[Congressional Record Volume 161, Number 30 (Monday, February 23, 2015)]
[Senate]
[Pages S1032-S1033]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. REED:
S. 530. 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, I am reintroducing legislation that would
require the head of the Federal Reserve Bank of New York to be
appointed by the President and confirmed by the Senate.
In 2010, I worked to include a provision with similar language in the
Senate version of the Wall Street Reform and Consumer Protection Act,
but it was ultimately not included in the final version of this law.
I noted then 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.''
In short, the New York Fed is unlike any of the other 11 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 a permanent member of the Federal Open Market Committee,
FOMC, and also acts as the FOMC's Vice Chairman. This is a significant
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.
Also, the New York Fed 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. This means that the New York Fed
is in a position to pick and choose its counterparties in these
secondary market transactions, giving considerable advantages to one
market maker over another, which raises the potential for conflicts of
interest.
In addition, 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
role 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 a comprehensive list of the New York Fed's special
and distinctive responsibilities, these examples demonstrate the
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 year, the
Office of Inspector General, OIG, of the Board of Governors of the
Federal Reserve System described the New York
[[Page S1033]]
Fed's oversight efforts with respect to one large banking institution
that eventually suffered billions of dollars in trading losses as a
``missed opportunity.'' Additionally, a report aired in September of
last year 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 it would be a
more proactive banking regulator and could prevent a future financial
disaster.
All of this is unsettling, and it is past time that we add meaningful
layers of accountability so that we can be better assured of the New
York Fed's ability 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 an 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. Also,
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 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, the AFL-CIO,
and the Independent Community Bankers of America for their support, and
I urge all my colleagues to join me in moving this legislation forward.
____________________