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The Federal Reserve Transparency Act of 2015 () was a bill introduced in the
U.S. House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...
of the
114th United States Congress The 114th United States Congress was a meeting of the legislative branch of the United States of America federal government, composed of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from Jan ...
by
Congressman A Member of Congress (MOC) is a person who has been appointed or elected and inducted into an official body called a congress, typically to represent a particular constituency in a legislature. The term member of parliament (MP) is an equivalen ...
Thomas Massie ( KY-4). It included proposals for a reformed
audit An audit is an "independent examination of financial information of any entity, whether profit oriented or not, irrespective of its size or legal form when such an examination is conducted with a view to express an opinion thereon.” Auditing ...
of the
Federal Reserve System The Federal Reserve System (often shortened to the Federal Reserve, or simply the Fed) is the central banking system of the United States of America. It was created on December 23, 1913, with the enactment of the Federal Reserve Act, after a ...
(the "Fed"). The
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
version was introduced by Senator
Rand Paul Randal Howard Paul (born January 7, 1963) is an American physician and politician serving as the junior U.S. senator from Kentucky since 2011. A member of the Republican Party, he is a son of former three-time presidential candidate and 12 ...
( R- KY). (). The original version of the bill, (), was proposed by now retired
Congressman A Member of Congress (MOC) is a person who has been appointed or elected and inducted into an official body called a congress, typically to represent a particular constituency in a legislature. The term member of parliament (MP) is an equivalen ...
Ron Paul Ronald Ernest Paul (born August 20, 1935) is an American author, activist, physician and retired politician who served as the U.S. representative for Texas's 22nd congressional district from 1976 to 1977 and again from 1979 to 1985, as well ...
in response to the
2008 financial crisis 8 (eight) is the natural number following 7 and preceding 9. In mathematics 8 is: * a composite number, its proper divisors being , , and . It is twice 4 or four times 2. * a power of two, being 2 (two cubed), and is the first number of t ...
during the
111th United States Congress The 111th United States Congress was a meeting of the legislative branch of the United States federal government from January 3, 2009, until January 3, 2011. It began during the last weeks of the George W. Bush administration, with th ...
. The
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
version was introduced by
Bernie Sanders Bernard Sanders (born September8, 1941) is an American politician who has served as the junior United States senator from Vermont since 2007. He was the U.S. representative for the state's at-large congressional district from 1991 to 2007 ...
( I- VT). ().
Ron Paul Ronald Ernest Paul (born August 20, 1935) is an American author, activist, physician and retired politician who served as the U.S. representative for Texas's 22nd congressional district from 1976 to 1977 and again from 1979 to 1985, as well ...
was disappointed with the Senate's version of the bill, stating it "guts the spirit of a truly meaningful audit of the most crucial transactions of the Fed". The bill was subsequently brought up in the
112th United States Congress The 112th United States Congress was a meeting of the legislative branch of the United States federal government, from January 3, 2011, until January 3, 2013. It convened in Washington, D.C. on January 3, 2011, and ended on January 3, 2013, 17 ...
as () / and in the
113th United States Congress The 113th United States Congress was a meeting of the legislative branch of the United States federal government, from January 3, 2013, to January 3, 2015, during the fifth and sixth years of Presidency of Barack Obama, Barack Obama's presiden ...
as ()/. All three previous attempts passed in
United States House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the Lower house, lower chamber of the United States Congress, with the United States Senate, Senate being ...
but died in the
US Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and powe ...
.


Purpose

According to its short title, the Federal Reserve Transparency Act of 2009 () would have amended Title 31 of the
United States Code In the law of the United States, the Code of Laws of the United States of America (variously abbreviated to Code of Laws of the United States, United States Code, U.S. Code, U.S.C., or USC) is the official compilation and codification of the ...
"to reform the manner in which the Board of Governors of the Federal Reserve System is audited by the Comptroller General of the United States and the manner in which such audits are reported". It would have stricken exceptions to the audit protocol in for the
Federal Reserve System The Federal Reserve System (often shortened to the Federal Reserve, or simply the Fed) is the central banking system of the United States of America. It was created on December 23, 1913, with the enactment of the Federal Reserve Act, after a ...
, the
central bank A central bank, reserve bank, or monetary authority is an institution that manages the currency and monetary policy of a country or monetary union, and oversees their commercial banking system. In contrast to a commercial bank, a central ba ...
of the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, and would have replaced an indefinite deadline with a deadline of December 2010. If enacted, the bill would also have ensured that the audit results would be available to Congress. The audit would include the Fed's " discount window", its funding facilities, its
open market operation In macroeconomics, an open market operation (OMO) is an activity by a central bank to give (or take) liquidity in its currency to (or from) a bank or a group of banks. The central bank can either buy or sell government bonds (or other financial as ...
s, and its agreements with foreign bankers. The Board of Governors of the Federal Reserve System has stated that "the financial statements of the Federal Reserve Banks and the Board of Governors are audited annually by an independent outside auditor." The bill's sponsor, Congressman Ron Paul ( R- TX), countered by stating that the present audit process exempts the Fed's "most crucial activities".


