[House Hearing, 113 Congress] [From the U.S. Government Publishing Office] THE IMPACT OF THE VOLCKER RULE ON JOB CREATORS, PART II ======================================================================= HEARING BEFORE THE COMMITTEE ON FINANCIAL SERVICES U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED THIRTEENTH CONGRESS SECOND SESSION __________ FEBRUARY 5, 2014 __________ Printed for the use of the Committee on Financial Services Serial No. 113-62 ______ U.S. GOVERNMENT PRINTING OFFICE 88-524 WASHINGTON : 2014 ____________________________________________________________________________ For sale by the Superintendent of Documents, U.S. Government Printing Office, http://bookstore.gpo.gov. For more information, contact the GPO Customer Contact Center, U.S. Government Printing Office. Phone 202�09512�091800, or 866�09512�091800 (toll-free). E-mail, [email protected]. HOUSE COMMITTEE ON FINANCIAL SERVICES JEB HENSARLING, Texas, Chairman GARY G. MILLER, California, Vice MAXINE WATERS, California, Ranking Chairman Member SPENCER BACHUS, Alabama, Chairman CAROLYN B. MALONEY, New York Emeritus NYDIA M. VELAZQUEZ, New York PETER T. KING, New York BRAD SHERMAN, California EDWARD R. ROYCE, California GREGORY W. MEEKS, New York FRANK D. LUCAS, Oklahoma MICHAEL E. CAPUANO, Massachusetts SHELLEY MOORE CAPITO, West Virginia RUBEN HINOJOSA, Texas SCOTT GARRETT, New Jersey WM. LACY CLAY, Missouri RANDY NEUGEBAUER, Texas CAROLYN McCARTHY, New York PATRICK T. McHENRY, North Carolina STEPHEN F. LYNCH, Massachusetts JOHN CAMPBELL, California DAVID SCOTT, Georgia MICHELE BACHMANN, Minnesota AL GREEN, Texas KEVIN McCARTHY, California EMANUEL CLEAVER, Missouri STEVAN PEARCE, New Mexico GWEN MOORE, Wisconsin BILL POSEY, Florida KEITH ELLISON, Minnesota MICHAEL G. FITZPATRICK, ED PERLMUTTER, Colorado Pennsylvania JAMES A. HIMES, Connecticut LYNN A. WESTMORELAND, Georgia GARY C. PETERS, Michigan BLAINE LUETKEMEYER, Missouri JOHN C. CARNEY, Jr., Delaware BILL HUIZENGA, Michigan TERRI A. SEWELL, Alabama SEAN P. DUFFY, Wisconsin BILL FOSTER, Illinois ROBERT HURT, Virginia DANIEL T. KILDEE, Michigan MICHAEL G. GRIMM, New York PATRICK MURPHY, Florida STEVE STIVERS, Ohio JOHN K. DELANEY, Maryland STEPHEN LEE FINCHER, Tennessee KYRSTEN SINEMA, Arizona MARLIN A. STUTZMAN, Indiana JOYCE BEATTY, Ohio MICK MULVANEY, South Carolina DENNY HECK, Washington RANDY HULTGREN, Illinois DENNIS A. ROSS, Florida ROBERT PITTENGER, North Carolina ANN WAGNER, Missouri ANDY BARR, Kentucky TOM COTTON, Arkansas KEITH J. ROTHFUS, Pennsylvania Shannon McGahn, Staff Director James H. Clinger, Chief Counsel C O N T E N T S ---------- Page Hearing held on: February 5, 2014............................................. 1 Appendix: February 5, 2014............................................. 65 WITNESSES Wednesday, February 5, 2014 Curry, Hon. Thomas J., Comptroller of the Currency, Office of the Comptroller of the Currency.................................... 11 Gruenberg, Hon. Martin J., Chairman, Federal Deposit Insurance Corporation.................................................... 12 Tarullo, Hon. Daniel K., Governor, Board of Governors of the Federal Reserve System......................................... 8 Wetjen, Hon. Mark P., Acting Chairman, Commodity Futures Trading Commission..................................................... 14 White, Hon. Mary Jo, Chair, U.S. Securities and Exchange Commission..................................................... 9 APPENDIX Prepared statements: Moore, Hon. Gwen............................................. 66 Curry, Hon. Thomas J......................................... 67 Gruenberg, Hon. Martin J..................................... 80 Tarullo, Hon. Daniel K....................................... 98 Wetjen, Hon. Mark P.......................................... 105 White, Hon. Mary Jo.......................................... 110 Additional Material Submitted for the Record Ellison, Hon. Keith: American Banker article by Donald R. van Deventer entitled, ``Volcker is Right. Prop Trading Kills,'' dated February 20, 2012................................................... 118 Curry, Hon. Thomas J.: Written responses to questions submitted by Representatives Garrett, King, Ross, Fincher, Hultgren, Hurt, and Ellison.. 121 Gruenberg, Hon. Martin J.: Written responses to questions submitted by Representatives Garrett, Ellison, Luetkemeyer, Hurt, Hultgren, Fincher, Ross, and King............................................. 132 Tarullo, Hon. Daniel K.: Written responses to questions submitted by Representatives Fincher, Garrett, Hultgren, Hurt, King, Moore, and Ross.... 148 White, Hon. Mary Jo: Written responses to questions submitted by Representatives Hurt, Garrett, King, Ross, Fincher, and Hultgren........... 165 THE IMPACT OF THE VOLCKER RULE ON JOB CREATORS, PART II ---------- Wednesday, February 5, 2014 U.S. House of Representatives, Committee on Financial Services, Washington, D.C. The committee met, pursuant to notice, at 10:02 a.m., in room 2128, Rayburn House Office Building, Hon. Jeb Hensarling [chairman of the committee] presiding. Members present: Representatives Hensarling, Royce, Lucas, Capito, Garrett, Neugebauer, McHenry, Pearce, Posey, Luetkemeyer, Huizenga, Duffy, Hurt, Grimm, Stivers, Mulvaney, Hultgren, Ross, Pittenger, Wagner, Barr, Cotton, Rothfus; Waters, Maloney, Velazquez, Sherman, Meeks, Capuano, Lynch, Scott, Green, Cleaver, Ellison, Himes, Peters, Carney, Foster, Kildee, Murphy, Sinema, Beatty, and Heck. Chairman Hensarling. The committee will come to order. Without objection, the Chair is authorized to declare a recess of the committee at any time. This hearing is entitled, ``The Impact of the Volcker Rule on Job Creators, Part II.'' Members will recall that Part I was held on January 15th, when we heard from our private sector witnesses. Today, we will hear from the regulators who promulgated the rule. I now recognize myself for 5 minutes for an opening statement. During our last Volcker Rule hearing, I mentioned receiving correspondence from a constituent of mine, Joseph of Mabank, Texas, who wrote me, ``I am a disabled veteran. I have been without work for over a year. All I want is to have a good paying job.'' I receive way too many letters like this from folks like Joseph who are struggling to make ends meet, struggling in this struggling economy. There is William, who lives in Ben Wheeler, who says, ``I have been out of work for the longest time, since my teenage years.'' Tina from Canton wrote me, ``I haven't been able to find a job suitable for my family's needs.'' I do not recall a time, ever in my lifetime, when the challenges of upward mobility and economic opportunity for low- and moderate-income Americans have been greater. Not surprisingly, I also do not ever recall in my lifetime when the regulatory red tape burdens on our job creators in capital markets have been greater. I believe, as do most, that there is a clear, direct causal link between the two. Today's exhibit: the 932-page complex, confounding, confusing, and convoluted Volcker Rule. Like most of the other 400 rules in the Dodd-Frank Act, the Volcker Rule is aimed at Wall Street, but hits Main Street, and regrettably people like Joseph and William and Tina have become collateral damage. The Volcker Rule, I believe, remains a solution in search of a problem. Of the 450 financial institutions that failed during or as a result of the financial crisis, not one fell because of proprietary trading. In fact, financial institutions that varied their revenue streams were better able to weather the storm, keep lending, and support job growth. Instead, bank failures, as we all know, came largely from a concentration in lending in the poorly underwritten residential real estate and sovereign debt markets. And who helped steer them into these markets? Regrettably, Washington. Between Fannie Mae and Freddie Mac's affordable housing goals, the CRA, and our SRO designations, just to mention a few, Washington regulators regrettably incented and blessed it all. The great public policy tragedy of the financial crisis was not that Washington failed to prevent the crisis, but instead that Washington helped cause it. Now, with the Volcker Rule, Washington is doubling down on its catastrophic mistakes. With something as large, momentous, and as anticipated as the Volcker Rule, surely it must offer great benefits to our financial system. But what are they? Paul Volcker himself has said that proprietary trading was not a central cause of the crisis. Former Treasury Secretary Geithner has expressed a similar view. And I am unaware of any economist or regulator who has been able to quantify precisely the Volcker Rule's benefits. Many say the rule reduces risk in the financial system. That may be true. The studies that I have seen are mixed at best. And I remind everyone that without risk, there is no investment. Less investment means less capital formation. Less capital formation means fewer job opportunities for Joseph, William, and Tina, and the tens of millions who remain underemployed and unemployed in this economy. If Washington believes we need to remove more risk from the system, perhaps then we should concentrate on substantially outlawing mortgage risk, which is at the epicenter of the crisis, but arguably the CFPB's QM rule has largely accomplished that already. As the benefits of Volcker remain questionable, evidence is mounting that the cost will be enormous. There have been 18,000 comment letters, the vast majority of which have been negative, that ultimately the rule will be costly to hard-working American taxpayers. The Public Utility Commission in my native Texas has warned that the Volcker Rule threatens my constituents with ``higher and more volatile electricity prices.'' Then there are the regulators' own estimates which show that complying with Volcker will require 6.2 million hours. That is hours in capital which could have been devoted to growing our economy and creating more jobs. There is research out of Washington University that Volcker will take $800 billion out of our economy, the equivalent of $6,900 out of every American household's paychecks. There is ample testimony before our committee that companies will be faced with artificially higher borrowing costs and will be forced to hoard more cash. As the evidence has mounted, The Wall Street Journal has editorialized that the Volcker Rule creates ``a limitless supply of ambiguity.'' And The Economist has stated that the rule gives us ``less liquid markets, higher transaction costs, a weaker financial system, and, as usual, richer lawyers.'' Based on the evidence, it appears that the costs outweigh the benefits, but the regulators who promulgated the rule don't know for certain because none of the agencies conducted a cost- benefit economic analysis. In other words, they did not examine whether the Volcker Rule actually helps or hurts Joseph, William, Tina, or any of the others. Some say we need the Volcker Rule to hold Wall Street accountable. Wall Street must be held accountable, but Washington must be held accountable as well. Wall Street is going to make money with or without the Volcker Rule. It is Americans on Main Street, the people who sent us here, who are being hurt daily in the regulatory tsunami of Obamacare, Dodd-Frank, and now the Volcker Rule. This committee and this Congress must and should do better. The Chair now recognizes the ranking member, Ms. Waters, for 4 minutes. Ms. Waters. Thank you, Mr. Chairman. I would like to welcome our distinguished witnesses to today's hearing and thank them for working tirelessly to complete this crucially important rule. Thanks to their hard work, we are making progress toward a stronger, sounder financial system. It has been 5 years since the worst of the financial crisis. Our Nation is still taking stock of the causes and the damage done. Though we can't identify every cause of the crisis with absolute certainty, we do know that certain types of risky behavior were major contributors. One of these types of behavior was proprietary trading by big banks, of which we saw a significant increase in the buildup to the collapse. In fact, at the biggest banks, proprietary trading revenues steadily increased in the lead-up to the crisis as banks acquired massive positions in subprime mortgage-backed securities. These positions were tremendously profitable until the music stopped and the market for these securities crashed. And as we now know, losses from proprietary trading, among other factors, required taxpayers to step in to bail out the system. After the worst of the crisis, Congress enacted comprehensive Wall Street reform to ensure such an emergency would never happen again. Undoubtedly, a centerpiece of that reform was the Volcker Rule. I believe that a properly enforced Volcker Rule will protect American taxpayers from the consequences of risky bank behavior and make certain that banks insured by our Nation's citizens get back to the core business of making loans and financing our small businesses. To our regulators who are here today, I commend you for working together so closely to ensure we have the strongest, most workable rule possible. During this important rulemaking, you have sought feedback from stakeholders across the spectrum, poring through tens of thousands of comments and holding dozens upon dozens of meetings. At the same time, you have already worked quickly and effectively to address issues related to the rule that have come up in the last month, including the issue related to collateralized debt obligations (CDOs) backed by trust preferred securities (TruPS). I am very pleased with how you have managed to work collaboratively across your agencies. And given that the strong and consistent enforcement of the Volcker Rule is one of my top priorities, I am even more pleased that you have formed a working group which will allow your agencies to better coordinate on implementation of the rule across the financial sector. My understanding is that your agencies have already begun to work, holding an initial meeting to discuss coordination of responses and supervision of financial institutions. This type of cooperation is to be commended and is critical to ensuring that the agencies' implementation of the Volcker Rule is strong, coordinated, and effective. Simultaneously, I hope that your agencies will take advantage of the long lead-up time afforded to you to collect data from banking entities which will inform how best to coordinate enforcement. I would like to once again thank the witnesses for appearing before this committee today. I look forward to working with you to ensure our regulators are faithfully enforcing this rule, which is crucial to the success of the Wall Street Reform Act. I look forward to the witnesses' testimony, and I will yield 30 seconds to the gentlelady from New York. Mrs. Maloney. Thank you. And I thank the ranking member for yielding. And in all due respect to our chairman, I thank you for you calling this hearing, but when you said that the Volcker Rule is a solution in search of a problem, I would say that the Americans who suffered a $16 trillion loss in our economy, the loss of their homes, the loss of their jobs, and the loss of their savings are grateful that Congress acted in a way to try to prevent it in the future, and the Volcker Rule is an important part of the Dodd-Frank reform bill. Thank you for yielding. Chairman Hensarling. The time of the gentlelady has expired. The Chair now recognizes the gentleman from New Jersey, Mr. Garrett, the Chair of our Capital Markets Subcommittee, for 2\1/2\ minutes. Mr. Garrett. Thank you, Mr. Chairman. Nearly 3\1/2\ years after enactment of Dodd-Frank, the government's rulemaking assembly line continues to bury American job creators with an avalanche of red tape. And so today, we meet again to discuss yet another example of government rulemaking gone wrong, the so-called Volcker Rule. Instead of taking the time to address the causes of the financial crisis, such as oversubsidization of the housing market, and the Federal Reserve's failed regulatory monetary policy, Congress does come up with a solution in search of a problem: Exhibit A, the Volcker Rule, that tries to ban proprietary trading, which did not cause the financial crisis. And while the regulators here today had no choice but to draft this rule, they appear to have made the situation worse by failing to coordinate with each other and by ignoring the legal requirements for agency rulemaking. For example, despite receiving over 19,000 comment letters, and making significant changes to the Volcker Rule, the regulators failed to repropose the new rule for public comment. As a result, regulators are already being asked to address, after the fact, a variety of problems with the rule that threaten the ability of American companies to grow and make jobs. The regulators also failed to support the Volcker Rule with an adequate economic analysis, as required by law. Without this basic analysis, we really don't know the detrimental effect it will have on the economy and those who invest in it. This is simply unacceptable. Another major concern is that banking regulators were very selective and counterproductive in the use of safety and soundness authority. They had no problem concocting a rationale to exempt potentially very risky foreign sovereign debt that could actually make banks less safe and sound, but they have refused to use the same authority to exempt CLOs from the rule, a move that actually makes them safer. Not to mention the fact that Congress never intended for CLOs to be covered in the first place. Last, but not least, there is the apparent inability of the regulators to cooperate and coordinate during this process, with one news report indicating that regulators agreed to negotiate the rule ``only when tempted by fast food fried chicken.'' This, coupled with the agencies issuing a separate release and setting different implementation deadline, raises the troubling question of how the Volcker Rule is going to be implemented and enforced in a rational and coherent manner. All of this combined, Mr. Chairman, given all these problems, I believe it is time to seriously consider consolidating some of these agencies, perhaps creating a more streamlined, efficient, and accountable financial regulatory system. I yield back. Chairman Hensarling. The time of the gentleman has expired. The Chair now recognizes the gentleman from Michigan, Mr. Peters, for 2 minutes. Mr. Peters. Thank you, Mr. Chairman. And I would like to thank our witnesses for being here today and for all of your work in overseeing our financial system. I was first elected in 2008, during the very height of the financial crisis, and it was a very frightening time. Our Nation was shedding over 800,000 jobs per month. In my home State of Michigan, there were very real fears that this crisis would bring about the liquidation of General Motors and Chrysler. But now American automakers are creating jobs and are boosting sales, and our financial regulators are implementing the historic Dodd-Frank law, and our economy is growing. We can't go backwards. We can't go back to allowing the use of government-insured money to make highly speculative bets on prior bets and then again on other bets. These highly complex and speculative derivatives and other practices threatened the entire financial system. We can't go back to shedding millions of middle-class jobs because of Wall Street overreach. American markets allocate capital more efficiently than anywhere else in the world, and I look forward to hearing how our regulators are balancing the need to protect investors while maintaining robust access to capital for entrepreneurs. I yield back my time. Chairman Hensarling. The Chair now recognizes the gentlelady from West Virginia, the Chair of our Financial Institutions Subcommittee, Mrs. Capito, for 1\1/2\ minutes. Mrs. Capito. Thank you, Mr. Chairman. And I want to thank our witnesses for being here with us today. Two months ago, the agencies testifying before our subcommittee released the final Volcker Rule. Since the announcement of the final rule, this committee's members have been inundated with concerns about the effect this complex rule--although the original intent of the rule was to limit trading activities of the largest banks, the final rule is having a measurable impact on Main Street businesses and financial institutions. Shortly after the rule's release, bankers in West Virginia reached out to me with concerns about their ability to hold certain securities under the new rule. They feared that the rule's requirement to divest certain assets would force them to take immediate write-downs. This would have had to occur within 2 or 3 weeks before the end of the calendar year. The agencies reacted and issued an interim rule on January 14th that provided some clarity on the ability of banks to invest in collateralized debt obligations backed by trust preferred securities. But questions still do remain. Although this interim rule is a step in the right direction, the majority of confusion could have been avoided if there had been a public comment on this section of the rule. No one discounts the complexity of the rule and the probability that there would be significant unintended consequences. Unfortunately, what we are left with is a situation where the only way for the public to comment on these policies is to file lawsuits or engage Congress. This is a disservice to the rulemaking process and the public. I urge the witnesses here today and the agencies they represent to swiftly address these outstanding issues. And I thank you for coming before the committee today. Chairman Hensarling. The ime of the gentlelady has expired. The Chair now recognizes the gentleman from Georgia, Mr. Scott, for 2 minutes. Mr. Scott. Thank you very much, Mr. Chairman. First of all, the Volcker Rule is very important. It does a very important thing in terms of protecting proprietary trading. But there is an area we need to look very carefully at, and that is the handling of what are known as CLOs. My understanding is that CLOs are products which help provide large amounts of credit to small businesses. They are debt securities, and they performed well through the greatest financial crisis of our time, and they continue to perform well. They are not toxic. They didn't cause the problem. Banks bought this CLO debt because they were prudent investments which offered a reasonable rate of return. And included among these banks are numerous small and regional and community banks. But here is the rub in this: Because of interpretation of the final rules of Volcker, of implementing Volcker, these same banks could very well face a situation where they have to dump $80 billion worth of this debt in a fire sale. If these banks get 90 cents on the dollar back, we are talking about wiping out $8 billion of bank capital only because of what is conceived to be overly broad rulemaking. So it is my hope that in this discussion today we can have a clear understanding of the interaction of CLOs, why this is taking place, and how we can exercise the situation so that it helps our financial system and not put it in sort of a straightjacket here. Thank you, Mr. Chairman. Chairman Hensarling. The gentleman yields back. The Chair now recognizes the gentleman from North Carolina, Mr. McHenry, the Chair of our Oversight and Investigations Subcommittee, for 1 minute. Mr. McHenry. In the last 3\1/2\ years, mounting evidence affirms that Dodd-Frank's more than 400 rules continue to miss the mark. At its core, Dodd-Frank irresponsibly disregards the causes of the financial crisis, namely, Fannie and Freddie, failed prudential regulation, and off balance sheet vehicles. Also, instead of explicitly implementing regulations which not only codified Dodd-Frank's taxpayer-funded bailouts, but also recklessly impeded our economic growth and our international competitiveness. In December, the hasty implementation of the Volcker Rule upheld Dodd-Frank's dangerous reputation when all five regulators refused to subject the rule to rigorous economic analysis. By refusing to repropose the rule, the Obama Administration and the regulators here today at this hearing have gambled on an economically unproven rule that does not get to the root of the last financial crisis and may, in fact, be at the root of the next one. Chairman Hensarling. The time of the gentleman has expired. The Chair now recognizes the gentleman from Minnesota, Mr. Ellison, for 2 minutes. Mr. Ellison. Thank you, Mr. Chairman. I want to congratulate you, the regulators, for your outstanding collaborative and collective effort to implement the Volcker Rule. It is a major step toward ensuring that Americans will not be called upon again to repeat expenditures like the Troubled Asset Relief Program (TARP). TARP was a $700 billion investment which was passed in 2008. It buoyed more than 800 financial institutions during the financial crisis. The Volcker Rule will also stop high-risk investment