[House Hearing, 116 Congress] [From the U.S. Government Publishing Office] EXAMINING FACEBOOK'S PROPOSED CRYPTOCURRENCY AND ITS IMPACT ON CONSUMERS, INVESTORS, AND. THE AMERICAN FINANCIAL SYSTEM ======================================================================= HEARING BEFORE THE COMMITTEE ON FINANCIAL SERVICES U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS FIRST SESSION __________ JULY 17, 2019 __________ Printed for the use of the Committee on Financial Services Serial No. 116-40 [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] __________ U.S. GOVERNMENT PUBLISHING OFFICE 39-740 PDF WASHINGTON : 2020 -------------------------------------------------------------------------------------- HOUSE COMMITTEE ON FINANCIAL SERVICES MAXINE WATERS, California, Chairwoman CAROLYN B. MALONEY, New York PATRICK McHENRY, North Carolina, NYDIA M. VELAZQUEZ, New York Ranking Member BRAD SHERMAN, California PETER T. KING, New York GREGORY W. MEEKS, New York FRANK D. LUCAS, Oklahoma WM. LACY CLAY, Missouri BILL POSEY, Florida DAVID SCOTT, Georgia BLAINE LUETKEMEYER, Missouri AL GREEN, Texas BILL HUIZENGA, Michigan EMANUEL CLEAVER, Missouri SEAN P. DUFFY, Wisconsin ED PERLMUTTER, Colorado STEVE STIVERS, Ohio JIM A. HIMES, Connecticut ANN WAGNER, Missouri BILL FOSTER, Illinois ANDY BARR, Kentucky JOYCE BEATTY, Ohio SCOTT TIPTON, Colorado DENNY HECK, Washington ROGER WILLIAMS, Texas JUAN VARGAS, California FRENCH HILL, Arkansas JOSH GOTTHEIMER, New Jersey TOM EMMER, Minnesota VICENTE GONZALEZ, Texas LEE M. ZELDIN, New York AL LAWSON, Florida BARRY LOUDERMILK, Georgia MICHAEL SAN NICOLAS, Guam ALEXANDER X. MOONEY, West Virginia RASHIDA TLAIB, Michigan WARREN DAVIDSON, Ohio KATIE PORTER, California TED BUDD, North Carolina CINDY AXNE, Iowa DAVID KUSTOFF, Tennessee SEAN CASTEN, Illinois TREY HOLLINGSWORTH, Indiana AYANNA PRESSLEY, Massachusetts ANTHONY GONZALEZ, Ohio BEN McADAMS, Utah JOHN ROSE, Tennessee ALEXANDRIA OCASIO-CORTEZ, New York BRYAN STEIL, Wisconsin JENNIFER WEXTON, Virginia LANCE GOODEN, Texas STEPHEN F. LYNCH, Massachusetts DENVER RIGGLEMAN, Virginia TULSI GABBARD, Hawaii ALMA ADAMS, North Carolina MADELEINE DEAN, Pennsylvania JESUS ``CHUY'' GARCIA, Illinois SYLVIA GARCIA, Texas DEAN PHILLIPS, Minnesota Charla Ouertatani, Staff Director C O N T E N T S ---------- Page Hearing held on: July 17, 2019................................................ 1 Appendix: July 17, 2019................................................ 113 WITNESSES Wednesday, July 17, 2019 Brummer, Chris, Professor of Law, Georgetown University Law Center......................................................... 77 Demiros, Meltem, Chief Strategy Officer, CoinShares.............. 84 Gensler, Hon. Gary, Professor of the Practice, MIT Sloan School of Management; Senior Advisor to the Director, MIT Media Lab; and Co-Director, MIT's Fintech@CSAIL........................... 80 Marcus, David, Head of Calibra, Facebook......................... 4 Pistor, Katharina, Edwin B. Parker Professor of Comparative Law, Columbia Law School............................................ 79 Weissman, Robert, President, Public Citizen...................... 82 APPENDIX Prepared statements: Brummer, Chris............................................... 114 Demiros, Meltem.............................................. 131 Gensler, Hon. Gary........................................... 145 Marcus, David................................................ 164 Pistor, Katharina............................................ 171 Weissman, Robert............................................ 183 Additional Material Submitted for the Record Waters, Hon. Maxine: Written statement of Chainalysis............................. 204 Written statement of counteringcrime.org..................... 206 Written statement of the ICBA................................ 209 Written statement of NAFCU................................... 213 Pressley, Ayanna: Press release dated June 18, 2019............................ 215 Tlaib, Hon. Rashida: Written statement of Americans for Financial Reform Education Fund....................................................... 218 ``Diversity in Blockchain's Initial Review of Facebook's Project Libra,'' dated June 24, 2019....................... 224 Written statement of epic.org................................ 261 Marcus, David: Written responses to questions for the record submitted by Chairwoman Waters.......................................... 264 Written responses to questions for the record submitted by Representative Posey....................................... 280 Written responses to questions for the record submitted by Representative Wagner...................................... 284 Written responses to questions for the record submitted by Representative Hill........................................ 287 Written responses to questions for the record submitted by Representative Davidson.................................... 