to that versus the way it probably was when you started in business? Mr. Prentzas. Thank you for that question. What I could say to that is that I don't need that person, but I also had to lay off one other person because of these fees. And let me explain myself, Congressman. As a businessman, you need to be able to understand what you are paying for. When it comes to interchange fees, I don't know what I am paying for and what these fees are. What is the rate of taking card ``A'', or what rewards are on that? I don't know. I am at the mercy, like I said earlier, of the statement that comes in at the end of the day. So, yes, it might be convenient, but I am not willing to give anybody a blank check to fill out a portion for that convenience. I want to know what I am paying for that convenience and how it is being derived at the end of the day. Mr. Marchant. Okay. So, your point is you don't know what you are paying for. You don't know how-- Mr. Prentzas. Why it has been increasing so rapidly without having any additional services? Mr. Marchant. The other thing that I am noticing as I am going down to the store is that with almost every transaction that I try to make, the retailer is trying to push me towards the transaction that the retailer would prefer that I make. And the retailer absolutely does not want a check. Cash, I am pretty sure is okay, but retailers no longer want a check. The retailer really no longer wants a credit card because I am assuming the credit card is still 2 to 3 percent. Is that a standard bank charge for credit cards, Mr. Seltzer? Mr. Seltzer. Mr. Marchant, for us, credit and debit are right on top of one another and I think on average--our credit rates are about 2.2 percent. Mr. Marchant. 2.2 percent. Mr. Seltzer. Our debit rates are about 2.1 percent of the transaction, so they are right on top of one another. And, I will speak to your other question. We absolutely believe there is value in cards, we are willing to pay competitive prices. And if there were competitive markets for this product, we wouldn't be here. There is no competition within the card space for debit cards. Mr. Marchant. I think I might get to that if I have enough time to get to my question. The retailer, though, now is--even though there is no difference, I guess you are saying, between credit and debit, they are pushing me towards a debit transaction because I will now have to say that I don't--debit or credit. That is a standard question now so there must be some advantage to one transaction over the other. Mr. Floum. Yes. Can I say a little bit about the facts? Because the one thing I agree with Mr. Kantor about is that facts are important. And there have been a lot of assertions about facts. Chairwoman Capito, I am happy to provide you with excruciating detail about Visa's interchange rates. They are transparent, they are on the Web site, they are public. So, let's talk a little bit about the facts. You asked whether the rates are going up because usage is going up or because the percentage rates are going up, and this is very important; it is because people are using debit cards more, and merchants are accepting them more. That is a good thing because they are less expensive than cash and they are less expensive than checks so merchants are achieving savings. The debit card rates on average 10 years ago were about 1.4 percent. Today, they are about 1.4 percent. Some rates have gone up, some rates have gone down. The average effective debit card rate has remained stable over a 10-year period. Any assertion to the contrary, we need to look at the facts. Credit card rates on average are higher, but the rates that merchants pay for use of debit cards and credit cards in the United States are far lower than what they pay in most other countries. So, it is important to get the facts correct and we would be happy to provide you with all of these facts for the record. Chairwoman Capito. Mr. Watt? Mr. Watt. Madam Chairwoman, I think I will allow Mr. Scott to go next. I missed the testimony, I do want to apologize for that, but I am trying to get into the flow here. Mr. Scott. Thank you very much, Madam Chairwoman. This is very, very interesting and, as I said, it is very profound. The issue, if I could frame it right is that everybody here agrees we need to change the fee. The issue becomes, what is reasonable and what is proportional? Three of you have one set of feelings, and three of you have the other. So--if you could briefly just share with this committee what do you feel. What rate fee do you feel would be proportional and reasonable? Let me start with you, Mr. Kemper. Mr. Kemper. Yes, thank you. I think you have to go back. And I put this in my written testimony about the different costs of payments. The merchant can take checks, the merchant can take cash, the merchant can take debit, the merchant can take credit cards. And debit cards are the cheapest form of payment from a social cost. That is not my view, that is a Brookings study, and we can show you other studies. So, it is a very competitive way of payment. It has huge benefits for everybody, for the bank. Mr. Scott. I want to get to quite a few little points. Mr. Kemper. Okay. Mr. Scott. So if you could just tell me, we are looking at a range here from 43 or 44 to 12? Mr. Kemper. As I mentioned, it costs us $230 for a checking account. And lots of those costs are revolving around debit. So, we have millions of dollars in cost of running our call center, issuing statements in fraud, all kinds of things that are not being included. The Fed has too narrow a rule, and it is a train coming down a track. Mr. Scott. Do you have a figure? Do you have a figure, let's say, from 12-- Mr. Kemper. My figure is that we have a huge amount of cost that they are not even looking at. Mr. Scott. Right. Mr. Kemper. And that is why we say you have to delay this, you have to step back and really understand the cost involved in this. Mr. Scott. The one thing you would say is 12 is certainly insufficient? Mr. Kemper. Twelve is certainly--that is one thing I will say. Mr. Scott. You don't want to say-- Mr. Kemper. It is insufficient. Mr. Kantor. Congressman, thank you. It is a very helpful question because actually I do not agree that the centrally fixed interchange fee should exist at all. In fact, in seven of the eight nations around the world that have the highest per capita debit card usage, this fee does not exist at all. It is important to recognize that, as I talked about in my testimony, banks get tremendous benefits every time there are customers. Mr. Scott. I know, but I don't--I am just going to get--do you have-- Mr. Kantor. There should not be a fee. Mr. Scott. Period? Mr. Kantor. It should be zero. They should have to set their own fees at banks and not-- Mr. Scott. Twelve is even high to you? Mr. Kantor. That is absolutely right. Mr. Scott. Okay. Mr. Kantor. It is far too high. Mr. Scott. Let me go to the next point if I may, because we have some merchants here, and I would like to get their concerns about this. Mr. Seltzer, let me ask you, you agree that if someone provides a service and someone else profits off that service, that the person profiting off that service should pay for that service? Mr. Seltzer. Absolutely. Mr. Scott. How much business would you lose if you stopped accepting the debit card transaction? Mr. Seltzer. We sell groceries, we sell gasoline, so we don't believe that debit transactions or debit cards have increased purchasing volume for our consumers. If we stop accepting cards because Visa and MasterCard have been successful in transforming American purchasing habits from checks to electronic checks as debit cards were originally marketed-- Mr. Scott. Would you say you--yes, and you would lose business 35 percent, 40 percent? Would it be in that range? Mr. Seltzer. I don't know an answer to that. No retailer can-- Mr. Scott. But it makes a certain portion of your business possible. And you do feel that you should pay for that service. Is that correct? Mr. Seltzer. Again, if there were competitive rates or competitive interchange-- Mr. Scott. Does 7-Eleven accept checks as a form of payment? Mr. Seltzer. We do in our company-operated stores and our franchisees can-- Mr. Scott. Okay. Do you pay for a guarantee service, a check guarantee service to make sure that check--that you are covered? Mr. Seltzer. We do on a guaranteed basis; checks are less than half the cost of debit. Mr. Scott. Yes, so it is less than half the cost of debits? You would say that debit cards--how do they compare to the fees that you pay out to the check guarantee service? Mr. Seltzer. Debit fees are substantially more expensive. Mr. Scott. Pardon me? Mr. Seltzer. Debit fees are substantially more expensive. And debit is not guaranteed at the end of the day. We take chargebacks on debit. Mr. Scott. Thank you, sir. Thank you, Madam Chairwoman. Chairwoman Capito. Thank you. Mr. Royce, from California? Mr. Royce. Thank you, Madam Chairwoman. I was going to ask Mr. Kemper--you are with Commerce Bank, right, Mr. Kemper? Mr. Kemper. Yes, that is right. Mr. Royce. Which, as I remember, never got into the toxic mortgage mess that a lot of financial institutions