trading, such as JPMorgan Chase's (JPMC's) London Whale, the enormous investment by JPMC's investment division, which resulted in the loss of more than $6 billion. The creation of the new traffic laws for Wall Street is complicated, and we must all pay attention to your regulatory agencies' move forward with implementation and enforcement. I strongly support robust regulation, which means that I want to see greater funding for the SEC and the Commodity Futures Trading Commission (CFTC). Of course, I urge our regulators here to be open and receive comment, as you so amply have. But I appreciate your efforts over the past few years to improve the rules of the road for the financial markets to reduce volatility and generate economic activity. You have achieved this in your balanced and clear rule. And I want to say that for the many people who act as if we did not have a catastrophic financial crisis just a few years ago, and behave as though you just started writing rules all on your own accord, I sympathize with the frustration you must feel with that. But at the end of the day, I think we have a safer financial system because of the efforts that you have put forward. Thank you. Chairman Hensarling. The gentleman yields back. Today, we welcome the heads of the five regulatory agencies that have developed, promulgated, and voted to approve the Volcker Rule. First, the Honorable Daniel Tarullo, who is a Governor on the Board of Governors of the Federal Reserve System, a position he has held since 2009. Previously, he served as a professor of law at Georgetown, and a senior fellow at the Council of Foreign Relations and the Center for American Progress. The Honorable Mary Jo White currently serves as the Chair of the U.S. Securities and Exchange Commission, a position to which she was confirmed last April. Before that appointment, Ms. White served as the U.S. Attorney for the Southern District of New York. The Honorable Thomas Curry was sworn in as the Comptroller of the Currency in April of 2012. Prior to his service at the OCC, Mr. Curry served as a Director of the FDIC, and he is chairman of the NeighborWorks America board of directors. Martin Gruenberg is the Chairman of the Federal Deposit Insurance Corporation, a position he has held since 2012. We welcome him back to Capitol Hill. He previously served on the Senate Banking Committee for Senator Sarbanes, clearly not as prestigious as having served as a staffer on the House Financial Services Committee, but we welcome you back to the Hill nonetheless. Last, but not least, Mark Wetjen currently serves as the Acting Chairman of the Commodity Futures Trading Commission. He has been a CFTC Commissioner since October 2011. We welcome him back to the Hill, as well. He too bears the burden of being a former Senate staffer of the Senate Banking Committee. Without objection, each of your written statements will be made a part of the record. Each of you should be familiar with the system of our green, yellow, and red lighting system. I would ask that each of you observe the 5-minute rule. Mr. Tarullo, you are now recognized for a 5-minute summary of your testimony. STATEMENT OF THE HONORABLE DANIEL K. TARULLO, GOVERNOR, BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM Mr. Tarullo. Thank you very much. Chairman Hensarling, Ranking Member Waters, and members of the committee, I appreciate the opportunity to testify on the final interagency regulation implementing the Volcker Rule. With respect to this and all other provisions of the Dodd- Frank Act, the goal of the Federal Reserve is to implement the statute in a manner that is faithful to the language of the statute and that maximizes financial stability and other social benefits at the least cost to credit availability and economic growth. The basic approach of the final rule is generally consistent with that adopted in the proposed rule. But the many comments we received helped us make useful changes and clarifications throughout the final rule. Also, of course, the London Whale episode allowed staff to test the procedural and substantive requirements of the proposed rule against a real- world example of what should not happen in a banking organization. The final rule has been modestly simplified from the 2011 proposal, particularly the portion dealing with proprietary trading. Much of the remaining complexity lies in the parts of the rule dealing with covered funds, which are driven largely by the specific requirements of the statute. Because the proprietary trading part of the regulation tries to steer a middle course between one-size-fits-all requirements on the one hand and very specific requirements for all kinds of covered activity on the other, implementation will be particularly important in continuing to shape the Volcker Rule. We have extended the conformance period until July 2015 so as to allow the agencies more time to collect relevant data from large banking organizations and develop additional guidance, and to allow firms more time to put appropriate internal mechanisms in place. For example, the metrics to be reported by the largest banking organizations will help firms and regulators distinguish prohibited proprietary trading and high-risk trading strategies from legitimate market making, while taking account of the differences in particular markets and instruments. More generally, one would expect that a good many of the uncertainties will be reduced over time as both banking entities and regulators gain experience with this new regulatory framework. Of course, to reach this point, the five agencies represented here will need to coordinate their work. Because the bulk of the activities encompassed by the statute take place in U.S. broker-dealers and national banks, entities for which the Federal Reserve is not the primary supervisor, we will have a somewhat lesser role in the Volcker Rule implementation process. But we still have an important role to play. Shortly after adopting the Volcker Rule, the five agencies agreed to create an interagency working group to help ensure consistency in application of the final rule to banking entities within their respective jurisdictions. That group has already begun to meet. Finally, I would note that the Volcker Rule alone cannot assure the safety and soundness of trading operations. It is critical that all our agencies take an approach in monitoring constraining attendant risks in our largest financial institutions that is consistent with these broader safety and soundness aims. Capital regulation remains at the core of that comprehensive approach. Thank you for your attention, and I would be pleased to answer any questions you may have. [The prepared statement of Governor Tarullo can be found on page 98 of the appendix.] Chairman Hensarling. Chair White, you are now recognized. STATEMENT OF THE HONORABLE MARY JO WHITE, CHAIR, U.S. SECURITIES AND EXCHANGE COMMISSION Ms. White. Thank you very much, Chairman Hensarling, Ranking Member Waters, and members of the committee. Thank you for inviting me to testify about the final rule implementing Section 619 of the Dodd-Frank Act, commonly referred to as the Volcker Rule, adopted under the Bank Holding Company Act on December 10th by the Federal banking agencies, the SEC, and the CFTC. The final rule carries out the mandate of Congress. The rule reflects an extensive effort by all five agencies to design a regulatory framework that is consistent with the language and purpose of the statute and that preserves diverse and competitive markets. Throughout the rulemaking process, Commission staff played a critical, constructive, and collaborative role, bringing its expertise to bear as a regulator of markets, market intermediaries, asset managers, and investment funds. The Commission, like the other agencies, received and reviewed thousands of comment letters on the statutory mandate and the proposed rules, and met with numerous market participants and other interested parties. The comments covered a wide spectrum of issues, including concerns about potential negative market and other economic impacts, as well as risks of evasion. The Commission, together with the other agencies, carefully considered and responded to these comments with a final rule that reduces the potential impacts on markets while also addressing concerns about evasion of the statutory requirements through a robust compliance program. It was very important, in my view, that all five agencies adopt the same rule under the Bank Holding Company Act and to apply and implement the rule consistently based on continuing consultation and collaboration. In developing and issuing the rule, Section 619 of the Dodd-Frank Act imposed on all of the agencies obligations of coordination, consistency, and comparability. Market participants, investor advocates, and others also all called for a common rule that would be consistently applied. While the final rule in many respects is similar to the proposed rule, there are a number of changes which relate to areas of the Commission's expertise that I would just like to very briefly highlight. The first area is the statutory exemptions from the ban on proprietary trading for market making and underwriting, which are necessary activities for raising capital and the healthy functioning of the U.S. markets. The final rule takes a measured but robust approach, benefitting from a consideration of commenter views on potential unintended market impacts, particularly with respect to liquidity and off-exchange markets. Another area is the implementation of the statutory provisions limiting the ability of banking entities to sponsor or invest in hedge funds and private equity funds. Responding to extensive comments, the final rule refines the definition of a covered fund to exclude certain entities, such as operational subsidiaries and joint ventures, which do not present the same risks as the covered funds targeted by the statute. A third area relates to the cross-border scope of the proposed rule, which is and was the subject of a number of comments focused on the potential competitive impacts and effects on liquidity. The final rule provides that so long as the trading decisions and principal risks associated with the activities of the foreign banking entity are located outside the United States, a foreign banking entity may trade with U.S. entities, subject to certain conditions. The approach is designed to limit the risk to the United States arising from proprietary trading by foreign banking entities while creating a reasonable competitive parity between domestic and foreign banking entities and helping to ensure that U.S. investors can continue to benefit from liquidity provided by foreign banking entities. As we move forward, we must be alert to both unintended impacts and regulatory loopholes. We also appreciate that market participants will have an ongoing need for guidance regarding questions that will arise as they seek to comply with the final rules. To address these questions and concerns, as you have heard, the agencies have formed an interagency working group that will meet regularly to coordinate the agencies' interpretations and implementation of the rule on a going- forward basis. Thank you for providing me the opportunity to testify today. I would be pleased to respond to questions. [The prepared statement of Chair White can be found on page 110 of the appendix.] Chairman Hensarling. Comptroller Curry, you are now recognized for 5 minutes. STATEMENT OF THE HONORABLE THOMAS J. CURRY, COMPTROLLER OF THE CURRENCY, OFFICE OF THE COMPTROLLER OF THE CURRENCY Mr. Curry. Chairman Hensarling, Ranking Member Waters, and members of the committee, thank you for the opportunity to testify today on the Volcker Rule. As you are aware, on December 10th, 2013, the OCC was one of five agencies that adopted a final rule to implement the requirements of Section 619 of the Dodd-Frank Act, known as the Volcker Rule. Consistent with the statute, the rule prohibits banking entities from engaging in proprietary trading and strictly limits their ability to invest in hedge funds or private equity funds. However, the rule does permit banks to continue engaging in important financial activities such as market making, underwriting, risk-mitigating, hedging, and trading in government obligations. The rule is designed to preserve market liquidity and allow banks to continue to provide important services for their clients while tailoring the compliance requirements to the size of the bank and the complexity of its activities. In developing the final rule, we carefully considered more than 18,000 comments. Commenters raised significant and complex issues. They also provided thoughtful, although sometimes conflicting recommendations. My written statement describes several of the changes that the agencies made to the final rule in response to these comments. For example, some of the changes were designed to clarify how banks can continue to use hedging activities to reduce specific risks. Other changes were made to narrow the scope of funds covered under the rule. While the statute applies to banks of all sizes, not all banks perform the activities that present the risks the statute sought to address. Throughout the rulemaking, the OCC worked to minimize the burden the rule would place on community banks. I am pleased that under the final rule, community banks which trade only in certain government obligations have no compliance requirements whatsoever. Moreover, community banks which engage in low-risk activities will be subject to minimal requirements. On an issue of particular importance to community banks and members of this committee, we also recently clarified that banks could continue to own collateralized debt obligations backed by trust preferred securities in a way that is consistent with the Collins Amendment to the Dodd-Frank Act. By contrast to expectations for community banks, the rule will require significant changes at large banks which engage in trading in covered fund activities. Most large institutions have been preparing for these changes since the statute became effective in July 2012 and have been shutting down impermissible proprietary trading operations. Now that the final rule has been released, large banks will need to bring their trading and covered fund activities into compliance during the conformance period, which runs through July 21, 2015. Large banks will be subject to enhanced compliance requirements, which will include detailed policies, procedures, and governance processes. The CEOs of every bank subject to these enhanced compliance requirements must also provide annual attestations about their compliance programs. In addition, the largest trading bank will begin reporting on seven categories of metrics this summer. At the OCC, we are committed to maintaining a robust program to assess and enforce banks' compliance with the Volcker Rule. We are developing examination procedures and training to help our examiners assess whether banks are taking appropriate action to bring their trading activities and investments into conformance with the rule. I am mindful of the need to ensure that the agencies provide consistency in the application of the rule itself. For this reason, the OCC led the formation of an interagency working group to respond to and collaborate on key supervisory issues which arise under the rule. I am pleased to also report that the interagency group held its first meeting in late January and will continue to meet on a regular basis to discuss application and enforcement of the rule. Thank you again for the opportunity to appear before the committee today, and I am more than happy to answer your questions. Thank you. [The prepared statement of Comptroller Curry can be found on page 67 of the appendix.] Chairman Hensarling. Chairman Gruenberg, you are now recognized for 5 minutes. STATEMENT OF THE HONORABLE MARTIN J. GRUENBERG, CHAIRMAN, FEDERAL DEPOSIT INSURANCE CORPORATION Mr. Gruenberg. Chairman Hensarling, Ranking Member Waters, and members of the committee, I appreciate the opportunity to testify today on behalf of the FDIC on the regulations to implement Section 619 of the Dodd-Frank Act, also known as the Volcker Rule. Mr. Chairman, I realize this may be one of those occasions where everything may have already been said, but not everyone said it. So I will try to be brief. The purpose of the Volcker Rule is to limit certain risky activities of banking entities that are supported by the public safety net, whether through deposit insurance or access to the Federal Reserve's discount window. In general, the rule prohibits banking entities from engaging in proprietary trading activities and places limits on the ability of banking entities to invest in or have certain relationships with hedge funds and private equity funds. After extensive interagency deliberations and careful analysis of the 18,000 comments received in response to the proposed regulation, the FDIC, along with the other agencies represented here today, adopted the Volcker Rule last December. The final rule is consistent with the proposed rule and reflects changes made in response to the substantive comments received during the rulemaking process. The proprietary trading restrictions of the rule seek to balance the prudential restrictions of the Volcker Rule while preserving permissible underwriting, market-making, and risk- mitigating hedging activities. The final rule also provides other exemptions from the proprietary trading prohibition, such as trading on behalf of a customer or in a fiduciary capacity. Perhaps the most challenging and complex of these exemptions has been the exemption for market-making activities. Under the final rule, the market-making exemption has been modified to reduce operational complexity and uncertainty for banking entities and at the same time to increase management accountability for ensuring that the requirements of the exemption are met. With respect to the risk-mitigating hedging exemption, the requirements of the exemption are generally designed to ensure that the banking entity's hedging activity is limited to risk mitigating hedging in purpose and effect. For instance, hedging activity must be designed to demonstrably reduce or significantly mitigate specific identifiable risks of individual or aggregated positions of the banking entity. The final rule also prohibits banking entities from owning and sponsoring hedge funds and private equity funds, referred to in the final rule as covered funds. Commenters frequently noted that including all commodity pools as covered funds, as originally proposed, would be overly inclusive. The agencies broadly accepted this suggestion from commenters, resulting in a final rule that focuses the definition of covered funds on those commodity pools which have characteristics that are more closely aligned to those of a hedge fund or private equity fund. Also in response to concerns raised by commenters, the final rule provides compliance requirements that vary based on the size of the banking entity and the amount of covered activities it conducts. For example, the final rule imposes no compliance burden on banking entities that do not engage in activities that are covered by the Volcker Rule. We also recognize, as has been noted, that clear and consistent application of the final rule across all banking entities will be extremely important. To help ensure this consistency, the five agencies have formed an interagency Volcker Rule Implementation Working Group. The group has begun meeting and will meet regularly to address reporting guidance and interpretation issues to facilitate compliance with the rule. Mr. Chairman, that concludes my statement, and I will be happy to respond to questions. [The prepared statement of Chairman Gruenberg can be found on page 80 of the appendix.] Chairman Hensarling. Thank you. And now, Chairman Wetjen, you are recognized for 5 minutes. STATEMENT OF THE HONORABLE MARK P. WETJEN, ACTING CHAIRMAN, COMMODITY FUTURES TRADING COMMISSION Mr. Wetjen. Thank you, and good morning, Chairman Hensarling, Ranking Member Waters, and members of the committee. I am pleased to join my fellow regulators in testifying today. As this committee is well aware, the Commodity Futures Trading Commission was given significant rulemaking responsibilities through passage of the Dodd-Frank Act. The Commission has substantially met those responsibilities, with only a few rulemakings remaining. As a result, nearly 100 swap dealers have registered with the Commission. Counterparty credit risk has been reduced through the Commission's clearing mandate. And pre- and post-trade transparency in the swaps market exists where it did not before. In recent weeks, the Commission finalized the Volcker Rule, which was one of our last major rules under Dodd-Frank. The Commission's interest here, however, is relatively limited regarding the scope of and number of entities subject to its jurisdiction. I will now address some of the specific topics of interest that the committee identified before today's hearing. A notable hallmark of the Volcker Rulemaking effort was that the market regulators went beyond the congressional requirement to simply coordinate. In fact, the Commission's final rule includes the same substantive rule text adopted by the other agencies. Building a consensus among five different government agencies was no easy task, and the level of coordination on this complicated rulemaking was exceptional. More than 18,000 comments addressing numerous aspects of the proposal were submitted to the rule-writing agencies. Commission staff hosted a public roundtable on the proposed rule and met with a number of commenters. Through weekly interagency meetings, along with more informal discussions, Commission and other agency staff carefully considered the comments in formulating the final rule. The agencies were responsive to the comments when appropriate, which led to several changes from the proposed Volcker Rule. I would like to highlight just a few. The final Volcker Rule included some alterations to certain parts of the hedging exemption requirements found in the proposal. For instance, the final rule requires banking entities to have controls in place to their compliance programs to demonstrate that hedges would likely be correlated with an underlying position. The final rule also requires ongoing recalibration of hedging positions in order for the entities to remain in compliance. Additionally, the final rule provides the hedging related to a trading desk's market-making activities is part of the trading desk's financial exposure, which can be managed separately from the risk-mitigating hedging exemption. Another modification to the proposal was to include under covered funds only those commodity pools that resemble, in terms of the type of offering and investor base, a typical hedge fund. With respect to the more recent interim final rule relating to TruPS, the Commission last month quickly and unanimously adopted it in an effort to assist community banks. This response was another example of the Commission responding promptly to compliance challenges presented to it and also demonstrated the enduring commitment of all the agencies here to ongoing coordination. Compliance with the Volcker Rule, including the reporting of key metrics, will provide the Commission important new information that will buttress its oversight of swap dealers and Futures Commission merchants, which are entities registered with the Commission that are subject to the rule. To ensure consistent, efficient implementation of the Volcker Rule, the agencies have established an implementation task force. One of the Commission's goals for this task force will be to avoid unnecessary compliance and enforcement efforts by the agency. Indeed, this goal is one of necessity for the Commission. Our agency remains resource constrained and cannot reasonably be expected to effectively police compliance to the fullest extent. To be effective, the Commission's oversight of these registrants requires technological tools and staff with expertise to analyze complex financial information. The Commission needs additional funding to deploy a basic nonduplicative oversight regime consistent with the rule. The Commission also is analyzing whether it can leverage the use of self-regulatory organizations, such as the National Futures Association, to assist with its responsibilities under the Volcker Rule. Additionally, I have directed the staff to examine whether new authorities are needed for the Commission to appropriately enforce the Volcker Rule. Because the rule was authorized under the Bank Holding Company Act, the Commission night need additional rulemaking in order to best respond to violations by swap dealers and FCMs. I will be glad to keep this committee informed about the results of that analysis. Regarding this committee's stated interest in the Volcker Rule's impact on market liquidity, it is important to note that the final rule closely follows the statutory mandate. In other words, the