289 EXAMINING FACEBOOK'S PROPOSED CRYPTOCURRENCY AND ITS IMPACT ON CONSUMERS, INVESTORS, AND THE AMERICAN FINANCIAL SYSTEM ---------- Wednesday, July 17, 2019 U.S. House of Representatives, Committee on Financial Services, Washington, D.C. The committee met, pursuant to notice, at 10:13 a.m., in room 2128, Rayburn House Office Building, Hon. Maxine Waters [chairwoman of the committee] presiding. Members present: Representatives Waters, Maloney, Velazquez, Sherman, Meeks, Clay, Scott, Green, Perlmutter, Himes, Foster, Beatty, Heck, Vargas, Gottheimer, Lawson, San Nicolas, Tlaib, Porter, Axne, Casten, Pressley, McAdams, Ocasio-Cortez, Wexton, Lynch, Adams, Dean, Garcia of Illinois, Garcia of Texas, Phillips; McHenry, Posey, Luetkemeyer, Huizenga, Duffy, Stivers, Wagner, Barr, Tipton, Williams, Hill, Emmer, Zeldin, Loudermilk, Davidson, Budd, Kustoff, Hollingsworth, Gonzalez of Ohio, Rose, Steil, Gooden, and Riggleman. Chairwoman Waters. The Committee on Financial Services will come to order. Without objection, the Chair is authorized to declare a recess of the committee at any time. Today's hearing is entitled, ``Examining Facebook's Proposed Cryptocurrency and Its Impact on Consumers, Investors, and the American Financial System.'' I now recognize myself for 5 minutes to give an opening statement. Today, we are here for a hearing on Facebook's proposed digital currency, Libra, and digital wallet, Calibra, and their impacts on consumers, investors, and the financial system. Our first witness is David Marcus, Calibra's CEO. Following his testimony, a panel of experts will share their views on Facebook's plans. I have serious concerns with Facebook's plans to create a digital currency and digital wallet and its effort to enlist partners that expand its reach, like MasterCard, PayPal, Visa, Uber, Lyft, and Spotify. Facebook is apparently trying to create a new global financial system that is intended to rival the U.S. dollar. This venture is slated to be based in Switzerland, which has a history of being a monetary haven for criminals and shady corporations. Facebook's plans raise serious privacy, trading, national security and monetary policy concerns, not only for Facebook's over 2 billion users, who will have immediate access to these products, but also for consumers, investors, and the global economy. In addition, Facebook has proposed backing Libra tokens with government currencies and government-guaranteed securities, and holding them in a so-called Libra Reserve, to be governed by Facebook and its partners. Ownership of government assets on such a massive scale without proper oversight threatens to concentrate government influence in the hands of a few elites. Ultimately, if Facebook's plans come to fruition, the company and its partners will yield immense economic power that could destabilize currencies and governments. Facebook's proposed entry into financial services is all the more troubling because it has already harmed vast numbers of people on a scale similar to Wells Fargo, and demonstrated a pattern of failing to keep consumer data private, on a scale similar to Equifax. Facebook remains under a 2011 consent order from the Federal Trade Commission for deceiving consumers and failing to keep consumer data private. In the wake of the Cambridge Analytica scandal, in which Facebook provided 50 million users' private data to a political consulting firm, the company will reportedly pay a record $5 billion fine to the FTC for data privacy failures. In addition, Facebook has allegedly insecurely stored user passwords dating back to 2012, paid unsuspecting teenagers to download spyware, experienced a hack of nearly 50 million accounts, and experienced a software bug that granted third- party access to 6.8 million users' photos. It has also been sued by HUD and civil rights groups for violations of the Fair Housing Act, in what amounts to modern-day redlining. Facebook also allowed malicious Russian state actors to purchase and target ads in a campaign to influence the 2016 election. I am also concerned about the lack of diversity in Facebook's upper ranks, and I fear that if these plans go forward, women and minorities, and women- and minority-owned businesses may be excluded from participating fully. In light of these and other concerns, my colleagues and I wrote to Facebook earlier this month to call on it to cease implementation of its plans until regulators and Congress can examine the issues associated with a large technology company developing a digital currency, and take action. The Independent Community Bankers of America and others support this common- sense step. Facebook's plans also raise larger concerns about big tech's expansion into financial services, as it appears to inappropriately mix commerce and banking activities. So today, we will discuss a draft bill, the Keep Big Tech Out of Finance Act, which would prevent large platform utilities like Facebook from becoming financial institutions and block them from creating