1 00:00:00,160 --> 00:00:03,400 Speaker 1: The SEC voted on a new mandate for hedge funds 2 00:00:03,480 --> 00:00:07,960 Speaker 1: that SEC chair Gary Gensler says will help lower risk 3 00:00:08,119 --> 00:00:12,119 Speaker 1: throughout the financial system. He spoke to Bloomberg's Kaylee Lines 4 00:00:12,160 --> 00:00:15,560 Speaker 1: about the new rule and more just moments after the vote. 5 00:00:15,600 --> 00:00:17,919 Speaker 2: Does this new rule go far enough to address those 6 00:00:17,960 --> 00:00:21,400 Speaker 2: concerns or will the SEC? Should the SEC, or will 7 00:00:21,440 --> 00:00:22,760 Speaker 2: the SEC do more. 8 00:00:22,600 --> 00:00:26,840 Speaker 3: To address that? Well, what we did today is one 9 00:00:26,960 --> 00:00:29,360 Speaker 3: part of a set of reforms that we're looking at, 10 00:00:30,320 --> 00:00:33,159 Speaker 3: but an important part of it because it has to 11 00:00:33,200 --> 00:00:36,080 Speaker 3: do with lowering risk in the system in the US 12 00:00:36,159 --> 00:00:40,000 Speaker 3: treasury markets, And to your question, there is a lot 13 00:00:40,560 --> 00:00:45,600 Speaker 3: of borrowing leverage in the treasury markets. Bringing things into 14 00:00:45,680 --> 00:00:49,360 Speaker 3: central clearing can address that in a number of ways. 15 00:00:49,920 --> 00:00:54,080 Speaker 3: One is the clearing itself does something called multi party netting, 16 00:00:54,480 --> 00:00:57,680 Speaker 3: which lowers a lot of risk in the system. But secondly, 17 00:00:57,760 --> 00:01:04,800 Speaker 3: clearinghouses collect more. They collect collateral against transactions, and right 18 00:01:04,840 --> 00:01:08,680 Speaker 3: now a lot of the markets is operating and is 19 00:01:08,720 --> 00:01:11,400 Speaker 3: not collecting collateral or margin. 20 00:01:12,160 --> 00:01:15,760 Speaker 2: So like the ICBC hack we saw just recently, which 21 00:01:15,880 --> 00:01:18,800 Speaker 2: was disruptive to the treasury markets in some ways, would 22 00:01:18,840 --> 00:01:21,360 Speaker 2: what just past today help avoid that in the future. 23 00:01:21,480 --> 00:01:23,880 Speaker 2: Is a step toward avoiding that, or do you still 24 00:01:23,920 --> 00:01:25,800 Speaker 2: see situations like that could arise. 25 00:01:26,440 --> 00:01:29,839 Speaker 3: I think there's some relation, but that's a separate risk, and. 26 00:01:30,360 --> 00:01:32,120 Speaker 1: We have to be very aware. 27 00:01:32,400 --> 00:01:36,360 Speaker 3: There are risks in our systems from cyber attacks, and 28 00:01:36,480 --> 00:01:41,560 Speaker 3: that circumstance is publicly revealed. It was a ransomware attack, 29 00:01:43,440 --> 00:01:51,480 Speaker 3: and that ransomware attack disrupted a treasury clearing broker dealer, 30 00:01:52,520 --> 00:01:57,680 Speaker 3: and so the clearing house operated smoothly through that. But 31 00:01:58,000 --> 00:02:02,640 Speaker 3: for that one clearing broker and its customers, they had 32 00:02:02,640 --> 00:02:04,280 Speaker 3: to quickly find workarounds. 