- Appendix - - Supporting Brief - - - Proposed Federal Reserve Nationalization Act of 1992 - - The presidential campaign organization of Lyndon LaRouche announced the release of a draft Federal Reserve Nationalization Act of 1992 on February 25, 1992, to reshape the U.S. central bank along the model of the First National Bank of Alexander Hamilton. The act would nationalize the Federal Reserve System to create a new National Bank of the United States, in order to direct credit to an expansion of production of physical wealth, and away from the speculative Wall Street ``junk finance'' of the 1980s. The legislation is based on the proposal by Democratic candidate Lyndon H. LaRouche, Jr., to return the United States to the method of central banking originally envisioned by Hamilton, the nation's first treasury secretary, and mandated in Article I of the U.S. Constitution. The current Federal Reserve System's method of monetary creation via Federal Funds ``open-market operations'' is ''{unconstitutional},'' LaRouche states, because it leaves ``the power to create fiat credit in the hands of a powerful cartel of private bankers led by Citibank and Chase Manhattan Bank, ``who dominate the Federal Funds markets.'' This system encourages the majority of funds to flow to speculative, non-productive activities such as junk bonds, Leveraged Buyouts, and other inflationary activities. LaRouche called instead for a return to ``the constitutional obligation of the federal government'' to ensure that the nation's credit goes to productive manufacturers, agriculture, basic infrastructure, and other necessary public services. The text of the legislation follows. - Amendments to the Federal Reserve Act - The Federal Reserve Nationalization Act of 1992 completely revamps the Federal Reserve Act of 1913, which created the Federal Reserve System, to create a National Bank under the Department of the Treasury. This is done through a series of amendments which: 1) Forbid the creation of new fiat credit through the Federal Reserve's current mechanism of {open market operations,} known as creation of ``money supply''; 2) Create instead large amounts of credit through the new National Bank's {discount window}, providing that all loans presented for discounting by private banks to the National Bank are earmarked for new real physical capital investment, production, or transport of tangible wealth; and 3) Re-regulate {reserve requirements} on deposits of private banks and use them to ensure banks maintain an adequate proportion of lending for purposes of real physical production. - 1) Curtailing Open Market Operations. - The core of the problem with the Federal Reserve is to be found in the way in which it creates money. The Fed now adds new money supply to the banking system each week, by printing fresh Federal Reserve Notes, the familiar dollar bills, for the purpose of {buying a certain portion of the U.S. Treasury debt} (Treasury bonds or bills), that portion of government debt which would not otherwise be purchased by money already in circulation in the banking system. This is known as ``monetizing the government debt,'' printing fiat money to finance the U.S. budget deficit. It is thus axiomatic that since the nation's deficit has ballooned to the $200 billion annual mark during the 1980s, that the inflationary effects of Federal Reserve open market operations have taken off. Worse than the question of ``how much fiat money?'' is the question ``whose''? In practice, the Federal Reserve does not purchase Treasury debt directly from the Treasury, but from the two dozen leading Wall Street government debt houses, such as Salomon Brothers and Goldman Sachs, which have bought up the debt from the Treasury Department in anticipation. The level of corruption this arrangement almost automatically entails has been but partially exposed by the recent indictments of Salomon Brothers officials in a major Fed Open Market Operations fraud. These Treasury security dealers then deposit the proceeds of their Treasury debt sales--the new fiat money just printed by the Federal Reserve--into accounts at the top 20 New York commercial banks, led by Citibank and Chase Manhattan. These commercial banks now have additional deposits virtually created for them out of thin air, at the expense of American taxpayers, who have to pay the interest on the wildly expanding Treasury debt. The banks then demonstrate the principle of the ``money multiplier'': they create more money out of thin air, by loaning out these deposits to a loan customer; the customer's loan is then redeposited, and becomes a new deposit; is again reloaned, and so on. Until 1982 there were minimal ``reserve requirements'' limiting this ``money multiplier'' to about 2.5 times the original amount printed {de novo} by the Federal Reserve. But under the deregulation of the 1980s the total phase-out of reserve requirements has allowed the multiplier to grow at infinite rates. With all this credit, why then is the economy crashing? The reason is