their own currencies. Today's hearing is only the first step in our oversight and legislative process. I look forward to hearing from our witnesses. The Chair now recognizes the ranking member of the committee, the gentleman from North Carolina, Mr. McHenry, for 5 minutes for an opening statement. Mr. McHenry. We are here to go beyond the headlines. We are here to sift through the speculation and the hearsay. Here is just one of my favorite headlines which asks, ``Is Facebook forming a Crypto Mafia as Libra Foundation's Members Boost Each Other's Businesses?'' Washington must go beyond the hype and ensure that it is not the place where innovation goes to die. Just because we may not fully understand a new technology proposal does not mean we should immediately call for its prohibition, especially when that proposal is just that, a proposal. But let's face it. Let's be honest. It is Facebook. And I am skeptical, but we can either make you a political talking point or we can choose to conduct thoughtful governmental oversight. That is my hope for this day: thoughtful government oversight. The reality is whether Facebook is involved or not, change is here. Digital currencies exist. Blockchain technology is real and Facebook's entry in this new world is just confirmation, albeit at scale. The world that Satoshi Nakamoto, author of the Bitcoin White Paper, envisioned, and others are building, is an unstoppable force. We should not attempt to deter this innovation, and governments cannot stop this innovation, and those who have tried have already failed. So the question then becomes, what are American policymakers going to do to meet the challenges and the opportunities of this new world of innovation? Some politicians want us to live in a permission-based society, where you need to come to the government, and ask for its blessing before you can begin to even think about innovating. Those are the politicians who would rather kill it before it grows. But there are others who believe in the vibrancy of American ingenuity, American innovation, who recognize that our economy is built off of generations of entrepreneurs and innovators through competition, through testing, through tinkering, and through iterating, which got us here today. To be clear, it is not about advocating for a break-it-and- figure-it-out-later approach, but when it comes to finances, we must ensure that consumers and investors are protected. So, Mr. Marcus, let's get to work. Let's have that conversation. Let's answer those questions. Instead of a knee- jerk reaction of banning something before it begins, my Republican colleagues and I want to first try and understand it, and, in turn, based off what we learn, determine whether or not our current regulatory framework meets the demands of this new technology. That is why we are here today. Look, I don't have a crystal ball. I have no idea if Libra will lead to greater financial inclusion, and lower remittance costs, which would mean families could send money to each other more cheaply and easily than today, or if it is just a ploy to shoot Facebook's Twitter mentions through the roof. We will see. But what I do know is this: Republicans stand ready to work with innovators to successfully implement responsible technology here in the United States, here, domestically, before we lose out to other countries around the world. So I ask my colleagues on both sides of the aisle to join together in supporting innovation, ingenuity, and the entrepreneurial spirit that this nation was founded upon. I am grateful for this hearing. I called on Chairwoman Waters to have this hearing a month ago, and this is a bipartisan approach to oversight. And with that, I would like to yield the balance of my time to Mr. Hill. Mr. Hill. I thank the ranking member. This timely hearing touches on critical areas of jurisdiction within our committee: fintech innovation; oversight questions related to the use of and trading of cryptocurrencies; and the intersections of financial services and big data. We therefore must ensure that we are asking thoughtful questions, as we learn about and analyze these rapidly emerging trends. As a former community banker, I understand the importance, with appropriate regulation and balance, to benefit American consumers, and as lawmakers we all need to ensure that all the companies that operate here in America, with American consumers, are in full compliance of those laws. America is evolving into a digital era, and we need to make sure that we are asking the right questions. I urge my colleagues to do that, but always trust but verify. I yield back. Chairwoman Waters. Today, we have two panels. I want to welcome our first witness, Mr. David Marcus, chief executive officer of Calibra. David Marcus has been CEO of Calibra for the last 2 months and also identifies himself as working for Facebook. Prior to Calibra, Mr. Marcus explored blockchain and served as vice president for messaging products