did get into. Mr. Kemper. I am proud of that. Mr. Royce. I read your testimony here. And I was going to ask you, do you expect the ability of the system as it exists now to combat fraud to be weakened if the proposed rule goes through? And walk us through the logic as to why, if so. Mr. Kemper. In the previous testimony with Governor Raskin--and I think we were talking about the incentives on fraud prevention and fraud, if you can't recover the cost of fraud, you are going to have to put different restrictions. First of all, I think you are not going to guarantee payments on larger items, so that is really going to cripple the debit system for everybody, for the consumer and for merchants. And if you don't continue to invest, as we talked about before, it is part of a rapidly evolving battle, and so the card operators, the banks, we have to continually put a lot of money into doing what we must to outwit the crooks. So if you can't recover your cost and if you cut your fees by 85 percent, there is no question that you are not going to invest to cover fraud. And if you are not allowed to recover fraud cost, you are going to have to put a lot of restrictions on that so you don't take the losses on fraud. And that would be devastating. Mr. Royce. Let me ask Mr. Floum, too, on that front. I spoke earlier when we had the representative of the Fed here just about their concerns with the way in which fraud in our society continues to evolve, the innovative ways in which people keep trying to hack into the system and, also, the evolution of this system where we are informed as consumers, where it is found in advance of us finding it, in most cases by the current system. But that system has cost billions and billions of dollars to develop. And I was going to ask you how often is your network hacked? Mr. Floum. Congressman, there are efforts to hack our network multiples times every day. And, fortunately, up till now there has never been a successful breach of our network, not one, and we are proud of that. But that takes a lot of investment. We invest at Visa alone $800 million a year in preventing fraud and cyber attacks. The banks, our issuers invest billions each year. And if there is not an incentive and an economic return to continue to invest and to safeguard the data security of our payment network and our digital currency, that is a very serious policy concern. I would respectfully submit we need to keep ahead of the cyber criminals. It is not enough to be on par with them. That takes a very sophisticated technology, thinking ahead and significant investment. Mr. Royce. Let me ask you then, do you think the system will be less safe as a result of this rule if it is implemented as is, without change or without study? Mr. Floum. Whatever the regulatory environment, we will always strive to make the system as secure as possible. And I am sure the issuers will do the same. But without a return, and if issuers have to operate at a loss, it makes it very problematic and much harder to do so. And I fear that competitors overseas, other networks will have an edge because they are not constrained by artificial price controls. Mr. Kantor. Congressman, could I have a word about this fraud question-- Chairwoman Capito. Yes. Mr. Kantor. --because it is an important one, and I think it is helpful to recognize first that Visa's fees as a network are not regulated by the Fed under the law or the Fed's proposal, so if their investments are not affected, they can continue to charge merchants, which they do, whatever they desire to charge them. But Mr. Hensarling made a very important observation during the first panel that you don't want to create that incentive by paying banks for their fraud losses--then they don't have the incentive to get rid of those fraud losses. And so that shouldn't be part of the analysis and in our view isn't what is, is fraud prevention. And if in fact there are systems that demonstrably prevent fraud, our view is--and we believe the law says this and the Fed's rule accounts for them in the options they put forward--those fraud prevention cost can be recovered if they demonstrably reduce fraud. Mr. Royce. Thank you, Madam Chairwoman. Chairwoman Capito. Mr. Meeks? Mr. Meeks. Thank you, Madam Chairwoman. It is a very good hearing. And, I can recall when we started this, I wish we would have had the time before we passed the bill to have this kind of an intensive kind of debate and conversation and it might have cleared it up and-- because, ultimately, what we are concerned about is the consumers and all of you, whether it is merchant or whether it is bank group or the person who is going to a bank or credit union and our constituents. We want to make sure that they get the benefit. There is one question, that before I get into the main question, I want to ask. And I don't know--backing off to Mr. Scott. I didn't get quite the understanding because I know usually, there is a lot of tax. How much does it cost or who pays the cost if a check was bounced? If you gave the check, what is the cost of the, you know--maybe, I don't know if someone could answer that for me, Mr. Floum or someone from the credit union or anybody. How much or what is the cost for a bounced check? Mr. Floum. The cost annually to merchants from bounced checks far exceeds the total amount that they pay in debit interchange. And as volume increases on debit cards, those bounced check losses come down. So, again, this idea that debit fees have gone up, I have said that is not true. The rate hasn't gone up. The overall expense has gone up because more debit cards are being used. That means merchants are saving money because it costs them more to bounce checks, to pay for bounced checks. If you want to guarantee a check, you can go to a check guarantee type of service. And the rate they are going to charge you is 1.3, 1.4, 1.5 percent. So with that guarantee and with the additional expense, and as Mr. Kemper said, it is not just us who are saying this. Everyone would acknowledge who studied it that the cost of checks far exceeds the cost of debit cards per merchant. Mr. Meeks. Quickly, please because-- Mr. Kemper. Sure. We are happy to bring in the numbers from merchants. It is the case because, often, with the bounced checks the merchant does get the money. There is--or otherwise, and there are fees put on there just like the bank's $38 billion in overdraft fees. Merchants do put a fee, so it is not the fact that merchants lose more money than they pay on-- Mr. Meeks. Let me just--this is another reason why, in my viewpoint, we need to dig into this more because, too, I was watching. That is what it meant. The first panel is watching the Senate Banking hearing today. And there were two statements that were made--one by Chairman Bair--that said that the Durbin Amendment might not be helpful to consumers and has unintended consequences and really needs to be fixed. He further stated that the full policy ramifications might not have been dealt with as thoroughly as they should have been. So we kind of rushed it through. And then there was also a statement--because I was particularly concerned at that time with the effect that for a small--for credit unions and for the smaller institutions, the community banks--and so we put in an exemption what we felt would protect them. So my question then is--and I think Chairman Bernanke said that the exemption may not work. So my question--and Mr. Floum, I will ask you, especially with this network, because I heard you testified about network exclusivity provision. How does that affect, if it does, small issuers? Mr. Floum. Thank you for the question, Congressman Meeks. It affects small issuers greatly because although they were exempted from the direct price regulation on the debit rate, they are square in the crosshairs and exclusivity and routing provisions. Those were put in during conference by RILA, the large retail association, for one reason and one reason only-- and that was to suppress interchange rates and issuer revenue. So what they do is they say that it is not enough that the networks can't compete to have cards, but that there had to be two networks on one card. Whether the cardholder wants two networks or the issuer wants two networks or not, the choice is taken away. And the choice is taken away from the consumer to route the transaction. So someone is asking about thin pads and merchants trying to steer-- at least consumers had a choice before, but with the Durbin Amendment the choice is taken from the consumers and merchants' route and with two networks they want to set up a situation where they drive the interchange rate down. That was the reason. That was the intent. That will be the effect. And, unfortunately, the credit unions and community banks are not exempt from that provision. Mr. Meeks. Do you have any comments? Mr. Kantor. If I could, it is important to recognize a couple of things here. One is that there is robust competition in one place here--that is to drive interchange fees up. The networks drive interchange fees up to get issuers to put them on the card. That won't change even with the network non- exclusivity and that will protect the small banks so that they