CFTC Reauthorization: Stakeholder Perspectives

Digital Assets and Bank RegulationHouse Agriculture · 2025-12-11 · 119th Congress
The House Agriculture Committee held this full committee hearing to examine reauthorization of the Commodity Futures Trading Commission (CFTC), whose appropriations authorization has lapsed since 2013. Begins at 0:10:56
Transcript
Highlights

Title

CFTC reauthorization: funding, staffing, and event contract oversight

Purpose

The House Agriculture Committee held this full committee hearing to examine reauthorization of the Commodity Futures Trading Commission (CFTC), whose appropriations authorization has lapsed since 2013. Witnesses — former Commissioner Dawn Stump, Edward Prosser (Commodity Markets Council/Scoular), Alicia Crighton (Futures Industry Association/Goldman Sachs), Rob Schwartz (former CFTC General Counsel), and Benjamin Schiffrin (Better Markets) — addressed agency funding and staffing, clearing capacity and margin adequacy, digital assets and the Clarity Act, and the CFTC's growing role overseeing sports and political event/prediction contracts. Begins at0:10:56

Who spoke

Chairman Glenn "GT" Thompson (R-PA)0:10:56: Opened the hearing, noted the CFTC's authorization lapsed in 20130:11:57, praised bipartisan work on the Clarity Act0:12:28, and later questioned witnesses on innovation, research modernization, and jurisdictional questions0:45:181:19:42.

Ranking Member Angie Craig (D-MN)0:14:22: Said the CFTC has operated without formal reauthorization for 12 years0:14:22, criticized the Trump administration's withdrawal of a chair nominee and staff cuts0:16:02, and pressed the panel on proposed 8% funding cuts0:53:39.

Hon. Dawn Stump, former CFTC Commissioner0:18:20: Argued reauthorization is more than symbolic and reaffirms the CFTC's distinct mission versus the SEC0:22:220:58:22; warned against legislating during a crisis, citing Dodd-Frank experience1:41:37, and said church/university retirement plans were unintentionally swept into "commodity pool" regulation2:21:04.

Edward Prosser, Scoular Company/Commodity Markets Council0:24:01: Gave six recommendations including funding, principles-based regulation, and market-structure review0:27:51; said uncertainty over biofuels policy has been "priced in" negatively for soybean markets1:40:16; said one commissioner "is not enough"1:45:38.

Alicia Crighton, Goldman Sachs/Futures Industry Association0:29:55: Said FCM clearing capacity is strained and margin adequacy needs attention0:31:52; testified no substantial progress has been made on clearinghouse margin methodology reform since her letter to then-Chairman Behnam1:28:411:29:13; supported FIA provisions in the Clarity Act and the "Griffin Fix" for customer priority in FCM bankruptcies0:34:220:34:52.

Rob Schwartz, former CFTC General Counsel0:35:08: Called the CFTC "the most important regulator most Americans have never heard of"0:38:34; said event contracts on sports fit the statutory definition of "swap" and fall under exclusive CFTC jurisdiction, but called that a policy question for Congress1:03:222:26:26; explained the whistleblower customer protection fund's recurring depletion risk2:10:22.

Benjamin Schiffrin, Better Markets0:40:16: Said the CFTC oversees $380 trillion in notional swaps/futures on a $365 million budget and has strayed toward crypto and prediction markets0:42:42; said CFTC enforcement has "ground to a halt"0:56:04; said the CFTC lacks authority/expertise to regulate sports gambling-style event contracts1:56:07.

Rep. Frank Lucas (R-OK)0:56:27: Asked Stump why separate CFTC and SEC regulators benefit consumers0:57:28 and pressed on Basel III capital rules' effect on clearing capacity0:58:53.

Rep. Jim Costa (D-CA)1:01:51: Sharply challenged Schwartz on why event contracts on sports, Musk's tweets, or a US attack on Venezuela aren't blocked under the statute's gaming prohibition, citing $614 million bet on the Super Bowl and $34 million on Venezuela1:04:261:04:55.

Rep. Doug LaMalfa (R-CA)1:07:22: Asked whether CFTC has capacity to regulate sports-betting-style event contracts given its current budget1:08:26.

Rep. Yassamin Ansari / "Miss Selenus" (D)1:12:45: Raised concerns the administration is "purposefully handicapping" the CFTC by leaving four commissioner seats vacant1:13:11.

Rep. David Scott (R-GA)1:17:57: Asked about impediments to the CFTC's research mandate and referenced his CFTC R&D Modernization Act1:18:24.

Rep. Jonathan Jackson (D-IL)1:22:05: Focused on risk to student-athletes from sports betting expansion amid staff cuts1:22:36.

Rep. Glenn Thompson (chair, second round)1:27:46: Asked about margin methodology progress and self-certification oversight1:28:411:32:06.

Rep. Shontel Brown (D-OH)1:33:51: Asked what new resources Congress must authorize to prevent risk to consumers given a single-commissioner CFTC1:35:39.

Rep. Andy Barr (R-KY, "Dr. Bar")1:39:03: Asked how regulatory uncertainty (biofuels policy) drives market volatility1:39:32 and what lessons Dodd-Frank offers for this reauthorization1:41:07.

Rep. Shomari Figures (D-AL)1:44:13: Asked whether the CFTC is set up for success given staffing reductions and rural broadband access barriers to market information1:44:451:48:19.

Rep. Rudy Yakym (R-IN, "Mr. Mesmer")1:49:00: Asked about the role of futures/options in managing farm volatility and touted his CFTC Charitable Organization Exemption Act for churches1:49:031:52:58.

Rep. Salud Carbajal (D-CA)1:54:16: Pressed Schiffrin on whether CFTC has expertise to regulate prediction-market gambling, citing Kalshi and Polymarket1:54:331:55:44.