for Facebook. He has also served as president of PayPal and other tech companies. Mr. Marcus, without objection, your written statement will be made a part of the record. You will have 5 minutes to summarize your testimony. When you have one minute remaining, a yellow light will appear. At that time, I would ask you to wrap up your testimony so we can be respectful of both the committee members' time and others. Mr. Marcus, you are now recognized for 5 minutes to present your oral testimony. STATEMENT OF DAVID MARCUS, HEAD OF CALIBRA, FACEBOOK Mr. Marcus. Thank you, Madam Chairwoman. Chairwoman Waters, Ranking Member McHenry, and members of the committee, thank you for the opportunity to appear before you today. My name is David Marcus and I am the head of Calibra at Facebook. For most of my life I have been an entrepreneur, building products aimed at improving people's lives. For many years, my focus has been financial services. I became PayPal's president after it acquired my last startup, and I moved to Facebook about 5 years ago to run Messenger, and more recently to lead our blockchain efforts. In my written testimony, I describe the mechanics of Libra. Today, I want to explain why I am optimistic about what Libra can offer the world. But before I get there, I want to make clear that we recognize we are only at the beginning of this journey. Federal Reserve Chairman Powell has said publicly that the process for launching Libra needs to be patient and thorough, rather than a sprint to implementation. Treasury Secretary Mnuchin reinforced those views at his recent press conference. We strongly agree with both of them. We will take the time to get this right. We expect the review of Libra to be among the most extensive ever. We are fully committed to working with regulators, here and around the world. Chairwoman Waters, speaking on behalf of Facebook, I pledge to you that Facebook will not offer the Libra digital currency until we have fully addressed regulators' concerns and received appropriate approvals. I would like to start by sharing the vision for Libra. Libra is intended to address an important problem. Imagine a daughter who wants to send money home to her mom in another country. Of the $200 she sends, $14, on average, will be lost because of fees. It can also take several days or even a week for the mother to receive the money, a delay that can prove disastrous in an emergency. Not to mention lines may be long and collection points may be in high-crime areas. But it doesn't have to be that way. Wouldn't it be easier and safer if people could securely and inexpensively receive money transfers through their smartphones, just like they do for so many other things today? That is what Libra is about, developing a safe, secure, and low-cost way for people to efficiently move money around the world. To realize Libra's promise, Facebook and 27 other organizations have founded the independent Libra Association. These include companies in the payments technology, telecommunications, blockchain, and venture capital industries, and nonprofits like Women's World Banking, who is here today, along with staff from the Libra Association. The Libra Association will govern the Libra blockchain network and administer the Libra reserve. It will establish the rules of the road and will prioritize privacy and consumer protection, and it will implement safeguards that require service providers in the Libra network to fight money laundering, terrorism financing, and other financial crimes. We expect these safeguards will at least meet, if not exceed, existing standards and improve the integrity of the global financial system. When fully formed, we expect the Libra Association to include 100 diverse members. Facebook will only have one vote and will not be in a position to control the association, nor will Facebook or the Libra Association position themselves to compete with sovereign currency or interfere with monetary policy. In fact, the Association will work with the Federal Reserve and other central banks to minimize the risk of any competition with their currencies or interference with their monetary policy. These areas are properly the province of central banks. Finally, I would like to turn to Facebook's role in realizing the potential of Libra. To facilitate Libra's use, Facebook has established a subsidiary, known as Calibra, that will offer one of many digital wallets on the Libra network. Using the Calibra Wallet, consumers will be able to save, spend, and send Libra right from their smartphones. If this is successful, Facebook will benefit from more commerce across the family of apps that it operates. Calibra will be affordable and accessible and also be safe and secure, with strong safeguards to protect users' accounts and information. We expect that the Calibra Wallet will be governed by rules administered or enforced by FinCEN, OFAC, and the FTC. It will also be regulated by State financial regulators. Calibra