U.S. Government Accountability Office Examines Challenges to Financial Stability Oversight Council and Office of Financial Research Missions
Sep 17, 2012
GAO: New Organizations Should Strengthen the Accountability and Transparency of Their Decisions
Tasked with examining any challenges faced by the newly created Financial Stability Oversight Council (“FSOC”) and Office of Financial Research (“OFR”) in fulfilling their respective missions, the U.S. Government Accountability Office (“GAO”) made various recommendations in a report (GAO-12-886) issued on September 11, 2012.
In 2010, the Dodd-Frank Wall Street Reform and Consumer Protection Act created FSOC to identify and address threats to the stability of the U.S. financial system and OFR to support FSOC and Congress by providing financial research and data.
A summary of the GAO report is reprinted below. To view the entire document, click here.
What the GAO Found
The FSOC and the OFR face challenges in achieving their missions. Key FSOC missions–to identify risks and respond to emerging threats to financial stability–are inherently challenging, in part, because risks to financial stability do not develop in precisely the same way in successive crises. Collaboration among FSOC members can also be challenging at times, as almost all of them represent independent agencies that retained existing authorities. The OFR faces the challenge of trying to establish and build a world-class research organization while meeting shorter-term goals and responsibilities.
The FSOC’s and OFR’s management mechanisms to carry out their missions could be enhanced to provide greater accountability and transparency. The FSOC and OFR have taken steps toward establishing such mechanisms. The FSOC has established seven standing committees generally composed of staff of its members and member agencies to support its mission and provide information to the FSOC for decision-making. It also adopted a memorandum of understanding on information sharing to help govern its activities. The FSOC and OFR have issued annual reports on their activities and created Web pages that provide some information to the public. However, certain mechanisms could be strengthened. For instance:
The FSOC’s Systemic Risk Committee, which is responsible for identifying risks to financial stability, has procedures to facilitate analysis of risks raised by staff. However, without a more systematic approach and comprehensive information, FSOC member agencies, on their own, may not be well-positioned to judge which potential threats will benefit from interagency discussions. The GAO recommends that the FSOC collect and share key financial risk indicators as part of a systematic approach to help identify potential threats to financial stability.
Public information on the FSOC’s and OFR’s decision-making and activities is limited, which makes assessing their progress in carrying out their missions difficult. The GAO recommends that (1) the FSOC keep detailed records of closed-door sessions, and (2) that both entities develop a strategy to improve communications with the public.
The FSOC’s annual reports–which serve as its key accountability documents–do not consistently identify which entities should monitor or implement the identified recommendations or give time frames for specific actions. To hold the FSOC accountable for its recommendations, the GAO recommends that the FSOC recommend a lead agency or agencies to monitor or implement each recommendation within specified time frames.
The OFR issued a strategic framework in March 2012 as an important first step in adopting a strategic planning and performance management system. However, that document lacked some leading practices such as linking activities to strategic goals and performance measurement systems. The GAO recommends that the OFR further develop a strategic planning and performance management system that includes these elements and will allow it to be held accountable.
Why the GAO Did This Study
In 2010, the Dodd-Frank Wall Street Reform and Consumer Protection Act created the FSOC to identify and address threats to the stability of the U.S. financial system. The OFR was created to support FSOC and Congress by providing financial research and data.
The GAO was asked to examine (1) any challenges FSOC and OFR face in fulfilling their missions, (2) the FSOC and OFR’s efforts to establish management structures and mechanisms to carry out their missions, (3) the FSOC and OFR’s activities for supporting collaboration among their members and external stakeholders, and (4) the processes FSOC used to issue rules and reports.
The GAO reviewed FSOC documents related to the annual reports, rulemakings and committee procedures, as well as documents on the OFR’s budget, staffing and strategic planning. The GAO also interviewed FSOC and OFR staff, FSOC member and member agency staff, and external stakeholders, including foreign officials, industry trade groups and academics.