rule strikes an appropriate balance in prohibiting banking entities from engaging in the types of proprietary trading that Congress contemplated while protecting liquidity and risk management through legitimate market-making and hedging activities. Before and after the compliance dates for the Volcker Rule take effect next year, the Commission will continue its surveillance of the derivatives markets and monitor for any liquidity impacts brought by this rule or other causes as the swap market structure evolves. Thank you for inviting me today, and I would be happy to answer any questions. [The prepared statement of Acting Chairman Wetjen can be found on page 105 of the appendix.] Chairman Hensarling. I thank each of our panelists. The Chair now recognizes himself for 5 minutes. I want to start out doing something that I rarely do at these hearings, and that is to sympathize with the panel of regulators. How one goes about trying to reconcile permissible market making with impermissible proprietary trading quite easily could be the topic of the next ``Mission Impossible'' movie. So, I get that. But you did volunteer for the job. Looking at your testimony, Governor Tarullo, you said that trades could be either permissible or impermissible depending on the intent of the trade or the context and circumstances within which the trades are made. While the final rule issued by the agencies articulates standards for making those distinctions, those standards will be given meaning as they are applied by banking entities and supervisors in the field. Assuming you don't take issue with yourself, do any of the other panelists take issue with Governor Tarullo's statement? If not, I guess here is my question, or perhaps it is more of a comment. It seems to me that in many respects we still don't have a final rule, because it really depends upon the discretion of those in the field, particularly applying to one's intent. And I just want to say for the benefit of our committee, this isn't the rule of law, and this is one of the reasons that we will continue to have a chilling effect, I believe, on many corporate bond markets. Now, I know under the statute--and, again, the statute forces you to do many things that you may not otherwise feel are logical--exemptions are granted from the Volcker Rule, the Treasury Securities agency debt like Fannie and Freddie, and municipal securities as well. So we know that regrettably Detroit has gone belly up, and at least the last public proposal that I have seen offers creditors pennies on the dollar of their $11.5 million of unsecured debt. I woke up today and saw the headline in The Wall Street Journal, ``Puerto Rico Debt Cut to Junk Level.'' And so, would anybody on the panel argue that our banks are safer and sounder or our financial system is more stable if our banks trade and hold Puerto Rican and Detroit debt as opposed to General Electric, Southwest Airlines, and Home Depot? And although I haven't checked the latest ratings, the last I looked, they were all AAA or AA. Does anyone wish to posit safety and soundness or greater stability? Seeing none, I would ask this question. Under Section 619 of Dodd-Frank, we list a number of financial products which are exempt from the proprietary trading ban, but not included in that list are explicit exemptions for certain sovereign debt obligations. Now, you as a group have chosen to provide that. I assume that is done under Section 13, where I read, as long as it would ``promote and protect safety and soundness of the banking entity and the financial stability of the United States.'' So Santander Bank, which is a U.S. bank holding company, is a wholly owned subsidiary of the Spanish Santander Group. They are going to be eligible under your rule. This isn't what Congress did. And by the way, just because Congress makes a mistake, that doesn't mean you have to make one. But now the U.S. bank holding company is going to be able to trade in Spanish debt currently rated Baa3 by Moody's, the lowest rating before junk status. Also included in your exemption is that the same bank can proprietarily trade in the debt of every political subdivision of Spain, including Valencia, which I believe is known more for its great paella than its great bond offerings. They are currently rated B1, which according to Moody's is junk status and ``should be judged as being speculative and a high credit risk.'' So how can Santander Bank's ability to proprietarily trade in Spanish debt and the debt of Valencia, Spain, ``promote and protect the safety and soundness of Santander Bank and the financial stability of the United States?'' Who would like to answer that? Governor Tarullo, would you like to answer the question? Mr. Tarullo. Just a couple of clarifying points. One, we do need to bear in mind that the prohibitions in the Volcker Rule with respect to trading, remember, are for short-term trading. The Volcker Rule does not determine what kind of instruments a depository institution or another affiliate within a bank holding company can or cannot hold. It was for that reason, by the way, I put in that point about capital at the end of my prepared remarks, because our rules, the rules, that is, of the FDIC, the OCC, and the Fed will require capital set-asides for any assets held by the financial institutions, and those capital set-asides, of course, are determined with respect to the relevant riskiness. Chairman Hensarling. Regrettably, I see my time is way expired, but you are still showing a bias in favor of Spanish debt over U.S. companies through your rule. The Chair now recognizes the ranking member for 5 minutes. Ms. Waters. Thank you very much, Mr. Chairman. Mr. Tarullo, on page 2 of your testimony, while still in the first paragraph, you said, also, of course, the London Whale episode allowed staff to test procedural and substantive requirements of the proposed rule against a real world example of what should not happen in banking organizations. The JPMorgan London Whale trade is a textbook example of how a hedge can actually be a proprietary trade. In the course of just a few months, JPMorgan lost more than $6 billion through complicated swaps transactions. Is it correct that the Volcker Rule would prevent these so- called hedges in the future? Would you explain how the Volcker Rule attempts to prevent the next London Whale? Mr. Tarullo. Congresswoman Waters, I think there are two ways in which the rule would be responsive to what we saw transpire in the London Whale episode. The first is procedural; that is to say that one of the things that has been reported about the London Whale episode is that the risk management lines of authority and the relative amount of risk assessment and documentation of risk that were done were not in accord with what the Volcker Rule would require. Essentially, the Volcker Rule says if you have something which is supposed to be a hedge, you have to document that it is a hedge, and that documentation not only provides the regulators with the opportunity to oversee the implementation of the rule, it allows the risk management officials of the financial institution itself to have a better handle on the various trades that are taking place throughout the organization. So in that respect, I think there is a substantial confluence of interest of the regulators and the ultimately responsible risk managers of a firm. The second is the substance of the situation, where anything can be characterized as a hedge if you work hard enough at it. And what the rule is intended to do, and I think with the kinds of changes that some of my colleagues describe does a better job of doing than maybe the proposed rule did, is to make sure that trades that are supposed to be hedges on existing positions do not take on more risk that previously didn't exist. And that, in fact, of course is what happened with many of the trades involved in the London Whale. So the short answer is, on both procedural and substantive grounds, it would be responsive to that episode. Ms. Waters. Thank you very much. Mr. Gruenberg, compliance with the Volcker Rule will largely be judged by a bank's compliance with their own internal policies and procedures, which they will be permitted to devise. Yet we know from past experience that banks have sometimes not complied with their own internal policies. Just look at examples of money laundering, and robo signing of foreclosure documents. How can Congress ensure that the rule is being faithfully implemented by your agencies and banks, and that banks are being held to compliance with their own policies and procedures? Mr. Gruenberg. Congresswoman, I think compliance and enforcement of compliance in many ways is the central issue relating to implementation of the Volcker Rule. The Volcker Rule establishes some prohibitions, but the real key to it is going to be oversight, supervision, and enforcement of the compliance requirements. And as we know, the activities prohibited by Volcker are largely concentrated in the largest financial institutions, which is why the compliance requirements of the rule are very much focused on the larger institutions. And for those larger institutions, they will have detailed reporting and recordkeeping and a set of other requirements, including metrics reporting for their activities, so we will be able to monitor the operations of the companies across-the-board. But all of that is ultimately going to depend on vigorous oversight and supervision by the agencies as well. And I think that is why we have made a point of establishing this working group, and I think--and you can ask each of the people at the table here--the commitment to effective enforcement is really going to be the key to implementation here. Ms. Waters. Mr. Curry, once the Volcker Rule has been implemented and operational for 7 years, what demonstrable factors should Congress be able to look at in order to see that the rule is working as intended? Mr. Curry. I think we will find from our oversight and regular examination and supervision of the institutions whether in fact they have complied in terms of the compliance procedures they are monitoring and the effectiveness of their metrics that are required under the rule itself. We will also be taking advantage of the conformance period to test both the institution's procedures and our own internal examination procedures as we proceed with the rule. Ms. Waters. Thank you. I yield back. Chairman Hensarling. The Chair now recognizes the gentleman from New Jersey, Chairman Garrett, for 5 minutes. Mr. Garrett. Sure. Thanks, Mr. Chairman. Chairman Gruenberg, good morning. So following up along the lines of the chairman here, as he has indicated, the Volcker preamble states that regulators have the ability to use safety and soundness authority to exempt certain foreign and sovereign debt. As he pointed out, there is certain debt, such as Greece and Spain, that is extremely risky, and about which we should be highly concerned. And one can make the case that by doing so, you are actually making some of these institutions less safe and less sound by allowing them to do this. On the other hand, when it comes to addressing the problems in the CLO market, the preamble also states that you could have used your safety and soundness authority to address the concerns that have been raised here, and if you don't, then banks will be forced to fire-sale some of their legacy CLO holdings. This could drive down the prices, it could hurt the markets, and it could hurt those banks and make them less safe and sound than they are right now. And this is not a hypothetical that I am saying here. I have with me a letter from the First Federal Savings Bank of Elizabethtown, Kentucky. They are a small bank, $850 million in assets, so they are not the real target of the Volcker Rule. The letter states that they are still recovering from the financial crisis, they have new management, and they finally got some income, around $3 million. However, the letter goes on to say, and this is important: ``The application of the final rules could result in the severe erosion of our already thin tangible common equity that was so severely depleted during the credit crisis. It is hard to understand, as a management team that was able to take a financial institution through the darkest days of the financial crisis, why we should be presented with another existential threat based solely on an arbitrary and expansive interpretation of the final rule.'' So why are you using the safety and soundness argument on the one hand to allow for Greek and Spanish debt, but in a case like here, a good little bank that is trying to come out from under water, you are now imposing an existential threat on them and potentially putting them out of business? And this was, of course, not the intention of Congress. Mr. Gruenberg. Congressman, I did receive the letter. We received the letter, I think all of the agencies did, from the institution. Mr. Garrett. Sure. Mr. Gruenberg. So I am familiar with it, but since it obviously affects an individual company, I won't respond to that specifically. Mr. Garrett. Sure. Mr. Gruenberg. But if I may just speak more generally, the issue of CLOs, collateralized loan obligations, has been raised, particularly since the final rule was issued. It is certainly an issue, fair to say, it is fair to say, that the agencies now will have the opportunity to review and consider. I guess I would just make a couple of points, if I may. Mr. Garrett. So if you can get back to me on how and when you think you can actually fix this, because obviously for these small banks right now, they can't wait the normal course of time which it took this body to come up with this rule. I don't know for this particular bank, but other banks in a couple of years could, while your working group works your way through it, be out of business and the people in that town could have one less bank. A working group has been established. I guess I would put this question to everyone on the panel. One of the things that I was looking for, which was not done, was a cost-benefit analysis, correct? And that is despite the fact it was pointed out to us that there was a law in place, the Riegle Community Development and Regulatory Improvement Act back in 1994, that requires Federal agencies including the Fed and the FDIC, when they are coming up with a new rule, to basically--and I won't read the whole thing here; I don't have that much time--assess the cost on institutions and also the benefits. So since that is the law in place, why was it that no one did a cost-benefit analysis? Mr. Tarullo. I wouldn't say, Congressman, that there was no cost-benefit analysis. I think what you actually saw-- Mr. Garrett. I have not seen anyone who has said that there is. You say there is a cost-benefit analysis? Can you provide it to the committee? Mr. Tarullo. First off, we should start by remembering that the basic policy decision was made by the Congress. That is, the Congress decided that proprietary trading-- Mr. Garrett. Now, look. I only have 46 seconds. A cost- benefit analysis was not done, and it was a requirement. I would like an explanation in writing from each one of you on the panel as to why you did not comply with that. Also, I would like a commitment, since you have a working group here and you have indicated that you will be going forward, maybe I will just run down the row in the last 20 seconds, will each of you commit, going forward through the working group, to develop an agreed-upon set of basis or metrics to determine the rule's impact on the ability of businesses to borrow in the corporate bond market, and also through this working group to continuously monitor those metrics and the impact of those rules, and then to also report back to us on a quarterly basis on your findings? That way, we would actually have specifics and timeframes. Let's run down. I will start on the left. Governor Tarullo? Mr. Tarullo. Congressman, I am not sure that sitting here-- I want to consult with our colleagues to see what kind of process we are going to follow. We are surely going to follow a process of trying to deal with interpretive difficulties. I do beg to differ a bit. I think-- Chairman Hensarling. We need rapid answers. The time of the gentleman has expired. Rapid answers, please. Ms. White. I will say that I think that the working group is enormously important to look for and analyze unintended consequences and respond to them, which is the purpose of it. It is very actively engaged now, including considering what you mentioned-- Mr. Garrett. Can you all commit to the timeframe and everything else that I laid out there, Mr. Chairman, from them? Maybe you can just ask them to run down, yes or no, make the commitment. Mr. Curry. We will also be looking at the, during the performance period, the impact of the metrics and other procedures that we are developing. Chairman Hensarling. Quickly, the last two gentlemen. Mr. Gruenberg. Yes. We will do the same as Comptroller Curry indicated. Mr. Wetjen. As will the CFTC. Mr. Tarullo. Mr. Chairman, could I just take 10 seconds for Congressman Garrett to say, whatever it is, whatever processes we do decide, we surely will report them back to you and try to give you a sense of how this oversight and implementation is taking place, which will then in turn allow you to ask more questions about it. Chairman Hensarling. The time of the gentleman has expired. The Chair now recognizes the gentlelady from New York, the ranking member of our Capital Markets Subcommittee, Mrs. Maloney, for 5 minutes. Mrs. Maloney. I thank the chairman for yielding. The idea behind the Volcker Rule is a simple one: Banks that receive Federal deposit insurance should be serving their customers and not making risky bets for their own account. It took nearly 4 years for this simple idea to be translated into a final rule, and the majority of the work was done by the five regulators before us today, and I would simply like to say thank you. I would also like to point out that most of the banks across this country have already accepted the Volcker Rule. I did a survey of the banks that I am privileged to represent, and every single one of them is treating it like the law of the land. Every single one has spun off their proprietary trading desks. So the Volcker Rule, I would say, is here to stay. Instead of rehashing the same old debates, I believe we should be focused on getting the implementation right and making sure that the rule is tough but workable. So with that in mind, I would like to ask Governor Tarullo, I understand that the CLO industry has proposed a fix that some in the regulatory community may consider too broad, and I agree that we should be very careful about amending the Volcker Rule, because we don't want to blow up a huge hole in the rule. But I would like to ask you, do you think that there is some narrower fix that would solve their challenge, their problem, while also protecting the Volcker Rule? Mr. Tarullo. Congresswoman Maloney, that, I think, is the question that we will have to address. And in fact, I think someone already alluded to the fact that this issue was already at the top of the list of the group to think about. You have quite properly identified the challenge, which is to see whether there is a way to respond where, legitimately, the interests implicated by the Volcker Rule are not at issue without opening up a broader hole that does implicate those issues. I would just note in passing that an approach to this already appears to be in train among some market actors, which is to say, making sure that the CLOs, new CLOs which they are issuing do not contain other securities that cause the position to become a covered fund. Now, that doesn't deal with the legacy issue, and that is the one we will be addressing. But going forward, at least, there is a way which I think the industry itself has already identified. Mrs. Maloney. And how, Governor--or anyone else on the panel--are the agencies planning to share the trading data that they are going to collect to monitor compliance with the Volcker Rule? Will there be a centralized location for the trading data, such as the Office of Financial Research, or will each regulator examine the data that it collects separately? Ms. White. Maybe I could respond to that initially. Again, the working group for implementation has already begun to discuss that, and the feasibility of having a common site for the data, but the discussions are ongoing as we speak. Mrs. Maloney. Okay. You mentioned in your testimony earlier that the working group is clarifying different parts of the Volcker Rule now. But do you know yet how they are going to coordinate enforcement of the Volcker Rule? What if one agency thinks that a trade violates the Volcker Rule, but another agency thinks that it is acceptable? How are you going to solve that? Are you working on a memorandum of understanding on enforcement? But what happens if two regulators disagree on an action? Ms. White. Again, I think the consistency and enforcement is also very much under discussion by all the agencies, including in this working group. Each of the agencies would have the power to require divestiture or a bank to stop engaging in proprietary trading. Issues could be discovered upon exam by any of the agencies and discussed and coordinated among the agencies before a decision is made as to what to do enforcement-wise. Mrs. Maloney. What happens when there is a legitimate disagreement between them? Ms. White. The goal is obviously consistency, but there is a mechanism to discuss that, toward that objective. Mr. Tarullo. I would just add, Congresswoman, that in the bank regulatory area, the issue of an activity that affects different parts of a bank holding company arises quite frequently, and in fact the three banking agencies have a very well-established set of mechanisms for consulting. And I have to say it has struck me in my 5 years at the Fed that rarely does disagreement on that among staff come to my level. They are usually able to work it out. And I don't see any reason why that wouldn't be the case with the Volcker Rule as well. Mrs. Maloney. Thank you. My time has expired. Chairman Hensarling. The Chair now recognizes the gentlelady from West Virginia, Mrs. Capito, the Chair of our Financial Institutions Subcommittee, for 5 minutes. Mrs. Capito. Thank you, Mr. Chairman. I want to go to the issue that I talked about in my opening statement, which was the issue of the CDOs and the TruPS and how that ended up in the final rule, when the proposed rule did not really go into this area, and therefore, there was no comment period to see this unintended consequence. So if somebody could give me some clarity, why did you choose to put this into the final rule without allowing those most deeply affected, most particularly community banks, to have the opportunity to bring to light to you all and to others that this was going to have some negative impacts? Who wants to answer that? Mr. Tarullo. I can start, Congresswoman Capito. As I think you know, the issue with the TruPS arose from a confluence of several factors. One, of course, was the rule itself, and I think people understood that there was contemplation of divestiture, and that is why there was a conformance period created just exactly to avoid fire sales. The second, and here is where I think a lot of people probably didn't focus on it both outside and inside the regulatory agencies, was the combination of the fact that accounting rules require that where the instruments in question had lost value in the market, that there was essentially a bringing forward of the mark-to-market adjustment because of the fact that those instruments were declining in value. And that is, I think, the interaction that wasn't contemplated, and that was why in particular we all felt that a quick response was required. I think with a lot of the other instruments that people have talked about, as I indicated to Congresswoman Maloney, we will be going through those, but in many, if not most instances, a lot of the instruments in question are actually at or above the values where they were issued into the market, and so the accounting rules are not forcing the decision and the write-downs immediately. Mrs. Capito. Okay. Let me ask a question, then, of Chair White. Your agency oversees the Financial Accounting Standards Board (FASB). Is this something that came into your bailiwick as we were creating this new part of the rule moving into December, as we have heard? Ms. White. I think I would have two responses to that. One, I think in the proposing release, at least broadly, questions were asked around covered funds, what is included and whatnot, and there weren't specific comments that came back in on that issue. I think one of the things that we were focusing on when the issue did gel is to make certain that everyone understood what the accounting rules were for a subsequent event should the agencies then act as they ultimately did act. So, that is an issue. It is not new accounting, but