is committed to protecting the privacy of its customers. The Calibra Wallet will not share individual customer data with the Libra Association or even with Facebook except for limited circumstances such as preventing fraud or criminal activity in complying with the law. I am excited about the potential that Libra and Calibra hold, and I am proud that we have initiated this effort here in the United States. I believe that if America does not lead innovation in digital currency and payments, others will. If our country fails to act, we could soon see a digital currency controlled by others whose values are dramatically different from ours. I believe that Libra can drive positive change for many people and can provide an opportunity for leadership consistent with our shared values. I look forward to answering your questions. [The prepared statement of Mr. Marcus can be found on page 164 of the appendix.] Chairman Waters. Thank you. I now recognize myself for 5 minutes for questions. Mr. Marcus, Facebook's 2.7 billion users entrust you with their most intimate thoughts, pictures, feelings, ideas, and sensitive information. Yet at every opportunity to demonstrate growth, competence, and responsibility, Facebook has let us down. As I already noted, Facebook has a long list of scandals, including its repeated failures to safeguards its users' data. You said that we don't need to trust Facebook because it will only be one of 100 members in the Libra Association that will manage this project. But that is not entirely true, is it? The project was Facebook's idea. Facebook is spearheading it and recruiting partners. Facebook's subsidiary, Calibra, will provide consumers with a digital wallet to store Libra tokens. As I understand it, no member of the Association has paid anything towards the project. So my question is, why should we trust Facebook to do these activities? Mr. Marcus. Thank you, Madam Chairwoman. I think trust is really essential, and it is clear that we have made mistakes. I believe we are owning these mistakes and working hard in remedying them and working hard at improving on all fronts. But as far as the Libra Association is concerned and the way that this project has been developed, we have invested everything that has been invested so far in Libra--you are absolutely right--and we have built all of the code base, the technology, up to this point. But we have also given, donated, if you will, the technology, because it is now open source for the whole world to be able to use and leverage. As a result, we are not controlling the code base, and by the time we launch, we will be one of 100 members with no special privilege. As far as the wallet is concerned, I believe that the idea here is that one day we will launch and suddenly 2 billion people will arrive on the Calibra Wallet. This is not the approach we are taking. People will have to open specific Calibra accounts, so they are not going to be able to use their Facebook account. They have to open new accounts. And in order for them to do that they will have to upload a government- issued ID to identify, so that we can meet our Know-Your- Customer (KYC) requirements. Chairwoman Waters. Thank you. Mr. Marcus, I can appreciate that you understand that there is a trust problem here, given its disregard for U.S. law and its massive scale. I think foreign countries could find it difficult to effectively regulate Facebook, Libra, or Calibra. It is not clear the Federal Reserve or other U.S. regulators have the authority to regulate you, and yesterday the Swiss regulator, that you are saying would regulate you, actually said that it has never been contacted by Facebook about this project. So, Mr. Marcus, you responded to a request by members of this committee for a moratorium on your activities by stating that you would continue to work with regulators before going forward, but if the regulators lack the authority to adequately oversee you, how can you work with them to resolve concerns? Will you stop kind of dancing around this question and commit here, in this committee, before the duly elected Representatives of the American people, to a moratorium until Congress enacts an appropriate legal framework to ensure that Libra and Calibra do what you claim it is intended to do, which to serve the public good? Let me just say that we are all in support of innovation. It is not one side of the aisle versus the other side of the aisle. But if you talk to any member on this committee, they will know nothing about Libra. They will know nothing about Calibra. They will know nothing about how it is organized. They will know nothing about the role that Facebook is going to play in this big association that now has 28 companies and is looking to get 100 companies. And so despite the fact that we all support innovation, and we all understand what is important for our economy to grow, and for development and for the future of this country, we need to be on top