[Senate Hearing 115-591] [From the U.S. Government Publishing Office] S. Hrg. 115-591 NOMINATION OF J. CHRISTOPHER GIANCARLO, OF NEW JERSEY, TO BE CHAIRMAN, COMMODITY FUTURES TRADING COMMISSION ======================================================================= HEARING BEFORE THE COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY UNITED STATES SENATE ONE HUNDRED FIFTEENTH CONGRESS FIRST SESSION __________ JUNE 22, 2017 __________ Printed for the use of the Committee on Agriculture, Nutrition, and Forestry [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] Available via the World Wide Web: http://www.govinfo.gov/ __________ U.S. GOVERNMENT PUBLISHING OFFICE 29-637 PDF WASHINGTON : 2019 ----------------------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Publishing Office, http://bookstore.gpo.gov. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800, or 866-512-1800 (toll-free).E-mail, [email protected]. COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY PAT ROBERTS, Kansas, Chairman THAD COCHRAN, Mississippi DEBBIE STABENOW, Michigan MITCH McCONNELL, Kentucky PATRICK J. LEAHY, Vermont JOHN BOOZMAN, Arkansas SHERROD BROWN, Ohio JOHN HOEVEN, North Dakota AMY KLOBUCHAR, Minnesota JONI ERNST, Iowa MICHAEL BENNET, Colorado CHARLES GRASSLEY, Iowa KIRSTEN GILLIBRAND, New York JOHN THUNE, South Dakota JOE DONNELLY, Indiana STEVE DAINES, Montana HEIDI HEITKAMP, North Dakota DAVID PERDUE, Georgia ROBERT P. CASEY, Jr., Pennsylvania LUTHER STRANGE, Alabama CHRIS VAN HOLLEN, Maryland James A. Glueck, Jr., Majority Staff Director Jessica L. Williams, Chief Clerk Joseph A. Shultz, Minority Staff Director Mary Beth Schultz, Minority Chief Counsel (ii) C O N T E N T S ---------- Page Hearing(s): Nomination of J. Christopher Giancarlo, of New Jersey, to be Chairman, Commodity Futures Trading Commission................. 1 ---------- Thursday, June 22, 2017 STATEMENTS PRESENTED BY SENATORS Roberts, Hon. Pat, U.S. Senator from the State of Kansas, Chairman, Committee on Agriculture, Nutrition, and Forestry.... 1 Stabenow, Hon. Debbie, U.S. Senator from the State of Michigan... 3 Witness Giancarlo, J. Christopher, Nominee to be Chairman, Commodity Futures Trading Commission..................................... 4 ---------- APPENDIX Prepared Statements: Giancarlo, J. Christopher.................................... 16 Document(s) Submitted for the Record: Roberts, Hon. Pat: Various organizations letter of support for J. Christopher Giancarlo to be Chairman of the Commodity Futures Trading Commission (CFTC).......................................... 24 Giancarlo, J. Christopher: 5-day letter, Committee questionnaire and Office of Government Ethics Executive Branch Personnel Public Financial Disclosure Report filed by J. Christopher Giancarlo.................................................. 26-63 Question and Answer: Giancarlo, J. Christopher: Written response to questions from Hon. Pat Roberts.......... 66 Written response to questions from Hon. Debbie Stabenow...... 70 Written response to questions from Hon. John Boozman......... 81 Written response to questions from Hon. John Hoeven.......... 83 Written response to questions from Hon. John Thune........... 85 Written response to questions from Hon. Steve Daines......... 88 Written response to questions from Hon. Luther Strange....... 91 Written response to questions from Hon. Sherrod Brown........ 94 Written response to questions from Hon. Amy Klobuchar........ 100 Written response to questions from Hon. Joe Donnelly......... 103 NOMINATION OF J. CHRISTOPHER GIANCARLO, OF NEW JERSEY, TO BE CHAIRMAN, COMMODITY FUTURES TRADING COMMISSION ---------- Thursday, June 22, 2017 United States Senate, Committee on Agriculture, Nutrition, and Forestry, Washington, DC The Committee met, pursuant to notice, at 9:46 a.m. in room 328, Russell Senate Office Building, Hon. Pat Roberts, Chairman of the Committee, presiding. Present or submitting a statement: Senators Roberts, Stabenow, Brown, Klobuchar, Bennet, Gillibrand, Casey, and Van Hollen. STATEMENT OF HON. PAT ROBERTS, U.S. SENATOR FROM THE STATE OF KANSAS, CHAIRMAN, U.S. COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY Chairman Roberts. I call this hearing of the Senate Agriculture, Nutrition, and Forestry Committee to order. I welcome my colleagues as we consider the nomination of Mr. J. Christopher Giancarlo to serve as Chairman of the U.S. Commodity Futures Trading Commission. Mr. Giancarlo, it was a pleasure to see you in Montana a few weeks ago. It reminds me of a Merle Haggard song, but we will not go there. [Laughter.] Chairman Roberts. I thank you for being with us here today. I note that you have your wife, children, and other close family and friends in the audience today. Allow me to welcome the family and you all to the Ag Committee. Thank you for coming. As noted in the CFTC's mission statement, this agency is charged with fostering