won't have to worry about their fees. Visa has already said they will have a two-tiered system. And there have been commentators like Christopher Leonard of the American Banker, who said, ``This will allow the small banks to win and have their cake and it eat, too.'' Chairwoman Capito. Mr. Renacci? Mr. Renacci. Thank you, Madam Chairwoman. And thank you all for being here. Mr. Prentzas, Mr. Kantor, and Mr. Seltzer, there was a day just very recently that I was a retailer. And Mr. Michael, Mr. Kemper, and Mr. Floum, there was a day very recently that I was on a bank board. So I see both sides of your story. The only concern I have is in the long run, who is going to win and who is going to lose? If I was sitting on the retailer side, and even if prices were able to come down, I know that the bankers have to make these dollars up somewhere and those fees will wind up going to the consumer. And, today, I am sitting on the side of the consumer and wondering who really wins in all of this. The other thing that I think we need to be very, very careful of is that any time the government gets involved and sets a price or a standard or a fix, whatever you want to call it, it is a very dangerous precedent especially for the retailers. So I am concerned about that and not comfortable at all. But I do know that, from a retailer's standpoint, these cards do allow you the opportunity to sell more. And I do know, from a banking perspective, these cards do allow you to make money. The issue again is going to be, how does it affect the consumer? My biggest concern today, though, goes back to all of the testimony. And, Mr. Kantor, I want to--two things you did say in your testimony. You said that interchange rates should be based in many cases with the foreign markets charge. I think you need to be extremely careful there, too, because I am sure your retailers would not want to have to charge with the foreign-- with some of the foreign market for selling things for. I will give you a chance to speak. And you also mentioned--the word early on in your testimony--fixing fees and you said that the banks are fixing fees. I am not too sure you want the government to fix fees. So, again, let's be careful while we are talking about all of these numbers. But here is the question I have. After all of this testimony, we are still getting down to we now have an interchange fee that the Federal Reserve is saying should be at a certain amount. And they put that amount inside of a specific box. We didn't give through a statute the Federal Reserve any opportunity to pick up all of the costs that are available. You heard the testimony earlier that it could be an issue. And for the retailers sitting on the panel, I am sure that if you were stuck with a certain retail cost that was set by somebody else and all you were told was you would want your cost, you would want to make sure it is a fair fee and a fair cost. So I am going to ask this primarily to the retailers. Hearing the testimony earlier and hearing that you know that this interchange fee is really--it is flawed in my opinion. It doesn't take into consideration all of the cost. And as I asked the previous person who testified, what do you need to get this cost, I really didn't get an answer, so what do you need? But for your purposes, do you really want the Federal Reserve to set a cost, a standard, as you called it, or do you want it to be fair and reasonable? And are you willing to allow there to be more time given to the Federal Reserve to have all the details available so that they can come up with a fair standard, as they call it? Mr. Kantor. Congressman, I appreciate that. And thank you for looking at this question so closely. What is helpful to recognize here, as I said in my testimony again, is if banks would compete rather than fixing the fees and set their own costs, charge whatever you want and have a market system, that is great with us, do it. If they are going to fix the fees, we think frankly they should not be allowed to charge anything by fixing the fees. The Fed has been more generous than that in spite of the fact that we advocated that they not do that and, instead, here you can recover this cost plus a rather large rate of return on those costs. And so, here, I have gone through in my testimony the banks have argued for a great many other costs to be included here. Now, some of those are costs of the network, which, as I said, aren't regulated. Some of those are the costs of the credit program-- Mr. Renacci. I am going to run out of time, so I just want to make sure are you willing to let more time to be allowed from a retailer's standpoint so that actual reasonable cost can be determined, or you are going to stand here or sit here today and say, no, I don't want to waste any more time to have a reasonable cost? Mr. Kantor. The Fed has done a good job here so far. Merchants have been-- Mr. Renacci. The Fed has said today that they did not take into consideration all of the costs. So my question is pretty specific--are you willing to allow that there will be more time for the Fed to get all the costs outside of the box so that they can come up with a fair interchange fee? Mr. Kantor. We have waited more than 10 years too long already. Mr. Renacci. You are not answering my question. Mr. Kantor. The Fed is getting it right. It should go forward. If anything, the fees should be lower. Chairwoman Capito. Mr. Carney? Mr. Carney. Thanks, Madam Chairwoman. First, let me apologize for not being here in the last-- when you made your opening statements. You may have heard the questions that I asked the Governor earlier about the cost--and we have been having some discussion about that. I am just glancing through the testimony that was provided in writing. I am interested in the banker's view of those costs and if there are things that you don't take into consideration or allowed allowable cost because presumably that will be in the--part of the comment record and maybe you have already submitted that, but could you summarize that for me, I guess, Mr. Kemper? Mr. Kemper. Yes. I would be glad to comment on that. First of all, when you step back--and I said that in my testimony, when you look at all of the social costs, debit is lower than any other form of payment. And so, we talked about facts. There are facts on that. I mentioned in my opening statement that--and we talked about with Governor Raskin that the Feds have really been putting a box on this because of the language in Dodd-Frank on how narrowly they can interpret what the costs are. It is basically just the marginal electronic and clearing costs. The other cost, we talked about fraud, and we paid millions of dollars in fraud cost. That is a real cost. Our call center, our 24/7 call center where we have 120 people, we have people call up all the time about entries on their checking accounts. They are doing far more debit transactions. And they are checks or other forms of payments. So how do you allocate that? We have to have systems for their payment system. Periodic statements were required and we spend millions of dollars sending our customers statements every month. It is very difficult. And I think the whole--and there are a lot of frauds. First of all, price fixing on an unprecedented scale is very scary to me. But, secondly, telling businesses that they can only price a product, our most popular consumer product, at marginal cost just doesn't make any sense. And it was very narrowly defined by the Fed. So they are hamstrung on this. And so if we talk about it, then it gets very important that we step back from this and have a full debate like we are having today and really get the cost right because I think--I have a lot of merchants who are very good customers of mine. We want a fair deal just like the merchants want a fair deal. Mr. Carney. The second question I had this morning was the effect on consumers. I didn't really have enough time to pursue it. Could you outline what you think the effects will be on your customers, I guess, and other fees that you might otherwise have to--and you might now have to charge? Mr. Kantor. In aggregate, it is $14 billion. As I mentioned, it is 16 percent of bank-- Mr. Carney. $14 billion is-- Mr. Kantor. $14 billion is just taking that $0.44. And cutting it--I think Josh mentioned 12, but it is somewhere in between that. I am going from $0.44 to $0.07 and $0.12 cents. And, basically, that is the transfer from the banks to the retailers. Now, whether or not they lower cost, who knows? Mr. Carney. But that is in a nutshell what we are talking about in terms of-- Mr. Kantor. Yes. And as I mentioned in my opening testimony, that would move our basic checking account where we have a full cost of profit of maybe 13 percent to a loss of probably 10 or 12 percent on every checking account and so we are going to have to recapture. And, also, we really haven't talked about it today. But, certainly, people are going to fall out of the banking system on this. And I have talked to Congressman Clay, who is my Congressman from St. Louis. There are big issues on this about the banking system has worked very well and you don't-- you want to keep people in the banking system because