that the control of the nation's credit rests with the above-described {private banking cartel}, not with U.S. government as provided under the Constitution. The Fed shares its monopoly power over money-creation with a handful of big money center banks. If these banks made most of their loans to the goods-producing sector of the U.S. and world economy, many of America's economic problems might have been avoided. The banks, however, do precisely the opposite. Half the profits of the U.S. money center banks during the 1970s and early 1980s were made speculating in the inflationary offshore Eurodollar market, making usurious loans to foreign nations which could never be repaid. During the later 1980s the speculation turned inward, to the S&L debacle, real estate speculation, and assorted Wall Street junk-securities schemes. Now the banks themselves, caught with all this worthless paper, are desperately absorbing every bit of new Fed credit issued just to keep their own balance sheets from day to day. Even while the Fed is pumping money hand over fist, the money does not reach the capillary system of the physical economy, because the aorta has a leak. The Federal Reserve Nationalization Act of 1992 therefore limits the new National Bank's open-market operations such as to prohibit that manner of creation of new fiat money. Section 3 of the act sets a statutory limit to the amount of U.S. government debt the National Bank may hold. The Bank may continue to perform the other necessary functions of open market operations, such as short-term buying and selling of Treasury debt to stablize the debt markets, but may not buy net new debt. This means Article I of the Constitution, which arrogates to the U.S. government a monopoly in emitting legal tender, will be re-implemented, for new Federal Reserve notes will no longer be issued as the currency of the United States. Rather, they will be gradually withdrawn from circulation, and replaced by U.S. Treasury bills, as described below. - 2) Expand Productive Credit Via Discount Window - The Act then proposes that new, long-term, low-interest credit in the amount of approximately $1 trillion per annum be issued by the U.S. Treasury via the new National Bank to the U.S. physical economy by an entirely new mechanism. The National Bank is to open wide its {discount window} for general lending of {directed credit} to the productive, infrastructure, and related sectors of the physical economy. The bank may in fact create such credit indefinitely without fear of inflation, as long as it serves to create new productive wealth. All new credit and currency of the U.S.A. is to be thus issued by the U.S. Treasury under Article I of the Constitution, as {U.S. Treasury bills,} gradually replacing the old Federal Reserve notes in circulation. This will return constitutional control to the U.S. government over the creation of new money and new debt obligations of the Treasury and taxpayers. Of the total $1 trillion per annum issued, approximately $600 billion is to be spent by the U.S. Treasury itself in the form of {basic economic infrastructure projects}, run by federal, state, and local agencies and subsidiaries. The objective is to employ approximately {3 million people} directly in water projects, power generation and distribution, transportation, urban infrastructure, construction of medical facilities, schools, etc. These goverment projects will generate additional credit demand in the area of another $400 billion per annum of purchases and investments by private-sector firms to be engaged in supplying these government projects, for a total of $1 trillion new productive activity. The results in the private sector are estimated to increase employment by an additional 3 million operatives for a total new increase in productive employment of some {6 million persons}. This means that the Treasury will receive more than the initial monies outlaid through increase in the tax-revenue base of the government. The Federal Reserve's present discount window currently provides marginal amounts of credit, largely for the bank's use, in their own emergency cash flow needs. Via the window, the Fed loans money to the banks, at a {discount}, against financial paper and bills of trade on third parties presented by the banks. The advantage, however, of conducting general national bank credit operations via the discount window, is that the window may easily discount large amounts of bills of trade. These bills, held by the banks as loans to productive enterprises, are chits representing actual {physical production} of goods and services, so as to guarantee that new national bank credit goes to creation of new productive wealth. This will constitute a system of {directed credit}, or what has been called a ``two-tier credit system.'' Private enterprise will be encouraged, but wisely managed enterprises more than others. Enterprises seeking to borrow at the banks for productive purposes, and their bankers, will find the banks can readily discount this paper