open, transparent, competitive, and financially sound markets, while working to prevent systemic risk. Further, the Commission is tasked with protecting market users and their funds and consumers and the public from fraud, any manipulation, abusive practices related to derivatives and other products that are subject to the Commodity Exchange Act. The services provided by the CFTC allow farmers, ranchers, commercial companies, municipalities, pension funds, and others who rely on derivatives to hedge commercial risk and focus on what they do best--innovating and creating jobs and producing food, goods, and services for the economy. I might add that is a pretty big deal. It is essential the CFTC have individuals in charge who truly take its mission statement and responsibilities to heart. Mr. Giancarlo, you have demonstrated your understanding of that mission during your time at the CFTC. In fact--and I want to underscore this--in fact, in 2014, this Committee voted unanimously to advance your nomination, and the Senate confirmed you by a voice vote. Happy birthday Let us not forget, it was not the farmer, rancher, rural cooperative, electric utility, nor other end users who contributed to the financial crisis of 2008. Many members raised concern during consideration of Dodd-Frank effort and insisted the legislation provide flexibility to those who rely on these markets but did not contribute to the 2008 crisis. It is important to note that this was a bipartisan concern, yet when Dodd-Frank became law and the CFTC began writing new regulations, limited flexibility was provided from the heavy hand of government overreach. Therefore, moving forward, I think it is imperative that both Congress and our Federal financial regulators work to provide necessary and appropriate relief to our nation's providers of food and energy and to those who export U.S. goods. To do this, we need a functioning CFTC which handles regulations practically and looks to reduce Federal overreach. In fact, I believe the recent announcement of your initiative to apply current rules and regulations in a less burdensome manner is a perfect example of getting our Federal agencies back to how they were intended to function--governing, not ruling--and to be a true partner to our nation's market participants. Further, I am encouraged by the CFTC's launch of LabCFTC, which is intended to foster financial technological innovation, something that is happening at light speed today whether we like it or not. I am glad you intend to stay out ahead of the curve and engage with the modern derivatives marketplace. Mr. Giancarlo, it is imperative all Commissioners understand the historic nature of a portion of the markets the CFTC regulates, which is to provide risk management tools for producers of agriculture commodities. It is often lost on many in Washington that these financial markets create and allow for stability, stability that we all appreciate when we go to the grocery store on any given day and buy food at affordable prices. Functioning markets benefit every hardworking family in America. Those families would feel the effects if our agricultural producers lacked the market's affordable and effective risk management tools to help lock in fair and reasonable prices. This is especially true today as the farm economy is struggling, as we have talked about. I am grateful you understand and are committed to fostering a functional marketplace for all participants, and I especially appreciate your commitment to our rural stakeholders. Again, I thank the nominee for being here today. I look forward to your testimony. I now turn to my distinguished colleague and our Ranking Member, former Chairperson, for her opening remarks. STATEMENT OF HON. DEBBIE STABENOW, U.S. SENATOR FROM THE STATE OF MICHIGAN Senator Stabenow. Well, thank you very much, Mr. Chairman, and welcome again and congratulations, Mr. Giancarlo, on your nomination. I too want to welcome your family back again. Your secret weapon, your mom, is with you today, so we welcome her as well. Mr. Giancarlo, you testified last time before us in 2014 as a nominee for CFTC Commissioner. Back then, you shared the witness table with Commissioner Bowen and former Chairman Massad. I think it is fair to say the three of you worked hard to find consensus where possible in order to support the core mission of the CFTC to maintain transparency and competitive derivative markets. The CFTC Chairman has a wide range of responsibilities, as you know, that have a tremendous effect on farmers and families. If confirmed as Chairman, the decisions you make day to day will have a much larger impact on financial markets and consumers both here and abroad. As a Commissioner, I appreciate that you showed a willingness to work on a bipartisan basis to find consensus. I would like to also personally thank you for visiting Michigan last summer to listen to both farmers and manufacturers