the alternative is not good. Mr. Carney. One of the things we have tried to look hard to do in Delaware, and I am sure others have as well, is to try to get people who aren't banks, if you will, to go to the banks and checking the account fees and all that kind of stuff is a barrier there. And I would not want to see that obviously happen. I mentioned this morning that some of the regulations with the court act have had taken away some other revenue sources for--on the credit card side. And so it is just really a question of what the ultimate impact is going to be on the consumer with this. Again, I apologize for not being here earlier to hear your testimony. I had to go out. And I will read it carefully. Thanks very much for-- Mr. Michael. Representative, may I say something? Mr. Carney. Yes, you may, please. Mr. Michael. On the credit union side, just to let you know, our consumers are our members. And as interchange rates are dropped, this is going to be a direct transfer from our members to the merchants. So that will--they will have to make that up some way through some other sources-- Mr. Carney. What is the estimated loss for the credit unions? Mr. Michael. Again, what we are figuring right now that it is going to be fairly substantial, about $1.1 billion a year. They will be transferred to merchants. And I don't have a guarantee that the merchants are going to take and give that money back to my members. Mr. Carney. Thank you. Mr. Kantor. Yes, if I could? Mr. Carney. No, you can't. [laughter] Sorry, I am just a freshman. I don't mess with the Chair. Chairwoman Capito. You are a good man. Mr. Canseco? Mr. Canseco. Thank you, Madam Chairwoman. The Federal Reserve Board has proposed these regulations in an effort to implement the interchange fee provisions of the Dodd-Frank Act. Let me ask a simple question, starting with Mr. Kemper. How did the Federal Reserve do in writing this rule, in your opinion? Mr. Kemper. I think the Federal Reserve, as I mentioned, was hamstrung with some very specific language on what they can do on incremental costs, and I think they narrowed. And I have talked to--Missouri is the only State with two Federal Reserve districts. And I know both persons very well and I have talked with them. I think there are a lot of questions on how they came up with what they did and why they didn't include fraud and why it was so narrow. But I think it took a very bad law and made it worse and narrowed it down. And that is--and I think--I listened to Governor Raskin, and I think you asked a lot of good questions about what are the costs that should be in there. And they are not in there. Mr. Canseco. So you don't think that the Federal Reserve did a good job in writing? Mr. Kemper. I think they did a very thorough job, but I think the outcome was not good. And I don't think it is right, either. Mr. Canseco. Thank you, Mr. Kemper. Mr. Kantor? Mr. Kantor. Thank you for that. I think that the Federal Reserve has done a good job and a credible job of writing this rule. It is not everything that we would like it to be, as you heard. I think they have the room and should not have centrally fixed interchange fees, whatsoever, allowed anymore by the banks. But they did a good, credible job going through it. And it is substantial progress that will benefit everyone, in particular, the consumer. And I would know, just with respect to Mr. Carney's comment before, too, it is helpful to look the--in Europe, they took a look at this question when they moved to a 0.2 percent debit interchange, which is a little bit lower than what the Fed proposed, and they found that there is no relationship between the fees that banks charge their customers checking and otherwise in the interchange fee. In fact, if there were, had interchange fees tripled in this country over the last decade, we would have seen bank fees on the consumers fall dramatically. In fact, they didn't--those increased dramatically to the $38 billion in overdraft just to take one example. Mr. Canseco. So they did well, Mr. Kantor? Mr. Kantor. But I think they did well. Mr. Canseco. And, Mr. Michael? Mr. Michael. I think that, again, they have been hamstrung. And they had some options where they could have--have made some decisions, for example, enforcing--or requiring an enforcement of the two-tier system could be something they could have done, but they have decided not to do that. I think there are issues in the definition of the cost. It is not an incremental cost. It is really an operational cost and it all has to be allocated out. But my operational costs are not being surged for the process. The final thing I am going to say is they have acknowledged that the small--the exempt institutions will be dragged in. They said that is a reality of what is going to happen. But they haven't surveyed it. They haven't determined what our costs are and included those as part of their determination. Mr. Canseco. Thank you. And, Mr. Floum? Mr. Floum. Congressman, I think the Fed did not have enough time and so it could not and did not do a thorough enough job. They didn't consider all of the costs. They didn't survey the small financial institutions. And they didn't include all of the costs that even the narrow statute should have allowed them to include such as fraud cost, such as network fees, such as fixed costs, the investment cost to keep the infrastructure safe, sound, and secure. Mr. Canseco. Thank you, sir. Mr. Prentzas? Mr. Prentzas. I believe that the Federal Reserve is now doing a proper job. Like I said, there might be more that has to be done, but we are heading in the right direction. The only comment I just want to make so maybe we could get a down-curve grasp on this problem coming from a small business. If you have 2 flower shops within a 50-mile radius, those 2 flower shops could basically set their own prices. But, now, if you allow four other flower shops to come into that area, there is going to be competition. Who benefits at the end of the day? The consumer. This is what could happen here. If they allow the competition to exist, where not two banks decide what these interchange fees are, that, at the end of the day, it is the consumer and the retailer who will benefit, including the banks. Mr. Canseco. Thank you, Mr. Prentzas. Mr. Seltzer--because we are running out of time. Mr. Seltzer. Sure. I think the Fed has, from our perspective, gone through a very thorough process. I know that we have spent considerable time answering their questions in the fall as did banks and other institutions. So from our perspective, they have done a very thorough job. And there were things that--we think the actual cost of the transaction is a bit lower than where the Fed came out. So we think the rates could be lower, but at the end of the day, we will trust the process and, in any event, we think that the merchants and consumers in particular will benefit from their actions. Mr. Canseco. And just a very short follow-up question, if I may, Madam Chairwoman? If the Dodd-Frank bill was presumably inactive or cobbled together in order to try to and pull back our economy from the brink, were interchange fees a root cause of the financial crisis? Mr. Floum. No. No, they weren't, Congressman. They had nothing to do with the financial crisis. And, in fact, they are an engine for growth. Mr. Canseco. Yes. Dodd-Frank was supposed to be about protecting consumers. And the Durbin Amendment, unfortunately, will have the opposite effect by harming consumers. So it really was rushed and has no place as a part of a consumer protection bill. Mr. Kantor. And we would not surprisingly perhaps disagree. The interchange fees in fact said some--lacks the underwriting standards on credit cards system that will in fact be a terrible problem. Mr. Canseco. Thank you, gentlemen, very much. Chairwoman Capito. Thank you. Mr. Watt? Mr. Watt. Thank you, Madam Chairwoman. And I am going to confess to being old school. I don't use debit cards. Just a fact of life--I am behind the times. I want to ask a couple of questions here about--Mr. Michael, let me start with you because I met with local credit union people last week. I think only two, Credit Unions National--exempt. Is that correct? Mr. Michael. Yes, that is correct. Mr. Watt. Okay, but the argument was that, ultimately, even being non-exempt was not necessarily a good thing because the fees get set so low for the exempt institutions, for the ones who are covered, then the folks will flock to them because of those lower fees. And so they seem to be now rethinking the proposition and thinking that they may be ought to have been covered. What is your--this is not a trick question. I am just trying to find out. Mr. Michael. Yes. Basically, the intent of Congress--and we thank you for trying to keep us out of this battle to begin with--was to keep small institutions out of this interchange. Mr. Watt. I understand that. Mr. Michael. But the reality is because of the routing provisions that are in there and market forces, it will drive costs down to the lowest common denominator-- Mr. Watt. Okay. Mr. Michael. --and yank them up on the other side. So I am going to see what I received on interchange income drop to what the