Legislative history


House

Representative Paul introduced the bill to the U.S. House of Representatives of the 111th Congress on February 26, 2009, at which point it was referred to the Committee on Financial Services. Its 11 original cosponsors were Neil Abercrombie ( D- HI), Michele Bachmann ( R- MN), Roscoe Bartlett ( R- MD), Paul Broun ( R- GA),
Dan Burton Danny Lee Burton (born June 21, 1938) is an American politician. Burton is the former U.S. Representative for , and previously the , serving from 1983 until 2013. He is a member of the Republican Party and was part of the Tea Party Caucus. Ear ...
( R- IN),
Walter B. Jones Walter Beaman Jones Jr. (February 10, 1943 – February 10, 2019) was an American politician who served twelve terms in the United States House of Representatives as a member of the Republican Party (United States), Republican Party for from 19 ...
( R- NC),
Steve Kagen Steven Leslie Kagen (born December 12, 1949) is an American politician and physician who was the U.S. representative for from 2007 to 2011. He is a member of the Democratic Party. He was defeated in his bid for re-election in 2010 by Reid Ribble ...
( D- WI),
Ted Poe Lloyd Theodore Poe (born September 10, 1948) is an American politician who represented Texas's 2nd congressional district in the United States House of Representatives from 2005 to 2019. Poe was the first Republican to represent the 2nd district. ...
( R- TX),
Bill Posey William Joseph Posey (born December 18, 1947) is an American businessman and politician serving as the U.S. representative for , in Congress since 2009. A member of the Republican Party, he formerly served in the Florida Senate and the Florida ...
( R- FL), Denny Rehberg ( R- MT), and
Lynn Woolsey Lynn C. Woolsey (born November 3, 1937) is an American politician who served as the U.S. representative for from 1993 to 2013. A member of the Democratic Party, her district included all of Marin County and most of Sonoma County. She was a memb ...
( D- CA). He immediately promoted the bill at the annual Conservative Political Action Conference (CPAC) on February 27. Paul charges the Federal Open Market Committee with being "less than transparent" with its secret meetings. In an April 2009 editorial, Paul thanked the Fed for its responsive attempt to enhance transparency and accountability, but called it "window dressing at best, and it's utterly useless at worst".


Progress

As the 111th Congress drew to its close in December 2010, had 320 cosponsors, including all House Republicans, as well as over 100 Democrats, suggesting broad bipartisan support.
Dennis Kucinich Dennis John Kucinich (; born October 8, 1946) is an American politician. A U.S. Representative from Ohio from 1997 to 2013, he was also a candidate for the Democratic nomination for president of the United States in 2004 and 2008. He ran for ...
( D- OH) became the 218th sponsor as listed at
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on June 11; 218 votes are needed to pass any bill in the House, and 290 were needed for a veto-proof majority. Barney Frank ( D- MA), Chairman of the House Committee on Financial Services through which the bill must pass, finally endorsed the bill in August following months of silence. Frank later reversed his position on the bill after the Watt amendment was rejected and Watt's revisions undone by an amendment co-sponsored by Paul and
Alan Grayson Alan Mark Grayson (born March 13, 1958) is an American politician who served as the U.S. representative for from 2009 to 2011 and from 2013 to 2017. A member of the Democratic Party, he was defeated for reelection in 2010 by Republican Daniel W ...
( D- FL).


