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Cutting CFTC Budget by $57M, SEC Budget by $25M

February 24, 2011

The latest federal spending plan, pushed through by Republicans in the House, would reduce the CFTC budget by a third. Democratic President Obama would increase the budget by 80%.  Some top regulators of the derivatives industry say that any funding cuts, large or small, would be disastrous for the overseeing the $600 trillion industry.

It's crunch time for the CFTC, which has until July to complete new regulations for the derivatives industry - a deadline set by the Dodd-Frank Reform Act.  But CFTC Chairman Gary Gensler has found it difficult to write the Dodd-Frank regulations on a shoe-string budget.  At Thursday's hearing, the Commission considered several new regulations, including one to clarify which trading practices the agency might ban.  CFTC Commissioners voted 4:1 in favor of opening the plan for a 60-day public comment period.  Once the period closes, the agency must vote on a final version of the proposal.

    CFTC Headcount.   The Commission has 680 staffers - a headcount that was on hand back in 1999.  Chairman Gensler, however, wants to add more than 300 people to an agency of 680.  Of course, the House budget plan, passed Saturday, would reduce the CFTC's current budget, from $168mn to $111mn and would force layoffs.  The House plan also would cut the SEC's $1.1 billion by $25 million.  Like the CFTC, the SEC cannot realistically afford any cuts, large or small. 

CFTC Commissioner Bart Chilton says that the budgeting issues not only impact the writing of future regulations, but will render as meaningless new rules and regulations that were written since July 2010, because the Commission would be able to enforce them.

In the meantime, ongoing delays that result from political stalemates will continue to set back regulatory reform, even if funding is ultimately provided.   [NYT Dealbook, 2/24]