largest institutions have. Mr. Watt. Okay. I want to go to Mr. Floum because I couldn't figure out why Visa is here. Visa doesn't issue debit cards. And so I have to stay--you have the network, I understand, or one of the networks. Is that your Visa's involvement in this debate? Mr. Floum. Yes, Congressman. We are the technology platforms, so we operate the network that makes the banks able to talk to one another. Mr. Watt. Okay. And how many competitors are there in that space? Mr. Floum. There are many competitors in that space. Mr. Watt. Okay. And how do you get paid for providing that service to banks and whomever uses it? Mr. Floum. We charge fees to the issuing banks and to the merchant banks. We do not charge fees to merchants or cardholders. Mr. Watt. So your network is a convenience to them also, is it not? It is a convenience to the banks, but it is not a convenience to the cardholders-- Mr. Floum. Yes, it is. Mr. Watt. --and to the merchants? Mr. Floum. It is, sir. The merchants and the cardholders are end users of the platform that we provide. And this is an important point. I have heard a lot about the uniform interchange fee being-- Mr. Watt. I don't mean to disturb you. I am just trying to--in short, I am trying to understand how this works. As you provide a network, what part of this fee are you getting for providing the network as opposed to the financial institution that ultimately has the account and the debit is being debited against? What part of it goes to them? Mr. Floum. Of the interchange fee, which is the subject of the Durbin Amendment, the networks get nothing, no part of it. Separately, we do charge a fraction of a percent fee to the issuing bank and the acquiring bank. That is how we make our revenue. But, obviously, we are very interested in the health of the debit card program because we are in the business of facilitating that program. Mr. Watt. And if somebody defrauds the system, is it the network that is defrauded or is it the financial institution that is defrauded? If somebody hacks into the system-- Mr. Floum. Let me give you some examples. Mr. Watt. No. No, I am just trying to find out, who loses? Mr. Floum. The issuers lose. They would bear the financial responsibility, unfortunately. The breaches have occurred at merchants--T.J. Maxx, Hannaford, and others who have stored data in ways that could have been more secure. So there is fraud directed at Visa, but it has never penetrated our network. The problem has been with third parties, but the issuers bear the responsibility. And that is part of-- Mr. Floum. They are compensated by interchange. Mr. Watt. Okay. So that is the fraud costs that the Fed should be taking into account, is that what you are saying? Mr. Floum. Correct. Fraud losses and fraud prevention costs. Mr. Watt. Even though it didn't go to your network? It goes to them? Mr. Floum. Yes. And the interchange fee we are talking about is a revenue to issuers, correct? Mr. Watt. Thank you. Mr. Floum. Thank you. Chairwoman Capito. Thank you. Mr. Luetkemeyer? Mr. Luetkemeyer. Thank you, Madam Chairwoman. Mr. Kemper, I know a while ago Mr. Kantor made statements to the effect that there is no correlation between bank fees and interchange fees. Would you like to jump in on that discussion to represent the banks, on how you structure your fees and how you charge interchange fees? Mr. Kemper. We look at our payment system and our payment account as one account that we priced. And there are a lot of different components in that. People write checks. People use credit cards. People use their debit cards. And so we take all of those into account and we look at what--just like any business would look at--we would look at what our revenue is and what our cost is and we will price that accordingly. The system has worked brilliantly. And I think that is what--everybody has benefited from this. When you go to a fast food place now, they take debit cards, they take credit cards. That wasn't true 5 years ago. When you were on an airplane, they wouldn't accept credit and debit cards. The merchants want to take it, the airlines want to take it because they don't want to handle checks and they don't want to handle cash. We see that. So we like--the idea that you can strip out this marginal cost on one component of payment systems to me just doesn't make any sense because it is all wrapped together. We have to support all of the--we have to support our call center. We have to work with Visa. We have to support security. All of those things flow together for our payment accounts. So we factor all of that together in trying to carve out one area and price it at marginal cost. It is just not the way business is done in this country. Mr. Luetkemeyer. If this price structure goes forward, what are you going to do? What are you going to reprice? How are you going to reprice your products or all of your products or just the debit cards to make up for lost income, to continue to provide the service? Are you going to continue to provide the service? Mr. Kemper. It is a very competitive world out there. And there is PayPal, there are all kinds of non-bank kinds of accounts. So the market will dictate how we can price up. But there are 7500 banks in this country and they compete very vigorously. So, sure, if we are going to lose tens of millions of dollars of revenue and we are going to start losing as I mentioned on every checking as a whole, we will price that up. So costs go up to consumers. But the debit card now is paid for by users. And, in fact, as you use it, it is a user fee as opposed to spreading it out. I think it is a very fair way to do it. But I guess the bottom line answer is fees will go up significantly to consumers to-- the market will allow us. That is the way a free market system works. Mr. Luetkemeyer. Mr. Michael, you indicated that all of your members are consumers? Mr. Michael. That is correct. Mr. Luetkemeyer. And, therefore, this is going to be a direct charge back to them. Have you looked at your model yet to see what is--how much it is going to cost? Or how you are going to approach this? Are you going to continue to provide debit card service? Are you going to pull it out of the system of services you provider? How are you going to approach this? Mr. Michael. First off, I need to, again, let you know that we don't cover our cost with interchange. I have to charge-- currently $0.25 in these transactions to help cover the cost of processes and transactions, and I still lose money. Going forward, the issue is going to be I will have to either adjust that price or find other locations and my financial institution to do that. But I have a narrow range of products, and larger financial institutions could take that cost and past it off to another area. I can only basically add it back into my deposit products such as my checking accounts either through fees or through incremental fees on the debit card transactions or checking account fees. Other institutions will be able to go other directions with it. Ultimately, in the end, if my fees get to be too high, I will not be competitive in the marketplace and I will lose members who will go to other financial institutions because they will be able to get those products cheaper. Mr. Luetkemeyer. Okay. A while ago, Mr. Floum, you indicated that you had some data with regards to the cost per transaction of cash, credit cards, and debit cards. Off the top of your head, do you have the information just roughly which one of those cost would be what your research shows? Mr. Floum. I would be happy to provide that. I believe that one bank executive has said that cost of cash ranges 79, 80 basis points. The cost of verified checks is 1.35 basis points. But we can get you that information. And that doesn't include fully-loaded cost, as Mr. Kemper said. If you look at the--cost to all participants, cash and checks have even higher cost. Mr. Seltzer. And I could tell you for 7-Eleven, the cash costs are about 20 or 25 basis points. So the debit is on the order of 8 times more expensive for us than accepting cash, including the bank service charge that we incur on depositing cash-- Mr. Luetkemeyer. What is your--on checks, etc.? What is your cost on checks? Mr. Seltzer. I don't know that one-- Mr. Luetkemeyer. And, now, and when--those checks, I am not talking about the cost just to handle checks. I am talking about the losses you incur on taking bad checks as well. Mr. Seltzer. Less than 1 percent. Mr. Luetkemeyer. One percent of the cost of the transaction? Mr. Seltzer. Of the transaction as compared to 2 percent plus on a debit transaction. Mr. Luetkemeyer. Okay, very good. Thank you, Madam Chairwoman. Chairwoman Capito. Thank you. Mr. Clay? Mr. Clay. Thank you, Madam Chairwoman. Let me thank you and the ranking member for allowing me to sit in on this hearing today. I find it quite interesting. And I also want to take this opportunity to welcome my constituent, Mr. David Kemper, here who is a pillar of our community. He has been in business for a long time. And in the interest of full disclosure, I am a customer of the bank. Let me also say that there are other benefits to debit cards. In my case, I have a 16-year-old daughter, and