Amendment to Financial Stability Improvement Act of 2009 (HR 3996)

On November 19, 2009, the Committee on Financial Services approved the Paul-Grayson amendment to the Financial Stability Improvement Act of 2009 (). The amendment includes many provisions of the Federal Reserve Transparency Act, including removing GAO audit restrictions and allowing a more complete audit of the Federal Reserve, including reviewing various policies and agreements with foreign entities. It was passed by in a 43-26 vote, with bipartisan support despite opposition from former supporter and Committee Chairman Barney Frank. The amendment was also opposed by Federal Reserve Chairman
Ben Bernanke Ben Shalom Bernanke ( ; born December 13, 1953) is an American economist who served as the 14th chairman of the Federal Reserve from 2006 to 2014. After leaving the Fed, he was appointed a distinguished fellow at the Brookings Institution. Durin ...
,
Treasury Secretary The United States secretary of the treasury is the head of the United States Department of the Treasury, and is the chief financial officer of the federal government of the United States. The secretary of the treasury serves as the principal a ...
Tim Geithner Timothy Franz Geithner (; born August 18, 1961) is a former American central banker who served as the 75th United States Secretary of the Treasury under President Barack Obama from 2009 to 2013. He was the President of the Federal Reserve Bank of ...
and others from the
Obama administration Barack Obama's tenure as the 44th president of the United States began with his first inauguration on January 20, 2009, and ended on January 20, 2017. A Democrat from Illinois, Obama took office following a decisive victory over Republican ...
. Frank declined to vote for the final amendment after proposed changes made by fellow Democrat
Melvin Watt Melvin Luther Watt (born August 26, 1945) is an American politician who served as director of the Federal Housing Finance Agency from 2014 to 2019. He was appointed by President Barack Obama. He is a former United States House of Representatives, ...
representing
North Carolina's 12th congressional district North Carolina's 12th U.S. House of Representatives, congressional district is a congressional district located in the city of Charlotte and surrounding areas in Mecklenburg County, North Carolina, Mecklenburg County represented by Democrat Alm ...
, which encompasses most of
Bank of America The Bank of America Corporation (often abbreviated BofA or BoA) is an American multinational investment bank and financial services holding company headquartered at the Bank of America Corporate Center in Charlotte, North Carolina. The bank w ...
hometown
Charlotte Charlotte ( ) is the List of municipalities in North Carolina, most populous city in the U.S. state of North Carolina. Located in the Piedmont (United States), Piedmont region, it is the county seat of Mecklenburg County, North Carolina, Meckl ...
, were stripped out in favor of the amendment's original language by the amendment proposed by Paul and Grayson. Watt's proposed version included provisions that allowed audits of the Fed's balance sheet, but not for the monetary policy. Ryan Grim, a contributor for the left-leaning news blog ''
The Huffington Post ''HuffPost'' (formerly ''The Huffington Post'' until 2017 and sometimes abbreviated ''HuffPo'') is an American progressive news website, with localized and international editions. The site offers news, satire, blogs, and original content, and ...
'' suggested Watt's amendment was an attempt to create less transparency than before at the Federal Reserve.


Passage by the House

The Financial Stability Improvement Act was combined, along with several other bills from the same committee, into The Wall Street Reform and Consumer Protection Act of 2009 - Financial Stability Improvement Act of 2009 (). The House passed the new bill on December 11, 2009 on a vote of 223-202. The vote was mostly along party lines, with no Republicans voting for the bill. Paul, objecting to some of the provisions of the combined bill, voted against passage despite the inclusion of the audit provisions he had been proposing for years.


Senate

On March 16, 2009,
U.S. Senator The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and powe ...
Bernie Sanders Bernard Sanders (born September8, 1941) is an American politician who has served as the junior United States senator from Vermont since 2007. He was the U.S. representative for the state's at-large congressional district from 1991 to 2007 ...
( I- VT) introduced the Senate companion version, , the Federal Reserve Sunshine Act of 2009, with the same provisions. This version was then referred to the Committee on Banking, Housing, and Urban Affairs. The bill had 32 co-sponsors as of 01/28/2010.


Senate Amendment 1367

On July 6, 2009, U.S. Senator Jim DeMint attempted to amend HR 2918, the Legislative Branch Appropriations Act by adding the entire text of as Senate Amendment 1367. However, U.S. Senator
Ben Nelson Earl Benjamin Nelson (born May 17, 1941) is an American attorney, businessman, and politician who served as the 37th governor of Nebraska from 1991 to 1999 and as a United States Senator from Nebraska from 2001 to 2013. He is a member of the Demo ...
stopped the amendment by claiming it violated Senate Rule 16, by "legislating" on an appropriations bill. The Senate president agreed, but when challenged by DeMint, admitted that many other
GAO Gao , or Gawgaw/Kawkaw, is a city in Mali and the capital of the Gao Region. The city is located on the River Niger, east-southeast of Timbuktu on the left bank at the junction with the Tilemsi valley. For much of its history Gao was an impor ...
audits in the bill also violated Rule 16, but took no action. The bill passed without further changes.


