[Congressional Record Volume 160, Number 141 (Tuesday, November 18, 2014)]
[Senate]
[Pages S6096-S6097]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. REED:
S. 2937. A bill to require the president of the Federal Reserve Bank
of New York to be appointed by the President, by and with the advice
and consent of the Senate; to the Committee on Banking, Housing, and
Urban Affairs.
Mr. REED. Mr. President, today I am introducing legislation that
would require the head of the Federal Reserve Bank of New York to be
Presidentially appointed and Senate confirmed.
In 2010, I worked to include similar language in the Senate version
of the Wall Street Reform and Consumer Protection Act, but this
provision was ultimately not included in the final version of this law.
At the time, I noted that, ``if the Governors of the Federal Reserve
System in Washington are required to be confirmed by the Senate, then
the President of the Federal Reserve Bank of New York, who played a
pivotal and perhaps more powerful role in obligating taxpayer dollars
during the financial crisis, should also be subject to the same public
confirmation process.''
As the response to the financial crisis showed, the New York Fed is
unlike any of the other eleven regional Federal Reserve Banks.
For instance, along with the seven Governors of the Federal Reserve
System who each require Senate confirmation, the president of the New
York Fed is not only a permanent member of the Federal Open Market
Committee, FOMC, but also acts as the FOMC's Vice Chairman. This is an
important distinction because the FOMC establishes the Federal Reserve
System's monetary policy, which in the wake of the financial crisis
resulted in the Federal Reserve's balance sheet growing to almost five
times what it was before the crisis in an attempt to reduce long-term
interest rates.
Additionally, the Federal Reserve Bank of New York is solely
responsible for implementing an aspect of monetary policy known as open
market operations through which U.S. Treasury securities are purchased
and sold on a secondary basis to influence the levels of bank reserves.
In other words, this means that the New York Fed is in a position to
pick and choose its counterparties in these secondary market
[[Page S6097]]
transactions, giving significant advantages to one market maker over
another, which raises the potential for conflicts of interest.
Also, the New York Fed is entrusted with protecting the U.S. dollar
in foreign exchange markets.
According to the New York Fed itself, ``though it serves a
geographically small area compared with those of other Federal Reserve
Banks, the New York Fed is the largest Reserve Bank in terms of assets
and volume of activity.'' Indeed, the New York Fed in its regulatory
capacity is not only in charge of supervising some of the largest banks
in the country, but also some of the most active financial
institutions.
While this is not an exhaustive list of the New York Fed's unique
responsibilities, these examples demonstrate the extremely powerful and
pivotal role the New York Fed plays in implementing our Nation's
monetary policy and enforcing our banking laws. As such, we should have
every expectation that the New York Fed has the public interest in mind
to the fullest extent when it conducts its duties.
Unfortunately, these expectations have not been met. Last month, the
Office of Inspector General, OIG, of the Board of Governors of the
Federal Reserve System described the New York Fed's oversight efforts
with respect to one large banking institution that eventually suffered
billions of dollars in trading losses as a ``missed opportunity.'' On
top of this, a report aired in September on the public radio program
``This American Life'' cast doubt on whether changes the New York Fed
made after the financial collapse to address regulatory capture were
sufficient to ensure the New York Fed would be a more proactive banking
regulator and could prevent a future financial disaster.
All of this is disturbing, and it is past time that we add meaningful
layers of accountability in order to prevent another problem from
snowballing into a crisis because of the New York Fed's continued
unwillingness to address potential financial pitfalls in advance.
By subjecting the president of the New York Fed to the confirmation
process, an important check and balance will be added. The Senate will
have a vital opportunity to evaluate whether a nominee has the
experience, character, judgment, and skills to serve effectively as one
of the most powerful banking regulators in the country, if not the
world. In addition, this legislation requires the New York Fed
president to testify before the Senate Banking Committee and the House
Financial Services Committee at least once a year, so that Congress no
longer has to negotiate about whether and when the New York Fed
president will appear before Congress for oversight hearings. Simply
put, this legislation is about holding the New York Fed accountable.
The New York Fed is just too powerful to be left unchecked.
I thank Americans for Financial Reform, Public Citizen, and the AFL-
CIO for their support, and I urge all my colleagues to join me in
moving this legislation forward.
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