I utilize the card to teach her the principles of banking. It is very important for young people, especially those who think money grows on trees. So it helps me with that. And all of you appear to be a reasonable business group. I know that this is driven by profit margins. But starting on this end of the table, have you all--have the opposing sides attempted to sit down outside of the Federal Reserve to try to resolve this issue, and then be able to come forward with a reasonable solution to offer up to the Federal Reserve? Has anyone? I will start with you, Mr. Prentzas. Go ahead. Mr. Prentzas. Okay. Thank you for the question. On my level, at the small business level, no, the only thing I could tell you is when I did call my local bank that handles my accounts, they basically told me that they don't control the interchange fees. They really can't do anything about that. Mr. Clay. Mr. Michael? Mr. Michael. I am certain that there are conversations that have occurred. But I have to be honest with you; I wouldn't have been privy to those. I am just too small to be included. Mr. Clay. Mr. Kemper? Mr. Kemper. I think you want to have the market determine the price. I think we would all agree on that. I think we would debate about whether or not there is enough competition, but I just go back to--I have a lot of merchants who are very good customers. Everybody has benefited from the program and we have a real danger here if we don't do something, that the train is going to go off the track here. So I would just urge Congress to step back and really examine a lot of the issues that have been brought up today. Mr. Clay. Mr. Kantor, would you be willing to go outside of the Federal Reserve and be able to offer up a solution that both sides could agree to? Mr. Kantor. We have many merchants in our coalition who have tried to do that and then rejected both on fees on different legislative and policy proposals in the past and unfortunately, we have been rebuffed in any case. We are always open to talking about good policy proposals here because we see this as a broken market demonstrably so, that needs fixing and the debit card piece is just the first step. Credit card fees are even higher and much needs to be done there as well. We are quite open to those conversations at any time. Mr. Clay. Mr. Floum, any position on-- Mr. Floum. Actually, we are very happy to negotiate. In fact, we have negotiated customized agreements with thousands of merchants. We tried with 7-Eleven. We were unable to get to an agreement, but that is the way it ought to work, though negotiation, through free market rather than through government intervention and price controls. Mr. Clay. Thank you for your response. Mr. Seltzer? Mr. Seltzer. Sure. We have great relationships with a lot of banks that we do business with in many other areas of our business. We have gone to all the major banks before that we do business with and we have asked them, can we have the discussion with them regarding interchange. The banks that are the beneficiaries, the direct beneficiaries of interchange, say they can't talk to us about it, that all of that goes through Visa and MasterCard. So the banks won't have the dialogue about it. With Visa and MasterCard, our experience has been that we have not been able to have a meaningful, constructive dialogue with them regarding these fees. Mr. Clay. We know that fee increases will be passed on to consumers ultimately. Mr. Michael and Mr. Kemper, what do you estimate will happen to your customers as far those who still want to use debit cards? Mr. Kemper. Estimates and a number of people have said this is that perhaps 5 percent of banking customers will fall out of the system as banks raise prices. I don't know. It probably won't be that magnitude to us--it would be tens of thousands because we have 700,000 checking accounts. And the cost of going outside the banking system, there is an article I will send you that was done by Candice Troy who is an A.P. personal financial writer and she said, ``What would it cost me if I couldn't work with the banks?'' So she wrote this article last October and she did it for a month and it cost her $93, primarily cashing checks, getting prepaid debit cards which they charge per item $1. And $93, that is $1,100 a year-- $1,100 and we figure that our cost, we are making about $260, so it is a real danger when people go outside the banking systems. Mr. Clay. Thank you all so much. I yield back. Chairwoman Capito. Thank you. Mr. Hensarling? Mr. Hensarling. Thank you, Madam Chairwoman. To the panel, I heard your testimony. I had to step out for much of the Q&A, so I may be plowing some old ground here. I apologize about that. Like many other members, I have heard from a number of financial institutions in my State and in my district, particularly dealing with the small financial institution exclusion. I have heard from the First Financial Bank in Hartford, Texas, and they tell me economic forces are going to force their institution to adapt the same price level as the large institutions. And since the proposal doesn't permit their bank to cover the cost of providing debit card transactions, they will be forced to implement new service charges and other fees on checking accounts. I hear from First State Bank of Athens, Texas, who say that if the formula applied to their bank caused the result in revenues, it would not even cover switch and transaction cost, much less cost to issue the cards, administer them, and cover fraud losses. I heard from Austin Bank, also in my district, ``We expect a 70 percent reduction in our interchange fees which will reduce our income by 14.74 percent. If net income is reduced, so is our capital growth. That leads to less lending by banks.'' So, Mr. Kemper, you are representing a number of the banks here today. Why aren't these small financial institutions convinced that they are going to be protected? And they certainly don't seem to believe the consumer is going to be protected. Mr. Kemper. As I mentioned in my opening remarks, and I think Mr. Michael has mentioned it too, that whenever you have a low-cost alternative, they are going to take market share. I think that is why the small banks don't think exemption will work their way. Chairman Bernanke commented on that this morning. I think that this will hasten the consolidation in the industry and of the community banks that are most at risk. And we see this all the time. I said, we are a Main Street bank. We have banks in Poplar Buff, Missouri; Hannibal, Missouri--Illinois. And our profitability relates directly to how big the community is. The smaller the community, the less profitable it is. It is a simpler kind of model, the community bank model. They are much more dependent on this kind of payment stream. So they are going to suffer proportionally more because they are not in other businesses. Mr. Hensarling. Mr. Seltzer, in your testimony, you said there was a ``lack of a properly functioning market mechanism'', speaking of the payment card network. Do you view there to be a legal barrier to entry in the payment card network market? Mr. Seltzer. By that, I meant that--we have never seen another product like this. Mr. Hensarling. But, no, I am just asking the question. Does your firm believe there is a legal barrier to entry into this market? Yes, no, maybe? Mr. Seltzer. No. There is a practical barrier. Mr. Hensarling. Okay, a practical barrier. Do you view it as a natural monopoly? Do you have an opinion on the matter? Mr. Seltzer. No. Mr. Hensarling. We now have a rule, okay, so if we don't necessarily have a natural monopoly, if we don't have legal barriers to entry, I am not totally unsympathetic here. I take you at your word as your testimony. This is very high cost for you. I understand that, but I happen to patronize one of your establishments in Lakewood, Texas. I have two small children. They are thirsty. They drink a lot of milk. So my first question is, we hear to some extent about the benefits that can be derived here. If Congress does not act to delay this for further study, when the Federal Reserve rule is implemented, if I go to the 7-Eleven in Lakewood, Texas, in the Lakewood neighborhood of Dallas, Texas, can I expect a gallon of milk to drop in price? Can I expect a gallon of gas to drop in price? Is the DVD from the Redbox machine you have in front of your store going to drop in price? Mr. Seltzer. I think when this goes forward, you are going to see competition in every retail merchant. We compete every day on gas prices. You mentioned gas prices. So my competitor across the street-- Mr. Hensarling. So maybe, maybe not. Mr. Seltzer. I either have to drop the price-- Mr. Hensarling. I expect you don't know the answer to the question, but I want to make a point here. The question is, do you know what the incremental cost is of producing a Slurpee? Mr. Seltzer. Yes. Mr. Hensarling. What is it? Mr. Seltzer. I don't know specifically-- Mr. Hensarling. I just wonder how 7-Eleven would feel if the Federal Reserve came in with a rule that said you can only recover the incremental cost of selling a Slurpee. My guess is, the ice and the fruit flavor don't cost a whole lot, but you