Powers of Secretary of the Treasury

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John Hermann

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Jun 9, 2017, 12:22:36 AM6/9/17
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More information relating to the United States Code -- a consolidation and codification by subject matter of the general and permanent laws of the United States. It is prepared by the Office of the Law Revision Counsel of the United States House of Representatives. Here is the source of the relevant law relating to the powers of the Secretary of Treasury in relation to those of the Board of Governors of the Federal Reserve that I gave previously (U.S. Code 12).  - John

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section246&num=0&edition=prelim


12 USC 246: Powers of Secretary of the Treasury as affected by chapter (Text contains those laws in effect on June 7, 2017)

 

From Title 12-BANKS AND BANKING 
CHAPTER 3 - FEDERAL RESERVE SYSTEM - SUBCHAPTER II - BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM

 

      §246. Powers of Secretary of the Treasury as affected by chapter

      Nothing in this chapter contained shall be construed as taking away any powers heretofore vested by law in the Secretary of the Treasury which relate to the supervision, management, and control of the Treasury Department and bureaus under such department, and wherever any power vested by this chapter in the Board of Governors of the Federal Reserve System or the Federal reserve agent appears to conflict with the powers of the Secretary of the Treasury, such powers shall be exercised subject to the supervision and control of the Secretary.


(Dec. 23, 1913, ch. 6, §10 (par.), 38 Stat. 261 ; June 3, 1922, ch. 205, 42 Stat. 621 ; Aug. 23, 1935, ch. 614, title II, §203(a), 49 Stat. 704 .)
 

    References in Text

This chapter, referred to in text, was in the original "this Act", meaning act Dec. 23, 1913, ch. 6, 38 Stat. 251 , as amended, known as the Federal Reserve Act. For complete classification of this Act to the Code, see References in Text note set out under section 226 of this title and Tables.

Codification
Section is comprised of sixth par. of section 10 of act Dec. 23, 1913. For classification to this title of other pars. of section 10, see Codification note set out under section 241 of this title.

Change of Name
Section 203(a) of act Aug. 23, 1935, changed name of Federal Reserve Board to Board of Governors of the Federal Reserve System.

John Hermann

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Jun 9, 2017, 1:18:03 AM6/9/17
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I am no lawyer, however this regulation conveys the impression to me
that Treasury is in the driving seat, and that it makes no sense for the Fed
to refuse to cooperate with Treasury on matters of economic policy.  I can
envisage some hypothetical deficit spending scenarios if such cooperation
was not forthcoming. For example, Treasury could sell more securities to
the nonbank private sector than it really needs to accommodate its deficit
spending requirements, whereupon the Fed would have an incentive to
buy securities from the private sector in order to re-establish its control
over short-term interest rates. Whereupon Treasury would have the
option of either doing nothing further or buying back some securities. 
Either way, Treasury would have effectively borrowed from the central
bank.  It might seems a little machiavellian, and I am not saying that this
is likely to happen, just that Treasury has such options available to it in
theory.     - John

lante...@gmail.com

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Jun 9, 2017, 2:50:27 AM6/9/17
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The US Constitution makes it very clear who controls the purse strings..it is Congress.

Signature:    My compliments and best wishes.

John Hermann

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Jun 9, 2017, 4:15:22 AM6/9/17
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Actually, what I wrote here is wrong ..  I was not thinking clearly.  The Fed might
well have an incentive to buy securities from the private sector, but it would not
be in order to establish control of short term interest rates. (i.e. because deficit
spending  via the sale of newly created securities does not change the volume
of reserves within the aggregate banking sector)    - John

John Hermann

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Jun 9, 2017, 4:34:55 AM6/9/17
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On 9/06/2017 4:20 PM, lante...@gmail.com wrote:
The US Constitution makes it very clear who controls the purse strings .. it is Congress.


Signature:    My compliments and best wishes.

Yes true, however the actual spending is done largely through Treasury.  Both Treasury
and the Fed have been granted certain powers by Congress. My main point was that
- as I understand it - even though the Fed is semi autonomous, it is absolutely obliged
to cooperate with Treasury on matters relating to implementation of the government's
economic policy, and that where there are differences in relation to this which cannot
be resolved by discussion and negotiation, the will of the Treasury will ultimately prevail. 
- John






William F Hummel

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Jun 9, 2017, 12:44:29 PM6/9/17
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John,


Any spending by the government requires that the balance in the Treasury’s account at the time be sufficient for that spending to clear. If its balance is too low, the Treasury must borrow from the public or await new tax revenues before it can spend. 


As you noted, aggregate bank reserves would then remain approximately unchanged. Thus the Fed would have no reason to buy Treasuries in the open market, because it would lose control of the Fed funds rate, its primary monetary policy tool. So the Treasury’s only option is to borrow directly from the Fed. But I think Garbade’s paper makes it clear that such borrowing has not been an option since 1981. Before that time the borrowing was limited to a maximum of $4 billion in any time period.


I believe a financial crisis affecting the demand for U.S. treasury securities would cause Congress to waive the law that forbids the Fed from buying them directly. So MMT's claim there is no constraint on government spending also has its limits.


William   

   

John Hermann

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Jun 9, 2017, 11:38:25 PM6/9/17
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On 10/06/2017 2:14 AM, William F Hummel wrote:
Any spending by the government requires that the balance in the Treasury’s account at the time be sufficient for that spending to clear. If its balance is too low, the Treasury must borrow from the public or await new tax revenues before it can spend.

These are conventional assertions and amount to an ex ante interpretation of a monetary sovereign government's financial operations.  It begs the question of whether the convention is justifiable, and whether an ex post interpretation might be more realistic.