it is something that we responded to as soon as it was obviously an issue. Mrs. Capito. Right. I think the troubling thing from my aspect is--and I mentioned this also--that the options, because of the tight timeframes, were really a lawsuit that I think the ABA put forth to try to stop this. And also, many of us, Republicans and Democrats, were being approached quickly during the Christmas season on how we are going to address this issue. And so while I say thank you for making those adjustments in January, it certainly would have been easier probably for everybody if it was avoided on the front end. The last comment I will make, and this goes to what Mrs. Maloney was talking about, is that I am sitting here listening and I must have heard at least 40 times ``interagency group.'' We have all been on committees before, and when you get into an interagency group or you get into a committee, we all look at each other and say, okay, who is going to decide here? Who is in charge? I have yet to hear really who is in charge. I know you work across agencies and everything, but I can see a scenario that could be a negative scenario such as, who is in charge? Nobody is in charge, so nobody makes a decision. Or you make a decision over one another and then all of a sudden there are three or four different decisions that have been made, and how are the institutions supposed to react in the best interests of their clients? So if anybody has a comment on that, I know it is a work in progress, but I am deeply concerned about that. Mr. Tarullo. There is a legitimate concern, as you all well know, whenever you have multiple actors having to agree on a single course of action. I think that, as I was alluding to earlier, this is actually the normal state of affairs for the three banking agencies, and the need to coordinate, which sometimes is in the face of some disagreements that then sometimes do hold things up and they have to go up for decision in that case. I would just say it is the other side of wanting multiple voices involved in any regulatory effort, which was clearly Congress' intent with respect to the Volcker Rule. Mrs. Capito. Thank you. Chairman Hensarling. The time of the gentlelady has expired. The Chair now recognizes the gentlelady from New York, Ms. Velazquez, for 5 minutes. Ms. Velazquez. Thank you, Mr. Chairman. Chairman Gruenberg, I would like to talk to you about the TruPS CDOs. As you heard, the final rule provided the financial industry with many exemptions, including new guidance on TruPS CDOs, which have community bankers very concerned. However, some in the industry are now asking for more lenient treatment regarding CLOs. Can you explain what risk nonexempt or arbitrage CLOs pose? And I would just like to ask you if it is wise at this point to make another exemption, given the fact that only 100 community banks out of 6,000 have CLOs? Mr. Gruenberg. As has been indicated, that is the issue we are going to have to consider. I think the things to think about are, one, in regard to the CLOs, if a CLO is made up exclusively of loans, and that would apply to a substantial number of them, they would not be considered a covered fund and therefore would not be subject to the Volcker Rule requirement. For the others, that is really what we need to sort through, and the industry refers to those as arbitrage CLOs, and they have, in addition to loans, other kinds of impermissible assets in the CLO. In many cases there are just a small number of assets, so they can be easily disposed of and, in a sense, the CLO can be cured from the standpoint of Volcker compliance. In other cases, the other assets may be a substantial portion of the CLO and create a greater challenge. I think what the agency has to consider is what, if any, change in treatment should be provided for them, and that is, I think, what we will need to focus on. Ms. Velazquez. So how would regulators have treated the underlying loans in arbitrage CLOs if banks had originated them and held them on their books? Mr. Gruenberg. You are talking about loans that are by definition leveraged loans that carry risk with them, if that is the underlying questions that you are raising. Ms. Velazquez. Mr. Chairman, again, industry participants have stated a fire sale of CLOs could cost them 90 cents on the dollar. I just would like to ask you if you know how they came up with this figure? Mr. Gruenberg. I couldn't say offhand where that came from. Ms. Velazquez. What did regulators do in the rule to prevent such a fire sale? Mr. Gruenberg. I think that is part of sorting through the issue, Congresswoman, both to examine the merits of the issue and any potential consequences of a response. Ms. Velazquez. Chair White, foreign markets have yet to implement regulations similar to the Volcker Rule. What is the likelihood that large U.S. banks will simply move their proprietary trading overseas? Ms. White. Obviously, the competitive effects of the Volcker Rule as enacted in the statute are not new to us. It is certainly one that we also attended to with respect to the rule itself. I would note that in Europe, the United Kingdom, France, and Germany, they are moving toward doing some kind of rules in this space, but they have yet to sort of land on and actually adopt those. So there is more to be said about that. Obviously, what you don't want is the regulatory arbitrage, you don't want the anticompetitive effects on the U.S. entities, but the statute also requires what it requires. Ms. Velazquez. So is there anything in the Volcker Rule that addresses the threat to the U.S. financial system by overseas proprietary trading? Ms. White. I think that was one of the changes I actually alluded to in my oral testimony with respect to proprietary trading of foreign banking entities, whether it was going to be anything solely out of the United States and was going to be completely out from under the Volcker Rule. We might have lost liquidity then, there might have been anticompetitive effects that occurred then, and so we refined the rule in light of those concerns. Ms. Velazquez. Thank you. Comptroller Curry, a recent OCC survey of financial executives indicates a greater willingness to lend to businesses and consumers. Is it possible that the Volcker Rule could further boost small business lending as banks seek out revenue in traditional financial products due to the general prohibition on risky and lucrative proprietary trading? Mr. Curry. We see that as a very positive sign that banks are increasing their willingness to lend, and hopefully that will translate into some economic benefit as well. Ms. Velazquez. Thank you. Chairman Hensarling. The time of the gentlelady has expired. The Chair now recognizes the gentleman from Texas, Mr. Neugebauer, the Chair of our Housing and Insurance Subcommittee, for 5 minutes. Mr. Neugebauer. Thank you, Mr. Chairman. I think this has been alluded to, 18,000 comments to a rule that was originally put out that a lot of people felt like was pretty vague when it was put out, and I think that is one of the reasons you received 18,000 comments on it. But we were, I think, many of us a little surprised it wasn't reproposed after the fact that there was so much interest in that. There was really not any chance then to review the changes, and there was no economic analysis involved and really no provisions to coordinate enforcement, examinations, and interpretations. I would think, and hopefully the panel agrees, that is probably not an ideal situation. But that being said, what procedures have been established to ensure that all of the impacted entities receive consistent and timely answers to interpretive questions that I am sure, as I am told, there are a lot of those coming in. I will just start with the panel, and who would like to tell us what you are doing? Mr. Curry. I would just emphasize what other panelists have said earlier, Congressman, that this is really going to be one of the major frameworks that we have to establish for our working group. I think the goal is to make sure that we have consistent interpretation. The working group, which will be composed of subject matter experts, will be the starting point for those discussions and ultimately the principals of the agency will make that call. Mr. Neugebauer. Ms. White? Ms. White. I really don't have much to add, so I don't want to take your time on that. I think we were all focused on, it is actually reflected in the adopting release, too, the importance of consistency as we proceed further, and responsiveness, and that we need to be very actively engaged, as that is the purpose of the working group. It is also the purpose of the commitment of all five agencies to do that. Mr. Neugebauer. Obviously, these interpretations are going to be a very important piece of the regulation, and so the question is, one, you are saying that this working group is going to coordinate that between the five of you. But the other question is, how will we disseminate it? Will that be a public process? In other words, once that finding is determined, and that interpretation is done, will those interpretations be made available for comment? Mr. Tarullo. That probably depends. My suspicion is, Congressman, without knowing now, that there will be some issues that arise that are susceptible to more or less generally applicable guidance, and that in that instance the same kind of processes that we follow in other supervisory areas, where you elaborate what you have been able to conclude and you send it out to supervisors and examiners and it is available to the firms, that would be the appropriate path to follow. There will probably be other instances, and I think in particular in terms of market-making decisions on whether for a particular kind of instrument the particular approach that a firm is taking is in fact legitimate market-making, where it might actually involve some proprietary information from the firm. It will be a very sort of firm-specific interpretation that, for example, the SEC may say to the rest of the group, this is what we are facing, this is where we are inclined, does everybody agree? And there may be a general agreement on that. But then you wouldn't want to publish that, because you don't want to publish the business strategy of a particular firm. So I think it probably varies depending on the general applicability and sort of nonfirm-information-revealing quality of the decisions. Mr. Neugebauer. And if that decision is challenged, for example, then does that challenge go back to the working group or does it go back to the individual entity? Then, how is that reconciled? Mr. Tarullo. Again, I am drawing here on our bank supervisory experience where--and I would expect you will have something similar to this in the Volcker Rule area--in the first instance there tends to be a dialogue with the immediate supervisors, and all of these big institutions that have to report the metrics have onsite teams of supervisors from some combination of the Fed, the FDIC, and the OCC. And then, of course, the SEC has a regular relationship with the big broker- dealers. So that will be in the first instance. But as always happens when there is a disagreement or an objection or a desire to have the issue taken up in Washington at the particular agency, then that happens. And as I say, the norm is that these sort of things are actually worked out pretty effectively. It is one of the advantages of the supervisory process. There are exceptions, and that is when things get bumped up the line. Mr. Neugebauer. One quick question: If there is a difference of opinion in the working group, is there somebody, an individual agency who has the final word if the working group doesn't find a-- Mr. Curry. It would be kicked up to the principals. We would be deciding any issue that the agencies couldn't resolve at the working group level. Chairman Hensarling. The time of the gentleman has expired. The Chair now recognizes the gentleman from New York, Mr. Meeks, for 5 minutes. Mr. Meeks. Thank you, Mr. Chairman. Let me start with the Governor. Governor, I just want to follow up, I guess, on questions I heard Mrs. Capito ask, because everyone wants to know what the rules are and to have some certainty. But with the various regulating bodies, there could be some conflicting interpretations, making it confusing for many banks to determine which agency has the final say on what. Now that the rules have been adopted, would it make any sense for one regulator to take the lead in the interpretive guidance or at a minimum to have a process that ensures identical guidance is issued from all regulators? Mr. Tarullo. Congressman, I don't want to speak for the four colleagues to my left--but I think probably everybody would say that we all have a statutory mandate from the Congress for the oversight of the particular entities that we have, and under those circumstances you wouldn't formally cede an interpretive authority, because ultimately we, for example, would be responsible for the Volcker Rule at the State member banks, Mary Jo at the broker-dealers, and Tom at the national banks. But again, having said that, I think part of the reason why people are asking questions about how this works is precisely because it generally works so well--again, at least among the banking agencies, but we have more and more contacts with the market regulators--of working things through. And, just to remind everybody of something that was in Chair White's opening remarks, that the decision of the market regulators and of the banking regulators was not to go with our own rules, even though, as you know, the Volcker Rule is really a number of separate rules--the banking agencies, the broker- dealers, the commodities dealers. But instead, everybody understood the importance of getting consistency in the regulation, notwithstanding the substantial additional time it took to get there. And I would say that commitment to getting a consistent regulatory framework will naturally extend to a commitment to getting a consistent interpretive framework. Mr. Meeks. Let me stay with you, Governor, because it has also been argued that prohibiting proprietary trading will hurt our banks as they compete overseas. The European Commission recently recommended a version of the Volcker Rule for its largest banks and the U.K. government has adopted a similar proposal that pushes risky trades into a separately capitalized ring-fenced entity. And my question to you is, how relevant are competitiveness concerns in the current environment? Mr. Tarullo. The tendencies you described have been very interesting to me. When the Volcker Rule was first passed by the Congress as part of Dodd-Frank back in 2010, I would say the immediate reaction that I got in talking to counterparts in other major financial jurisdictions was something along the lines of, it will be interesting to watch how you all do this; we are not likely to do anything. And yet in the intervening years, as you have just mentioned, more and more of the key jurisdictions have actually started to walk down that path to thinking about some combination of ring fencing, banning of proprietary trading. And I think that is based on experience, Congressman. I think people have had experiences with their own firms, I do think that the London Whale episode resonated around the world and not just within the United States. So although we don't know, as Chair White said, where this is going to end up, it is pretty notable that the trend in proposals has been to come closer to something that looks more like the Volcker Rule. And I will be honest with the committee, I would not have predicted that 3 years ago. Mr. Meeks. Thank you. Chair White, let me ask you this question. I understand that some industry stakeholders have expressed concerns regarding whether banks would have to divest of certain senior debt securities of CLOs because those securities contain the right to remove a manager for cause. Currently, the Volcker Rule only permits debt security holders to have the right to remove the manager in the event of a default or an acceleration event. Are your agencies considering whether these voting rights with regard to the CLO manager constitute an equity interest versus a creditor-protective right? Ms. White. That is precisely one of the issues that, again, the working group is discussing in connection with CLOs. The issue is obviously what is an ownership interest, and it is defined by the rule with certain factors, including the one you note. So that is an issue that has been teed up for the group and they are actively discussing it. Mr. Meeks. I can't do another question in 4 seconds. Chairman Hensarling. No, the gentleman can't. The Chair now recognizes the gentleman from Missouri, Mr. Luetkemeyer, for 5 minutes. Mr. Luetkemeyer. Thank you, Mr. Chairman. I would like to address my first question to Mr. Gruenberg. One of the concerns that I have is during the crisis there was this activity that went on which put a lot of the investment banks into the big banks and allowed Lehman Brothers, for instance, to fail. But when you put the Bear Stearns of the world in some of these other banks, I think you made them bigger, I think you made the institution more risky, in my judgment anyway. And one of the concerns I have is when you do this, suddenly now you put this more risky activity into an institution that is insured by you and your agency, and you put those deposits, I believe, more at risk. So over the last 5 years, I think some of them now are starting to spin off their proprietary activity, their trading activity, their investment banking activity. And I just wanted you to comment on that and how much of it has gone on, how much does it still need to do, and just your perspective. Mr. Gruenberg. I think that is an important question, Congressman. I think it is fair to say that the way we dealt during the crisis with some of the troubled institutions was to facilitate acquisitions by other institutions and consolidate them into bank holding companies. And I think the combination of those activities and the increased scale of the activities raised significant questions for regulation and supervision. I think it is one of the reasons we are so focused on the capital and liquidity rules that particularly apply to these large systemic companies, because of the risks they pose and the need to, frankly, impose higher prudential requirements on those large complex institutions that pose the greatest risk to the system and are, I think, differentiable from a lot of the other institutions in the system. So I think it is one of the significant challenges for prudential standards and for supervision going forward. Mr. Luetkemeyer. One of the concerns I have, obviously, is if it is an FDIC-insured institution, obviously that impacts the FDI insurance fund, so there is some risk there for that. But I am curious, how many banks that you are aware of just off the top of your head, rough figure, have divested themselves of these types of activities or put them into a subsidiary of some kind so they now no longer have the main institution, the retail portion of their business, that would be impacted by this activity? Mr. Gruenberg. I don't have those numbers available. I will be glad to check on that and get back to you. Mr. Luetkemeyer. Okay. Are there a lot of them that still have those activities in the bank, then? Mr. Gruenberg. I think most, but I want to check on the facts here. For those that have separate proprietary trading desks, I think as a result of the Volcker Rule, a lot of those have been taken out. Mr. Luetkemeyer. Right. Mr. Gruenberg. But I would want to really check on the facts for that. Mr. Luetkemeyer. I am not a big fan of the rule, but that seems to be one of the positives there, that they are starting to segregate themselves and set up these separate entities, which in my mind certainly protects the depository institutions a little bit better. Mr. Wetjen, you have been able to escape most of the questions here today, so I want to grab one for you. One of the things that happens, in my world anyway, is that a lot of folks I deal with begin the commodity process with their contract, when they take it out, is the first one and then it gets traded a dozen times after that. Have you seen with the Volcker Rule a chilling effect on folks being able to take out initial contracts for commodities? Mr. Wetjen. Congressman, I have not. Mr. Luetkemeyer. Have you seen a cost increase to those individuals or companies that take out the initial contracts to hedge their commodity, whatever it is, whether it is corn and beans or energy or whatever? Mr. Wetjen. I have not been aware of any such change as a result of the Volcker Rule. As I had mentioned in my oral statement, there have been a variety of reforms that our agency has put into place, and so consequently the market structure, in particularly for swaps, has changed, so there has been some attendant cost to the market structure changes in the swaps markets as a result of our reforms. I don't have any specific data on what the numbers would be, but I am not aware of anything specific in relation to Volcker. Mr. Luetkemeyer. The other members of the panel this morning, very quickly, I have less than 30 seconds left here, have you seen an increase in the cost of doing business as a result of the Volcker Rule at this point yet? Mr. Tarullo. No, sir. Mr. Luetkemeyer. No? Mr. Tarullo. No. But just to be fair, I think a lot of people are waiting for the final rule to come out before they start making-- Mr. Luetkemeyer. The anticipation of the final rule here hasn't caused-- Mr. Tarullo. There it is basically, what you mentioned, the prop trading has been divested. Mr. Luetkemeyer. Okay. Ms. White? Ms. White. I haven't seen the increase in cost, but clearly there are costs. Mr. Luetkemeyer. Okay. Mr. Curry? Mr. Curry. I would agree. And that is something we will be looking at during the conformance period. Mr. Luetkemeyer. Okay. Mr. Gruenberg? Okay. Thank you very much. Thank you, Mr. Chairman. Chairman Hensarling. The time of the gentleman has expired. The Chair now recognizes the gentleman from Massachusetts, Mr. Capuano, for 5 minutes. Mr. Capuano. Thank you, Mr. Chairman. And thank you for having two members of the panel whose accents that I can understand. Actually, they don't have accents; all the rest of you have accents. Gentlemen, first of all, thank you for being here, and thank for your testimony. It is always amazing to me that in today's world, from what I see, is the most complex financial services industry in the history of mankind, not just in America, but across the world. We are in a globalized economy, we are all struggling to figure out what is going on, what is going to happen tomorrow. And I checked out all of your backgrounds. You are the smartest people in the world, you have the best education you can have, and I know you are struggling with it as well. Yet this morning, on the basis of one rule that we instituted with the intent of trying to limit some of the most risky, most complicated activity the financial services people were playing with, that many people think played a significant role in the collapse of 2008, we passed a law that said, please help us, not kill it, but to limit it, put it in perspective, yet this morning from what I have heard so far, and we are not even halfway through the hearing, the rule could be the cause of the next economic collapse, it is arbitrary, it is expansive, it is an existential threat to the economy, and worst of all, apparently you all pass rules and regulations and then don't give a damn what the impact will be. I think that each of you should be prepared, not from me, but at some point during this hearing, someone may as well just ask you, why do you hate America? I find this to be ridiculous. It is a complicated rule, of which, as we move forward, I have had some communications with some of you, I am currently in discussions with some of my constituents who have some issues with some of the details, community banks being one of them. My hope and expectation is that you will work with us as best you can to address these issues as they go forward, as we find them to be real. I hope that each of you see that your role as a regulator is not just to regulate. I hope and presume that you see as part of your role a responsibility to inform us when you think we are wrong or when you think we have made a mistake. So I would like to ask each of you, if you could, if I made you emperor of the world, would you repeal Section 618, 619, yes or no? Simple item. Mr. Tarullo, would you repeal it? Mr. Tarullo. No, sir. And I think, as many people have observed, the London Whale showed why. Mr. Capuano. Ms. White? Ms. White. I would not. And I would just like to add that I think all of the regulators very carefully focused in the rulemaking on the market impacts, economic impacts, and responded to them and will continue to do so. Mr. Capuano. I have always believed that. Even when there were regulators