Macro Musings
Macro Musings

Peter Conti-Brown on the CARES Act and the Expanding Fed-Treasury Relationship in Response to COVID-19

Peter Conti-Brown – a legal scholar and financial historian at the University of Pennsylvania, as well as a Nonresident Fellow in Economic Studies at the Brookings Institution – returns to Macro Musings to discuss the new Fed-Treasury relationship that is emerging in the wake of the war against COVI

Featured Speakers

David Beckworth HostPeter Conti-Brown GuestDavid Beckworth Guest

Topics Discussed

Episode Summary

Executive Summary: David Beckworth and Peter Conti-Brown discuss the Fed’s rapid COVID-era response, the CARES Act’s unprecedented Fed-Treasury linkage, and the likely long-run consequences for central bank independence. Conti-Brown argues the new Treasury backstop is mainly political cover, not a legal necessity, while warning that emergency lending, swap lines, and large-scale balance-sheet expansion may permanently blur monetary and fiscal boundaries.

Main Topics: CARES Act and the new Fed-Treasury emergency fund (Priority: 5/5): Conti-Brown explains that Congress created an unprecedented $454 billion Treasury-backed fund to support Fed facilities, with Treasury acting as an investor in Fed emergency programs rather than merely a supervisor or allocator of general relief. Fed independence and post-crisis entanglement (Priority: 5/5): The conversation centers on how crisis lending may reshape Fed-Treasury-Congress relations, potentially creating pressure to preserve popular emergency programs after the crisis and requiring robust congressional oversight to restore normal boundaries. Fed’s COVID-19 toolkit and speed of response (Priority: 4/5): The hosts review the sweeping set of Fed actions—rate cuts, QE, repo support, discount-window efforts, corporate credit facilities, municipal support, and international dollar liquidity—emphasizing how much faster and broader this response was than in 2008. Legal architecture of Fed emergency lending (Priority: 5/5): Conti-Brown walks through Sections 13(3), 14, and 10B of the Federal Reserve Act, arguing many controversial facilities are legally permissible, while criticizing some Fed rules and terminology as overly restrictive or misleading. Repo markets and financial-system fragility (Priority: 4/5): The discussion notes that repo interventions expanded dramatically, which Conti-Brown sees as evidence of deep structural fragility in short-term funding markets and a reason to rethink the system’s dependence on central-bank backstops. International dollar liquidity and swap lines (Priority: 3/5): The Fed’s expanded swap lines and new foreign central bank repo facility are framed as the Fed acting as banker of last resort to the world, providing global safe assets while carrying geopolitical and balance-sheet responsibilities. Long-run monetary regime and low-rate environment (Priority: 4/5): Beckworth and Conti-Brown conclude that secular forces—risk aversion, pandemics, and weaker productivity—may keep rates near zero or negative, pushing the Fed toward quantity-based policy and possible monetary regime change.

Key Arguments: The CARES Act created a novel Treasury role: Treasury can inject capital only into Fed facilities, which Conti-Brown says is unprecedented in U.S. history. Treasury participation is not legally required for Fed emergency lending; it is largely political cover to legitimize risky, fast-moving interventions and signal shared ownership. The Fed’s crisis actions are legally grounded in Sections 13(3), 14, and 10B, though the specific implementation details matter and some current Fed rules are too narrow. Corporate credit facilities using SPVs and direct lending are legal under 13(3), provided facilities are broad-based; the statute permits participant broadness, not a single legal structure. Repo market fragility shows that short-term wholesale funding is structurally unstable and has required extraordinary Fed support well before COVID-19. The discount window could be repurposed for client-focused emergency lending, allowing banks to channel cheap Fed funding to small businesses, farmers, or other borrowers. Expanded swap lines and FIMA repo are justified because the dollar’s reserve-currency role creates a global responsibility to supply liquidity and safe assets. If rates remain at or near zero, the Fed will likely have to rely more on balance-sheet tools and asset purchases, prompting experimentation with new monetary frameworks.

Data Points: CARES Act relief appropriations: $2.2 trillion - Total coronavirus relief bill discussed at the start of the Fed-Treasury section Treasury allocation under CARES Act: $500 billion - Portion of the relief bill assigned to Treasury to support Fed-related programs Sectoral relief carve-out: $46 billion - Treasury funds reserved for airlines, cargo carriers, and national security-related sector relief Fed-linked Treasury investment capacity: $454 billion - Treasury funds that can only be used as loans, guarantees, or investments in Fed programs/facilities Treasury investment in money market facility: $10 billion - Treasury’s contribution to the Money Market Mutual Fund Liquidity Facility Discount window participation: 8 banks - Banks that agreed to borrow from the discount window during the crisis Repo operations (pre-crisis discussion): $100 billion overnight; $200 billion two-week - Fed repo offering before COVID crisis turmoil intensified Repo operations (crisis expansion): $1 trillion overnight; $500 billion one-month; $500 billion three-month - Fed repo facilities expanded dramatically in response to market stress Balance sheet estimate: About $10 trillion - Expected post-crisis Fed balance sheet size discussed by Beckworth and Conti-Brown Balance sheet share of GDP: About 40% of GDP - Beckworth cites estimates comparing the Fed’s post-crisis balance sheet to GDP and the ECB Treasury Secretary involvement in facilities: Waivable conditions and added restrictions - Treasury can add restrictions to sectoral lending, but conditions are limited or waivable in broader facilities Eligibility lookback for 13(3) borrowers: 90 days - Fed rule excluding entities that failed to pay undisputed debts within 90 days before participating Commercial mortgage-backed securities: Included in QE purchases - Fed expanded asset purchases beyond Treasuries and agency securities Foreign central bank repo facility: FIMA facility - New standing repo-like access for foreign central banks holding Treasuries

Pivotal Quotes: "This is about political cover. This is about making the Secretary of the Treasury the face of some of these lending programs." — Peter Conti-Brown: On why Treasury capital is being attached to Fed emergency facilities "The Fed cannot take credit rates. Risk or cannot lose money in its lending." — David Beckworth: Beckworth characterizes the public misunderstanding of Fed lending risk "It has been the long-held goal of all the countries of the world for everybody to have access to the dollar." — David Beckworth: On the value of expanded dollar liquidity through swap lines and the FIMA facility

Implications: The crisis may permanently normalize closer Fed-Treasury coordination, bigger balance sheets, and broader emergency lending. Expect more congressional scrutiny, a possible rethink of monetary policy tools, and lasting debate over independence, legality, and the Fed’s role as global liquidity backstop.

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About Macro Musings

Hosted by David Beckworth of the Mercatus Center, Macro Musings pulls back the curtain on the important macroeconomic issues of the past, present, and future.

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