EXPANDING THE LIMITS OF POWER: The Federal Reserve and the Implementation of Functional Regulation in the Gramm‐Leach‐Bliley Era

Abstract

ABSTRACTResearch on bureaucratic behavior suggests that agencies are more likely to use the implementation process to extend their power and influence under particular circumstances. I argue that when an agency has been delegated considerable power by Congress, but provided only vague guidance on how to implement this authority, an atmosphere of uncertainty and competition is created. Under such a circumstance the agency will feel pressured to further extend its power in order to defend its regulatory turf against competitors and protect the authority it was delegated. I test this proposition by examining the behavior of the Federal Reserve as it implements the functional regulation provisions of the Gramm‐Leach‐Bliley Act. Evidence from the Federal Reserve's dealings with the Securities and Exchange Commission during the approval of the Schwab – U. S. Trust merger provides evidence that the Fed is indeed acting to extend its power and influence.