that I didn't agree with, I have always thought that regulators, like most Members of Congress, are good people trying to make the world a better place. Mr. Curry, would you repeal it? Mr. Curry. I would agree with Governor Tarullo for the same reasons. JPMorgan is a national bank. We supervise it. That was an eye opener. Mr. Capuano. Mr. Gruenberg, would you repeal it? Mr. Gruenberg. No. Mr. Capuano. Mr. Wetjen, would you repeal it? Mr. Wetjen. No, I would not. Mr. Capuano. As we go forward, I would like to ask a few questions. First of all, I do think that there is a problem having so many regulatory bodies participating in one rule. That is why I have always been in favor of trying to consolidate. Not that I don't like each of you individually, but I do think that it is ridiculous that we have so many regulators doing the same thing. Consolidation, to me, we have had this debate a long time, I hope we actually make some progress at some point, and each of you will be winners, don't worry, we will figure out how. I don't know how. That is a different issue. I hope that as you go forward, I would strongly--I think it is part of your responsibility, I shouldn't even have to ask, but I am going to do it for the record--as you find things that you think that we should amend, let us know, because I agree, I don't want it repealed. I am more than open to amending it if you think that somehow we missed a comma or we have to tweak it or you think that you are constrained from doing what you think is right. I think that is a perfectly appropriate thing for you to tell us, even if there are disagreements amongst you, and I certainly hope that you will. This is a complicated area. You are on new ground. I don't expect you to get it 100 percent right the first time. I know you are trying. That is why it has taken so long. Some people wanted you to rush it and get it done, which I think would have been a recipe for absolute disaster. You took your time. You are trying to do it right. As you move forward, hopefully you will work with us to try to amend things that maybe you didn't see. I know you will be looking at the impacts of all the rules that you have. And I look forward to working with you as we move forward to get it right, to maintain the American financial services industry as the leading in the world, as we are today and we will be tomorrow. And I know that is what you want as well as what we want. Thank you all very much. Chairman Hensarling. The time of the gentleman has expired. The Chair now recognizes the gentleman from California, Mr. Royce, the Chair of the House Foreign Affairs Committee, for 5 minutes. Mr. Royce. Thank you very much, Mr. Chairman. During last month's hearing on the Volcker Rule, I questioned our panel on the need for coordination of examination and supervision and enforcement between the five agencies that are represented here today, along with the National Futures Association and FINRA. And I don't think their answers would surprise you, and I think you have heard more of that here today, some of those quotes. The rule in no way states how the regulators are going to coordinate. In fact, it acknowledges that there is not a method or protocol for doing that, and acknowledges that there is overlap in jurisdiction. So I think it is very lacking in that respect. That is one observation we heard. Another is, we don't think you can have five sheets of music, because if the rules are interpreted differently, I think that is a real problem. So the first question would go to the concern here on why there wasn't a coordinated implementation and enforcement plan developed before the rule was issued. But to build beyond that, I think setting up a working group and extending the conformance period clearly does not solve the coordination concerns, for this reason. As SEC Commissioner Gallagher pointed out, there is a clear difference between banking regulators and rule-based market regulators like the SEC and the CFTC. As he said, prudential regulators, such as the banking agencies, can indeed employ their discretion in seeking to obtain their desired regulatory outcomes. Their prudential regulation and statutory confidentiality protections, not to mention their embedded staff's constant interaction with regulated entities, allows them to bend their rules when they go too far. Those are his words. The Commissioner's rules-based regulatory regime, however, contains no such wiggle room. Our rules, as Mr. Gallagher says, are rules, and when our examiners come across a rule violation, whether egregious and intentional or peripheral and accidental, they are required to record such violations. So without some further clarification, regardless of the time you have to work on this, isn't this conflict in regulatory model going to become an issue? And let's come around to why that wasn't originally coordinated in terms of the implementation and enforcement plan developed before this rule was issued. Because I see this as part of an ongoing problem, and I would love to hear your response to this and how we are going to address it. Ms. White. That is a very good question. Mr. Royce. Besides you are going to say you have a working rule. Ms. White. No. Understood, understood. I think you are absolutely correct. At the end of the day, we have independent agencies with independent responsibilities. I think there is an acute awareness, you are hearing it today from, I think, all the panelists about the need not only to coordinate and reach consistency on interpretive guidance, but also on compliance and enforcement. And it is true that--I will let Governor Tarullo or the banking regulators speak to what they do in the way of supervisory authority and responding to instances of violation--but clearly our examiners, if they find a violation, will record it. That doesn't tell you precisely what the response after that will be. Is it a referral to the enforcement side? Is it guidance back to the firm in question? Mr. Royce. It is very complicated for me to understand. If that happens, you have one agency that says it is market making and you have another agency that says, no, it is proprietary trading. It would seem to me that you would want to work this out, because uncertainty in this is going to lead to real problems. Ms. White. No question. Mr. Royce. Yes. Mr. Curry. Congressman, we are committed to having interpretive consistency. I think the issue is we each regulate separate entities, legal entities. I am the supervisor of national banks and Federal savings banks. If an activity is being conducted in the bank, then we will exercise our legal authorities and take appropriate action that will either correct or, if necessary, enforce those provisions. We have a wide variety of tools that we can employ. But in terms of how the regulation should be applied, I think we can, and this working group is the vehicle for us sorting out what the proper interpretation is. And then ultimately, as Chair White said, we have to do what our independent agencies are required to do. Mr. Royce. Thank you, Mr. Chairman. Chairman Hensarling. The time of the gentleman has expired. The Chair now recognizes the gentleman from Massachusetts, Mr. Lynch, for 5 minutes. Mr. Lynch. Thank you, Mr. Chairman. I want to start out by thanking all of you for your work individually and also as a working group. I understand there have been 18,000 comment letters sent in. I think you took a fair amount of time, several years, in trying to work this out yourself and others, and I think you have come out with a good result. I think that we understand why all of the Wall Street banks are against this prohibition of proprietary trading, because it is a very lucrative business, made even more lucrative by the fact that it is subsidized by taxpayer funding. So when we originally started this discussion, a lot of fear, or at least a weakness that was pointed to repeatedly was the fact that U.S. banks, because of the Volcker Rule, were going to be less competitive with foreign counterparts. And as Governor Tarullo has pointed out, now it looks like the EU is moving in our direction, or in the direction of the Volcker Rule that you have carved out. Both the EU and the Vickers report as well seems to be pushing in that direction. And so there are less and less complaints about us being less competitive and there is more indication that the rest of the world is moving with us in a good direction. What I would like to know is, this is so complex and we have so many exemptions for hedging and market making, what do you see, as a group and individually, as the threats to undermining the Volcker Rule? What do you see as the greatest danger to either, like I say, undermining the prohibition on proprietary trading, or where do you see the areas in the Volcker Rule that need reinforcement more immediately? Ms. White. On the market-making exemption, that's one that we obviously wrestled with very, very carefully in order to make certain that we were both being true to the statutory prohibition against proprietary trading but also true to the exemption so that the markets could continue to work with the depth and liquidity they need to. That is an area I think, on both sides, one will want to closely focus on, both in terms of possible evasion, but also are there more unintended impacts we are having that we didn't intend to have on legitimate market- making? Mr. Lynch. Great. Mr. Gruenberg. Congressman? Mr. Lynch. Sure. Mr. Gruenberg. I would come back to the importance of compliance and enforcement here. I think that is really going to be the key both to the effectiveness and the credibility of the Volcker Rule. It is a challenging supervisory task to distinguish legitimate market-making and hedging activities from proprietary trading. And the thoughtful and effective implementation of the compliance requirements to monitor that activity, so that it becomes a routine part of the operations of the firms overseen by their responsible regulators, really I think is going to be the key challenge here. If we can do that, we should preserve the legitimate activities for the firms and for the markets. And reduce the risks particularly for these large systemic companies. And I think that would be a meaningful achievement. Mr. Lynch. Thank you. I know that most of the oversight agencies, at least Mr. Tarullo, Mr. Gruenberg, and Mr. Curry, are self-funded. Chair White, is your ability to strengthen those areas threatened by the lack of funding for the SEC? Ms. White. The lack of adequate funding is a significant concern at the SEC. We have vast responsibilities, quite apart from Dodd-Frank and the Volcker Rule and even quite apart from the JOBS Act, that under current funding levels, we don't have enough in my judgment to responsibly do what we should be doing for our markets and for investors. Mr. Lynch. I agree. Thank you. I yield back. Chairman Hensarling. The gentleman yields back. The Chair now recognizes the gentleman from North Carolina, Mr. McHenry, the Chair of our Oversight and Investigations Subcommittee, for 5 minutes. Mr. McHenry. Thank you, Mr. Chairman. In previous hearings, I have asked who the lead regulator is when it comes to Volcker, and I just figured it out today. Governor Tarullo, it is you and it is the Federal Reserve, just based on the answering of questions, the willingness to step in, and the deference that others on the panel give to you. I guess when you have five big regulators, independent regulators sitting on the same panel, there ends up being an alpha dog. And, Governor Tarullo, today that is you. The other takeaway I have from this hearing is that we still don't know the costs or exactly what this rule will do. That is kind of clear after listening to everyone's testimony and the questions we have today and--or the negative impacts that this rule is going to have on the market. But, in particular, Chair White, I want to ask you about rigorous cost-benefit analysis. Now, you had dissenting opinions within your Commission, saying that there was not a rigorous cost-benefit analysis performed. What say you? Ms. White. I say that we basically, I think all the regulators did-- Mr. McHenry. I am just asking about you. Ms. White. All right. Just us. We thoroughly addressed the economic considerations related to the Volcker Rule. The proposal teed up specific questions to elicit alternatives, costs, and impact information. I know our economists at the SEC were very much involved in that. And then I think I have listed several other important ones where we responded as a result of that economic analysis and to the comments that raised those economic impacts. Mr. McHenry. So where could I see this rigorous cost- benefit analysis? Ms. White. I think you will see it if you look throughout the adopting release to how we addressed the comments that raised those economic issues. Mr. McHenry. Do you have specific page numbers or a section that I could reference? Ms. White. I could give you some, either provide them to you after this or give you some now on some of the issues that I have already mentioned. I am happy to provide it. Mr. McHenry. In your predecessor's term as Chair of the SEC, I asked Mary Schapiro about this. She codified as a matter of policy with the Securities and Exchange Commission a memo in the summer of 2012 on cost-benefit analysis. Did you adhere to the principles of that memo? Ms. White. The guidance wasn't specific. The framework of the guidance wasn't specifically applied to the adopting release. This was an adoption. We were authorized under the Bank Holding Company Act, and all the agencies proceeded in that manner. I think the reality of the joint rulemaking was that no one agency-specific individualized procedures were applied to it. We were all bound under the Administrative Procedure Act (APA) and complied with that, which included the economic considerations. Mr. McHenry. Your predecessor bound your agency to adhere to the memo and the principles within that memo on cost-benefit analysis. I will follow up with you on this. Ms. White. And I am very committed to that guidance as well. Mr. McHenry. This is the biggest rulemaking you will undertake probably in your tenure, probably in my tenure in Congress. And that is why I think it is important whether or not you adhered to that principle. Commissioner Gallagher in his dissent spoke of a fatal flaw in this rule and asked for a 2- to 3-week delay and re- proposal. And he also says that it is riddled with problems. Obviously, you disagree. Would you speak to that? Ms. White. Ultimately, I know two of our Commissioners and I independently considered the issue of whether a re-proposal made sense or was required. I also took counsel on the legal issue from our General Counsel. It was not required. And my ultimate judgment was that it also would not be wise to do a re-proposal. I think, again, we have had a lot of folks comment both on the panel and among the members about the 2-year period of conformance during a number of engagements, and both by comment letters and meetings that we had. There was also persisting market uncertainty that obviously a further delay would have perpetuated that. So ultimately, I judged that was not either required or the right course to take. Mr. McHenry. I have a final question. It is really just a yes-or-no question. Governor Tarullo, Chairman Gruenberg, are you all prepared through a joint process to rule on the second round of living wills as being insufficient? Are you all prepared to do that? Mr. Tarullo. We are right now engaged, the two agencies are right now engaged in the discussion and the evaluation of the resolution plans that have come in and what next steps to take. And so, we surely are moving forward. Mr. Gruenberg. I think the answer is yes, Congressman. Chairman Hensarling. The Chair now recognizes the gentleman from Connecticut, Mr. Himes, for 5 minutes. Mr. Himes. Thank you, Mr. Chairman. And thank you all for being here and testifying and for your very hard work on this complicated regulation. This was not an easy assignment that came out of Dodd-Frank, but it was an important one. And I can't help but observe that my friends on the other side of the aisle with their relentless barrage of criticism on your efforts and on the concept behind the Volcker Rule offer, as usual, no alternative. And therefore, we are left to conclude that they believe that federally-assisted institutions with access to FDIC insurance and the reserve window and other forms of taxpayer subsidies should, in fact, be permitted to take proprietary bets to bet in such a way that they might be in the future required to turn to the taxpayers for support. I think that is an unfortunate point of view. I do think, however, that they and others raise very significant concerns about the complexity here. And one thing I wanted to make an argument for in acknowledging, I think, the very constructive side of your setting up this interagency working group, I would ask that you consider very seriously creating a formal process within that interagency group for banks to obtain interpretive guidance on questions that they will certainly have. I would further suggest that for clarity and to avoid some of the concerns that have been expressed here today, that you formally establish a timeframe--it could be 2 to 3 months, whatever was appropriate--in which a bank or other entity could get a clear response from this group. I don't have a question here other than perhaps to ask whether this, in your estimations, or whether the interagency group would, in fact, have that as a function and whether you think it can provide timely interpretive guidance to banks with questions? Mr. Tarullo. Without regard, Congressman, as to whether a formal process with deadlines ought to be established, what lies behind your question I think everybody here would agree with, that we need to have a process of getting consistent interpretations out. Again my expectation would be, but this is admittedly based on the experience with three banking agencies, that an iterative process will be really helpful in a lot of instances where an institution can say, look, this is the kind of issue we are facing. What do you guys--meaning the interagency group--think? I think everybody here would say if it turns out that something more formal is warranted, then we will certainly think about it. I would certainly think about it. Mr. Himes. I certainly appreciate the work that you did and the speed with which you did it on the trust preferred issue that perhaps could have been avoided to begin with. But the speed with which you acted I think was important and hopefully serves as a model. And again, I would just really urge that this interaction group has as part of its mandate a formal process for interpretive guidance. Just shifting gears here, I share the chairman's concern and Chairman Garrett's concern about the exemptions for sovereign and municipal debt. I think they did a pretty good job of explaining that those two instruments can operate on both extremes of the credit spectrum. My understanding is that the rule itself provides no special ability for the regulators to necessarily control the credit quality of those instruments which may be subject to this exemption. So my question is, apart from the ordinary course of business, safety and soundness, regulators who will presumably be overseeing the balance sheet of these institutions, is there anything within the Volcker Rule context that can give us comfort that you will be vigilant on perhaps lower credit quality, sovereign or muni debt that could take advantage of the exemptions? Mr. Tarullo. I would note again that ultimately the Volcker Rule is about proprietary trading; it is not about the credit quality of any particular asset. It doesn't go to the issue--I think as many people have pointed out, there may be some assets that are high credit quality, at least as issued. And, by the same token, there may be some that are not, but as long as they are not held in the trading book and they are not traded, then they just require a capital charge against them. Mr. Himes. I do understand that. Mr. Tarullo. That is the core point, Congressman. The other thing just, again, to note, the exemption, of course, for U.S. Treasuries and municipals is something that was in the statute. The limited exemption that was provided in the final rule is taking into account the fact that a bank which is from a particular home country, like a U.S. bank with its relationship with U.S. Treasuries, is likely to have a particularly special role for the sovereign debt of its home country. And that was really the genesis of that. Mr. Himes. Thank you. Chairman Hensarling. The time of the gentleman has expired. The Chair now recognizes the gentleman from Michigan, Mr. Huizenga, for 5 minutes. Mr. Huizenga. Thank you, Mr. Chairman. I appreciate it, and I do appreciate your time being here. And I know my colleague, Mr. Meeks, on the other side touched on this a little bit, but I would like to explore our international competitiveness, and I can't help but note that we are the only advanced economy that has adopted this prohibition on proprietary trading. And I am concerned that, therefore, we are creating significant competitive disadvantage. It is my understanding, Chair White, that you had talked a little bit about this in response. But to my other colleague, it was just bringing up sort of the absence of a solution. It is kind of like saying I am going to punish my oldest son for the boneheaded move of one of his friends that got his friend into trouble, but my son has been living by the rules and hasn't had any problems. So, the logic of saying, if we are not going to come up and replace this Volcker Rule with another rule, somehow we condone bad behavior by somebody else is ridiculous on its face. But please explore with me a little bit of how in the world this does not put us at a tremendous competitive advantage. Through the contacts I have in Europe--and I worked through the TLD and a number of other organizations, I have relationships over there in London and Germany and other places--the indications that I have had is that they are not going to be adopting a Volcker-like rule at this point. I have extensive connections in Canada as well. They are telling me the same thing. In fact, they are all saying, hey, we will take the business because you guys are now making it more difficult. So please, somebody help me with this. Mr. Tarullo. Congressman, I can go back and say that it is the case that as of now, nobody has adopted something that looks like a version of the Volcker Rule. But, as I earlier indicated, what has been I think worthy of remark is that immediately after the adoption of the Volcker Rule in the United States as part of Dodd-Frank, there was essentially no interest in the concept in other major financial centers. And in the intervening few years, what we have seen is not just, as in the case of the European Commission's proposal, something that looks very much like Volcker, but we have seen in other countries things that are variants on ring fencing within institutions, variants on different capital requirements for different kinds of activities, some of which would go beyond what we have in the United States. Mr. Huizenga. So you are willing to wait until they put something in place to keep us at a competitive disadvantage. Do you acknowledge that we are at a competitive disadvantage? Mr. Tarullo. Congressman, whenever one prohibits a firm or a set of firms from doing anything, there is at least going to be some change in the ground on which they compete. I think the question of the magnitude of that is a pretty important one, and this gets back to Chair White's point about how market making, for example, which is a vital service that large broker-dealers play, is something that I think everybody on this panel wants to see preserved. And that is why, as I said earlier, the implementation that takes account of the variations and the characteristics of instruments that will put it in the markets is important. Mr. Huizenga. Let's let Chair White address that, then, quickly. Ms. White. Just very quickly, I think that the statute has--obviously mandates that this rule carries out. We were very sensitive within those parameters of the statutory mandates to competitive effects. I think I gave a couple of examples of that. But in terms of the magnitude of the effects, I think that is something you have to look at, going forward. Mr. Huizenga. Okay. That was close to being a congressional answer, in that you gave no answer. But--maybe let's do this. Show of hands, who here is satisfied with putting the rule in place knowing that it will put us at some sort of competitive disadvantage for whatever period of time until the rest of the world catches up? Are you all comfortable with that? Are you all uncomfortable with that? Mr. Tarullo. Congressman, I think I am comfortable with where we are here. But, again, let's not lose sight of the reasons why countries