33 00:02:04,720 --> 00:02:08,079 Speaker 2: Commission you Ada during the meeting today, to paraphrase his words, 34 00:02:08,160 --> 00:02:10,880 Speaker 2: essentially suggested, we, Camperton, this rule is going to solve 35 00:02:10,960 --> 00:02:13,919 Speaker 2: all the systemic risks present in this market. He mentioned 36 00:02:13,919 --> 00:02:17,359 Speaker 2: specifically higher interest rates, especially as the Federal Reserve is 37 00:02:17,400 --> 00:02:19,800 Speaker 2: about to make get another rate decision today. How concerned 38 00:02:19,840 --> 00:02:22,800 Speaker 2: are you about higher for longer rates and the potential 39 00:02:22,880 --> 00:02:25,160 Speaker 2: vulnerabilities it causes in treasuries? 40 00:02:25,400 --> 00:02:27,160 Speaker 3: Well, you'll be glad to hear that. I'm going to 41 00:02:27,240 --> 00:02:31,000 Speaker 3: leave interest rate policy to share Pal and his fellow 42 00:02:31,400 --> 00:02:36,280 Speaker 3: members of the Federal Reserve. But in terms of the 43 00:02:36,400 --> 00:02:40,680 Speaker 3: US treasury market, we have seen greater volatility. In fact, 44 00:02:40,720 --> 00:02:46,720 Speaker 3: we've seen volatility in the markets this year which are 45 00:02:46,840 --> 00:02:53,359 Speaker 3: historic earlier around the regional banking turmoil at the beginning 46 00:02:53,400 --> 00:02:55,960 Speaker 3: of the year, more recently even in the longer end 47 00:02:55,960 --> 00:02:58,880 Speaker 3: of the curve. And so it's really important to look 48 00:02:58,919 --> 00:03:03,200 Speaker 3: at the leverage in this system. And there's a lot 49 00:03:04,040 --> 00:03:07,400 Speaker 3: in the relationship between on the one hand, banks and 50 00:03:07,440 --> 00:03:11,160 Speaker 3: broker dealers and on the other hand hedge funds, and 51 00:03:11,240 --> 00:03:16,840 Speaker 3: that borrowing in the marketplace is part of what this 52 00:03:16,960 --> 00:03:20,400 Speaker 3: rule today will address, at least bringing the benefits of 53 00:03:20,440 --> 00:03:22,320 Speaker 3: central clearing that helps lower risk. 54 00:03:22,760 --> 00:03:22,919 Speaker 1: Well. 55 00:03:22,960 --> 00:03:26,119 Speaker 2: On the subject of hedge funds, separate news came yesterday 56 00:03:26,120 --> 00:03:28,680 Speaker 2: when a group of trade groups for hedge funds, including 57 00:03:28,720 --> 00:03:31,880 Speaker 2: the Managed Funds Association, filed suit regarding to rules the 58 00:03:31,919 --> 00:03:35,200 Speaker 2: SEC already passed earlier this fall related to short selling 59 00:03:35,240 --> 00:03:38,360 Speaker 2: and related securities lending. I know you can't comment on 60 00:03:38,400 --> 00:03:42,120 Speaker 2: a specific lawsuit, but when you think about them collectively, 61 00:03:42,240 --> 00:03:44,520 Speaker 2: the idea that Wall Street seems to be just taking 62 00:03:44,560 --> 00:03:47,240 Speaker 2: every rule you pass and taking it specifically to the 63 00:03:47,280 --> 00:03:50,680 Speaker 2: Fifth Circuit Court of Appeals, How does that make you feel? 64 00:03:50,680 --> 00:03:52,040 Speaker 2: How does that maybe change how you're thinking? 65 00:03:52,800 --> 00:03:58,720 Speaker 3: It's part of democracy and they have their rights to 66 00:03:58,800 --> 00:04:01,520 Speaker 3: do that. I feel very confident in the work that 67 00:04:02,200 --> 00:04:06,240 Speaker 3: the team is put together. The commission reviewed it, went 68 00:04:06,280 --> 00:04:09,440 Speaker 3: out to throw public comment, and I would note that 69 00:04:09,440 --> 00:04:14,200 Speaker 3: these are two rules to promote greater transparency in our market, 70 00:04:15,160 --> 00:04:19,720 Speaker 3: as mandated by Congress after the financial crisis of two 71 