about their concerns and to discuss the importance of the CFTC. Having played a pivotal role at the Commission over the past 3 years, you understand as well as anyone what work lies ahead for the CFTC. While Wall Street reform has brought much needed transparency to the previously unregulated swaps market, there is much more work to be done at the Commission. The 2008 financial crisis exposed gaping weaknesses in our regulatory system, left the economy in ruins, and put millions and millions of Americans out of work. Nearly nine years since the crisis, parts of our economy have shown great resiliency and progress. However, we should not be complacent with the improvements we have seen. We need to keep moving forward, not backward. This Committee and the CFTC must not forget some of the Commission's crucial roles in overseeing the derivatives market: holding bad actors accountable, surveilling market participants, and monitoring systemic risk. From speculative position limits to capital requirements, the CFTC has unfinished business. It is critical that the Commission take action quickly on these issues to finish the rulemakings required under Dodd- Frank. The Commission should continue to build on the progress we have made and the progress we have seen in recent years. Mr. Giancarlo, I look forward to learning more about your plans for finishing this critical work. We cannot afford to delay any longer. Of equal importance is the CFTC's insufficient budget. Less than 2 months ago, the White House issued a budget proposal, which fell woefully short of what the CFTC needs to fulfill its mission. It is something you and I talked about. I appreciate that you courageously broke from the administration to issue your own proposal, recognizing the CFTC must be better funded in order to be a world-class regulator. I commend you for this, and I think it is very important that we work together to get the resources that are truly needed for this Commission to be able to do its work. I am committing my support to work with you on that. Simply put, the Commission cannot meet its responsibilities at the current funding level. The risks to our economy, which directly affect thousands and potentially millions of jobs, is too great to ignore any longer. I also note that on Tuesday, Commissioner Bowen announced she will be leaving the Commission in the coming months. With this announcement, Mr. Chairman, we need to confirm nominees for the four open Commissioner seats as soon as we can. We need to move quickly to ensure we have a full leadership team in place so the CFTC can do its important work. I look forward to working with you in that effort. Today, I look forward to learning more about your vision, Mr. Giancarlo, for the CFTC and how we can continue to build on the progress of reform to create more certainty for our agricultural producers, commercial businesses, and consumers. Whether we realize it or not, derivatives markets play an integral role in the everyday life of Americans. We must ensure regulators and market participants are fulfilling their responsibilities to promote safe and transparent markets. Thank you. Chairman Roberts. Mr. Giancarlo, as is the tradition and custom of the Committee, before we nominate witnesses, to provide testimony, I need to administer the oath. Please stand and raise your right hand. First, do you swear that the testimony you are about to present is the truth, the whole truth, and nothing but the truth, so help you God? Mr. Giancarlo. I do. Chairman Roberts. Second, do you agree that, if confirmed, you will appear before any duly constituted committee of Congress if asked to appear? Mr. Giancarlo. I will. Chairman Roberts. Thank you. Please proceed with your testimony. TESTIMONY OF J. CHRISTOPHER GIANCARLO, NOMINEE TO BE CHAIRMAN, COMMODITY FUTURES TRADING COMMISSION Mr. Giancarlo. Thank you. Thank you, Chairman Roberts, Ranking Member Stabenow, and members of the Committee. I am honored to testify before you. With your permission, I would like to introduce members of my family: my wife and my joy for 28 years, Regina; my dear brother, Dr. Tim Giancarlo; and my son, Henry Giancarlo. My older son, Luke, and my wonderful daughter, Emma, could not be with us this morning due to other responsibilities. But I would also like to introduce my wonderful mother, Mrs. Ella Jane Keegan. Mom? Chairman Roberts. You can stand. [Applause.] Chairman Roberts. Thank you, mom. Mr. Giancarlo. Mom taught my brothers and me three simple lessons, and that was arrive early to work, leave your workplace better than you found it, and give thanks every night for God's grace. I am blessed to have her as a mother and blessed by my wonderful family. Thank you. I thank many of you on the Committee for meeting with me before this meeting and over the past several years. You have all taught me a lot about the issues facing American agriculture. I last appeared before this