put financial regulations in, in the first place. Mr. Huizenga. We are not talking about why we have financial regulations. We are talking about this particular financial regulation, one that puts us at a competitive disadvantage, when there hasn't been a problem with it here in the United States. I heard that someone brought up the London Whale. All right. That is a completely separate issue from what we are dealing with here in the United States. So we are not saying that it is either the Volcker Rule or we are not going to have any rules, and it is going to be the Wild, Wild West. The question is, is the Volcker Rule actually going to put us at a competitive disadvantage with the rest of the world? Does anybody want to use the last 5 seconds? Mr. Curry. It is possible. But we need to see what the full impact of the rule is and we will need to see what other jurisdictions do to compare what the competitive impact will be or will not be. Mr. Huizenga. Mr. Chairman, if you will indulge me, I will be sending a letter to each one of you asking how long you are willing to wait. Is it 6 months? Is it a year? Is it 3 years? What period of time do you need for that information? Thank you. Chairman Hensarling. The time of the gentleman has expired. The Chair now recognizes the gentleman from Delaware, Mr. Carney, for 5 minutes. Mr. Carney. Thank you, Mr. Chairman. Thank you for the opportunity to ask some questions. And I want to thank all the panelists and associate myself with the remarks, those that I understood, of the gentleman from Massachusetts, Mr. Capuano, in praising the panel for your expertise, your hard work, and your difficult job that you have. I was not here when Dodd-Frank passed. I came in 2011. So I think it would be helpful for me to take a step back, maybe back to the 10,000-foot level. Kind of where you were with Mr. Hultgren's question and just ask why you think the Volcker Rule is important in the framework of things that were put in effect by Dodd-Frank? Governor Tarullo, why don't we start with you. You mentioned capital requirements in your opening statement. Could you pull it all together and tell us why you think Volcker is important in that framework? Mr. Tarullo. Sure. As I think probably many people have heard me say--more than they wanted to hear--to me, the two key parts of post-crisis financial reform are: first, higher, better calibrated capital requirements; and second, addressing the risks, the run risks associated with the short-term wholesale funding market. Whatever one's views of the group of factors that contributed to the crisis itself, there is no question but that run on short term--runs on short-term wholesale funding was the precipitating event. That is what we saw with Bear, that is what we saw with Lehman, that is what we saw with AIG. So those to my mind are the two key elements of a post-crisis macro prudentially oriented regulatory system. I think where Volcker fits in is trying to push a bit at the too- big-to-fail problem and more generally with the moral hazard issue of effective taxpayer subsidization of certain activities, which did not seem to the drafters of the rule necessary or appropriate for the financial intermediaries who operate with the benefit of FDIC insurance or potential access to Fed discount window or relationships with their affiliates that have similar advantages. So what I think it tries do is to carve off one kind of activity that does seem particularly related to moral hazard on the one hand and, on the other hand, isn't something that the drafters would feel is necessary to a full-service financial intermediary. Mr. Carney. Thank you. Chair White, Comptroller Curry, would either of you like to add anything, particularly as it relates to your particular responsibilities? Ms. White. In terms of the Volcker Rule, I think Congress made the judgments that Governor Tarullo is essentially talking about to try to promote financial stability and to also make it at least more certain or more likely that the taxpayers are not on the hook for future distress events. I think, as a regulator, our primary responsibility is to carry out those mandates with due regard for impacts on legitimate market activities and any impacts on the smooth functioning of our financial markets. And we have tried to do that in this rule. Mr. Carney. Comptroller Curry, do you have anything to add? Mr. Curry. I would essentially agree with Governor Tarullo and Chair White. I would add that as the prudential supervisor of the large national banks, I think our focus going forward is really to make sure-- Mr. Carney. Most of this activity comes under your purview, correct? Mr. Curry. Between Chair White and my office. Mr. Carney. Broker-dealers? Mr. Curry. Right. So our focus now is really to take the rule as written and to have appropriate on-the-ground oversight of those activities. Mr. Tarullo. Congressman Carney, if you could remind Congressman McHenry of what you just heard, I would appreciate it. Mr. Carney. I would be happy to do that. I only have a minute left. Chairman Gruenberg, I would like to go back to Mr. Luetkemeyer's observation with you about the fund and the mergers that were kind of pushed. I just finished reading Chairman Bair's book, and she would argue, I think, that those mergers saved the fund money. Do you have a comment on that and her perspective? I don't know if you have read her book or not. Mr. Gruenberg. The mergers in the short run were part of a strategy to stabilize the system during the crisis. I think from that perspective, they were effective. But they did leave us with a set of institutions that are both large and complex and diversified that pose significant risks to the financial system. And that really comes back to one of the reasons for the Volcker Rule. The proprietary trading that is the focus of the rule is concentrated in these large diversified companies with insured depositories. Pushing that activity out so it doesn't benefit from the safety net is really what the rule is about. Chairman Hensarling. The time of the-- Mr. Carney. I just want to thank all of you again for your great work. Chairman Hensarling. --gentleman has expired. The Chair now recognizes the gentleman from South Carolina, Mr. Mulvaney, for 5 minutes. Mr. Mulvaney. Thank you, Mr. Chairman. I think we have had some good discussion today about the risks and the challenges that the industry faces with possible conflicts in interpretation, possible competing of interest between the five groups. I want to talk about that a little bit. I want to try to get a specific example. I have worked hard on trying to come up with the perfect example. The best could I do so far is imagine a situation where we have a large broker-dealer that also happens to be a bank and it is trading an interest rate swap in its banking subsidiary. I think that covers everybody, and I am pretty sure if I can add the proper counterparties, I could make sure that everybody has some say in that particular trade. So here is my question: We have this entity. It is today. It is February of 2014. The rule comes in place in summer. And they come to you today, and they say, ``Look, we would like to set up our compliance. This includes things like programming our computers, doing IT.'' Can anybody explain to me, articulate for me a clear, defined, absolutely crystal clear path that bank can follow in setting up those compliance regimes? Ms. White. You mentioned broker-dealer first. And at the risk of being accused of being the second alpha regulator, the SEC is the primary regulator of the broker-dealer. I think we would be the first stop on that, and obviously, to the extent that other regulators are involved with other aspects. Mr. Mulvaney. I want to cut you off. You are the first stop, but certainly not the only stop. Right? Ms. White. Right. Mr. Mulvaney. They go to you first. My guess is that somebody else might think they are also primary, or certainly an important secondary. Is there a single plan that this institution can follow in order to create a compliant system to meet the requirements of the rule? I think the answer is no, by the way. I am not trying to trick anybody. But that single clear plan doesn't exist, does it? Ms. White. I think, again, that we come to the primary regulator first. To the extent there were other issues that other regulators had an interest in, I think, as the primary regulatory, we would basically initiate those discussions. Mr. Mulvaney. But if they need it today, that doesn't exist. Right? Ms. White. No. It does exist today. Mr. Mulvaney. So a broker-dealer can come to you and say, look, this is what we want to trade in next year. And could you tell them without any concerns whatsoever, if you do X, Y, and Z, you are going to be fine? Ms. White. That wouldn't be the initial conversation on the spot. But, to the extent that the consultation with the other regulators led to that result, which you would hope it would. Very quickly, actually. Mr. Mulvaney. Governor Tarullo? Mr. Tarullo. Congressman, I think you asked the right question. But there are a couple of things about this. First, to a considerable extent, and I don't know exactly what one hears from everybody, but what I heard a lot of from the industry was when it came right down to it, they didn't actually want two very specific sets of quantitative metrics right now because they were fearful that any set of metrics we would come up with now would not take into account the variations in things like relative depth of liquidity. Mr. Mulvaney. Let me skip ahead in the future, then, and see if I can articulate another challenge which I am concerned that we face, which is, this entity is now trading this particular facility. The Fed says it is okay. And then a couple of weeks later, the OCC says it wasn't. The Fed says the trade was okay; the OCC--or, pick one; it doesn't make any difference who it is. One of you say it is okay; the other says it is not. Is there a defined, clear regime that they can follow to resolve that inconsistency? Mr. Tarullo. Congressman, the trade itself will take place within a specific legal entity. Whoever is the primary regulator of that entity has, by congressional delegation, the regulatory authority over them. So, in the end, they are-- Mr. Mulvaney. And if they say it is okay, then this bank is fine. It doesn't make any difference what anybody else at the table says. Mr. Tarullo. If it is a broker-dealer and the SEC is okay with what practice the broker-dealer is pursuing, then none of the rest of us has the authority, under the Volcker Rule and the statute, to say, no, that is incorrect. Now, as you have heard all of us say, nobody wants to be in the position of which de facto there is inconsistent information being given to people in different legal entities. So that is what we are striving to avoid. But there is not really shared jurisdiction over a particular trade that is going to take place-- Mr. Mulvaney. Why do we need a working group, then? If you are in charge of one type of trade, why do you have to have a working group on that trade? Mr. Tarullo. Because we would want to assure that the same kind of activity pursued in a broker-dealer or a London subsidiary of a U.S. bank holding company or a national bank is treated about the same, even though there are different primary regulators. That is the reason for the coordination. Mr. Mulvaney. Thank you. Thank you, Mr. Chairman. Chairman Hensarling. The time of the gentleman has expired. The Chair now recognizes the gentleman from California, Mr. Sherman, for 5 minutes. Mr. Sherman. I have been listening to this hearing, and it sounds like Wall Street. It sounds like the interior pages of the Financial Times. And I want to try to bring this down to how it is going to affect local businesses in our own districts. Because this Volcker Rule is going to prevent certain entities from buying and holding certain securities under certain conditions. We have plenty of entities that will invest in the S&P 500. The super creditworthy, super prime borrowers are getting lower interest rates and better terms than at any time in decades. And the American economy, if it fails, will not fail because, in 2014, there weren't enough entities and funds and hedge funds buying stocks and bonds from the biggest corporations. If we fail, it will be because you can't get a $250,000 loan for a startup business; you can't expand your business and get a $10 million loan. The $50 million financing necessary by medium businesses is completely unavailable. Now, sitting where the witnesses are now, we had Jamie Dimon awhile ago, who said he just couldn't find good business borrowers in the United States. He had all this money, and didn't know what to do with it. He sent it to London, and it was eaten by a whale. All of us in every part of this room know good businesspeople who should be getting loans and aren't getting them. And those are the businesses that are going to have 100,000 employees 20 years from now, 10 years from now if they get financing, and we have a system where they can't. We have big banks that only want to buy securities. They are itching to make big bonuses on the sophisticated financial transactions involving tens of millions of dollars or hundreds of millions, billions. And then we have regulators, who I am told when you see a loan at prime plus 5, prime plus 6, instead of saying thank you for making that loan to a business that isn't perfectly creditworthy, you need a little bit more capital to do that, instead, regard the banker as somehow betraying the financial system for doing what Jimmy Stewart told us in ``It's a Wonderful Life'' a bank is supposed to do. What can you do as regulators to prod the banks into making those small- and medium-sized business loans, instead of using all their capital on Wall Street? And what can you do as regulators to stop penalizing banks because they make loans where there is a 1-in-20 chance that the loan will go bad, even a 1-in-50 chance that the loan will go completely bad, and ask only for reasonable reserves, rather than a view that the bank has violated its charter by making a prime plus 6 loan? I will address that to anyone on the panel. Mr. Curry? Mr. Curry. Congressman, from our standpoint, as a prudential regulator, we do want to see banks lend to creditworthy borrowers. And that is really-- Mr. Sherman. If I could interrupt, it used to be that character mattered, that relationships mattered. That banking was an art and you evaluated whether the person could pay you back. Do you let your regulators look at that at all, or is character thrown out the window? Mr. Curry. We look at underwriting processes that the individual institution has. As long as they adhere to safe and sound underwriting practices, that should be it. Mr. Sherman. It is now--I wish that was true in the San Fernando Valley, sir. All I hear is, ``We made a loan; the fair rate of interest was prime plus 5; therefore, we were in violation of what the regulators expected us to do.'' Let me ask one more question. And that is, this whole Volcker Rule is designed to prevent the need for future bailouts. But the fact is that as long as we have institutions which are too-big-to-fail, they are going to engage in risky behavior, especially if they are not banks. And then they are going to come to Congress and say, We are going to pull down the entire economy with us if you don't bail us out. This bill gave you the right to break up the too-big-to- fail. Why aren't you using it? Chairman Hensarling. Seeing no witness take up the question and given that the time of the gentleman has expired, the witnesses may answer in writing. The Chair now recognizes the gentleman from North Carolina, Mr. Pittenger, for 5 minutes. Mr. Pittenger. Thank you, Mr. Chairman. And I thank each of you for being here today. Much has been said from my colleagues on the other side today lauding the Volcker Rule, as they have hundreds of other rules that have been promulgated, lauding Dodd-Frank, lauding your efforts. I think, frankly, it just bears some questions in my mind as it relates to the implementation of this rule and the impact it will have. I quote Mr. Volcker. He acknowledged that the activity sought to be prohibited by the rule had nothing to do with causing or exacerbating the recent financial crisis. Mr. Geithner said, ``If you look at the financial crisis, most of the losses that were material for the weak institutions and strong relative to capital did not come from those proprietary trading activities. They came overwhelmingly from what I think you can describe as classic extensions of credit.'' So it begs the question to me of the importance of this rule and the impact it is going to have in a counterproductive way. What do you say to the American people, what do you say to those consumers, to those banks who can't find capital, to consumers who need help with their businesses, to the compliance costs of these banks and the time afforded, that the impact of what we are having, if, in reality, those who would seemingly know best have said that it had really no core relationship to the financial crisis as relates to systemic risk? What is your opinion of that? And if we don't have a clear understanding of that, where do we go from here? It is troubling to me that so much has gone into this now, this enormous impact of this rule on top of rule after rule and the impact it is going to have. Could you kindly comment on why we are here today? Mr. Tarullo. In the first instance, Congressman, we are here today because you called a hearing asking to get an explanation of what we did to implement a law that Congress passed. And in the first instance, I think many of us have mentioned this, but we do have to come back to the fact that this is a judgment that Congress made, and it is, as I tried to explain earlier, I think, a piece of a broader regulatory system that is being put in place post-crisis. So I think that is probably the most important point. And we are obviously bound to implement whatever it is that Congress passes. Second point, as I did say earlier, is I think-- Mr. Pittenger. Quickly, because I would like to hear from four other people. Mr. Tarullo. Okay. If you ask those who developed the Volcker Rule in the first place, possibly even including former Chairman Volcker, I think they might say-- Mr. Pittenger. The point is, though, they said clearly it had nothing do with systemic risk. Mr. Tarullo. I think what they would probably say-- Mr. Pittenger. But that is the point that my colleagues are making, that we just don't get it. Mr. Tarullo. As you try to adjust a financial system to the integration of capital markets and traditional lending, they would say you have to be aware of the problem already encountered but other problems that you might encounter. Mr. Pittenger. Thank you. Chair White, do you have any comments you would like to make? Ms. White. The only thing to add is that Congress again made the judgment that the Volcker Rule would promote financial stability and protect the taxpayers from future crises and losses. Mr. Pittenger. They did make that decision, my colleagues on the other side of the Dodd-Frank bill. It just begs the question to me if, in fact, it had no bearing according to these apparently major individuals in the financial world, Mr. Volcker, Mr. Geithner, it begs the question seriously to the American people and to financial institutions the impact it is having in terms of availability of capital as well as the compliance costs related to it. Any other comments? Mr. Gruenberg. Only to acknowledge that I think former Chairman Volcker in proposing this idea perceived these activities as posing systemic risk. And I think he, from his perspective, which was the impetus for this, saw it as a significant source of systemic risk going forward. And that is what he proposed addressing. I can't disagree with that premise-- Mr. Pittenger. So we are an answer looking for a problem. That is what was stated earlier. Thank you. Would you like to make a comment? Mr. Wetjen. I was just going to add something similar to what Chairman Gruenberg said. I think it is also a prospective- looking policy as well. Mr. Pittenger. Thank you very much. Chairman Hensarling. The time of the gentleman has expired. The Chair now recognizes the gentleman from Illinois, Mr. Foster, for 5 minutes. Mr. Foster. Thank you, Mr. Chairman. And thank you to the panelists. I would like to return for a moment to the CLO issues. Chairman Gruenberg, on, I guess, page 10 of your testimony, you mentioned that securitization that currently includes assets other than loans can be excluded from the definition of covered funds if they divest impermissible assets during the conformance period. And my question to you is, is that really realistic in light of the fact that the managers of the securitizations actually have a fiduciary duty to all their investors and not just some bank that may have a relatively minor position in the fund? And how would you get past that legal morass on the time scale needed? Mr. Gruenberg. As I indicated earlier, I think in many cases, it is feasible for that to be done. As you indicated, for CLOs in which they are only made up of loans, they are not subject to the Volcker Rule. There are the category of CLOs that have impermissible assets. I think--and there are a lot of those which have relatively small numbers of impermissible assets, a small volume. I think in that case potentially divesting those assets, so-called curing the CLO for purposes of compliance with the Volcker Rule is manageable. For others with larger numbers of impermissible assets, it poses a greater challenge and I think would be the focus, frankly, for our review of the issue. Mr. Foster. I would like to just ask more general questions about the grandfathering and the legacy issues that Governor Tarullo mentioned. For example, the immediate mark-to-market that is triggered when you have to sell these things, there is a potential, I guess, for possible capital relief, if that gets triggered. And just the need for clarification is I think very important. If you look at the drop in new CLO issuance, which has been going around at maybe 6 billion a month has now dropped to less than 2 in the last month, sort of underscores the need for clarification as soon as possible on this. And just the other area that is important for--as it relates to grandfathering is just the fire sale scenario and what can you do to mitigate that if in fact there is a big class of these that has divested. So do you have any comments on this, just general comments on the range of the most aggressive grandfathering, the least aggressive grandfathering that you can imagine emerging from future deliberations? Mr. Tarullo. Congressman, as Chairman Gruenberg indicated, I think those are several of the issues that we want to get more information on, which is to say first the breadth of the issue. Because if we are not facing that widespread an issue, the fire sale problem is probably going to be minimized. But if that is not the case, then you say, okay, is the timeframe that is already provided adequate? And, of course, that actually depends on whether the instrument in question has been depreciating in value or appreciating. But we are getting information on this, and I think we will have more, and we will be able to make a more granular decision on the questions that you pose. Mr. Foster. Do you have a time scale when you might make those decisions? Mr. Tarullo. I don't want to speak for everybody in saying we have a timeframe. I think, as I said earlier, and as somebody else reiterated, it is the top of this list of this interagency group to be addressed. It is the second of the important interpretive issues. Mr. Foster. I guess I have time to change topics for a moment. In the securities lending part of the Volcker Rule, I was struck by, I guess, that at the point the Government seized AIG, 40 percent of the losses were from securities lending. So this is not necessarily a safe operation in all business conditions. I was just wondering if everyone here is satisfied that what is done in securities lending is going to--obviously, AIG was not a bank. But those sorts of losses would be prevented in advance by the way securities lending is dealt with. Mr. Tarullo. I, myself, do not, Congressman. This is one of those areas where, as I said in my prepared remarks, we can't rely just on the Volcker Rule to assure the safety and soundness of trading operations. And I do think under this more general heading of addressing the risks associated with short- term wholesale funding, that the risks associated with securities financing transactions and the margining practices do need to be addressed for just the reasons you identify. Mr. Foster. Okay. Thank you very much. I am almost out of time. I yield back. Chairman Hensarling. The Chair now recognizes the gentleman from Illinois, Mr. Hultgren, for 5 minutes. Mr. Hultgren. Thank you, Mr. Chairman. And I thank you all for being here. I