have a lot of fixed cost. My time has expired, but I think you get the point. Thank you, Madam Chairwoman. Chairwoman Capito. Mr. Welch? Mr. Welch. Thank you very much. It has been informative for me to listen to everybody because I go back to the basic proposition that the debit cards and the credit cards are really essential for commerce. They are incredibly important to the merchants. They are incredibly important for the customers. I have a Rewards Card and I am very happy that the cost of my trip to Disneyworld is paid for by the merchants of America because that does get passed on to them. But here is the question, there are impacts of this legislation. Cost will be shifted. But what might be good, it is good if we have banks making solid returns so that they can do the work that they do that is so important in our communities. But it is not great if you have this uncontrollable expense and you are a merchant. You have a floral shop. You have a 7-Eleven. And the question really is about what is fair and how do we get fair pricing in this? Let me ask you, Mr. Kemper. Your bank does have a tremendous reputation. You have done a lot of great work in the community and you have a Congressman for a customer who is not complaining. But if the Fed did take the time you think they need to take, and they included what you fairly thought was a fair consideration of the cost, would you accept their authority to then make this recommendation as to what was reasonable and proportionate? Mr. Kemper. I wish I had Ayn Rand up here. But I would say that the idea of government fixing prices is not the way the system works. Mr. Welch. Right. So, no, I can understand it. Mr. Hensarling made that point, in fact, I think, quite effectively. But so, what I am trying to find out is whether this call for delay is really just another polite way of saying you just don't want it done. Mr. Kemper. No. I don't think it is good public policy. Mr. Welch. Right. Mr. Kemper. But having said that, I think the box that the last Congress put the Fed in is a very tight, little box and I think the Fed made it even smaller. Mr. Welch. Right. Mr. Kemper. And I think that the idea--if you are really going to price based on marginal cost which you shouldn't, you have to look at all the costs. Mr. Welch. No. I am sorry. I hear you on that. Mr. Kemper. Okay. Mr. Welch. And whether it is a Slurpee or a debit charge, you are going to be concerned about it. But the dispute that we have here is whether there really is the market setting the price on the debit and on the credit card transactions. That is really the question. If Mr. Prentzas wanted to get a better deal on his Visa charges, Mr. Floum, could he call you up and do it? He is right here. Mr. Floum. Yes. In fact, the last hearing when that Rotten Robbie was here from the gas stations, I told him that we would be happy to negotiate with any merchant. Mr. Welch. Okay. I have talked to literally hundreds of merchants in Vermont and they tell me that is not the case. Mr. Prentzas, tell me. He is offering a good deal here. Mr. Floum. I am happy to give you my card and I would invite you to call me after the hearing. Mr. Welch. Let's get real here. That sounds good, to maybe--with Wal-Mart, but Mr. Prentzas, have you had any success trying to get-- Mr. Prentzas. I shop around to get the best rates out there. And basically, every time I turn to a bank, they just-- the bank tells me that interchange fees are set. They have no control over them. It is something that Visa and MasterCard control. Mr. Kantor. If I could-- Mr. Welch. Mr. Kantor? Mr. Kantor. Congressman, thank you, and thank you for your tireless work on this issue over time. That has been tremendous in terms of advocacy for small businesses. What we have heard from businesses all across the country is in fact that the answer is ``no.'' They can't negotiate with the banks because the banks all charge the same thing and won't depart from that. And, no, they can't negotiate with the card networks either. And, in fact, Mr. Floum made his offer to Tom Robinson when he was here a few years ago. Tom Robinson followed up on that and he was presented with a gag order that he had to sign which would have prevented him from talking to Members of Congress about this issue in the future if--as a first step before he could ever negotiate. A similar thing happened before when Senator Arlen Specter's office had this conversation and folks from MasterCard made a similar offer to folks from Giant Eagle. And Giant Eagle-- Mr. Welch. I get the point. Mr. Kantor. I answered them with ``no.'' Mr. Welch. If you could sit down and work something out, that would be great. There is a lot at stake for American businesses despite of--I have had great relations with my credit unions, but we don't see to eye-to-eye on this one. And I would say this to the community bankers, if you guys were in charge, we never would have had the Wall Street meltdown. Mr. Michael. Can I make a quick comment here on this? Mr. Welch. Sure. Mr. Michael. I think that this law is bad public policy, and I think the rules are bad public policy. And, the rules are going to go in effect unless you as Congress go stand up and say, ``We need to intervene and stop this for the time being. We need to delay. We need to go back and take a look at this rule.'' Mr. Welch. But I will ask the same question I asked Mr. Kemper. Thank you. Chairwoman Capito. Mr. Duffy? Mr. Duffy. Thank you, Madam Chairwoman. I appreciate you all coming in and testifying and sitting so nicely together. I understand the concerns. I have heard from--as every district--we have a lot of merchants in my district and my community and I understand the problem that they convey to me that they face with the interchange fees. But I do have this overwhelming concern about the government stepping in and fixing prices. And, I guess, Mr. Floum, to you, with regard to Visa, was this debit card philosophy developed by Visa? Mr. Floum. We had a great hand in pioneering the debit category and growing that category including the technology platforms needed to deliver instantaneous guaranteed transactions. Mr. Duffy. And what did it cost Visa, $100,000, $200,00? Mr. Floum. Congressman, over the years, billions and billions and if you include the--tens of billions. Mr. Duffy. Okay, fair enough. Are you familiar with Mr. Kantor's organization? Mr. Floum. Yes, very well. Mr. Duffy. Okay, part of a lawsuit, challenging-- Mr. Floum. Sure. Mr. Duffy. Okay. And were his clients investors in those billions of dollars that Visa spent to develop this technology? Mr. Floum. No, they were not. Mr. Duffy. So you took the risk. You innovated the product. And now, Mr. Kantor's clients enjoy that product. Is that right? Mr. Floum. Yes, sir. Mr. Duffy. And is it fair to say by way of Visa that sales have gone up for merchants who use this Visa product? Mr. Floum. Without a doubt. Mr. Duffy. So they sell more, is that right? Mr. Floum. Yes, sir. Mr. Duffy. Which would mean they would probably make more money. Mr. Floum. They make more money out of it. Mr. Duffy. Okay. Mr. Kantor, you and your folks say there is not enough competition in this market. Is that right? Mr. Kantor. That is correct. There is price fixing now. Mr. Duffy. But is it fair to say that your clients can use cash? Mr. Kantor. Can they use cash? Sure. Mr. Duffy. Yes. And they can use checks as well, right? Mr. Kantor. Sure. Mr. Duffy. So there are three methods of payment that your clients can choose to use if they so wish, right? Mr. Kantor. There are many methods of payment, yes. The problem is-- Mr. Duffy. --these are the Visa products, yes? Mr. Kantor. Visa is one product, they have credit and debit, but there is no competition among different cards and-- Mr. Duffy. But there is competition with the payment method, right? You can accept checks, you can accept cash, or you can accept Visa. Mr. Kantor. Right. Thankfully, that was part of the Durbin Amendment that we could discount based on those differential prices. Mr. Duffy. And so, we are talking about, what is the appropriate charge here, right? Why don't your clients just pass that cost onto the consumers? We will give you a 1.5--we will give you a 2 percent discount if you use cash or check. Mr. Kantor. There are two things. One, consumers are paying these fees right now in the form of higher prices. Mr. Duffy. But they don't see them, right? Mr. Kantor. They don't see them, which is-- Mr. Duffy. So why don't you let them see the fees, pass it on to them? Mr. Kantor. We have started doing that. Since the Durbin Amendment passed, there has been actually a large uptick in cash discount, particularly, at gasoline stations and some restaurants. Mr. Duffy. And then-- Mr. Kantor. Visa has been quite aggressive about pushing them not to do that-- Mr. Duffy. But what exactly is the answer to say, ``Listen. Let's expose these fees and let the consumer decide whether they want to use a credit card, check or cash.'' Mr. Kantor. It would not though engender competition among different kinds of cards--Visa versus MasterCard versus-- Mr. Duffy. But why is that your concern? You have competition of payment. Mr. Kantor. Because if they don't