of and understand something as massive as this project, and that does not mean we don't support innovation. With that, I will turn to the gentleman--well, yes, if he has time to answer. Please, go right ahead. Mr. Marcus. Chairwoman Waters, I agree with you that this needs to be analyzed, understood, and the proper oversight needs to be set up before Libra can launch, and it is in this spirit that we released a White Paper very early, before any launch, so that we could have the time to engage with all of the proper regulators and central banks and lawmakers to ensure that we will get this right. And this is my commitment to you, Madam Chairwoman. We will take the time to get this right. Chairwoman Waters. Thank you very much. The gentleman from North Carolina, Ranking Member McHenry, is recognized for 5 minutes. Mr. McHenry. I want to keep this simple. Mr. Marcus, I have read your White Paper. I understand the nature of digital currency and digital technology. What is a Libra? Mr. Marcus. Congressman, Libra is a digital currency, a Reserve-backed digital currency. Mr. McHenry. Is it a security? Mr. Marcus. We don't believe it is, Congressman. Mr. McHenry. Is it a commodity? Mr. Marcus. Congressman, based on current U.S. law I believe it might be a commodity, but we see it as a payment tool. Mr. McHenry. Is it an exchange-traded fund? Mr. Marcus. It is not, Congressman. Mr. McHenry. Okay. So it is none of the above, in any pure form, like other digital currencies. Correct? Mr. Marcus. Congressman, it is designed to be a payment tool. Mr. McHenry. A payment tool. Okay. So if it is none of the above in our current structure, what I am really getting at is, how do you comply with regulations? Mr. Marcus. Congressman, the way that we comply with regulations is in a number of ways. First, as far as the Calibra Wallet is concerned, it is registered as a money services business with Treasury, and with FinCEN. It is applying, and has received a number of State licenses, and will operate the same way that other wallets operate, as far as-- Mr. McHenry. That is Calibra. I am asking about Libra. Mr. Marcus. As far as the Libra Association is concerned, these are active conversations we are having, notably with the working group of the G-7, as well as FINMA, which is the Swiss financial regulator. Mr. McHenry. Okay. So there is tension between the notion of a decentralized currency, or something decentralized, and ultimately privacy, and ultimately anti-money- laundering and Know-Your-Customer elements. These things stand in conflict with one other and are very difficult things to resolve. In your White Paper, you say that after 5 years, there will be a transition point, and you will go from a permission-based to a permission-less system. Post-transition, how do you reconcile the need for controls which allow you to comply with anti-money-laundering and Know-Your-Customer (KYC) regulations, with that decentralized notion of a fully decentralized digital currency? Mr. Marcus. That is a very good question, Congressman, and the way that this will work is that the association will still have the ability to set the rules when it comes to anti-money- laundering programs, and CFT and KYC requirements for the network. And what we expect, even when the network transitions to permission-less, without getting lost in the weeds, is that the vast majority of validators will likely be the ones providing services, so likely larger companies. Mr. McHenry. So you are saying in the nature of the wallet, that is how you get to anti-money-laundering, and Know Your Customer, not the nature of the digital currency. So going from a permissioned system, with these nodes, ultimately 100, to a permission-less system, you are saying it is not going to be the nature of that technology of a Libra. It will be in the nature of the wallets on either side of this? Mr. Marcus. That is correct, Congressman, but on top of that the Libra Association will continue to have an AML program and will still be under the supervision of FinCEN. Mr. McHenry. Okay. So getting into that question of anti- money-laundering provisions, and complying with FinCEN, is your view that you are going to be like Western Union, or is it going to be your view that you are more like your former employer, PayPal? Mr. Marcus. Congressman, I believe that it depends on the entities that you are talking about, as far as the wallets are concerned. It will definitely be more like the PayPal types of businesses that operate in the payment space. And as far as the Libra Association is concerned, that is the conversation we are having, because-- Mr. McHenry. So is it your view that the development internally at Facebook is for you to be a competitor to Alipay and to WePay? Mr. Marcus. Congressman, yes. Mr. McHenry. And to be a competitor to Venmo and PayPal? Mr. Marcus. Congressman, so yes, we have a number of wallets that are working with us on the network side but that will compete on the