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REC'D

RECORDS SECTION

BOARD OF GOVERNORS

SEP 16 1971

OF THE

FEDERAL RESERVE SYSTEM
WASHINGTON, D.C. 20551

September 16, 1971

CONFIDENTIAL (FR)

TO :

Federal Open Market Committee

FROM:

Mr. Broida

SUBJECT: System lending of
Government securities

Enclosed are memoranda from the System Account Manager and the
Committee's General Counsel, dated September 15, 1971, on the subject
of System lending of Government securities.

It is contemplated that

these memoranda will be discussed at the meeting of the Committee to be
held on September 21, under agenda item 5.

Arthur L. Broida,
Deputy Secretary,
Federal Open Market Committee.

Enclosures

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REC'D INRECORDS SECTION
CONFIDENTIAL (F.R.)
To:

Federal Open Market Committee

From:

Mr. Hackley

September 15,
Subject:

System

1971.

SEP1 7

1971

lending of

Government securities.

On October 7, 1969, the Committee amended its continuing authority
directive with respect to domestic open market operations by adding the following paragraph:

"In order to insure the effective conduct of open market
operations, the Federal Open Market Committee authorizes and
directs the Federal Reserve Banks to lend U. S. Government
securities held in the System Open Market Account to Government securities dealers and to banks participating in Government securities clearing arrangements conducted through a
Federal Reserve Bank, under such instructions as the Committee
may specify from time to time."
At the time of that action, it was understood that the authorization for
lending of Government securities would be reviewed semiannually. In a
memorandum to the Committee dated September 15, 1971, Mr. Holmes, Manager
of the System Open Market Account, has reviewed the use of this authority
and in effect recommended that it be continued. His memorandum notes that
no loans of Government securities have so far been made to banks participating in Government securities clearing arrangements conducted by Federal
Reserve Banks but that it is expected that such loans may be made, even
though infrequently.
When the proposal for lending of Government securities by the
New York Reserve Bank was first advanced in 1968, I expressed the opinion
(in a memorandum dated July 10, 196) that it was doubtful whether the
Reserve Banks had authority, under the circumstances then stated, to make
such loans of Government securities. The opinion was based on the fact
that the law does not expressly authorize such loans of securities; that,
under section 4 of the Federal Reserve Act, a Reserve Bank may exercise
"such incidental powers as shall be necessary to carry on the business of
banking within the limitations prescribed by this Act"; but that no evidence had been submitted in support of the conclusion that such lending
of securities was reasonably necessary to carry out the express statutory
authority of the Reserve Banks to conduct open market operations. At that
time, it was asserted only that the lending of Government securities would
be "convenient" or an "aid" in connection with the conduct of open market
transactions.

When the matter was again considered in the summer of 1969, it
was then indicated by the Manager of the System Open Market Account that
the factual situation had changed substantially and that loans of Government securities in order to avoid delivery failures were reasonably necessary to effectuate open market operations. On that basis, I expressed the
view, in a memorandum dated August 25, 1969, that the lending of Government

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Federal Open Market Committee

securities could properly be regarded as within the incidental powers of
the Reserve Banks if the Open Market Committee, as well as the Manager,
determined that the situation was such that the lending of such securities
was "reasonably necessary to the effective conduct of open market operations
and the effectuation of open market policies". Following that opinion, the
authorization for lending of Government securities was given by the Committee
in October 1969.
Obviously, the legality of lending of Government securities depends
upon a factual determination that such lending is reasonably necessary to
enable the Reserve Banks to carry out effectively their authority to engage
in open market transactions. It is not enough that the lending of Government
securities might be helpful or convenient in the transaction of operations
in Government securities or that it would facilitate operations of the
Treasury Department.
Mr. Holmes' memorandum of September 15, 1971, explicitly states

that "the System's lending of securities is still deemed necessary to the
effective functioning of the Government securities market and hence to the
It also states that, while no
conduct of System open market operations".
such loans of securities have yet been made to banks participating in Government securities clearing arrangements, the availability of this authority
is expected to improve the working of the clearing arrangement and expedite
progress toward full utilization of book entry procedures for holding and
transferring Government securities and that "in

turn the development of

book entry procedures is regarded as essential to the effective conduct of
System open market operations."
If the Committee agrees with the Manager's judgment and determines

that continuance of the authorization at this time is still reasonably necessary to the effective conduct of open market operations, it is my opinion
that the lending of Government securities as presently authorized by the
Committee may properly be regarded as embraced within the incidental powers
of the Reserve Banks.

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REC
CONFIDENTIAL (FR)

INRECORDS SECTION

SEP 16 1971

To :

Federal Open Market Committee

From:

Alan R. Holmes

September 15, 1971
Subject:

System Lending of

Securities
At the annual meeting of the Federal Open Market Committee in
March 1971, the Committee renewed the authorization for the lending of
securities from the System Account.

In light of experience since that

time, the System's lending of securities is still deemed necessary to
the effective functioning of the Government securities market and hence
to the conduct of System open market operations.
During the six months since the meeting, 1,302 loans totaling $2,984.9 million have been made to dealers under circumstances similar to those envisioned when the authorization was originally granted in
October 1969.
million.

The average size of the loans remains around $2 to $3

Although usually made for five days, most loans are repaid

within two or three days and only 16 loans were extended during the sixmonth period, at penalty rates ranging from 1-1/2 to 4-1/2 per cent.

Despite increasing mechanization of delivery procedures and
the conversion of additional accounts to book entry, the problem of
delivery failures remains serious enough to call for continued System

lending of securities in order to facilitate effective functioning of
the market.

Even with the benefit of System lending of securities,

dealers' fails to receive and to deliver averaged $121 and $90 million
daily, down from $215 and $92 million in the four months preceding the
March meeting of the Committee.

Fails would be increased significantly

if the System lending facility were not available, thus inhibiting the
dealers' ability and willingness to make markets.

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The Committee has also authorized overnight loans of securities
from the System Account to banks participating in Government securities
clearing arrangements conducted by Federal Reserve Banks.
present, no loans have been made for this purpose.

Up to the

In New York, the

only district in which such a clearing arrangement is now conducted, on
those occasions when a bank fails to settle its account with the clearing arrangement, its reserve account is debited overnight and the
securities are delivered by the bank early the next day.
In light of the expanded use of the clearing arrangement, and
the prospect of still more active use as book entry moves ahead, the
Desk now plans to activate the lending authorization in cases where a
bank cannot deliver by noon the following day, with terms and conditions
as approved earlier by the Committee.

We would expect this type of loan

to be made infrequently but its potential availability is expected to
improve the working of the clearing arrangement and hence expedite progress toward full utilization of book entry procedures for holding and
transferring Government securities; in turn the development of book entry
procedures is regarded as essential to the effective conduct of System
open market operations.

A special contract for overnight lending to

banks in the clearing arrangement has been prepared and the Desk plans
to meet this need if it arises.