Related legislation

The two titles for these two versions of the bill are not to be confused with the same two titles (used in reverse) for the two versions of a related bill. The House "Federal Reserve Sunshine Act of 2009" by Paul (), and the Senate "Federal Reserve Transparency Act of 2009" by Sanders (), require the Federal Reserve to publish information on financial assistance provided to various entities during the 2008 bailout. This bill creates a website listing all banks that have borrowed from the Fed since March 24, 2008, and the amount, terms, and "specific rationale" of the loans. Sanders commented, "I have a hard time understanding how you have put $2.2 trillion at risk without making those names available." Fed chair
Ben Bernanke Ben Shalom Bernanke ( ; born December 13, 1953) is an American economist who served as the 14th chairman of the Federal Reserve from 2006 to 2014. After leaving the Fed, he was appointed a distinguished fellow at the Brookings Institution. Durin ...
had told Sanders that publishing the names would make the banks feel stigmatized and potentially reluctant to borrow further. There was also a bill introduced in the 116th Congress called the Federal Reserve Sunshine Act of 2020 by Congressman Mark Green (TN-07). This bill would rescind the CARES Act provision that allows the Federal Reserve's Board of Governors to conduct meetings without complying with federal open records laws.


Criticism

Senator Judd Gregg called the Paul-Grayson amendment " pandering to
populism Populism refers to a range of political stances that emphasize the idea of "the people" and often juxtapose this group against " the elite". It is frequently associated with anti-establishment and anti-political sentiment. The term developed ...
", saying the audit requirements would be detrimental to monetary policy. Gregg added that "It's great PR; you go home and beat up the Fed." "I strongly oppose Audit the Fed," said Federal Reserve chief
Janet Yellen Janet Louise Yellen (born August 13, 1946) is an American economist serving as the 78th United States secretary of the treasury since January 26, 2021. She previously served as the 15th chair of the Federal Reserve from 2014 to 2018. Yellen is t ...
, saying that it would "bring short-term political pressures to bear" on the central bank and dissuade it from making the "hard choices" needed to curb inflation. The central bank's chair, in opposing the idea, said it would "politicize monetary policy."