00:04:19,760 --> 00:04:24,400 Speaker 3: thousand and eight. Congress mandated that we adopt roles around 72 00:04:24,839 --> 00:04:32,320 Speaker 3: what's called securities lending and separately around short selling in 73 00:04:32,360 --> 00:04:36,560 Speaker 3: the markets. And that's what we did, based upon public feedback, 74 00:04:37,360 --> 00:04:39,960 Speaker 3: and very confident in a team's work. 75 00:04:40,560 --> 00:04:43,000 Speaker 2: But more broadly, beyond just those two rules, when you 76 00:04:43,000 --> 00:04:45,680 Speaker 2: look at the real like litany of course cases the 77 00:04:45,720 --> 00:04:49,400 Speaker 2: SEC is now grappling with, are you worried that Wall 78 00:04:49,400 --> 00:04:52,200 Speaker 2: Street is going to continue using the course to dismantle 79 00:04:52,240 --> 00:04:54,360 Speaker 2: the work of this regulatory body. 80 00:04:55,000 --> 00:04:58,080 Speaker 3: Again, this is not a new feature of our democracy, 81 00:04:58,720 --> 00:05:02,800 Speaker 3: and think frequently it's happened in the past as well. 82 00:05:02,920 --> 00:05:07,640 Speaker 3: So we put together all that we do according to 83 00:05:07,680 --> 00:05:11,799 Speaker 3: the legal authorities Congress has given us, and how courts 84 00:05:11,839 --> 00:05:15,280 Speaker 3: interpret those authorities. We do it based on public comment, 85 00:05:15,960 --> 00:05:20,320 Speaker 3: and we do it based upon economic analysis. And again 86 00:05:20,400 --> 00:05:26,160 Speaker 3: I feel very proud of this agency and the hard 87 00:05:26,200 --> 00:05:28,320 Speaker 3: working staff and my fellow. 88 00:05:28,000 --> 00:05:31,440 Speaker 2: Commissioners on the subject of Congress. Obviously, we're about to 89 00:05:31,480 --> 00:05:33,560 Speaker 2: head into an election year. There is a chance that 90 00:05:33,600 --> 00:05:37,560 Speaker 2: come twenty twenty five, Republicans can control both chambers of Congress, 91 00:05:37,560 --> 00:05:40,040 Speaker 2: potentially the White House as well. Does that set a 92 00:05:40,120 --> 00:05:42,080 Speaker 2: kind of deadline on the work you were doing here, 93 00:05:42,160 --> 00:05:45,039 Speaker 2: knowing that theoretically, within a certain number of legislative days, 94 00:05:45,080 --> 00:05:48,520 Speaker 2: Congress could have the power to overturn some of your rulemakings. 95 00:05:48,600 --> 00:05:50,680 Speaker 2: How are you thinking about timeline? 96 00:05:52,400 --> 00:05:55,479 Speaker 3: I think of it this way. We have a privilege 97 00:05:55,480 --> 00:05:58,919 Speaker 3: of service. Somebody like myself have privilege to service, and 98 00:05:59,000 --> 00:06:02,640 Speaker 3: it's about doing the maximum good for the maximum number 99 00:06:02,640 --> 00:06:06,000 Speaker 3: of people. Our clients, so to speak, are three hundred 100 00:06:06,040 --> 00:06:09,520 Speaker 3: and thirty million Americans in the time that we have 101 00:06:09,680 --> 00:06:11,480 Speaker 3: in these jobs. That's what I'm focused on. 102 00:06:12,400 --> 00:06:15,000 Speaker 2: And obviously the Commission and the staff of the Commission 103 00:06:15,080 --> 00:06:16,640 Speaker 2: is still hard at work on a number of issues, 104 00:06:16,680 --> 00:06:18,640 Speaker 2: one of them dealing dealing with a number of filings 105 00:06:18,680 --> 00:06:20,719 Speaker 2: of spot bitcoin ETFs. You know, mister Chaa, I have 106 00:06:20,760 --> 00:06:23,400 Speaker 2: to ask you this question. There has been a lot. 107 00:06:24,560 --> 00:06:28,840 Speaker 3: Very significant about the twenty six trillion dollar treasury market, 108 00:06:29,000 --> 00:06:32,839 Speaker 3: which is really the base of our entire capital markets. 