for cheap credit. Those seeking to borrow for more speculative purposes will find the paper may be discounted only at much more expensive rates by the National Bank, or not at all. For example, Chrysler Corporation would be easily able to get a low-interest, long-term loan from a Detroit bank, if it can document that the funds will be used to build new plants, or modernize existing capital equipment for production purposes. This is because the bank knows it will be able to take the loan agreement to the National Bank and borrow cash immediately, at interest rates in the range of 2-4%, up to 50% of the value of the entire loan. The National Bank's 50% requirement is to ensure that private enterprise continue to be privately run, and to ensure the private sector bear its share of the risk. If the bank bears a 50% share of the loan risk, banks will make sounder loans. If Chrysler, however, seeks loans to diversify into real estate or casino gambling, or to relocate old plant and equipment to cheap-wage Mexican {maquiladoras,} its Detroit bank will advise them that the National Bank will likely not discount such a loan and therefore the bank must decline, or charge higher interest rates. The new Act states in Section 4: ``Upon the endorsement of any U.S.-chartered bank, any branch of the National Bank may discount up to 50% of the face value of notes, drafts, and bills of exchange arising from the production of tangible wealth or capital improvements.... This shall be defined as the purchase of raw and intermediate materials and capital goods, construction of facilities, or employment of labor to produce or transport manufactured goods, agricultural commodities, and construction materials; to work mines; to build manufacturing, transportation, and mining facilities or dwellings; to produce and deliver energy in all forms; and to provide public utilities....'' - 3) Protective Reserve Requirements. - To protect the safety of the banking system, and prevent banks from re-depositing for re-lending, for {non}productive purposes, large amounts of the new cheap discount credit, the act re-regulates {reserve requirements} for private banks. Until the deregulation of the 1980s, the Federal Reserve required banks to keep on deposit with the Fed a standard reserve fund, for use to pay depositors when loans went bad, which until 1982 was roughly calculated at an average rate of 16% of a bank's total deposits. This cost banks money, since the funds could not be loaned out at interest, and thus prevented banks from multiplying the number of times they re-deposited and re-loaned Federal Reserve credit. Those safety reserve requirements, however, were largely done away with by the deregulation of the 1980s, making U.S. banks part of the off-shore Eurodollar market. The resulting speculation is a major cause of U.S. banks' problems today. Under the new Act, the 16% reserve requirement which was standard post-war U.S. practice will be re-imposed. Banks which maintain at least 60% of their loan assets in the real physical productive activities listed above will be subject to that standard requirement. However, for every 1% by which the banks proportion of tangible wealth-creating loan assets falls below 60% of total assets, the National Bank shall require an additional 1% reserve requirement charge. That will discourage banks from falling below the 60% productive asset limit. - Excerpts From the Federal Reserve Nationalization Act of 1992 - {Sec. 1} Sec. 1 of the Federal Reserve Act of 1913 is hereby amended to read: ``Under Article I of the Constitution pertaining to the monopoly of the U.S. government in emitting legal tender, the Federal Reserve System is hereby nationalized and placed under the jurisdiction of the Department of the Treasury of the United States. Its name is hereby changed to the `National Bank of the United States.' Regional headquarters of the Federal Reserve System shall henceforth be known as the appropriate regional branches of the National Bank of the United States.... ``Offices and personnel of the former Federal Reserve System shall continue normal functions at the new National Bank except for the amendments set forth below... ``Private-sector `member banks' of the former Federal Reserve System shall henceforth be known simply as U.S.