Advocacy

Support for the Federal Reserve Transparency Act of 2009 was one of the issues raised as part of the nationwide
2009 Tea Party protests The Tea Party protests were a series of protests throughout the United States that began in early 2009. The protests were part of the larger political Tea Party movement. Most Tea Party activities have since been focused on opposing efforts o ...
. During an episode of the ''
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'' program which broadcast April 15 from a rally at
the Alamo The Battle of the Alamo (February 23 – March 6, 1836) was a pivotal event in the Texas Revolution. Following a 13-day siege, Mexican troops under President General Antonio López de Santa Anna reclaimed the Alamo Mission near San Anto ...
in
San Antonio ("Cradle of Freedom") , image_map = , mapsize = 220px , map_caption = Interactive map of San Antonio , subdivision_type = Country , subdivision_name = United States , subdivision_type1= U.S. state, State , subdivision_name1 = Texas , s ...
, Pat Gray interviewed a local supporter of the Transparency Act, drawing cheers from the crowd. Support for the bill has also come from those on the left outside of Congress. In a letter to Chairman Barney Frank of the House Financial Services Committee, Ranking Member Spencer Bachus and its members, several
progressives Progressivism holds that it is possible to improve human societies through political action. As a political movement, progressivism seeks to advance the human condition through social reform based on purported advancements in science, techno ...
such as bloggers
Jane Hamsher Jane Hamsher (born Jane Murphy; July 25, 1959) is a US film producer, author, and blogger best known as the author of ''Killer Instinct'', a memoir about co-producing the 1994 movie ''Natural Born Killers'' with Don Murphy and others, and as the ...
of Firedoglake, Yves Smith of Naked Capitalism, "Tyler Durden" of
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, author Naomi Klein, labor leaders President
Richard Trumka Richard Louis Trumka (July 24, 1949 – August 5, 2021) was an American attorney and organized labor leader. He served as president of the United Mine Workers from 1982 to 1995, and then was secretary-general of the AFL–CIO from 1995 to 2009. ...
of the AFL–CIO, the SEIU's President
Andy Stern Andrew L. Stern (born November 22, 1950) is the former president of the Service Employees International Union, and now serves as its President Emeritus. Stern has been a senior fellow at Georgetown University, Columbia University, and is now a ...
, the
United Steelworkers The United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, commonly known as the United Steelworkers (USW), is a general trade union with members across North America. Headqua ...
's President
Leo Gerard Leo W. Gerard (born 1947) is a retired steelworker and Canada, Canadian and United States, American trade union, labor leader. He was elected president of the United Steelworkers (USW) in 2001, becoming the second Canadian to head the union. He s ...
, economists Dean Baker, James K. Galbraith, Rob Johnson, and professors
William K. Black William Kurt Black (born September 6, 1951) is an American lawyer, academic, author, and a former bank regulator. Black's expertise is in white-collar crime, public finance, regulation, and other topics in law and economics. He developed the conce ...
, Thomas Ferguson, and L. Randall Wray, pushed for passage of the bill and against the adoption of the amendment proposed by Rep. Watt. The advocacy group
Campaign for Liberty The Campaign for Liberty (C4L) is a political organization founded by twelve-term United States Congressman Ron Paul. Campaign for Liberty focuses on educating elected officials and the general public about constitutional issues, and currently ...
(CFL) encourages members to petition representatives to cosponsor the Transparency Act. College Republicans at
Appalachian State University Appalachian State University (; Appalachian, App State, App, or ASU) is a public university in Boone, North Carolina. It was founded as a teachers college in 1899 by brothers B. B. and D. D. Dougherty and the latter's wife, Lillie Shull Dough ...
, staged a Boston Tea Party themed assembly for tax day 2009, to raise awareness for the Transparency Act; the event included wearing white wristbands to symbolize
slavery Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
and mailing tea bags to state representatives. CFL president John Tate promotes the bill in conjunction with dealing with "the silent, destructive tax of monetary inflation", this thought was echoed in the ''
Kansas City Star ''The Kansas City Star'' is a newspaper based in Kansas City, Missouri. Published since 1880, the paper is the recipient of eight Pulitzer Prizes. ''The Star'' is most notable for its influence on the career of President Harry S. Truman and as ...
''. Ron Paul,
Andrew Napolitano Andrew Peter Napolitano (born June 6, 1950) is an American syndicated columnist whose work appears in numerous publications, including ''The Washington Times'' and ''Reason''. He was an analyst for Fox News, commenting on legal news and trials. ...
, and state representative
Jim Guest Jim Guest is an American politician, former aerospace engineer, and former Republican member of the Missouri House of Representatives from District 5. He was first elected to the Missouri House of Representatives in 2002, winning reelection in 20 ...
promoted the bill "at length" at the crowded first CFL regional conference in
St. Louis, Missouri St. Louis () is the second-largest city in Missouri, United States. It sits near the confluence of the Mississippi River, Mississippi and the Missouri Rivers. In 2020, the city proper had a population of 301,578, while the Greater St. Louis, ...
(March 27–29), affirming Americans' "right to know where their tax dollars are going, especially those going to companies from the stimulus package". Pro-gambling group Gambling911.com is also interested in the Transparency Act, as an opportunity to audit the Federal Reserve, and also promoted the CFL "Freedom Celebration" regional conference. Donald Trump while campaigning for the 2016 presidential Republican nomination has stated that he supports Audit the Fed.


See also

* Federal Reserve Board Abolition Act () * Free Competition in Currency Act ()


References


External links


Audit The Fed
- Trans-partisan coalition formed to promoted HR1207/S604.
H.R. 24:Federal Reserve Transparency Act of 2015
Govtrack.us
H.R. 1207:Federal Reserve Transparency Act of 2009
Govtrack.us {{Rand Paul Federal Reserve System Proposed legislation of the 111th United States Congress Proposed legislation of the 112th United States Congress Proposed legislation of the 113th United States Congress Proposed legislation of the 114th United States Congress Proposed legislation of the 115th United States Congress Proposed legislation of the 116th United States Congress Proposed legislation of the 117th United States Congress Ron Paul Rand Paul United States proposed federal government administration legislation