Fed to Disclose Loan Amounts, Borrowers on Business Lending Programs -- Update
April 23 2020 - 5:27PM
Dow Jones News
By Nick Timiraos and Scott Patterson
The Federal Reserve said Thursday it plans to disclose monthly
the borrowers, loan amounts and interest rates on funding from
several new lending programs the central bank is in the process of
establishing.
The loan-level disclosures will be made for business loan
programs that use funds Congress provided the Treasury Department
to cover potential losses in last month's economic rescue
legislation, called the Cares Act.
The Fed will make those disclosures for four lending programs:
its $600 billion Main Street Lending Program, which will extend
bridge loans of up to four years to small and midsize businesses;
its $500 billion program to purchase newly issued debt of large
companies that were rated investment-grade as of March 25; a $250
billion program to backstop previously issued debt for that same
market; and a $500 billion program to purchase the debt of state
and local governments.
The Fed is already required to report this information to
Congress, though the Fed's chairman can ask the chairs of the
banking committees that oversee the Fed to keep the information
confidential. The central bank is also required to make public the
loan amounts and borrowers of its emergency loan programs one year
after their operations have closed.
The Fed won't provide real-time lending data for three other
lending programs that don't have Treasury funding from the Cares
Act and that were launched during the week of March 16 to support
short-term funding markets.
Those programs backstopped money-market mutual funds and the
market for short-term corporate IOUs called commercial paper. A
third program allowed 24 large financial institutions that serve as
the Fed's main counterparties on Wall Street to pledge a wider
variety of collateral to the Fed.
The Fed will shield those transactions from the public due to
concerns that real-time disclosure would create a stigma that would
prevent financial institutions from using them, which in turn would
make it harder for the Fed to stop a run on the financial
market.
The Fed hasn't decided how it will handle real-time disclosure
for two other lending operations -- one that will finance bank
loans made under the Small Business Administration's Paycheck
Protection Program and another called the Term Asset Backed
Securities Loan Facility, which is designed to support consumer and
business credit markets.
While the Fed wasn't subject to the same legal disclosure
requirements for the programs it launched after the 2008 financial
crisis, it faced intense public pressure to make its transactions
public. Back then, the Fed didn't disclose details of recipients of
certain bailout funds amid worries that banks wouldn't come to the
table due to fears that clients might pull out their cash and
trigger a bank run.
In an April 2009 speech, then-Fed Chairman Ben Bernanke said
banks were at times reluctant to openly receive aid because "if it
became known, might lead market participants to infer weakness, the
so-called stigma problem."
Financial watchdog groups and Democrats have been pressuring the
Fed to be transparent regarding who gets funds from the rescue
package.
The move by the Fed "is a very good step," said Bharat
Ramamurti, a former staff member for Sen. Elizabeth Warren (D.,
Mass.) and a member of a five-person congressional panel overseeing
the program, on Twitter following the release of the policy
statement Thursday.
Several Senate Democrats, including Minority Leader Chuck
Schumer of New York, called for increased disclosure in a letter
last week to Fed Chairman Jerome Powell and Treasury Secretary
Steven Mnuchin. They raised concerns that the government had "not
provided sufficient transparency into the structure and
administration of these programs or adequate explanation for the
decisions made so far."
Others warned the Fed's credibility would suffer if it attempted
to shield transactions. "It would be a grave error for the Federal
Reserve to attempt to withhold transaction-level information on the
identity of borrowers and the details of specific loans," said
Marcus Stanley, policy director at Americans for Financial Reform,
a nonprofit organization that advocates for tougher financial
regulation, in a comment letter to the central bank last week.
Fed officials concluded the broader business lending programs
announced over the past month wouldn't carry the same stigma that
might limit their efficacy.
Those programs shouldn't carry a stigma because many businesses
who participate "were overwhelmed by the pandemic," said Rep.
French Hill (R., Ark.), a former bank executive who is also on the
five-person congressional panel.
Scott Alvarez, who was the Fed's general counsel from 2004 until
2017, said he had concerns that disclosing loan-level detail about
nonfinancial businesses could lead some to reconsider whether to
participate.
"The stigma may be worse," he said. "It could be more
discouraging to businesses if that information is disclosed" in
real time because it could reveal to competitors important details
about their operating expenses.
The disclosure rules don't apply to the SBA's PPP loan program,
which is being run through the Treasury Department and has
witnessed blowback for some large businesses due to how quickly
funds for the program were exhausted.
After the $350 billion that Congress appropriated for that
program was exhausted within days, publicly traded companies such
as the owner of Ruth's Chris Steak House and Shake Shack have faced
an outcry for receiving loans designed to help struggling small
businesses cover payroll and certain other expenses.
Both restaurant chains have said they would give back the
federal funds, and the Treasury Department on Thursday asked
publicly traded companies to repay loans they received this
month.
Write to Nick Timiraos at nick.timiraos@wsj.com and Scott
Patterson at scott.patterson@wsj.com
(END) Dow Jones Newswires
April 23, 2020 17:12 ET (21:12 GMT)
Copyright (c) 2020 Dow Jones & Company, Inc.