Committee in 2014 upon my nomination by President Obama. At that hearing, I presented my professional credentials, and I also admitted my personal shortcomings of not having been raised on a farm. Nevertheless, I promised you that I would learn about American agriculture. In the 3 years since, I have met with farmers, ranchers, energy producers, and small and large manufacturers who use our markets to hedge production and price risk. I have been to Kansas, Michigan, Indiana, Illinois, South Dakota, North Dakota, Iowa, Minnesota, New York, New Jersey, Missouri, Kentucky, Ohio, Louisiana, Florida, California, Texas, and just a few weeks ago, Montana. I am not done traveling. I have milked dairy cows with family farmers in Minnesota, and I visited with grain and livestock growers in Iowa. I have walked factory floors in Illinois, oil refineries in Texas, grain elevators in Indiana, and power plants in Ohio. I have been 900 feet underground in a Kentucky coal mine and 90 feet above ground on a North Dakota natural oil rig. In Kansas, I met with Mary and Pat Ross at their feed lot in Lawrence, called on corn farmer Ken McCauley in White Cloud, and harvested soybeans with Pat O'Trimble in Perry. In Michigan, I toured the Fort Rouge automobile plant, visited the Star of the West flour mill, and talked to grain growers at Crop Production Services warehouse in Henderson. Now, while these visits have been delightful in their own right, they have made me a much better regulator of our ag commodity markets, and I thank members of this Committee for encouraging me to make these visits. As you know, for over a hundred years, American farmers and ranchers have used futures to hedge volatile commodity prices. They are the reason why consumers enjoy stable prices in the grocery story, whatever the conditions out on the farm. But derivatives also stabilize the cost of heating our homes, powering our factories, supporting residential mortgages, and generating returns on retirement savings. In short, derivatives help moderate price, supply, and other commercial risk, and thereby free up capital for economic growth, job creation, and prosperity. When I last testified, I said that my best qualification to serve was my expertise in over-the-counter swaps and that I was a supporter of the reforms in Title VII of the Dodd-Frank Act. In fact, I may well be the most longstanding supporter of market reform from either political party to serve at the CFTC. When Congress began drafting the bills that would become Title VII of the law, I had already championed its three key reforms: central clearing of swaps, swaps data reporting, and regulated swaps trading. My support is not based on academic theory or political ideology; it is based on my practical experience of 14 years in the markets. If confirmed, I have three priorities; first, to foster open, transparent, competitive, and durable derivative markets, free from fraud and manipulation. The day after the White House stated its intention to nominate me, I told a large gathering of industry executives that there would be no pause, no let-up, no reduction in our duty to enforce the law and punish wrongdoing, and I make that commitment again to you today. Second, we will conduct the agency's regulatory mission in support of broad-based economic growth. That means completing swaps market reforms that underpin healthy, durable, and vibrant markets, and it also means getting from where we are today to where we need to be, and that is a 21st century regulator for 21st century digital markets. Finally, we will carry out our regulatory mission in a way that respects the American taxpayer. We will get back to regular order in our operations, carefully manage appropriated resources, and apply our existing rules in ways that are simpler and less burdensome to the economy. Chairman and Ranking Member, this Committee has a strong tradition of bipartisanship, and I believe that practice--I have followed that practice at the CFTC by working constructively with my fellow Commissioners. I have voted with the majority in over 95 percent of the matters before the Commission over the past 3 years, and if confirmed, I will continue to act without partisanship. I will work with each of you with candor and promptness in our common purpose of serving the American people and the agricultural producers on which we all rely. Thank you. I look forward to your questions. [The prepared statement of Mr. Giancarlo can be found on page 16 in the appendix.] Chairman Roberts. Thank you, sir. Not long ago, you announced the launch of an agency initiative to review CFTC rules, regulations, and practices furthering the President's executive order to reduce excessive regulatory burdens. I understand your initiative is meant to identify existing rules and apply them in a less burdensome manner. In addition to this initiative, how do you plan to address regulatory reform, and what