As you noted, aggregate bank reserves would then remain approximately unchanged. Thus the Fed would have no reason to buy Treasuries in the open market, because it would lose control of the Fed funds rate, its primary monetary policy tool.

Other monetary policy tools are available, in theory and in practice (e.g. paying interest on reserves). 

So the Treasury’s only option is to borrow directly from the Fed.

Not necessarily.   My previous suggestion was that if the government decided that it wanted to stimulate the economy without incurring further public debt (irrespective of whether this is realistic, i.e. it might well be a misguided objective - but governments often indulge in misguided objectives) it could arrange for Treasury to get together with the Fed and organize the sale of new securities to the private sector in conjunction with an equal purchase of securities from the private sector by the Fed.  This would bypass the legislative prohibition on direct borrowing but would be equivalent to it.

- John


But I think Garbade’s paper makes it clear that such borrowing has not been an option since 1981. Before that time the borrowing was limited to a maximum of $4 billion in any time period.


I believe a financial crisis affecting the demand for U.S. treasury securities would cause Congress to waive the law that forbids the Fed from buying them directly. So MMT's claim there is no constraint on government spending also has its limits.


 

   

helge nome

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Jun 10, 2017, 1:05:16 PM6/10/17
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That is an interesting "statement" John.

Does it mean that the Secretary has no power? : )


Anyway, while we and others diligently discuss the nature of money and the powers of those that handle large volumes of the stuff,

we miss the main point of what is happening today: A massive transfer of wealth from the public domain into private greedy hands,

by using treaties, lawyers and such on an unprecedented scale.


One case in point here in Alberta, Canada:

The government of the day persuaded itself that a huge upgrade in the electricity distribution system was an urgent necessity.

(Fun Fact: The President of the ruling political party happened to be the Vice President of the company owning the electricity distribution system)

The Cabinet of the day created legislation to make itself the sole decision maker in making the project go forwards, overruling any technical advice (of which there was plenty) against the decision.


Result: A $16 billon upgrade to major trunk lines from coal power stations in Northern Alberta to feed the American power grid was completed, paid for by electricity consumers in Alberta (including me) over the next umpteen years.


Now, here is the cream on the cake: The company in question, Altalink, sold its ownership of the distribution system to Warren Buffet for $3.2 billion.


So, now, we the people, are paying Warren Buffet a guaranteed percentage amount on his investment while at the same time paying the banksters the $16 billion they created out of thin air to finance the project in the first place.


And we don't even own what we are paying for!

If that isn't daylight robbery, what is??


Helge 


From: understan...@googlegroups.com <understan...@googlegroups.com> on behalf of John Hermann <her...@chariot.net.au>
Sent: June 9, 2017 9:38:20 PM
To: understan...@googlegroups.com
Subject: Re: Powers of Secretary of the Treasury
 

John Hermann

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Jun 10, 2017, 9:55:05 PM6/10/17
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On 11/06/2017 2:35 AM, helge nome wrote:

That is an interesting "statement" John.

Does it mean that the Secretary has no power? : )



 Not sure what you are getting at here Helge.  The powers
of the Secretary of Treasury and the Chairman of the Fed
are granted by the legislature and signed into effect by the
executive.  The Congress giveth, and the Congress taketh
away.   - John



lante...@gmail.com

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Jun 11, 2017, 4:30:16 AM6/11/17
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"The Congress givests the, the Congress takes away".  So true. Some call it, "Delegated Authority". Can you delegate "Authority"? Yes, in practice, but not in actuality.

Signature:    My compliments and best wishes.

John Hermann

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Jun 12, 2017, 1:04:02 AM6/12/17
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On 10/06/2017 2:14 AM, William F Hummel wrote:

I believe a financial crisis affecting the demand for U.S. treasury securities would cause Congress to waive the law that forbids the Fed from buying them directly. So MMT's claim there is no constraint on government spending also has its limits.


The issue of the constraints applying to government spending is interesting, in that such constraints differ - in terms of their nature and their magnitude - between different countries.  The legislative prohibition applying in the U.S. is unusual, by global standards. Apart form that, it seems to me that a monetary sovereign state always has the option of deficit spending if the economy as a whole requires stimulus, and it does this by creating net financial assets - which it injects into the private sector.  So even if the government insists on going through the ritual of matching taxation receipts and borrowings with spending (as recorded so faithfully in the balance of Treasury credits in its central bank account), there is really no constraint on its overall spending - other than the ability of the economy to support such spending without experiencing runaway inflation.  I acknowledge that there are many related issues which I have neatly avoided in this short statement.   -  John 

helge nome

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Jun 12, 2017, 10:03:00 AM6/12/17
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John,

Your message text is not coming through to my email.

Just three dots.

Helge


Sent: June 11, 2017 11:03:55 PM
To: understan...@googlegroups.com
Subject: Re: Powers of Secretary of the Treasury
 

John Hermann

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Jun 12, 2017, 11:13:58 AM6/12/17
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The text of my posting seems to have appeared in the group's
emails Helge, and I have no idea why you did not receive it. 
Have you experienced this problem with any other postings?
 - John

helge nome

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Jun 12, 2017, 12:22:50 PM6/12/17
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This one came through fine.

Other emails from members of this group come through as well.

It could possibly have something to do with with my "hotmail" service.

Perhaps you could try a mixed message where you send a mixture of direct text and cut and pasted material?


Helge


Sent: June 12, 2017 9:13:49 AM
To: understan...@googlegroups.com
Cc: helge nome

Subject: Re: Powers of Secretary of the Treasury
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