wallet side, on the network. Mr. McHenry. Will that consumer data be kept separate or a part of the Calibra data collected from consumers? Will that be a part of Facebook's overall knowledge of consumers or will it be separate and distinct? Mr. Marcus. No, Congressman, we will make a strong commitment to keep that data separated from social data. Mr. McHenry. Separate and distinct. Mr. Marcus. Yes. Mr. McHenry. Final question here: If you are seeking to be a competitor to Alipay and to WePay, why are you doing this in Switzerland and why are you using a basket of currencies? Why not the good old American dollar, and to bring down the transaction costs, which is seemingly the ultimate goal here? Mr. Marcus. Congressman, first I want to say that the choice of Switzerland has nothing to do with evading responsibilities or oversight. The goal with Switzerland is to home this Libra Association in an international place that is the home of-- Mr. McHenry. Okay. Skip beyond that. Mr. Marcus. So that is really why. The second thing is for the same reason we would like for Libra to be a digital, global currency, and as a result to be one unit of digital currency for the whole world, and this is why we believe it was the right approach. Mr. McHenry. Thank you. Chairwoman Waters. The gentlewoman from New York, Mrs. Maloney, who is also the Chair of our Subcommittee on Investor Protection, Entrepreneurship, and Capital Markets, is recognized for 5 minutes. Mrs. Maloney. Thank you. Mr. Marcus, as you can see there are a lot of questions about this project. It is big and very bold. Some would say it is too bold. The Chairman of the Federal Reserve, Jay Powell, was in here just last week saying that he thinks it could be a systemic risk. The former Chairman of the CFTC, Gary Gensler, is going to testify later that he believes it should be covered by the Investment Company Act. So we have a lot of concerns and a lot of questions. And I take it that it is a ``no'' to the chairwoman's question about requesting a moratorium on Libra until policymakers can figure out how to handle it. Was that a yes or a no to her question, when she called for a moratorium? Mr. Marcus. Congresswoman, the commitment is that we will not launch until we have addressed all concerns fully and have the proper approval. Mrs. Maloney. Okay. I take that as a ``no.'' So what I want to ask you is, will you commit, right here in this hearing room, to walk before you run? Will you commit to doing a small pilot program for Libra first, limited to no more than 1 million users, and overseen by the Federal Reserve and the SEC? Will you commit to that? Mr. Marcus. Congresswoman, the steps we have taken--and this is the reason why we announced the White Paper in the plans, instead of launching and then figuring it out after, which is what happens sometimes with technology products, most often, actually. In this very care, we are deliberate about taking the time to get this right-- Mrs. Maloney. With all due respect, that is not what I asked you, and given the lack of trust that people have in Facebook--you breached the trust of users over and over again. Just last week you were reportedly fined $5 billion for selling your users' private data without their knowledge or permission. So I would like to ask you again, will you commit to walking before you run? Because if you go ahead and launch Libra without doing a pilot program first, there are too many risks. The Libra reserve could be managing too much money, which could make it systemic, too much money could be pulled out of banks in order to buy Libra, which former FDIC Chair Sheila Bair has written about and warned about. So, the risks are very great. Now personally, and this is only my own personal belief, I don't think you should launch Libra at all, because the creation of a new currency is a core government function and should be left to democratically accountable institutions that are accountable to the American people. But at the very least you should agree to do this small pilot program first, fully overseen by you and the Federal Reserve and the SEC. I think that is a modest request. So will you commit right now to doing a small pilot program first? Yes or no? Mr. Marcus. Congresswoman, we will continue to engage with regulators and the working group at the G-7 that is notably looking after the issues that you raised to ensure that however we launch this it is responsibly and it is with the appropriate oversight, in a very responsible way. You have my commitment on that. Mrs. Maloney. If you will not commit to testing this out as a pilot program first--I think it is a reasonable request--then I think that Congress should seriously consider stopping this project from moving forward. There is a lot of concern about Facebook. A lot of people think that it has really become too powerful, that it has become a monopoly. And now you are telling us that Facebook's digital wallet for Libra, called Calibra, will