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The Federal Reserve Transparency Act of 2015 () was a bill introduced in the U.S. House of Representatives 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
Thomas Massie Thomas Harold Massie (born January 13, 1971) is an American politician and businessman. A member of the Republican Party, Massie has been the United States representative for Kentucky's 4th congressional district since 2012, when he defeated Bi ...
( KY-4). It included proposals for a reformed audit 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 version was introduced by Senator Rand Paul ( R- KY). (). The original version of the bill, (), was proposed by now retired Congressman Ron Paul in response to the 2008 financial crisis 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 version was introduced by Bernie Sanders ( I- VT). (). Ron Paul 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 Barack Obama's presidency. It was composed of the ...
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 chamber of the United States Congress, with the Senate being the upper chamber. Together they ...
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 po ...
.


Purpose

According to its short title, the Federal Reserve Transparency Act of 2009 () would have amended Title 31 of the United States Code "to reform the manner in which the
Board of Governors A board of directors (commonly referred simply as the board) is an executive committee that jointly supervises the activities of an organization, which can be either a for-profit or a nonprofit organization such as a business, nonprofit organi ...
of the Federal Reserve System is audited by the
Comptroller General of the United States The Comptroller General of the United States is the director of the Government Accountability Office (GAO, formerly known as the General Accounting Office), a legislative-branch agency established by Congress in 1921 to ensure the fiscal and man ...
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 b ...
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 territori ...
, 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 The discount window is an instrument of monetary policy (usually controlled by central banks) that allows eligible institutions to borrow money from the central bank, usually on a short-term basis, to meet temporary shortages of liquidity caused by ...
", its funding facilities, its open market operations, 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 Neil Abercrombie (born June 26, 1938) is an American politician who served as the seventh governor of Hawaii from 2010 to 2014. He is a member of the Democratic Party. Born in Buffalo, New York, Abercrombie is a graduate of Union College and th ...
( D- HI),
Michele Bachmann Michele Marie Bachmann (; née Amble; born April 6, 1956) is an American politician who was the United States House of Representatives, U.S. representative for from 2007 until 2015. A member of the Republican Party (United States), Republican ...
( R- MN),
Roscoe Bartlett Roscoe Gardner Bartlett Jr. (born June 3, 1926) is an American politician who was U.S. Representative for , serving from 1993 to 2013. He is a member of the Republican Party and was a member of the Tea Party Caucus. At the end of his tenure in ...
( R- MD),
Paul Broun Paul Collins Broun Jr. (born May 14, 1946) is an American physician and politician who served as the U.S. representative for from 2007 to 2015. He is a member of the Republican Party and was a member of the Tea Party Caucus. Broun unsuccess ...
( 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. Ea ...
( R- IN), Walter B. Jones ( R- NC), Steve Kagen ( D- WI), Ted Poe ( R- TX), Bill Posey ( R- FL),
Denny Rehberg Dennis Ray Rehberg (born October 5, 1955) is an American politician and member of the Republican Party. He served as the Lieutenant Governor of Montana from 1991 to 1997 and as the U.S. representative for from 2001 to 2013. Rehberg was the Repu ...
( 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 me ...
( D- CA). He immediately promoted the bill at the annual
Conservative Political Action Conference The Conservative Political Action Conference (CPAC; ) is an annual political conference attended by conservative activists and elected officials from across the United States and beyond. CPAC is hosted by the American Conservative Union (ACU) ...
(CPAC) on February 27. Paul charges the
Federal Open Market Committee The Federal Open Market Committee (FOMC), a committee within the Federal Reserve System (the Fed), is charged under United States law with overseeing the nation's open market operations (e.g., the Fed's buying and selling of United States Treas ...
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 ( D- OH) became the 218th sponsor as listed at THOMAS.gov 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 Barnett Frank (born March 31, 1940) is a former American politician. He served as a member of the U.S. House of Representatives from Massachusetts from 1981 to 2013. A Democrat, Frank served as chairman of the House Financial Services Committ ...
( 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 ...
( 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 The chair of the Board of Governors of the Federal Reserve System is the head of the Federal Reserve, and is the active executive officer of the Board of Governors of the Federal Reserve System. The chair shall preside at the meetings of the Boa ...
Ben Bernanke,
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 o ...
and others from the Obama administration. Frank declined to vote for the final amendment after proposed changes made by fellow Democrat Melvin Watt representing
North Carolina's 12th congressional district North Carolina's 12th congressional district is a congressional district located in the city of Charlotte and surrounding areas in Mecklenburg County represented by Democrat Alma Adams. Prior to the 2016 elections, it was a gerrymandered distr ...
, 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 ...
hometown
Charlotte Charlotte ( ) is the most populous city in the U.S. state of North Carolina. Located in the Piedmont region, it is the county seat of Mecklenburg County. The population was 874,579 at the 2020 census, making Charlotte the 16th-most populo ...
, 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 Bernie Sanders ( 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 United States Senate Committee on Banking, Housing, and Urban Affairs (formerly the Committee on Banking and Currency), also known as the Senate Banking Committee, has jurisdiction over matters related to banks and banking, price controls, d ...
. The bill had 32 co-sponsors as of 01/28/2010.