limitations might you encounter? Mr. Giancarlo. Thank you very much, Chairman. The CFTC has been in operation for almost--over 40 years now, and over the course of time, it is no surprise that regulations that have built up over time in some cases conflict with one another and other cases are out of date and in some cases just need a revisit and a refresh. I will give you an example. We recently revised a rule that at the time it was adopted years ago, it was considered to be very forward-looking in its technology application; that is, it required filing of information by fax. Here we are in 2017, and few people have fax machines anymore. So, over time, technology changes, market conditions change, and if rules are not occasionally and from time to time brought up to date and relooked at, they become stale and they become burdensome on the market as a whole. So what we have done with our Project KISS is to look at our existing rules, not the policies behind them, but the rules themselves, the practical application of the rules, and see whether they can be applied in ways that are simpler, less costly, and more straightforward and still achieve our policy objectives. Chairman Roberts. Thank you for that. Senator Stabenow. Senator Stabenow. Thank you very much, Mr. Chairman, and welcome again, Mr. Giancarlo. As you and I have talked about, the Commission at this point has had multiple efforts to complete the position limits rule that was mandated by Congress as part of Wall Street reform to protect families from spikes in food and energy costs that are caused by speculation. Will you commit to completing this critical rule as CFTC Chairman without further delay? Mr. Giancarlo. Yes. If I could add---- Senator Stabenow. Yes. Mr. Giancarlo. --I think it is very important. I think the opportunity is at hand. As you know, I voted for the most recent iteration of this rule, the most recent proposal. The comment period is now closed. We are going through those comments, and I believe we can get a position limits rule done. Senator Stabenow. Thank you. As I said in my opening comments, you recently stepped forward with a different budget proposal than what was proposed by the White House. The question that I have is even though your proposal was better in my judgement, there are still additional resources beyond that that are needed. What market oversight and personnel risk will the Commission face if its budget is not increased? Mr. Giancarlo. You know, before going into government, I spent 30 years in the private sector and most recently 14 years as an executive of a public company. I will work with whatever budget the appropriators give us, and I will make sure the mission is done. However, we have put forward a budget that does have some new elements in it, some elements as the markets have evolved, elements that I believe are necessary for us to keep pace with the market. So I will be making my case next week in front of Senate appropriators for our budget, which as you know is more than last year, and I am hoping they will see their way to the money. But whatever appropriators give us, we will do our mission with it. Senator Stabenow. I understand. I mean, that is what the CFTC has been doing and the Chairman has been doing for years which is, unfortunately, in my mind, limping along and not having the resources to fully do what is needed to really enforce the laws of to gain the confidence of those who count on the Commission to be able to do its job. So you will be advocating for the number that you have proposed, then---- Mr. Giancarlo. Yes. Senator Stabenow. --as opposed to what the White House has proposed? Mr. Giancarlo. We have put forward the number of $281.5 million, which is an increase of $31.5 million over the prior year's appropriation. I believe the number we are asking for is the right number for the CFTC with the mission it has before it today. Senator Stabenow. Thank you. The Chairman talked about and you have talked about what you call Project KISS---- Mr. Giancarlo. Yes. Senator Stabenow. Keep It Simple Stupid. We all appreciate that, reducing the regulatory burdens. But at the same time, we have the White House signing an executive order aimed at rolling back the Wall Street reforms. Mr. Giancarlo. Yes. Senator Stabenow. So how do both of those proposals relate to each other? Please speak about whether the intention overall is to roll back critical reforms to Title VII and to the derivatives. Mr. Giancarlo. So let me---- Senator Stabenow. --markets. Mr. Giancarlo. Let me--thank you. Let me be very clear. Project KISS is not about rolling back Dodd-Frank or Wall Street reforms in any shape or fashion. I am a supporter of Title VII, of Dodd-Frank, which has amended the Commodities Exchange Act with regard to the swaps that we oversee. I support those reforms, and so we are not looking to use Project KISS in any way to address that. Project KISS is a