Gary Gensler, the Securities and Exchange Commission chair, will testify before the Senate Banking Committee on Tuesday, after five months on the job. Based on his prepared remarks, he’ll make the case for additional resources to achieve a more expansive agenda than many of his predecessors at the commission.
Since his confirmation, Mr. Gensler’s public statements have generated much debate, many headlines and more than a few market movements, the DealBook newsletter reports. Here’s what to expect on Tuesday on some hot-button issues:
Mr. Gensler wants to “freshen up” the rules. To promote efficiency and competition, he’s considering structural issues, like whether there is too much concentration among market makers, and conflicts of interest, like those arising from payment for order flow. Speeding up transaction settlements, which now take about two business days, is also a goal he notes in his remarks, and one that Republican senators want him to pursue, a committee aide said.
When it comes to cryptocurrencies, buyers beware. Mr. Gensler will say that the new digital currency markets resemble a time before securities laws: He wants more investor protection in crypto finance, issuance, trading and lending.
Senator Elizabeth Warren, Democrat of Massachusetts, who has been outspoken about regulatory gaps in the crypto industry, will follow up on those concerns, an aide said. Senator Cynthia Lummis, Republican of Wyoming, will also press Mr. Gensler for regulation, but with an emphasis that reflects her support of the crypto industry. “We must have a balanced legal framework for digital assets that enables innovation and protects consumers,” she told DealBook in a statement.
More required disclosures on climate risk, human capital and cybersecurity are in the works. Perhaps sensing the resistance he’ll face on this issue, Mr. Gensler will note that “these proposals will be informed by economic analysis and will be put out to public comment, so that we can have robust public discussion,” according to his prepared remarks. Patrick Toomey, Republican of Pennsylvania and the ranking committee member, has pushed back on added disclosures on environmental, social and governance issues before, and he’ll likely renew these criticisms at the hearing.
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Other priorities include greater transparency on SPACs, China and insider info. The surge in special purpose acquisition companies that allow businesses to go public with fewer rules than traditional initial public offereings is cause for concern, Mr. Gensler will say, because of conflicts of interest that he believes are “inherent” in the structures.
He also wants the risks of Chinese companies that list on U.S. exchanges to be made more apparent. And he will discuss efforts to “modernize” a rule known as 10b5-1 on executive stock sales, which helps insulate insiders from accusations of trading on nonpublic information.
At the hearing, Mr. Gensler will get guidance from senators on what they think his priorities should be. How far he can advance his plans could depend, in part, on whether lawmakers give him more authority and resources.
Like Mr. Gensler, Sherrod Brown, Democrat of Ohio and the committee chairman, is keen on added transparency and stricter investor protections. According to his prepared remarks, Mr. Brown will open the hearing by saying that “the disconnect between the stock market and most Americans’ lives has never been more painfully clear,” and that, whatever the economic circumstances, “the hedge funds, the SPAC sponsors, the big banks, the brokers — the big guys seem to do just fine.”