Senate Amendment 1367

On July 6, 2009, U.S. Senator
Jim DeMint James Warren DeMint (born September 2, 1951) is an American political advocate, businessman, author, and retired politician who served as a United States Senator from South Carolina and as president of the Heritage Foundation. DeMint is a member ...
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 De ...
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 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 The Coronavirus Aid, Relief, and Economic Security Act, also known as the CARES Act, is a $2.2trillion Stimulus (economics), economic stimulus bill passed by the 116th U.S. Congress and signed into law by President Donald Trump on March 27, ...
provision that allows the Federal Reserve's
Board of Governors A board of directors (commonly referred simply as the board) is an executive committee that jointly supervises the activities of an organization, which can be either a for-profit or a nonprofit organization such as a business, nonprofit organi ...
to conduct meetings without complying with federal open records laws.


Criticism

Senator
Judd Gregg Judd Alan Gregg (born February 14, 1947) is an American politician and lawyer who served as the 76th governor of New Hampshire from 1989 to 1993 and was a United States senator from New Hampshire; in the Senate, Gregg served as chairman of the S ...
called the Paul-Grayson amendment " pandering to populism", 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 ...
, 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. During an episode of the '' Glenn Beck'' program which broadcast April 15 from a rally at the Alamo 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= State , subdivision_name1 = Texas , subdivision_t ...
, 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 Naomi A. Klein (born May 8, 1970) is a Canadian author, social activist, and filmmaker known for her political analyses, support of ecofeminism, organized labour, left-wing politics and criticism of corporate globalization, fascism, ecofascism ...
, labor leaders President Richard Trumka of the
AFL–CIO The American Federation of Labor and Congress of Industrial Organizations (AFL–CIO) is the largest federation of unions in the United States. It is made up of 56 national and international unions, together representing more than 12 million ac ...
, the
SEIU Service Employees International Union (SEIU) is a labor union representing almost 1.9 million workers in over 100 occupations in the United States and Canada. SEIU is focused on organizing workers in three sectors: healthcare (over half of members ...
's President Andy Stern, 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. Headquar ...
's President
Leo Gerard Leo W. Gerard (born 1947) is a retired steelworker and Canadian and American labor leader. He was elected president of the United Steelworkers (USW) in 2001, becoming the second Canadian to head the union. He served in the role until July 2019. H ...
, economists
Dean Baker Dean Baker (born July 13, 1958) is an American macroeconomist who co-founded the Center for Economic and Policy Research (CEPR) with Mark Weisbrot. Baker has been credited as one of the first economists to have identified the 2007–08 United Sta ...
,
James K. Galbraith James Kenneth Galbraith (born January 29, 1952) is an American economist. He is currently a professor at the Lyndon B. Johnson School of Public Affairs and at the Department of Government, University of Texas at Austin. He is also a Senior Schol ...
, Rob Johnson, and professors William K. Black, 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 (CFL) encourages members to petition representatives to cosponsor the Transparency Act. College Republicans at Appalachian State University, staged a
Boston Tea Party The Boston Tea Party was an American political and mercantile protest by the Sons of Liberty in Boston, Massachusetts, on December 16, 1773. The target was the Tea Act of May 10, 1773, which allowed the British East India Company to sell t ...
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''. Ron Paul, Andrew Napolitano, 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 and the Missouri Rivers. In 2020, the city proper had a population of 301,578, while the bi-state metropolitan area, which e ...
(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