compete with each other, their only incentive is to keep driving fees up as it has been. Mr. Duffy. But at what point do we say, this is the appropriate role of government. I traveled in a campaign for a very long time, and I like the example of Slurpees, but--and I am a big fan of McDonald's. I ate a lot of it. But, I get a super-sized Coke and what is the cost of a Coke? The water and the sugar and the ice in the cup, $0.20? And they charge $1.50 or $1.80. We should get involved and regulate the price of McDonald's Coke. Is that how far we are going to go? Mr. Kantor. If McDonald has fixed their prices with their competitors, the government not only should, but would get in trouble. Mr. Duffy. I go to Burger King and I go to Taco Bell and they are all the same price. Mr. Kantor. They are competing. They are competing that price down. Mr. Duffy. I don't know. Mr. Kantor. We fixed this. Trust me. Their profit margins wouldn't be 1 percent to 3 percent. They are very well. Mr. Duffy. But it is fair to say, if we look behind the curtain, there are other expenses and costs that feed into the $1.50 or $1.80 supersized Coke that I get. With that, Mr. Kantor, do you think that the Fed has analyzed all the costs that go into the fees that the banks charge or interchange fees that are charged? Mr. Kantor. I think they actually have not because there are a lot of other costs ranging all the way from marginal to semi-fixed that are part of that product. Mr. Duffy. And thank you--one other question. Quickly, Mr. Seltzer. You indicated that with the check guarantee service-- okay, that--what do you guys pay on average for a transaction to your Visa, $0.44, $0.50? Mr. Seltzer. The average debit transaction is about $0.29-- Mr. Duffy. $0.29. And you testified earlier that if you have a check guarantee, you pay about half of that. Is that right? Mr. Seltzer. Sure. Mr. Duffy. So you pay about 14.50 cents if you are going to get a guarantee for a check. Mr. Seltzer. Something on that order. Mr. Duffy. And right now, the maximum you are going to pay with Visa with this new rule is $0.12. Is that right? I yield back. Chairwoman Capito. Thank you for making all of us hungry-- Mr. Duffy. Congressman? Chairwoman Capito. And I would like to go to Mr. Prentzas because he is one of the weigh in on this and he is our bona fide merchant on the panel. So if you could, in 30 seconds, respond to Mr. Duffy. Mr. Prentzas. Yes. Mr. Congressman, you made a comment that let's leave it to the consumer to decide their form of payment. I understand that my type of business, for example, is basically by phone orders and also by the Internet. There is no way I could accept the check or cash. My business depends on somebody using that credit card and debit card. On the other hand, you tell me it is not the place of the government, the Federal Reserve--the government to oversee that this is a billion dollar industry. It affects every single one in this country. And when it doesn't affect everybody and thus cause a billion dollar industry, I believe that the government should be able to oversee what is going on. It has been done in the past and it should be done today. Chairwoman Capito. Thank you. Mr. McHenry? Mr. McHenry. Thank you, Madam Chairwoman, and thank you for your leadership on this subcommittee and congratulations on your subcommittee chairmanship. Most of the great questions have been already asked. And it is tough for me to follow Sean Duffy on anything. Do you want my time, Sean? But in all seriousness, this is a major issue, and Congress was legislating when a lawsuit was ongoing and some of us had some questions about that. But price fixing, this was--Mr. Kantor, to your question here--to your comment, rather. What Sean was saying in terms of $0.99 Cokes at all the fast food restaurants, you could call that price fixing, that is to be litigated by the courts. So in terms of representing your coalition, do you conceptually think that the government setting prices is the right path? Mr. Kantor. What the government should do is get rid of price fixing here and get rid of these fees and that is what this amendment says exactly, if I may-- Mr. McHenry. Reclaiming my time, so in order to eliminate price fixing, we need to have a regulator set the price. Yes or no? Mr. Kantor. Here, we need to have the regulator do something. And we thought they should say no more price fixing zero fees. Set them on your own. They have instead been more generous to the banks and said, ``Oh, charge more than that.'' Okay. Mr. McHenry. We just had testimony from Mr. Seltzer that it costs, in essence, $0.14 for a check and $0.12 for the Fed's regulation for debit. Is that a fair assessment, Mr. Kantor? Mr. Kantor. It is. Unfortunately, that price difference doesn't make up for the fact that Dave Seltzer, Gus Prentzas and merchants like them get charged back for fraud transactions and don't get a payment guarantee. He has bought one on the checks and paid extra for that, debit cards don't give-- Mr. McHenry. Okay. Mr. Kantor. The Fed found that in our numbers-- Mr. McHenry. Let's continue on this question here. And I have had merchants tell me prior to this debate going back a number of years that the cost of cash is a burden on small businesses. If you are--especially 7-Eleven or during a lot of transactions and so sticky fingers, taking money out of the till is--and loss prevention is a cost and so there is a cash cost. And so I just want to better understand that cash cost. This is a complicated issue, but it is hard to get an accurate comparison. Mr. Seltzer, can you discuss that cash cost? Mr. Seltzer. Sure. We calculated this, within the last year or so. And as we calculate the cost of cash, we include all of the bank service charges we incur for depositing that cash and currency. Mr. McHenry. What about losses? Mr. Seltzer. We include losses. Mr. McHenry. --okay. Yes. Mr. Seltzer. And labor and everything else that goes into it. And so at the end of the day, we see our cost of cash being somewhere in the 0.2 percent to 0.25 percent range as we looked at it. Mr. McHenry. Okay--everything. Okay. Mr. Seltzer. That is probably an eighth of what we see for debit cards. Mr. McHenry. So as a merchant, you don't like the deal you are getting with debit, with credit. Okay. Why not simply say no to credit and debit? Mr. Seltzer. We are happy to pay a competitive fee for debit or credit. The challenge we see is that every time we had discussions with any of the networks, the answer we get back-- Mr. McHenry. No. No. Mr. Seltzer. --change rate because we have to compete with the other network. Mr. McHenry. I know. I understand. But, why not simply say no? Mr. Seltzer. We would be out of business. Mr. McHenry. You would be out of business. So there is--the current value that they are producing for your business, debit and credit is providing some value for you and your business. Mr. Seltzer. That is right and if there were a competitive market for this-- Mr. McHenry. Okay. Mr. Seltzer. --and prices were set accordingly with-- Mr. McHenry. True. Okay. Mr. Kantor, are you going to answer? Mr. Kantor. I am very eager. There is a benefit. There are also benefits to the banks because they save on the check processing. What the courts have found is that Visa and MasterCard have market power. And they found that there is not an ability for merchants to say no, because of that market power. Mr. McHenry. Okay. Then, why not come to Congress and look for a legislative fix in order to reduce that market power? It is an untoward market power. Why not get a remedy in courts? It appears that you just didn't like the remedy the courts were offering. And the simple way to do this is to simply have a regulator fix the price. Mr. Floum--yes, my time is wrapping up, so I mean-- Mr. Floum. Yes. They have gone to the courts time and again with this argument that a uniform interchange is price fixing and every time the court has said no, you need to have interchange, a uniform rate. That is what keeps the small merchants, the small banks and low-income individuals in the system. If the banks set the rates themselves, then, sure, some banks and some merchants would do fine, but the little guy would drop out of the system. So let's not confuse the benefits of a uniform interchange rate which the courts have found every single time to be lawful with the kind of price fixing that the government would impose under the Durbin Amendment. Chairwoman Capito. I want to thank everybody on the panel and the visitors for their attention. I think you raised some interesting points. And I will go back to my original statement, a lot of questions at the same time. So I will dismiss this panel and again, thank you, and I apologize for the late start. The Chair notes that some members may have additional questions for this panel which they may wish to submit in writing. Without objection, the hearing record will remain open for 30 days for members to submit written questions to these witnesses and to place their responses in the record. This hearing is adjourned. [Whereupon, at 3:40 p.m., the hearing was adjourned.] A P P E N D I X February 17, 2011
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