want to start quickly just by commending the regulators represented here for acknowledging in the preamble this impact disruptions in the tender option bond market may have on municipalities and the market for certain municipal securities. I certainly hope that as banking entities who wish to continue participating in this market, as they work to make their tender option bond vehicles Volcker-compliant, that they will find your cooperation and assistance. I think that is very important. I want to address this first question to Governor Tarullo. And ask if any of you have responses, as well. But how can one posit that a $6 billion trading loss, which resulted in no taxpayer losses and resulted in a profitable quarter and year, evoke outrage, but a loss of twice as much in regulatory fines is never mentioned? Is that illogical? And should we no longer fine Wall Street banks because it threatens the stability of the financial system? Mr. Tarullo. Congressman, I think that the concerns elicited by the Whale episode were the concerns associated with the problems that led up to it, that is, why did it occur? Why was risk management not being applied to the activities of the firm? It is a very good thing that the firm was as highly capitalized as it was. And, it underscores what I have always said is the importance of having a very well-capitalized firm because it can deal with unanticipated as well as anticipated problems. Just as if one saw an instance in which there had been a very poor underwriting job done of a particular loan which turned out to result in a loss that the bank could take, we would think our bank examiners would be negligent if they didn't go back in and ask, are other such problems proliferating and do you have systems in place which manage the risks correctly? And I think that was what the London Whale episode did. It showed a variety of infirmities in risk management, documentation of hedging, which directly do relate to the concerns of Volcker. But-- Mr. Hultgren. I understand what you are saying. I do think there is--you also look at just the discrepancy of how things are approached, where regulatory fines are not acknowledged. And yet oftentimes are double the amount, oftentimes. I just think there is a question there of how we approach these things. Let me move on. I only have a couple of minutes here. I wonder if I could address this to Chairman Gruenberg. Some banks are certainly waiting until July 2015 to divest themselves of Volcker-prohibited securities. Prompted by the rule, we have already seen banks of CLO and re-REMIC portfolios. But in the case of re-REMIC, the status of these securities under the rule seems unclear. At least my office has heard calls for clarification. I wonder if you could please explain the status of re-REMIC securities under Volcker and if the treatment is universal, or are there different treatments for some agency re-REMIC securities compared to others? Mr. Gruenberg. Without getting into the--that is certainly one of the issues on our list to be reviewed, in addition to the tender option bonds and municipal securities issue that you mentioned at the outset. So, I would add the re-REMICs to that as well. Mr. Hultgren. Say that again? I'm sorry. Mr. Gruenberg. I would add the re-REMICs category to the first two issues you raised in your comments in regard to tender option bonds and municipal securities as matters that have been raised in terms of the application of the Volcker Rule and issues for us to review and consider. Mr. Hultgren. Again, I would echo from the opening remarks that I hope we can count on your cooperation and assistance. Because, again, I am hearing from folks back in Illinois, concern, uncertainty of knowing how these are going to be handled. So as that moves forward, I appreciate that it is a priority. My hope is that there will be good communication and cooperation as we work through further understanding of what they can expect here. In my last minute, I will open this up to anyone. This may get back to a lack of thorough economic analysis. But I wonder if any of you have seen or tried to estimate the impact of a Volcker-promoted forced sale of certain securities on the markets for those securities. And particularly, how will this affect community banks? Won't a forced sale in any part of the market drive the prices down and hurt potential returns? Mr. Curry. Congressman, that is certainly an issue that we are going to address as we review the CLO issue. So, it is a matter of concern. Mr. Tarullo. I think--just to supplement that--we have probably heard from those who think that they are in that situation. The TruPS issue quite possibly did pose, did pose that risk. It is not clear, at least based on current information, that there are other categories of things that would be subject to short-term divestiture which would provoke a fire-sale-like reduction in prices. But as others have said, that analysis of those things will continue. Mr. Hultgren. My time has expired. I yield back. Thank you, Mr. Chairman. Chairman Hensarling. The time of the gentleman has expired. The Chair now recognizes the gentleman from Minnesota, Mr. Ellison, for 5 minutes. Mr. Ellison. Let me thank the chairman and also thank all of our witnesses today. I would just like to ask for unanimous consent to enter a particular article into the record from the American Banker. Chairman Hensarling. Without objection, it is so ordered. Mr. Ellison. It is entitled, ``Volcker is Right. Prop Trading Kills,'' and it is by Donald R. van Deventer. And he essentially makes the following point, that I agree with: Congress asks you to prevent banks from engaging in proprietary trading because there is ample evidence out there that proprietary trading in certain cases resulted in harms to firms, families, the Nation, and our global economy. And it is not just JPMorgan Chase and the whole London Whale case. It is also Citigroup. It is also Bank of America, Morgan Stanley, and the Royal Bank of Scotland. These banks used their deposit insurance subsidy to trade in high-risk investments. Those instruments failed, which would have caused these financial Goliaths to fail but for government assistance. So, I just put that in there. If you care to comment on that, my comment or this article, feel free to do so. But I think a lot of my colleagues have gone over the Volcker Rule in particular. So because it is not all the time that I have this kind of expertise here, I am going to ask about some other things. First of all, I would like to ask Mr. Wetjen a particular question. Mr. Wetjen, I am a supporter of fair, robust regulation of financial markets. I am also concerned that the SEC and the Commodity Futures Trading Commission don't have adequate funding to do the job we have asked them to do. I wonder if you would reflect on what I just said. If you were funded at, say, an additional 5 percent of your current level, what would you be able to do to build on your efforts to oversee the market? Could you address this issue? Mr. Wetjen. Congressman, I appreciate the question. As I mentioned in my opening remarks, we are resource-constrained at the CFTC. We have taken on significant new responsibilities since the passage of Dodd-Frank, mostly as it relates to derivatives reforms under Title VII, but also as it relates to Volcker. So it continues to be a challenge. We do need additional staff. We do need additional technology investments to help decipher, make sense of the data that has been coming in for a number of years. But some of the additional data related to swaps has come in more recently, within the last year. So, it is definitely an issue of concern for me. Mr. Ellison. Thank you, sir. Ms. White, would you like to address this issue? Ms. White. Yes. Thank you for the question as well. The SEC, again, as I said earlier, we are resource- constrained. And in order to carry out the really vast responsibilities we have, even apart from Dodd-Frank implementation issues and JOBS Act implementation issues, we need more people to do that, more experts to do that. So, we appreciate the question. Mr. Ellison. Thank you. And sticking with you, Chair White, on December 12, 2013, the Consumer Financial Protection Bureau (CFPB) released the preliminary results of their study on the use of mandatory pre- dispute arbitration provisions in consumer financial products. The study found an overwhelming majority of consumers must participate in mandatory pre-dispute arbitration agreements. Your agency, like the CFPB, was given authority under Dodd- Frank to act to study the use of mandatory pre-dispute arbitration clauses in customer contracts. I am concerned about the prevalent use of these clauses and contracts that investors in my State and across the Nation signed as a condition to working with their brokerage and investment advisor firms. Is this a cause of concern for you? Do you have a position on these pre-dispute arbitration provisions? And have you had a chance to study the effect of these contracts? Ms. White. There are very strong views on that issue, on both sides, as you have indicated. A number of people have raised serious concerns about that. At the Commission, we have the authority to decide whether to act and what to do about that. We have not yet come to an agreement on that. We clearly will have further briefings from the staff on that and focus on that in the relatively near term. But I can't tell you what the outcome will be at this point. Mr. Ellison. Okay. All right. I think I have a few seconds to go. And with that time, I would like to just see--Mr. Curry, if you don't have time to answer, if you could just respond in writing. I have had a lot of constituents with Islamic-sounding names telling me they are losing access to bank accounts. I wonder if you have seen this coming up, if it is something that has come to your attention, and if there is any response you may have. I see the light is red. Maybe could you respond in writing. Mr. Curry. I would be happy to get back to you. I understand that is an issue in your district, and we are looking into it. Mr. Ellison. Thank you. Chairman Hensarling. The time of the gentleman has expired. The Chair now recognizes the gentlelady from Missouri, Mrs. Wagner, for 5 minutes. Mrs. Wagner. Thank you, Mr. Chairman. And thank you, panelists. This committee has received voluminous testimony from corporate CFOs, community banks, and academic experts that the costs of the Volcker Rule will dwarf its highly speculative benefits and that the rule will do significant damage to job creators and to our economy. In fact, the chairman referenced in his opening statement the academic research conducted by Washington University in St. Louis, in my district, which concluded that the Volcker Rule will take $800 billion out of the economy. Now, given the extensive evidence and testimony from those on the ground that the Volcker Rule will do far more harm than good, and given that you did not do a formal cost-benefit analysis, can someone on the panel please let me know what your evidence is to the contrary? Because I can't find the benefits in your 932-page rule. Chair White? Ms. White. I would say this, as I said earlier, obviously, there was, to begin with, a congressional judgment made to require the Volcker Rule. The agencies are all charged with carrying that out to be both faithful to the statutory mandate but also very--which is part of the statutory mandate, also very sensitive to the exemptions from that rule. We clearly, all of us in the process of this rulemaking, from the proposal stage to the adoption stage, solicited information and data and analyzed data on the impacts. Mrs. Wagner. What are the results of that data? Ms. White. I think you saw the results of that. That inquiry and analysis led to changes that I talked about earlier in order to reduce some of the negative impacts of the rule, the costly impacts of the rule. But we began with a statutory mandate to carry it out. Mrs. Wagner. I listened to some of your testimony. And specific to the SEC, Chair White, I think you said you thoroughly addressed the economic considerations of the rule. And I am trying to figure out where that is. Has a formal cost- benefit analysis been done on this by the agency? Ms. White. It depends, I guess, to some extent what you mean by ``formal cost-benefit analysis.'' The statute-- Mrs. Wagner. Where is the report? Where is the research? Where is the information? Where is the report? Ms. White. The statute under which we enacted the rules of the Bank Holding Company Act, it doesn't specifically require or even implicitly require a formal cost-benefit analysis. What we did do, all five agencies did do, was to tee up a full range of questions as to the economic impacts, and solicited the data. And if you look at the adopting release, you will see those discussed throughout in terms of the agency's thinking on that and conclusions on that. Mrs. Wagner. A lot of others have sure done analyses of these. And all I am seeing is cost, cost, cost, cost, cost coming from the business side, from the academic side, and from many experts on this. And I would be very interested in knowing just where specifically in all of the analysis that you have done, where the benefit side of this is. I would submit that this is a very costly rule to our economy and to the American people. Turning to something different, following up on Mr. Mulvaney's line of questioning, I am a little concerned about this working group and who has the power of enforcement, what lanes each one of your agencies are staying in. Who is in charge of the working group that you formed? Have you formed a working group? Mr. Tarullo. Yes. But by definition, as with all interagency committees, the agencies are independent and they each have a role, which has been given by statute. Mrs. Wagner. Who is in charge of the working group? Mr. Tarullo. Nobody is in charge of the working group. Mrs. Wagner. Have each of you assigned somebody to the working group? Mr. Tarullo. Yes. Ms. White. Yes. Mrs. Wagner. So you have a list of those who are assigned to this working group. For instance, will the SEC's Enforcement Division have to consult with the working group before opening a Volcker Rule investigation? Ms. White. The answer to that is we are not required to do that, no. We are an independent agency and are not required to do that. Again, however, everyone is focused on consistency across the agencies. Mrs. Wagner. You are focused on consistency, you each have your areas of jurisdiction, you say you have formed a working group. I am just confused as to who has the power of enforcement, and what happens when you differ? Perfect example: Let's say the OCC approves a trade or a trading strategy that a bank is doing, and then 6 months later the SEC comes in and says that those trades were in violation of the Volcker Rule. How do you resolve that conflict? Mr. Curry. At the OCC, we supervise the national banks and Federal savings banks. We have the authority and we examine on a regular basis to see if they are in compliance with all rules, including the Volcker Rule. If they are in violation of it, we have the enforcement authority. If it is a question of judgement as to whether-- Chairman Hensarling. The time of the gentlelady has expired. The Chair now recognizes the gentleman from Florida, Mr. Murphy, for 5 minutes. Mr. Murphy. Thank you, Mr. Chairman. And I want to thank all of the witnesses for your time and your testimony today. I know this has been talked about quite a few times today already, but I just want to follow up. Last December we had Secretary Lew here in front of the committee, and I asked him how the five agencies that are here today were going to split up the responsibility of implementing and enforcing the Volcker Rule. He said the current regulatory structure would flow through to the Volcker Rule depending on an institution's primary regulator and the products they trade. However, there are quite a few financial institutions in our country that are working to try to comply currently, and it has become clear to us that two or more different agencies could be responsible for supervising and enforcing the Volcker Rule for one institution. How is this going to work and who is ultimately going to be responsible for each of these discrepancies? And we can just go left to right. Mr. Tarullo? Mr. Tarullo. Again, Congressman, there will only be one primary regulator for any given financial institution or an affiliate within a bank holding company. That is the way the law allocates responsibility. Mr. Murphy. And they will know ahead of time, they will know as of now-- Mr. Tarullo. Yes. Broker-dealers know who they are, State member banks, non-member banks, yes. The inconsistency issue comes up across either different affiliates or different institutions. It is the effort to assure consistency in interpretation within broker-dealers on the one hand and national banks on the other that animates the coordination efforts. Mr. Murphy. I see some heads nodding, but is everyone in agreement? Ms. White. If I could just add, taking broker-dealers, again the SEC is the primary regulator of the broker-dealer, primary examiner of broker-dealers as well, and will in fact be primarily responsible for their compliance with Volcker. Mr. Murphy. Okay. Mr. Curry? Mr. Curry. It is our goal from the beginning to make sure that we have consistent application of the rules. We view this working group as the mechanism for doing it so that when we do apply it to the entities that we regulate as the primary supervisor, in my case national banks and Federal savings banks, we know that we are doing it in a consistent manner, that there is not a material difference between the treatment between a bank versus a broker-dealer under a bank holding company. Mr. Gruenberg. The issue here is created by the fact that we have diversified financial companies in the United States with multiple entities with different functions and different regulators. So you could have in the same company a national bank, a broker-dealer, and a State-chartered institution, all under a holding company structure, each with a regulator responsible for the activities of their particular part. So coordinating that is really the challenge. It is why all of the agencies here have responsibilities for some part of that diversified firm, and it is why the rule required all of the agencies here to participate. And the challenge of implementation is really going to be identifying the lead regulator for the part of the company that is impacted and having that regulator engage with the others. And that is a process that goes on in other areas of financial regulation, as has been pointed out, and is clearly going to be a key challenge here. Mr. Murphy. Mr. Wetjen? Mr. Wetjen. Thanks, Congressman. The only thing I would add is that the statute makes it very clear that we have an obligation to coordinate. And the other point I would make is something I mentioned in my oral statement, and Governor Tarullo reiterated it today at the hearing, which is there have been opportunities for at least the CFTC and the SEC to go their own way given what was required in the statute. That is not the choice that was made. Instead, we went beyond what was required in an effort to try and be faithful to the requirement under Section 619 that we-- Mr. Murphy. We are running low on time here. I just want to follow up, and I am wondering if you all fear that there are going to be different interpretations? And the reason I ask this is because when Secretary Lew was in here, he expressed confidence that, ``This leaves some space for supervisors to engage with the entities that they supervise to work through some detail.'' So if this is a constant process of interpretation, how do we ensure that there is consistency? Mr. Curry. Again, we decided that it was important to have a formal forum, and the working group was created for that purpose. Mr. Murphy. So all in the working group? Okay. Mr. Tarullo. It is probably important to note, Congressman, that a lot of the issues, particular kinds of instruments that are traded at broker-dealers, are not likely in many instances to be traded at national banks. So in a lot of cases, they actually won't be things that cross a lot of lines, but in some they are, and that is where the coordination and consistency mandate comes in. Chairman Hensarling. The time of the gentleman has expired. The Chair now recognizes the gentleman from Wisconsin, Mr. Duffy, for 5 minutes. Mr. Duffy. Thank you, Mr. Chairman. It has been interesting reading some of the reports that have come out about you all working together, the dysfunction, withholding documents, backstabbing, cutting people out, soliciting to get people to come across town for fried chicken. It is kind of like Congress. Maybe that was very effective. You have had a lot of questions about the proposed rule and final rule and a lot of commentary about the economic analysis, and I am going to stick to those topics. I think it is fair to say that there was concern that the questions that were brought up in the proposed rule were far different than the actual final rule. And many of us argue you should have reproposed the rule to solicit further commentary. I think a perfect example of that is there was surprise with regard to the CLO issue and the TruPS issue. Had you reproposed the rule, you would have been able to solicit commentary and get some insight into folks' concern. Why didn't you repropose the rule? The best reason I have heard is, we had an arbitrary timeline that we were trying to meet. But beyond that, it makes sense that you would have reproposed it and solicited comments. Why didn't you do that? Ms. White. As I said earlier, that is an issue that I considered independently. I think two of my Commissioners have commented on that. And the judgment was made, both in consultation with counsel, there was no requirement, given where the adopting rule was coming out, that we repropose. Mr. Duffy. With all due respect-- Ms. White. But we had a 2-year period of extensive input. And we teed up some of the questions that could have elicited some of these facts that have come out since then. Mr. Duffy. There are requirements and there are best practices. And you are aware of best practices as well. Ms. White. Absolutely. Mr. Duffy. And, I would ask you all, how many comments did you receive about CLOs and TruPS? Probably not very many, because it wasn't included in the proposed rule. And there was a whole slew of issues that don't match up. And I think the best practice, though you may not have been required, would have been to repropose the rule and get additional input from participants. And I still haven't heard a good reason why you wouldn't have done it except for this arbitrary timeline. Does anyone have a better reason? Ms. White. It wasn't an arbitrary timeline. I made the judgment that there was market uncertainty out there as well, we had had a 2-year period of extensive engagement on these issues, and that we should go forward. Mr. Duffy. We are talking about market uncertainty, and I don't think we have done much to alleviate that. We might have aggravated the problem of uncertainty with the rule itself. And frankly, I think, Ms. White, you had said that it wasn't wise to do a reproposal, which doesn't make sense to me, either. But I want to move on to the economic analysis. Ms. White, you have indicated that an economic analysis was done, I think you referenced the preamble to the rule. But you are very well- versed in doing economic analysis at the SEC. You are required to do it for the rules that you put out, the Division of Economic and Risk Analysis. Did you do one of those for the Volcker Rule? Ms. White. As I said earlier, I think what you are alluding to is our guidance, which actually does not require that it be applied, but I am a great proponent of that. Mr. Duffy. Binding guidance, yes. Ms. White. In this instance, again, we all as regulators really thoroughly addressed the economic considerations. Mr. Duffy. No, no, no-- Ms. White. Because it was a joint rulemaking, the dynamic of the joint rulemaking, I know that no agency's specific guidance applies to each other. Mr. Duffy. My question for you is simple: Did you do it? Ms. White. But we did do the analysis I have described. Mr. Duffy. You didn't go through the appropriate channels of doing an economic analysis which you do for other rules that you implement, right? No. You did not do that. Ms. White. The framework of our guidance wasn't applied, but we did-- Mr. Duffy. If you did that analysis-- Ms. White. --absolutely thoroughly consider economic considerations and responded to them. Mr. Duffy. If you would send me the report, I would love that. Do you object to now, ex post facto, doing an economic analysis, as done by the Division of Economic and Risk Analysis, per the memo from Ms. Schapiro? Ms. White. Again, I think we have done that analysis and we are focused on implementation at this point. Mr. Duffy. You