complete approach to our--the way that our agency applies reforms to see if we can do that in a simpler, more straightforward fashion. Senator Stabenow. Thank you. Then, finally, as Chairman, knowing what we know now about the enormous risk of cyberattacks---- Mr. Giancarlo. Yes. Senator Stabenow. --in terms of national security, what are your intentions to address this growing challenge. Do you believe that our Committee needs to provide additional authority to the CFTC to better protect the financial markets it oversees? Mr. Giancarlo. Thank you very much. I have said before and I share with former Chairman Massad the view that cyber risk is the number one threat to the markets that we oversee, and therefore, it has to be a priority in everything we do. Since I have stepped in as Acting Chairman, our head of cyber security now meets with me monthly and reviews not only all the attacks we have seen in the markets as a whole but every attack that we receive at the agency itself. I believe that the approach to cyber needs to be both a public and private approach, and that is because the nature of the threats we face are both from private actors and from state actors. So I think there is a very vigorous role for us at the agency. We work with U.S. law enforcement agencies. We work with regulatory agencies abroad as well as self-regulatory organizations as well as all of our major market participants. Cyber is a critical priority and will remain so. Senator Stabenow. I agree. Thank you, Mr. Chairman. Senator Stabenow. Senator Klobuchar. Senator Klobuchar. Thank you very much. Mr. Giancarlo, congratulations. Congratulations to your mom and your family. I think we talked before about this, and I know you talked about it at your last hearing. The commodity markets you have oversight of involve essentially two kinds of participants, the commercial end users who base their trades on actual physical products and then financial institutions, like hedge funds and investors who base their derivatives trades, of course, on fluctuations in prices or the index. So that is a particular concern of mine, just because we have a lot of products and grouping of people who fall into the first category. I know you visited Mackinson Dairy Farm, Blue Diamond Dairy. Mr. Giancarlo. Yes. Senator Klobuchar. I am very impressed you milked a cow. Your mom raised you well. [Laughter.] Senator Klobuchar. But what did you learn about the importance of the CFTC to these economic sectors, and what is going on with these sectors? How do you think that the CFTC could be responsive? Mr. Giancarlo. Thank you for that. I mean, you are absolutely right. I mean, my experience with that family dairy near Melrose in your state was formative. I often think about the Frericks family when I think about really the most basic element of our market participants, and that is some of our America's small-family farms. That even if they do not use these hedging instruments, they rely on the price signals that come from these futures markets to determine whether they are getting a fair price from their distributor. So that family, when they sell their milk, they are relying on price signals that come from our markets to know whether they are based on market fundamentals and not distorted by algorithms or speculators in the market. So that brought that very much home to me, and so our role as an agency is to make sure that the give-and-take of all the different market participants in our markets results in a fair price. Senator Klobuchar. Exactly. Mr. Giancarlo. It is a challenge in a world today that is increasingly dominated by these algorithmic traders. Senator Klobuchar. Exactly. You mentioned that issue of speculation, and we have spoken about that before. I know in high-frequency trading, the CFTC has been working on this regulation, automated trading, and I think those best practices are a good first step. What other steps do you think the CFTC can take to ensure that the pricing is accurate and it is not influenced by things it should not be influenced by? Mr. Giancarlo. Thank you. You know, when I talk to farmers and ranchers and they ask me questions about what is the role of high-frequency trading in the markets, I hear a lot of anecdotal concerns, but what we do not yet have is the--we are getting the data, but we do not have the analytical tools to really know whether the role in the market of these traders is harmful or benign or what mixture of the two. They do provide important liquidity in the markets. You could not have a market of just naturals. You would not have a market. So what I have asked for in our budget request is 12 additional economists, because what we really need to do is go beyond anecdotal concern and get to--and to take our data and bring it down to really hard analysis so that will drive our policy decisions. If we need to make policy decisions that might restrict some participation