109 00:06:33,360 --> 00:06:35,919 Speaker 3: It's how we fund our government, it's how our Federal 110 00:06:35,960 --> 00:06:39,480 Speaker 3: Reserve does monetary policy, it's how we maintain the dollar 111 00:06:40,000 --> 00:06:43,200 Speaker 3: dominance around the globe. And you want to ask me 112 00:06:43,279 --> 00:06:44,520 Speaker 3: about crypto in. 113 00:06:44,480 --> 00:06:47,640 Speaker 2: My defense, Commissioner you Ada also brought up crypto in 114 00:06:47,680 --> 00:06:49,120 Speaker 2: this open media priorities. 115 00:06:49,240 --> 00:06:55,640 Speaker 3: I mean, the US Treasury market is a very consequential, 116 00:06:56,040 --> 00:07:02,320 Speaker 3: very important market. Crypto secure are not only much smaller. 117 00:07:02,360 --> 00:07:04,920 Speaker 3: It's not how we fund our government, it's not how 118 00:07:04,960 --> 00:07:09,080 Speaker 3: we conduct monetary policy. And for many investors, they've been 119 00:07:09,160 --> 00:07:12,680 Speaker 3: harmed in that market, and they're being harmed because there's 120 00:07:12,760 --> 00:07:16,480 Speaker 3: too much non compliance. And it's not just non compliance 121 00:07:16,480 --> 00:07:19,920 Speaker 3: with securities laws, it's non compliance with the rift of 122 00:07:19,960 --> 00:07:23,760 Speaker 3: other laws, our sister regulator in the market space, the 123 00:07:23,840 --> 00:07:27,800 Speaker 3: Quality of Futures Training Commission, the US Department of Treasury, 124 00:07:27,840 --> 00:07:34,720 Speaker 3: and Financial Crimes Enforcement. But again I do ask, and 125 00:07:34,800 --> 00:07:37,720 Speaker 3: if you look at the focus and the priorities, the 126 00:07:37,880 --> 00:07:41,360 Speaker 3: US Treasury market and what we did today is really 127 00:07:42,200 --> 00:07:44,280 Speaker 3: quite important to our capital. 128 00:07:43,880 --> 00:07:47,040 Speaker 2: Markets, absolutely, and that's why we have discussed it. But 129 00:07:47,200 --> 00:07:50,440 Speaker 2: you are actively engaging with number of matters related to 130 00:07:50,480 --> 00:07:52,840 Speaker 2: crypto specifically, So I think, so this is this is 131 00:07:52,920 --> 00:07:56,240 Speaker 2: fair game, especially when you are having staff with meeting 132 00:07:56,280 --> 00:07:58,200 Speaker 2: with a number of issuers in recent days. 133 00:07:58,520 --> 00:08:00,720 Speaker 3: I'm glad that you at least now agree that the 134 00:08:00,760 --> 00:08:03,560 Speaker 3: priorities were more to the treasury market. So what is 135 00:08:03,600 --> 00:08:05,360 Speaker 3: your question about bitcoin? 136 00:08:05,560 --> 00:08:08,480 Speaker 2: We have seen in recent days SEC staff engaging with 137 00:08:08,560 --> 00:08:12,360 Speaker 2: issuers of a number of which have filed for spot ETF. 138 00:08:12,440 --> 00:08:15,800 Speaker 2: We've seen a number of amendments to those filings. It 139 00:08:15,920 --> 00:08:18,760 Speaker 2: seems that market participants in crypto have a sense that 140 00:08:18,800 --> 00:08:21,240 Speaker 2: we are reaching the end stages here. Typically is this 141 00:08:21,320 --> 00:08:24,520 Speaker 2: kind of engagement with the SEC. Not prejudging anyone filing, 142 00:08:24,520 --> 00:08:27,560 Speaker 2: but the level of engagement we are seeing signifying of 143 00:08:27,640 --> 00:08:31,280 Speaker 2: things getting easier, closer to resolving, or things getting more difficult. 