Chairman Frank, Ranking Member Bachus, and other members of the
Committee, I am pleased to be here today to discuss financial
regulation and financial stability.
The financial turmoil that began last summer has impeded the ability of
the financial system to perform its normal functions and adversely
affected the broader economy. This experience indicates a clear need
for careful attention to financial regulation and financial stability
by the Congress and other policymakers.
Regulatory authorities have been actively considering the implications
of the turmoil for regulatory policy and for private-sector practices.
In March, the President's Working Group on Financial Markets (PWG)
issued a report and recommendations for addressing the weaknesses
revealed by recent events.1 At the international level, the Financial
Stability Forum has also issued a report and recommendations.2 Between
them, the two reports focused on a number of specific problem areas,
including mortgage lending practices and their oversight, risk
measurement and management at large financial institutions, the
performance of credit rating agencies, accounting and valuation issues,
and issues relating to the clearing and settlement of financial
transactions. Many of the recommendations of these reports were
directed at regulators and the private sector and are already being
implemented. These reports complement the blueprint for regulatory
reform issued by the Treasury in March, which focused on broader
questions of regulatory architecture.3
Work is also ongoing to strengthen the framework for prudential
oversight of financial institutions. Notably, recent events have led
the Basel Committee on Banking Supervision to consider higher capital
charges for such items as certain complex structured credit products,
assets in banks' trading books, and liquidity guarantees provided to
off-balance sheet vehicles. New guidelines for banks' liquidity
management are also being issued. Regarding implementation, the recent
reports have stressed the need for supervisors to insist on strong
risk-measurement and risk-management practices that allow managers to
assess the risks they face on a firmwide basis.
In the remainder of my remarks I will comment briefly on three issues:
the supervisory oversight of primary dealers, including the major
investment banks; the need to strengthen the financial infrastructure;
and the possible need for new tools for facilitating the orderly
liquidation of a systemically important securities firm.4
Prudential Supervision of Investment Banks
Since the near-collapse of The Bear Stearns Companies, Inc., in March,
the Federal Reserve has been working closely with the Securities and
Exchange Commission (SEC), which is the functional supervisor of each
of the primary dealers and the consolidated supervisor of the four
large investment banks, to help ensure that those firms have the
financial strength needed to withstand conditions of extreme market
stress. To formalize our effective working relationship, the SEC and
the Federal Reserve this week agreed to a memorandum of understanding.5
Cooperation between the Fed and the SEC is taking place within the
existing statutory framework with the objective of addressing the
near-term situation. In the longer term, however, legislation may be
needed to provide a more robust framework for the prudential
supervision of investment banks and other large securities dealers. In
particular, under current arrangements, the SEC's oversight of the
holding companies of the major investment banks is based on a voluntary
agreement between the SEC and those firms. Strong holding company
oversight is essential, and thus, in my view, the Congress should
consider requiring consolidated supervision of those firms and
providing the regulator the authority to set standards for capital,
liquidity holdings, and risk management.6 At the same time, reforms in
the oversight of these firms must recognize the distinctive features of
investment banking and take care neither to unduly inhibit innovation
nor to induce a migration of risk-taking activities to less-regulated
or offshore institutions.
Strengthening the Financial Infrastructure
The potential vulnerability of the financial system to the collapse of
Bear Stearns was exacerbated by weaknesses in the infrastructure of
financial markets, notably in the markets for over-the-counter (OTC)
derivatives and in short-term funding markets.
The Federal Reserve, together with other regulators and the private
sector, is engaged in a broad effort to strengthen the financial
infrastructure. For example, since September 2005, the Federal Reserve
Bank of New York has been leading a major joint initiative by both the
public and private sectors to improve arrangements for clearing and
settling credit default swaps and other OTC derivatives. The Federal
Reserve and other authorities also are focusing on enhancing the
resilience of the markets for tri-party repurchase agreements, in which
the primary dealers and other large banks and broker-dealers obtain
very large amounts of secured financing from money funds and other
short-term, risk-averse investors. In these efforts, we aim not only to
make the financial system better able to withstand future shocks but
also to mitigate moral hazard and the problem of "too big to fail," by
reducing the range of circumstances in which systemic stability
concerns might prompt government intervention.
More generally, the stability of the broader financial system requires
key payment and settlement systems to operate smoothly under stress and
to effectively manage counterparty risk. Currently, the Federal Reserve
relies on a patchwork of authorities, largely derived from our role as
a banking supervisor, as well as on moral suasion to help ensure that
the various payment and settlement systems have the necessary
procedures and controls in place to manage the risks they face. By
contrast, many major central banks around the world have an explicit
statutory basis for their oversight of payment and settlement systems.
Because robust payment and settlement systems are vital for financial
stability, the Congress should consider granting the Federal Reserve
explicit oversight authority for systemically important payment and
settlement systems.
Preventing or Mitigating Future Crises
The financial turmoil is ongoing, and our efforts today are
concentrated on helping the financial system return to more normal
functioning. It is not too soon, however, to think about steps that
might be taken to reduce the incidence and severity of future crises.
In particular, in light of the Bear Stearns episode, the Congress may
wish to consider whether new tools are needed for ensuring an orderly
liquidation of a systemically important securities firm that is on the
verge of bankruptcy, together with a more formal process for deciding
when to use those tools. Because the resolution of a failing securities
firm might have fiscal implications, it would be appropriate for the
Treasury to take a leading role in any such process, in consultation
with the firm's regulator and other authorities.
The details of any such tools and of the associated decision making
process require more study. One possible model is the process currently
in place under the Federal Deposit Insurance Corporation Improvement
Act (FDICIA) for dealing with insolvent commercial banks. The FDICIA
procedures give the Federal Deposit Insurance Corporation the authority
to act as a receiver for an insolvent bank and to set up a bridge bank
to facilitate an orderly liquidation of the firm. The FDICIA law also
requires that failing banks be resolved in a way that imposes the least
cost to the government, except when the authorities, through a
well-defined procedure, determine that following the least-cost route
would entail significant systemic risk. To be sure, securities firms
differ significantly from commercial banks in their financing, business
models, and in other ways, so the FDICIA rules are not directly
applicable to these firms. Although designing a resolution regime
appropriate for securities firms would be a complex undertaking, I
believe it would be worth the effort. In particular, by setting a high
bar for such actions, the adverse effects on market discipline could be
minimized.
Thank you. I would be pleased to take your questions