in the market, it needs to be based on hard data, and so I am looking to really beef up our analytical capability. Senator Klobuchar. Back to some of the product issues, in your testimony you note that the derivatives markets are not just useful for ag producers but impact many consumer issues like home heating fuels and propane. What steps are you currently taking to prevent the type of price hikes that we have seen in the past in the Midwest when it comes to heating? Mr. Giancarlo. So we have got to get our position limits right. I will tell you a story about a visit I made to First Energy in Akron, Ohio, and they told me that--it does not happen often. They have a small trading desk. I actually met with the person who does their energy trading. They only do about six or seven trades a day. They never speculate. If they are buying forward, it is to protect a position. They say a couple of winters, when you have got a polar vortex, if one of their generators goes down, they need to go into the market and they need to buy forward. They may have to break a position limit, and they need to know that they can do that. Otherwise, they are going to turn off the lights in some homes and turn off some heat. So we have got to make sure we have the flexibility built into our limits, yet at the same time, we are all concerned about the role of excessive speculations. So getting that balance right is vitally important. Senator Klobuchar. Very good. On the speculation front, what do you think needs to be done there? Then I will end. Mr. Giancarlo. Well, Congress has said that we should use position limits as appropriate to address the issue of excessive speculation, and as I said in response to the Ranking Member, I think we can get this done, provided that we address the concerns that have been raised by our energy providers and by our agriculture producers. Senator Klobuchar. Thank you very much. Mr. Giancarlo. Thank you. Chairman Roberts. Senator Gillibrand. Senator Gillibrand. Well, thank you so much for being here, and thank you for your dedication to serving others. Thank you for visiting my state. I am very grateful that you were able to spend some time in New York. In March of this year, you gave a speech where you remarked on your intention to comply with President Trump's executive order. This was your Keep It Simple Stupid deregulation view, and you mentioned that this is not an exercise in repeal or rewriting rules but rather streamlining. Has President Trump or anyone in his administration identified CFTC regulations they would like to eliminate or rewrite under the executive order or under your program? Mr. Giancarlo. No. Senator Gillibrand. One of the strengths of the CFTC's regulation is the U.S. person rule or cross-border jurisdiction rule, which provides the CFTC the power to guard against financial risk around the world. It is clear from the 2008 financial collapse that pooled risk anywhere in the world can cause significant problems at home. How often have you heard from market participants on reforming or curtailing the current U.S. person rule specifically for U.S.-based entities? Mr. Giancarlo. Well, I support it, the rule on capital for swap dealers, and I think Chairman Massad and I came to the right place on that rule. So I was proud to support him on that. I do not recall specific concerns raised on that in particular that has come to my attention. Senator Gillibrand. Do you foresee any changes to the U.S. person rules for the European or UK markets, especially as Brexit continues and you negotiate directly with the UK? Mr. Giancarlo. So this is an area where I actually agree with Chairman Gensler in that when it comes to our rules that concern our swaps rules, that concern a systemic risk, we do need to take the view that risk that builds up anywhere in the globe can come back to the United States. When it comes to issues of mechanics, then I am in favor of a more territorial approach and not exporting our mechanical approach to, say, swaps execution abroad. But on systemic risk concerns, then I think we have to take a global approach. Senator Gillibrand. Do you believe that you will rewrite these rules, or do you anticipate any actions to dilute the CFTC's jurisdiction? Mr. Giancarlo. No, no actions to dilute the CFTC's jurisdictions. I did propose in 2015--in fact, I wrote an 89-page white paper saying where I think the CFTC mis-implemented its swaps execution rules, and I said I think we got it wrong primarily because we did not follow Congress' stated prescription in the law itself that swaps executions should be done through any means of interstate commerce. That is the area where I have been very clear that I think the rule is in need of a rewrite. I think the law is correct. As I said before, Congress got it right. I think the CFTC got the swaps execution rules wrong. When it comes to swaps clearing, I have said we have got it right, and