What the GAO Recommends
The GAO made 10 recommendations to strengthen the accountability and transparency of the FSOC and OFR’s decisions and activities, as well as to enhance collaboration among FSOC members and with external stakeholders. As Chairperson, the U.S. Treasury said that the FSOC and OFR would consider the recommendations, but questioned the need for the FSOC and OFR to clarify responsibilities for monitoring threats to financial stability. The Treasury stated that the OFR expects to share some risk indicators. However, stronger and more systematic actions are still needed in these areas.
GAO Recommendations for Executive Action
Note: All recommendations listed below are currently in process.
Recommendation: The FSOC and OFR should clarify responsibility for implementing requirements to monitor threats to financial stability across the Treasury, FSOC and OFR (including FSOC members and member agencies) to better ensure that the monitoring and analysis of the financial system are comprehensive and not unnecessarily duplicative.
Recommendation: As the FSOC continues to develop approaches for monitoring threats to financial stability, it should develop an approach that includes systematic sharing of key financial risk indicators across FSOC members and member agencies to assist in identifying potential threats for further monitoring or analysis.
Agency Affected: Department of the Treasury, Financial Stability Oversight Council
Recommendation: To improve the transparency of FSOC and OFR operations, each organization should each develop a strategy to improve communications with the public. The strategy could include using technology more effectively to communicate, such as having fully developed Web sites, sending regular notices to interested parties and developing methods to communicate with the public.
Agency Affected: Department of the Treasury, Financial Stability Oversight Council
Recommendation: To support the growth of OFR into a viable and sustainable entity, it should build on its strategic framework by further developing its strategic planning and performance management system so that it links its activities to its goals and uses publicly available performance measures to measure its progress.
Agency Affected: Department of the Treasury, Financial Stability Oversight Council, Office of Financial Research
Recommendation: To strengthen accountability and collaboration in the FSOC’s decision-making, it should keep detailed records (for example, detailed minutes or transcripts) of closed door sessions of principals meetings and, to the extent possible, make them publicly available after an amount of time has passed sufficient to avoid the release of market-sensitive information or information that would limit deliberations.
Agency Affected: Department of the Treasury, Financial Stability Oversight Council
Recommendation: To strengthen accountability and collaboration in FSOC’s decision-making, it should establish formal collaboration and coordination policies that clarify issues such as when collaboration or coordination should occur and what role FSOC should play in facilitating that coordination.
Agency Affected: Department of the Treasury, Financial Stability Oversight Council
Recommendation: To strengthen accountability and collaboration in FSOC’s decision-making, it should more fully incorporate key practices for successful collaboration that we have previously identified. Internally, this could include working with agencies to rationalize schedules for rulemakings and conducting collaborative system-wide stress testing. Externally, this could include using professional and technical advisors such as state regulators, industry experts and academics.
Agency Affected: Department of the Treasury, Financial Stability Oversight Council
Recommendation: To strengthen accountability and collaboration in FSOC’s decision-making, it should establish a collaborative and comprehensive framework for assessing the impact of its decisions for designating financial market utilities (“FMUs”) and nonbank financial companies on the wider economy and those entities. This framework should include assessing the effects of subjecting designated FMUs and nonbank financial companies to new regulatory standards, requirements and restrictions; establishing a baseline from which to measure the effects; and documenting the approach.
Agency Affected: Department of the Treasury, Financial Stability Oversight Council
Recommendation: To strengthen accountability and collaboration in FSOC’s decision-making, it should develop more systematic forward-looking approaches for reporting on potential emerging threats to financial stability in annual reports. Such an approach should provide methodological insight into why certain threats to financial stability are included or excluded over time, separate current or past threats from those that are potentially emerging, and prioritize the latter.
Agency Affected: Department of the Treasury, Financial Stability Oversight Council
Recommendation: To strengthen accountability and collaboration in FSOC’s decision making, it should make recommendations in the annual report more specific by identifying which FSOC member agency or agencies, as appropriate, are recommended to monitor or implement such actions within specified time frames.
Agency Affected: Department of the Treasury, Financial Stability Oversight Council
Should you have any questions or comments, please contact Colodny Fass& Webb.
Click here to follow Colodny Fass& Webb on Twitter (@CFTLAWcom)
To unsubscribe from this newsletter, please send an email to Brooke Ellis at bellis@cftlaw.com.