have done that analysis, the Division of Economic-- Ms. White. We have done the economic analysis that I have described and I think-- Mr. Duffy. Do you object to doing the one that is consistent with the memo of Ms. Schapiro when you do other rules through the SEC? Will you do that same analysis for us ex post facto? Yes or no? Ms. White. Even though we have-- Mr. Duffy. Is that a no? I only have a couple of seconds left. Ms. White. The guidance wasn't applied. I don't think it would be constructive at this point to do that, for the reasons I have indicated. Mr. Duffy. And I guess just quickly, I have a bill out that will amend Section 13 of the Bank Holding Act. So if you are going to make any modifications to the Volcker Rule you actually go through an economic risk analysis. Any objections to going through that process should there be any modification? My time is up, Mr. Chairman. I hear you pounding the gavel. I will yield back. Chairman Hensarling. If the gentlelady wants to give a quick one-word answer? Ms. White. I think I answered, sir. Chairman Hensarling. Okay. The Chair now recognizes the gentleman from New Mexico, Mr. Pearce, for 5 minutes. Mr. Pearce. Thank you, Mr. Chairman. And I thank each one of you for being here today. I think it was Mrs. Maloney earlier in the hearing suggested that we concentrate on implementation. There has been a veritable cascade of questions on implementation, and that is where mine will fall. The subject has been finely tuned at this point of the hearing. Mr. Himes really got down to the point. Chair White, you had affirmed that we have an acute awareness that we need to work together. And I am not sure exactly what Mr. Tarullo might have said that got him the alpha, whatever designation he got, but something along the lines that the process is well- established and we don't see why we would have trouble. But Mr. Himes went ahead and got a little more focused and said, are you going to have a formal process? And I think your response, Mr. Tarullo, was that if it is so warranted, yes, we will do it if, it is warranted. And I guess my question is, are there circumstances that would warrant it that you can come up with in the recent past, or circumstances where you really come together and you all agreed on who said the football went over into the end zone. So are there good examples of coordination or bad examples of lack of coordination? Mr. Tarullo. Congressman, I think as you and a number of others have suggested, at least implicitly, this is a new kind of exercise here, because it has the banking regulators for whom there is a long track record of coordinating on an ongoing basis with the market regulators. So I don't know that the precedents based on the bank regulatory cooperation will carry over. I think they will. The reason I answered earlier that at some point something more formalized could be useful is because I just don't know at this juncture whether the success in having three agencies with staffs who have known one another well in doing coordination, all of whom are bank regulators, will carry over. I think it will, but it may not. And if it doesn't, then we may need to formalize things a little bit more. Mr. Pearce. I think from this side of the aisle, I would refer to a Washington Post article of 2012, and it is referring to exactly such a circumstance. It leads in saying that part of the problem is that the different agencies weren't communicating, specifically talking about the SEC. Mr. Wetjen, Mr. Luetkemeyer was the last to call on you. But with your two agencies, within the final paragraph or next to the last paragraph it says, when the agencies began talking, they worked at cross purposes. The report said that in one instance the SEC asked MF Global not to take the money set aside to help cover funds owed to the securities customers, while the Trading Commission told the firm to do exactly the opposite, to cover the firm's future customers. And so that resulted in $1.6 billion being taken out of segregated accounts. And we have people sitting in the room who are supposed to stop this. It is against the law to do that. And the regulators on such a major issue are exactly opposite. And so you heard Ms. Wagner's questions. Who is driving? Who will be the one to cut the baby in half or whatever we are going to do to make a decision here? I think there is a need for a formal process. I went through the table of contents of your stuff, I didn't go through the full 900 pages, I thought I could find it, to where maybe you did address that if we come to a crossroads, that so and so is going to be the alpha male, female, or whatever--I don't know if I would use the word that Mr. McHenry did--but still somebody has to be in charge, otherwise we wind up with customers getting nailed for $1.6 billion. Have you done a postmortem between the two agencies, how did this thing occur, that the regulator is sitting in with Senator Corzine and he takes $1.6 billion? There was another article, by the way, which says the authorities came to believe that an employee in MF Global's Chicago office transferred the customer money, perhaps inadvertently. Do you know how that sounds to our constituents, just an inadvertent transfer of $1.6 billion? Did you do a postmortem, either one of you, of the whole group? Has the working group sat and looked at the MF Global circumstance to say there are really reasons we need a process here? Mr. Wetjen. I think, if I could say, the real postmortem in the MF Global situation is that while it is obviously a horrible circumstance where for some amount of time there were customers-- Mr. Pearce. Could you speak up just a bit? The postmortem was what? Mr. Wetjen. I'm sorry. What I was trying to say is that the real postmortem is that while there were customer moneys lost for some amount of time, they are all going to be recovered in the bankruptcy process. Mr. Pearce. Okay. Mr. Chairman, please, I know I am over, but I am hearing one of the top regulators in the country say no harm, no foul. I'm sorry. That was your response, sir, that the money is going to be recovered. That is beside the point. It was against the law to take the money out, and one of the top five regulators in the country said no harm, no foul. I yield back, Mr. Chairman. Mr. Wetjen. Congressman, that is not what I said. In fact, there are enforcement actions under way to address what was happening in the MF Global situation. I was simply pointing out as far as any discrepancies at the staff levels between the agencies, those were unfortunate. I am not aware of what those discrepancies were. But the good news, the silver lining, if you will, is the fact that the moneys will be recovered. Chairman Hensarling. The time of the gentleman has expired. The Chair now recognizes the gentleman from Kentucky, Mr. Barr, for 5 minutes. Mr. Barr. Thank you, Mr. Chairman. I know we have covered this ground a little bit today, but I do want to continue the discussion about how the Volcker Rule as currently structured would have the serious potential to disrupt the collateralized loan obligation market. In particular, I am concerned about the impact that it could have on banks, some community banks in my home State of Kentucky. Obviously, these banks are looking for an attractive risk adjusted return, but as you know, the final rule arbitrarily converts AAA CLOs from debt securities into the equivalent of equity, thereby making them ineligible to be held by banks. It is estimated that banks would have to divest or restructure up to $70 billion of CLO notes if the rule as currently structured continues as a final unamended rule. And I want to share with you just a comment from a community bank, or part of a letter from a community bank to you all as the regulators promulgating this rule. This is a bank in my home State: ``We have invested $36.5 million in senior CLO debt securities, and they constitute 14 percent of our carefully managed investment portfolio. We view our investment portfolio as a conservative and much less risky component of our balance sheet. ``The final rule, if applied without clarification, could have a material negative impact to our capital base, which we have been trying to preserve after the losses incurred the past 4 years. It is hard to understand as a management team that was able to take a financial institution through the darkest days of the financial crisis why we should be presented with another existential threat based solely on an arbitrary and expansive interpretation of this final Volcker Rule. It would be tragic if our efforts over the last 2 years were considerably set back as a result of this final rule.'' And I would also note, I am concerned about the impact that it could have on credit availability for American companies, some in my district. Tempur-Pedic, which is a great company that has an innovative mattress that it has been able to provide to the American people, but, as you know, the CLOs currently hold approximately $300 billion in commercial loans to some of the most dynamic and job-producing companies in America. So it seems to me that the medicine that is being prescribed here, banks forced to sell billions in CLO paper in a fire-sale scenario and the loss of credit availability to dynamic companies like Tempur-Pedic in my district would be far more damaging to the credit markets than the perceived illness, which is the hypothetical that banks would suffer some kind of losses from holding AAA CLO paper. CLO paper, by the way, performed very, very well during the financial crisis. So I appreciate your testimony, Governor Tarullo, saying that this is a priority in the interagency working group, that you are going to reexamine this. I encourage you to do so on an expedited basis. But I want to know why this is even an issue to begin with, given the fact that the statutory language in Dodd-Frank under Section 619 carves out the sale or securitization of loans in market making. And I am just reading from the statutory language: ``Nothing in this section shall be construed to limit or restrict the ability of a banking entity or nonbank financial company supervised by the board to sell or securitize loans in a manner otherwise permitted by law.'' Why is this even authorized in Dodd-Frank? Mr. Tarullo. The short answer, Congressman, is because some of these CLOs don't have just loans in them that have been collateralized and bundled together; they have other securities as well. Mr. Barr. Okay. So if-- Mr. Tarullo. If you have a pure CLO, it would not be a covered fund. Mr. Barr. Okay. So how do you reconcile that with the risk retention rules under Section 941? You are characterizing CLOs under that rule as debt, but under this rule you are characterizing them as equity. Am I missing something? Mr. Tarullo. No. Again, it is the presence of the other securities, other than the collateralized loans. So that is why I was saying earlier, there are two distinct issues here. One, will the CLO market adjust going forward to include only loans and to bundle them together, which would then come under the exemption you just cited? They may not, in which case we have to think about that, too. But as I earlier said, the legacy issues are for the many CLOs that include things other than the loans. And that is where, as I said, our process is going to have to see whether we can find-- Mr. Barr. Ten seconds left, if I could. Could you give us a timetable on when you might be able to fix this and also whether the fix could be a grandfathering of existing CLO investments so as not to create turmoil? Mr. Tarullo. I can't answer either of those questions precisely right now other than to tell you that this is the first issue on the agenda. Mr. Barr. We may be following up with you on that timetable, because we do need a solution here. Chairman Hensarling. The time of the gentleman has expired. The Chair now recognizes the gentleman from Pennsylvania, Mr. Rothfus, for 5 minutes. Mr. Rothfus. Thank you, Mr. Chairman. I thank the panel for taking time to be with us here today for this very important hearing. You have been here with us for a few hours. So thank you for taking time out of your busy schedules. Governor Tarullo, as you know, the Volcker Rule includes an extended transition period designed to allow the preexisting legacy private equity investments of banking entities to run off naturally. These investments provide capital to small and medium-sized businesses throughout the country. However, as currently written, the rule effectively prevents banks of any size from taking advantage of this runoff period for existing investments in illiquid funds, which seems contrary to the intent of the exemption. It also will force banks to liquidate these investments at fire sale prices. With that in mind, please tell me how you plan to address these issues so regulated banks are not forced into taking significant losses on the investments. When is the Federal Reserve going to address the comments that it received expressing concern with respect to this aspect of the regulations? Mr. Tarullo. So, Congressman, as I was discussing earlier with some of your colleagues, the timing is in part for some institutions driven by accounting rules where there has been depreciation of the assets in question. More generally, I think everyone on the panel knew that there would be some divestiture required as a result of the rule, and that is why the period was created. We will be looking, as I indicated in an earlier answer, to see whether the quantum of particularly covered funds that are going to be divested in the conformance period are such as to raise these kinds of risks of fire sales. That is the information we are going to be gathering and that we will presumably be getting from the firms. As someone mentioned earlier, a number of firms, particularly the larger firms, have already been divesting in anticipation of the rule. Mr. Rothfus. Yes. We will be following up with you on that in writing. We are looking for a commitment that you would be interested in fixing this issue as it goes forward. We have spent the last 3 hours, more than the last 3 hours talking about the Volcker Rule and the tremendous amount of time that your respective agencies put into developing the rule: 932 pages; 297,000 words. Mr. Curry, Mr. Gruenberg, GAO's report regarding proprietary trading notes, ``Staff at the financial regulators and the financial institutions we interviewed also noted that losses associated with lending and other risky activities during the recent financial crisis were greater than losses associated with stand-alone proprietary trading. For example, one of the firms reported increasing the reserves it maintains to cover loan losses by more than $14 billion in 2008, and another of the firms increased its loan loss reserves by almost $22 billion in 2009. Further, FDIC staff, whose organization oversees bank failures, said they were not aware of any bank failures that had resulted from stand-alone proprietary trading.'' Did any of the 450 banks that failed during the crisis fail because of proprietary trading? Mr. Gruenberg. On the failure issue, we have had actually 492 since 2008. I don't know that you can identify proprietary trading as the cause of failure. Just to shed light on the issue, I think the activity of proprietary trading is really largely a function of the very large institutions, and those were not the ones, frankly, among the 492, and that may be part of the issue here. But to directly answer the question, it is true, of the institutions that failed, we wouldn't identify proprietary trading as the cause, but I am not sure that is really the key question here, because it is the concentration of the activity among the larger institutions that I think is what would need to be examined. Mr. Rothfus. Again, but the Volcker Rule is aimed at proprietary trading. And we went through the crisis, and not one of these banks failed because of proprietary trading. Isn't that true? Mr. Gruenberg. Yes. Mr. Rothfus. Yet we know that these institutions are still going to be able to take positions in GSE paper, Fannie paper, Freddie paper, municipal securities, as the chairman mentioned, Detroit, Puerto Rico. Is it fair to say that at least with respect to the Volcker Rule, the largest banks will still be able to take risky bets backed by the taxpayers on these exempted securities? Mr. Curry. From a large bank supervision standpoint--I think Governor Tarullo mentioned this earlier--we are going to be looking at the issue even more broadly in terms of whether their direct activities other than market making or underwriting, things that occur inside the bank, that they are done in a safe and sound manner, that there are appropriate risk-management controls in place, which is a little bit different than the approach with the Volcker Rule. Mr. Rothfus. Thank you. Chairman Hensarling. The time of the gentleman has expired. The apparent last questioner is the gentleman from Ohio, Mr. Stivers. He is now recognized for 5 minutes. Mr. Stivers. Thank you, Mr. Chairman. I would like to thank all of you for your patience and for being willing to sit through tons and tons of questions. I have a few questions. A lot of mine are follow-ups, because when you go last, you get to follow up on a lot of other people's questions. I do want to make a quick plug for something that Mr. Scott, Mr. Garrett, Mrs. Maloney, and Mr. Barr talked about on CLOs. I do believe that including CLOs doesn't reflect congressional intent and could have really disruptive and avoidable impacts on businesses that use CLOs to obtain financing and create jobs, and I would ask all the regulators to take a serious look at whether the grandfathering that Mr. Barr suggested or some other clarity for folks who already own these CLOs. We are changing the rules in the middle of the game. Hopefully, you are all willing to take a look at that issue, because I think it could have a major negative impact on jobs and on a lot of these companies that have used these to finance jobs. So I guess, raise your hand if you are willing to take a serious look at those issues and grandfathering and whether there are solutions. Thank you. I will take that as unanimous agreement. I really appreciate that. The first question I have is for Mr. Tarullo with regard to private equity, and so this is kind of a follow-up on what Mr. Rothfus just asked. But I am hearing a lot of concern around the definition of illiquid funds from the Federal Reserve, that a lot of folks believe that they won't be able to have access to the 5-year extension that could be granted to them because of the definition of illiquid funds. And I guess I am curious if you would be willing to take a look at that and its impact on the ability of folks to keep their capital or being forced to sell at a fire sale. Mr. Tarullo. Sure. I am happy to take any comments from people raising issues about it. Mr. Stivers. Have you considered or did you consider in the Volcker Rule with regard to private equity investments made prior to May of 2010, which is the cutoff date for the Volcker Rule, allowing some kind of grandfathering even up to, say, 3 percent of Tier 1 capital? Was that even something that was discussed or is it something that should be looked at? Mr. Tarullo. I don't recall any discussion of that, Congressman. I think that it was more of a decision as to when to put a cutoff date that-- Mr. Stivers. I would just urge you--maybe there should have been and maybe there still should be--so I would ask you to go back and take a look at that and capping that. Even if you cap it at some percent, these private equity investments have many of the same criteria of the loans that these banks make, and especially in the middle market, it is a big impact on a lot of these companies. My next question is for Ms. White. I want to shift a little bit to the municipal advisory rule. It is my understanding that the municipal advisory rule that was drafted was really intended to cover unregistered municipal advisors. Was that really the intent of that rule? Ms. White. That was certainly the core. Mr. Stivers. And so it troubles me that the way it is written, it requires issuers to hire a municipal advisor for every deal unless they do one of two things: put out an RFP; or sign a letter of engagement with a broker-dealer. I have the Ohio State University, which is partially in my district, and partially in Mrs. Beatty's district. They are pretty sophisticated. They don't want to have to hire a municipal advisor for every action, and it just creates an extra hassle for them and extra burdens and it forces them to sign a letter of engagement when they are pretty sophisticated. I guess I would ask you to take a look at that provision as well. Ms. White. Yes. And I think we recently, in January, put out a number of answers to some questions, I am not sure about that one, but we also recently stayed the effectiveness of the registration to July 1st, and obviously we can consider any other questions. Mr. Stivers. I really appreciated that. And I have asked Chairman Garrett to see if we could have a panel on that subject sometime between now and May to help give you some advice from us. The last thing I wanted to talk about is--and I know this has been hit on by many other people, Ms. Maloney and others-- so who here thinks, raise your hand if you think having one lead regulator for issues like the Volcker Rule, where there are five agencies collaborating, makes sense. Does anyone think it makes sense to have a lead, at least one lead? Okay. If you don't think it makes sense, could we go down the line and each one of you tell me how we deal with conflicts where you have different interpretations of the same rule, because unless you have one person in charge--I am a military guy--nobody is in charge. So I would love to hear how you think we should deal with conflicts. Mr. Tarullo. Congressman, I think this is the statutory scheme that we have been given, not just with respect to Volcker, but more generally. That is, we each have independent responsibility, we all try to be cooperative and accommodating to one another. But again, I don't think anybody is in a position to cede and say that Chair White is the ultimate decision maker of things that go on in national banks. It is an artifact of the system that has advantages, but it is also has some disadvantages. Chairman Hensarling. Fortunately for the panel, the time of the gentleman, and of all of the ladies and gentlemen, has expired. The Chair, though, does want to follow up with one request. The gentleman from New Jersey, Mr. Garrett, had made a request. Clearly, you have noticed a lot of concern about liquidity in the corporate bond market within this hearing. And, in fact, Chair White, I think your Division of Investment Management has also echoed a concern. The request was made by Chairman Garrett that your working group report on the status of liquidity in the corporate bond market on at least a quarterly basis. I don't think I gave him an opportunity to receive an answer from you, but I want to repeat that request. I would love an oral answer of yes, no, or maybe. Governor Tarullo? Mr. Tarullo. Maybe. And we will give it to you in writing, Mr. Chairman, you and Chairman Garrett. Chairman Hensarling. Starting out with one ``maybe.'' Just for the benefit of the panel, if we don't hear ``yes,'' I can guarantee you that you will get another invitation to testify before the committee in the next quarter. Maybe that will help color your answer, Chair White. Ms. White. It doesn't really change my answer. We will discuss it and get back to you. Chairman Hensarling. I'm sorry? Ms. White. I said we will take it up-- Chairman Hensarling. Okay. So that is two ``maybes.'' You can be a trendsetter here, Mr. Curry. Mr. Curry. I think I am a ``maybe.'' Chairman Hensarling. Three ``maybes.'' Mr. Gruenberg. We need to look at it and get back to you. Chairman Hensarling. Four ``maybes.'' Mr. Wetjen. I think the only thing I would add is I think probably the whole group would like to get to something in terms of what is being requested, but we just have to work through whatever obstacles there might be. Chairman Hensarling. You will get a formal request to get this information to the committee on a quarterly basis if it is not forthcoming. It is something terribly important. We will have another hearing within the next quarter. But I do want to thank all of the witnesses for your testimony today, and I want to thank you for your patience. The Chair notes that some Members may have additional questions for this panel, which they may wish to submit in writing. Without objection, the hearing record will remain open for 5 legislative days for Members to submit written questions to these witnesses and to place their responses in the record. Also, without objection, Members will have 5 legislative days to submit extraneous materials to the Chair for inclusion in the record. This hearing stands adjourned. 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