144 00:08:31,360 --> 00:08:35,120 Speaker 3: Again. We have I think somewhere between eight and a 145 00:08:35,240 --> 00:08:39,080 Speaker 3: dozen filings in front of this agency with regard to 146 00:08:39,440 --> 00:08:45,400 Speaker 3: exchange traded products around bitcoin, and the staff of the 147 00:08:45,520 --> 00:08:52,160 Speaker 3: various divisions respond when market participants have filings. We also 148 00:08:52,280 --> 00:08:57,320 Speaker 3: had a court case earlier this fall in this regard, 149 00:08:57,360 --> 00:09:01,240 Speaker 3: and so we do things according to our authorities and 150 00:09:01,320 --> 00:09:04,640 Speaker 3: how courts interpret our authorities, and that's what we'll do 151 00:09:04,720 --> 00:09:05,440 Speaker 3: here as well. 152 00:09:05,679 --> 00:09:07,600 Speaker 2: I think you're referring there to the Gray Scale case. 153 00:09:07,679 --> 00:09:09,600 Speaker 2: Just one final question related to courts. As we talked 154 00:09:09,640 --> 00:09:13,080 Speaker 2: about a number of litigation the SEC is already dealing with. 155 00:09:13,120 --> 00:09:14,640 Speaker 2: There has been a lot of talk about one of 156 00:09:14,640 --> 00:09:19,400 Speaker 2: your other proposed rules changes related to climate disclosures and 157 00:09:19,720 --> 00:09:24,839 Speaker 2: Scope three being included, potentially unleashing another huge wave of litigation. 158 00:09:25,000 --> 00:09:28,240 Speaker 2: How is that informing the SEC's thinking as it considers 159 00:09:28,280 --> 00:09:29,720 Speaker 2: that final rule and what it looks like. 160 00:09:30,440 --> 00:09:33,959 Speaker 3: Well, we have right now in our capital markets, not 161 00:09:34,040 --> 00:09:37,720 Speaker 3: just hundreds, but probably over one thousand companies today that 162 00:09:37,800 --> 00:09:41,720 Speaker 3: are already making climate risk disclosures to investors. We have 163 00:09:42,400 --> 00:09:47,000 Speaker 3: investors representing tens of trillions of dollars of assets under 164 00:09:47,000 --> 00:09:52,040 Speaker 3: management making investment decisions based on those disclosures. So we 165 00:09:52,080 --> 00:09:55,880 Speaker 3: did We put out a proposal about twenty months ago 166 00:09:56,480 --> 00:10:01,720 Speaker 3: with regard to climate risk disclosures. We got lots of comments, 167 00:10:01,760 --> 00:10:05,520 Speaker 3: sixteen thousand comments, So we're still sorting through that. But again, 168 00:10:05,800 --> 00:10:10,000 Speaker 3: just as I said earlier, we will if we go 169 00:10:10,160 --> 00:10:14,080 Speaker 3: forward because I can't prejudge anything. We will do it 170 00:10:14,160 --> 00:10:20,080 Speaker 3: based on the law and how courts interpret our authorities. 171 00:10:20,600 --> 00:10:25,040 Speaker 1: SEC Chair Gary Gensler speaking with Bloomberg's Kaylee Lines for 172 00:10:25,200 --> 00:10:29,000 Speaker 1: more conversations just like this one. Subscribe to the Bloomberg 173 00:10:29,120 --> 00:10:33,680 Speaker 1: Talks podcast. I'm Charlie Pellett, and this is Bloomberg