swaps transparency in terms of swaps reporting to swap data repositories, I believe we have got that right as well. The disappointment is we still have not realized it, 9 years after the crisis. Senator Gillibrand. One of the things President Trump campaigned on and members of his economic team actually endorsed, the idea of separating commercial banking from riskier financial activities. Has President Trump or anyone in the White House, including his economic team or the National Economic Council, spoken to you or anyone at the CFTC about reinstating an updated version of Glass-Steagall or any action that would divide commercial banking from riskier financial activities? Mr. Giancarlo. No. Senator Gillibrand. Have you examined how the CFTC may be employed through regulation and enforcement to separate derivatives dealing from commercial banking under that kind of framework? Mr. Giancarlo. I am not aware of any. Senator Gillibrand. Okay. The U.S. derivatives market is approximately worth $300 trillion. That includes $34 trillion worth of futures and options and $270 trillion in swaps. There are approximately 750 people that work at the CFTC. Currently, the budget, as the Ranking Member mentioned--currently, the CFTC budget is $250 million, far below other prudential regulators with similar regulatory responsibilities. Previous budgetary requests asked for a 30 percent increase, while your request is closer to 13 percent, and the President's budget has flat funding. Don't you think that Congress should look at how other prudential regulators like the SEC use mandatory funding mechanisms to provide a more reliable and standard funding source for the CFTC? Mr. Giancarlo. So I know this is a conversation that has been going on for a long time, and I know that senior people, including presidents of both parties, have called for a funding mechanism. Yet, at the same time, we have self-funding in our markets and through our self-regulatory organization, NFA, which charges fees. I have been concerned and have been raising concerns for the last 3 years about the changing nature of liquidity in our markets. Last week, I had breakfast with some of America's most prominent corporations, their corporate treasurers, including from Hershey's chocolates to General Motors, and they raised with me their decreasing ability to access liquidity in the market. So I do not advocate transaction fees for the reason of trading liquidity in the markets. I am concerned about that impact, but ultimately, this is a decision for our appropriators and our authorizers, and if they were to see fit to provide this mechanism, then we clearly would work within it. Senator Gillibrand. Thank you, Mr. Chairman. Chairman Roberts. I thank the Senator. I wish to thank Senator Gillibrand, Senator Klobuchar for appearing in person. This is--I think this is the latest women's movement here that we have on the Committee. I do not know what happened. Well, never mind. We are not going to go down that---- Senator Stabenow. You should be worried, Mr. Chairman. Senator Klobuchar. Very, very worried. [Laughter.] Chairman Roberts. It is no problem. That will conclude our hearing today. In closing, I would like to bring attention to a letter from a coalition of nearly 20 agriculture groups in support of Mr. Giancarlo's nomination, and that list includes some of the largest councils and cooperatives and associations in the ag sector. I am grateful to them for voicing their support. Without objection, the letter will be entered into the record at this point. [The letter can be found on page 24 in the appendix.] Chairman Roberts. Thank you, Mr. Giancarlo, for taking time to address this Committee and to answer the Committee's questions. It is clear that you are abundantly qualified to lead the CFTC and motivated to tackle the challenges that lay ahead. To my fellow members, I would ask that any additional questions you may have for the record be submitted to the Committee Clerk by 5:00 p.m. tomorrow, June 23. We look forward to receiving your responses, Mr. Giancarlo, and to further considering your nomination. The Committee is adjourned. Mr. Giancarlo. Thank you. [Whereupon, at 10:23 a.m., the Committee was adjourned.] ======================================================================= A P P E N D I X JUNE 22, 2017 ======================================================================= [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] ======================================================================= DOCUMENTS SUBMITTED FOR THE RECORD JUNE 22, 2017 ======================================================================= [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] ======================================================================= QUESTIONS AND ANSWERS JUNE 22, 2017 ======================================================================= [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]