Rep. Barry Moore (R-AL)1:59:05: Asked Stump about market structure legislation balancing crypto oversight with market growth1:59:05.

Rep. Don Davis (D-NC)2:03:20: Asked about barriers facing rural, small-scale, and minority farmers in derivatives markets2:03:59 and the swap definition's reach to sports event contracts2:07:36.

Rep. David Kustoff / Tennessee member ("Mr. from Tennessee")2:09:03: Asked about the whistleblower office/customer protection fund and reauthorization's effect on perceptions of US market stability2:09:252:12:38.

Rep. Zach Nunn ("Mr. Vinman", R-IA)2:14:10: Asked what the committee can do to lower grocery costs and whether any topics should be off-limits for event contracts, citing hypothetical bets on the president's health2:14:382:17:25.

Rep. Andy Harris (R-MD)2:19:21: Asked how Dodd-Frank's broad "commodity pool" definition unintentionally swept in church pension plans and endowments2:19:482:20:16.

Rep. Gabe Vasquez (D-NM)2:23:48: Argued sports-related event contracts undermine tribal gaming compacts and sovereignty in New Mexico, submitting a letter from the Indian Gaming Association2:24:122:27:15.

Rep. Tracey Mann (R-KS, "Mr. Man")2:28:54: Asked about international regulatory coordination and customer fund segregation in FCM bankruptcies2:29:322:31:11.

Rep. Nikki Budzinski (D-IL)2:34:00: Asked about margin/collateral stability for smaller agricultural firms and transparency improvements for end users2:36:402:38:30.

Rep. Mike Taylor (R-OH)2:39:40: Asked about risks of narrowing the swap definition and inconsistent rules governing CFTC advisory committees, announcing the CFTC Advisory Committee Improvement Act2:39:402:42:45.

Key moments

Ranking Member Craig said the CFTC has been reduced to "one commissioner in an acting chair capacity since September 2025" despite being designed as a five-member bipartisan body0:44:26.

Schiffrin stated the CFTC oversees $380 trillion in notional swaps and futures contracts on a $365 million budget, funded at its requested level only twice since fiscal year 2006 (FY2021 and FY2023), while at least 15% of staff has been cut since the Trump administration began0:43:562:44:26.

Sharp exchange between Rep. Costa and Schwartz over event contracts: Costa cited $614 million bet on the Super Bowl, $13 million on Elon Musk's tweet count, $34 million on a US attack on Venezuela, and $3 million on Russia conquering a Ukrainian city, asking "where in the hell are we going with this?"1:04:261:05:18; Schwartz called the statute a "yellow light" giving the CFTC discretion, not a flat prohibition1:03:43.

Craig noted House Appropriations Republicans proposed cutting CFTC's FY26 funding by 8% from FY25 levels rather than increasing it as the administration requested; all five witnesses said the cut was inappropriate given expanding responsibilities0:53:390:55:32.

Schwartz confirmed the definition of "swap" under Dodd-Frank includes anything "commonly known to the trade as a swap," and that sports event contracts have been submitted to the CFTC labeled "swap swap swap swap"2:26:26.

Rep. Vasquez argued CFTC-permitted sports event contracts bypass tribal gaming compacts and threaten tribal sovereignty and revenue for New Mexico's seven tribal nations, submitting a letter from the Indian Gaming Association2:23:482:24:12.

Crighton testified that despite a letter from Chairman Thompson urging stronger clearinghouse margin methodology, "in short, no," no substantial progress has been made, risking large margin spikes during volatility1:28:411:29:21.

Schwartz described a permanent gap in the CFTC's whistleblower customer protection fund: large awards can deplete the fund to zero, forcing furloughs of the whistleblower office staff, a problem Congress has had to patch repeatedly rather than fix permanently2:10:222:12:01.

Stump and Harris discussed how Dodd-Frank's broad "commodity pool" definition unintentionally swept churches, university endowments, and pension plans into Wall Street-style regulation, addressed only by revocable no-action letters from 2014 and 20172:20:162:22:12.

Schiffrin said it "would be impossible for the CFTC to adequately regulate the crypto markets, the prediction markets, and the traditional derivatives markets with the funding and staffing it has now"1:47:01.

Metadata

CommitteeHouse Agriculture
Chamber / CongressHouse · 119th Congress
Date2025-12-11
TypeHearing
Witnesses
The Honorable Dawn Stump — Former Commissioner, Commodity Futures Trading Commission
Mr. Edward Prosser — Senior Vice President, Special Projects, the Scoular Company and Member of the Board, Commodity Markets Council
Ms. Alicia Crighton — Managing Director, Global Co-head of Futures, and Head of OTC and Prime Clearing at Goldman Sachs & Co. LLC and Chair, Futures Industry Association
Mr. Rob Schwartz — Partner, Morgan Lewis & Bockius and Former General Counsel, Commodity Futures Trading Commission
Ms. Amanda Fischer — Policy Director & COO, Better Markets
Mr. Benjamin Schiffrin — Director of Securities Policy, Better Markets
The Honorable Dawn Stump — Former Commissioner, Commodity Futures Trading Commission
Mr. Edward Prosser — Senior Vice President, Special Projects, the Scoular Company and Member of the Board, Commodity Markets Council
Ms. Alicia Crighton — Managing Director, Global Co-head of Futures, and Head of OTC and Prime Clearing at Goldman Sachs & Co. LLC and Chair, Futures Industry Association
Mr. Rob Schwartz — Partner, Morgan Lewis & Bockius and Former General Counsel, Commodity Futures Trading Commission
Mr. Benjamin Schiffrin — Director of Securities Policy, Better Markets
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