-chartered banks ... {Sec. 2} Section 1 of the Federal Reserve Act is hereby amended to read: ``The Federal Reserve shall immediately cease issuance of Federal Reserve notes as legal tender. As of the passage of this Act, the successor National Bank of the United States shall commence issuance of all new legal tender obligations of the United States in the form of U.S. Treasury bills, to be deposited with [the National Bank by the Treasury Department... ``Previously issued Federal Reserve notes may continue to be circulated as currency until such time as the Department of the Treasury shall formulate a currency reform plan for their orderly withdrawal, said plan to be promulgated no later than one year from the passage of this Act ...'' {Sec. 3} Section 14 of the Federal Reserve Act of 1913 is hereby amended to include the following: ``The power of the National Bank of the U.S. to purchase or sell bills, notes, and bonds of the United States shall be limited to these functions: ``a) The anticipation of tax revenues accruing not more than one year form the date of purchase of said bills, notes, and bonds, in order to help maintain an orderly flow of disbursements by the United States Treasury; ``b) To maintain an orderly market in the bills, notes, and bonds of the United States, and to meet the temporary liquidity needs of regional branches of the National Bank system and commercial banks in their districts; ``c) The purchase of such liabilities of the United States as may be presented by foreign governments for sale to the National Bank by said governments; ``The Federal government, however, may not create money supply by monetizing United States govenment debt. To ensure this, the total holdings by the National Bank of bills, notes, and bonds of the United States shall be set as an annual ceiling as of the enactment of this act. Said holdings may vary in size in the course of each year, but may not increase in size at the end of the year, following enactment of this act and at annual intervals thereafter, except as a result of purchases of official liabilities of the United States from foreign governments.'' {Sec. 4} Section 14 of the Federal Reserve Act of 1913 is hereby amended to read: ``Any regional branch of the National Bank may receive from any bank, and from the United States, deposits of current funds in lawful money, National Bank notes, Treasury bills or notes, or checks and drafts upon solvent U.S.-charted banks, payable upon presentation; or, solely for exchange purposes, may receive from other regional branches of the National Bank, deposits of current funds in lawful money; or checks and drafts upon solvement private banks or other branches of the National Bank, payable upon presentation.... ``Upon the endorsement of any U.S.-chartered bank, any branch of the National Bank may discount up to 50% of the face value of notes, drafts, and bills of exchange arising from the production of tangible wealth or capital improvements ... This shall be defined as the purchase of raw and intermediate materials and capital goods, construction of facilities, or employment of labor to produce or transport manufactured goods, agricultural commodities, and construction materials; to work mines; to build manufacturing, transportation, and mining facilities or dwellings; to produce and deliver energy in all forms; and to provide public utilities for communications. ``Such definition shall not include notes, drafts, bills, or loans issued or drawn for the purpose of conducting business except in the areas so defined, or for carrying on or trading in stocks, bonds, or other investment securities. ``Any National Bank branch may discount the full value of acceptances which are based on the exportation of goods, or 50% of the value of acceptances which are based on the importation of goods, provided that such goods conform to the restrictions set forth in the preceding paragraphs. ``All National Bank branches shall meet all such requests for discount of or participation in notes, drafts, bills, and loans made by U.S.-chartered banks, once the National Bank has determined that the purpose of such credit conform to the restrictions set forth above. There shall be no restrictions applied to such discounts in furtherance of tangible wealth creation on the basis of private banks capital positions... {Sec. 5} Section 19 of the Federal Reserve Act of 1913 is hereby amended to include the following: ``The above reserve requirements shall apply in the case that private banks maintain 60% of their total assets in the form of loans, bills, drafts, and advances to tangible weath-creating borrowers, of a type eligible for discount under Sec. 4 of this Act. For every 1 percent by which the bank's proportion of tangible wealth-creating assets falls below 60% of total assets, the National Bank shall require that banks place an additional 1 percent of demand deposits in reserve with the National Bank system. To permit orderly transition to this reserve rule, however, the formula shall apply only to new assets appearing on the balance sheets of banks after the date of enactment of this Act.'' For more information: Washington, D.C. 202-547-1492 Northern Virginia, 703-437-1266 Pittsburgh, PA 412-885-7270 Philadelphia, PA 215-734-7080 Baltimore, MD 301-247-4200 Norfolk, VA 804-531-2295 Richmond, VA 804-323-7462 Houston, TX 713-789-6900 Chicago, IL 312-907-4000 Detroit, MI, 313-942-0652 St. Louis, MO 314-961-6302 Minneapolis, MN 612-874-1860 Los Angeles, CA 213-259-1860 Livermore, CA 510-449-3622 Seattle, WA 206-362-9091 Ridgefield Park, NJ 201-641-8858 Boston, MA 617-380-4000 Paid for by Democrats for Economic Recovery, LaRouche in 92. P.O. Box 690, Leesburg, Virginia, 22075. ---- John Covici covici@ccs.covici.com