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4/27/23, 9:04 AM

Remarks by Secretary of the Treasury Janet L. Yellen at Financial Stability Oversight Council Meeting | U.S. Department of the Tr…

U.S. DEPARTMENT OF THE TREASURY
Remarks by Secretary of the Treasury Janet L. Yellen at Financial
Stability Oversight Council Meeting
April 21, 2023

As Prepared for Delivery
Our first agenda item is a discussion and votes on two proposals. The first is the Council’s
proposed framework for financial stability risk identification, assessment, and response. The
second is the proposed interpretive guidance on nonbank financial company designations.
Before we turn to the presentation, let me first speak about how the recent banking
developments demonstrate the importance of the actions we are about to take.
Last month, the government took necessary actions to decisively manage the fallout from the
failure of two regional banking institutions. Our goal was to mitigate the serious risk of
contagion and protect the broader banking system and economy. The situation has stabilized in
the past few weeks. And our banking system remains sound, with strong capital and liquidity
positions. Of course, we continue to be vigilant and monitor conditions closely.
Still, these developments have reminded many of the fear and uncertainty that can accompany
financial disruptions. For all in this room, I am certain that the developments underscored the
importance of our work on financial stability: to continue to improve the resilience of a financial
system that can support the economy through both good and bad times.
Last month’s events show us that our work is not yet done. The authority for emergency
interventions is critical. But equally as important is a supervisory and regulatory regime that
can help prevent financial disruptions from starting and spreading in the first place.
I believe that the votes we will take today advance that very mission.
We will first vote to issue, for public comment, a proposed analytic framework on financial
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Remarks by Secretary of the Treasury Janet L. Yellen at Financial Stability Oversight Council Meeting | U.S. Department of the Tr…

stability. This framework provides new public transparency into how the Council does its work:
how it identifies, assesses, and mitigates risks to financial stability. It’s the first time the Council
has published such a document. This framework outlines common vulnerabilities and
transmission channels through which shocks can propagate through the financial system. And
it lays out how the Council considers the tools it will use to address these risks.
The framework emphasizes the importance of taking a comprehensive and rigorous approach.
Addressing the diverse range of financial vulnerabilities that exist today – and that may arise
tomorrow – requires a broad set of flexible tools. Importantly, the Council does not broadly
prioritize one type of tool over another. Rather, we plainly examine a risk – and design our
response to address the risk we are seeking to mitigate.
Often, the Council will determine that a risk should be addressed by existing regulators – using
what is sometimes called an activities-based approach. These may be instances where systemic
risks emanate from widely conducted activities in a particular sector or market. FSOC has made
activities-based recommendations in traditional areas like money market and open-end funds –
as well as in newer areas like crypto-assets. Many of these risks and recommendations are
described every year in the Council’s annual reports. But there may be certain instances when
systemic risks could emanate from a particular entity – one that might not be within the
jurisdiction of a regulator with adequate prudential or supervisory authorities. In that case, an
entity-focused approach may be more appropriate.
That’s exactly why Congress gave the Council the authority to designate nonbank financial
companies for Federal Reserve Board supervision and enhanced prudential standards. And it’s
why the Council is also voting today to issue proposed guidance that would enable us to use
that tool effectively – should it be needed.
We are proposing revisions to certain elements of the Council’s existing guidance that have
made it difficult to use its nonbank designation authority. The existing guidance – issued in
2019 – created inappropriate hurdles as part of the designation process. These additional steps
are not legally required by the Dodd-Frank Act. Nor are they useful or feasible. Some are based
on a flawed view of how financial crises begin and the costs that they impose. It has been
estimated that a designation process with these steps could take six years to complete. That is
an unrealistic timeline that could prevent the Council from acting to address an emerging risk
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Remarks by Secretary of the Treasury Janet L. Yellen at Financial Stability Oversight Council Meeting | U.S. Department of the Tr…

to financial stability before it’s too late.
The designation tool serves as an important part of our post-Global Financial Crisis defense. It is
an important preventative tool to address systemic risks that may arise from a nonbank
financial firm whose activities or distress could threaten the financial system. We are acting
today to restore the effectiveness of this authority.
As we do, we are also taking significant steps to ensure that the Council’s nonbank designation
process is rigorous and transparent. The proposed guidance provides for strong procedural
protections. This includes significant engagement and communication with companies under
review – minimizing administrative burdens on these companies while providing ample
opportunities to be heard. The Council will also engage with the company’s primary regulator
during any designation review. And through the separate proposed analytic framework, we are
providing the public with more information about how nonbank designation fits into the
Council’s broader approach to financial stability risk monitoring and mitigation.
In all, I believe that our votes today are a major step toward strengthening our safeguards for
the U.S. financial system. We look forward to public comments on these proposals.
Let me now turn to Sandra Lee, Deputy Assistant Secretary for the Council. She will provide an
overview of these proposals.
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