be the only wallet that can be embedded into What's App and Facebook Messenger. Given how dominant these two apps are, I think that raises serious concerns about market concentration, and potentially, monopoly concerns. So will you commit to allowing third-party wallets on What's App and Facebook Messenger? Mr. Marcus. Congresswoman, may I answer the one point about what you said earlier? I just want to address it really quick, which is that the current system is really not working for people, and for way too many people, and others are leading and plowing ahead, and I believe that if we don't-- Mrs. Maloney. Please, sir, would you answer my question? I get to ask the questions in this committee. Will you commit to allowing the third-party wallets on What's App and Facebook Messenger? Yes or no? It is a simple question. Yes or no? Mr. Marcus. Congresswoman, other wallets are going to actually be interoperable with the Calibra Wallets that will be integrated in What's App. Mrs. Maloney. So do you believe in competition and market access? If you believe in it, then you would allow them to be embedded also, third party. Will you allow it? Chairwoman Waters. The gentlelady's time has expired. Mrs. Maloney. Thank you. Chairwoman Waters. The gentlewoman from Missouri, Mrs. Wagner, is recognized for 5 minutes. Mrs. Wagner. Thank you, Madam Chairwoman. I am concerned that a 2020 launch date demonstrates deep insensitivities around how Libra could impact U.S. national security, the global financial system, the privacy of people across the globe, criminal activity, and international human rights. Mr. Marcus, I have a number of questions so let's try and move as expeditiously as possible. Are you taking any steps to ensure that the dollar is not overtaken as the leading international currency that undergirds global economic stability? Mr. Marcus. Yes, Congresswoman, and the first of many steps is that the dollar is most likely going to be the predominant part of the reserve. Mrs. Wagner. It is 58 percent, generally speaking, euro about 19. I don't know what your numbers are, in terms of-- Mr. Marcus. Congresswoman, first, the dollar will be one of the predominant currencies backing Libra, and then the other part is really the engagement that we currently have with the G-7 working group, with the Fed, and with the Financial Stability Board. We will continue to engage in those conversations. Mrs. Wagner. I serve also as the vice ranking member of the House Foreign Affairs Committee, and I am hoping to understand how the U.S. Government could effectively implement sanctions if Libra were to take off. As you likely know, North Korea uses cryptocurrencies to evade our sanctions all the time. If the Treasury Department demanded that the Libra Association blacklist certain Libra addresses in order to comply with U.S. sanctions, how would Libra respond? Mr. Marcus. Congresswoman, I want to make a strong point here because it is really important. Whether Libra launches or it doesn't launch, there will be other networks. There are other networks. There are other cryptocurrencies. And those are not coming here-- Mrs. Wagner. You are not suggesting that if it is okay if others evade U.S. sanctions, then it is okay if Libra does? Mr. Marcus. I am absolutely not saying that, Congresswoman. That is why I am saying that we are here and we are engaging with FinCEN. The Libra Association will be also registered with FinCEN, and we will have strong AML and KYC programs, as well as from all of the wallets operating here in the United States, of course full enforcement of sanctions, and then some. Mrs. Wagner. Libra could have significant geopolitical implications, frankly, from a human rights perspective, for instance. Despotic leaders could ban Libra and penalize users. How are you approaching establishing appropriate human rights safeguards as you develop the Libra platform? Mr. Marcus. Congresswoman, I believe that one of the driving forces of the association being financial inclusion, we will have the right representatives around the table-- Mrs. Wagner. Which specific organizations, because your folks sure couldn't answer that yesterday when I asked--which ones are you specifically working with to address potential human rights impacts? Mr. Marcus. We have Mercy Corps, Women's World Banking, and Kiva that are already founding members of the Libra Association, and there will be more organizations that have dedicated all of their lives and energy in addressing the very problems that you are raising. Mrs. Wagner. I am curious to understand how you think the Libra platform would interact with Section 230 of the Communications Decency Act, which prevents State and local law enforcement from protecting citizens from illicit activities, for instance, if Libra is explicitly being used to further a criminal act negotiated on Facebook Messenger. Mr. Marcus. Congresswoman, Section 230, as I understand it, is relating to the Facebook technology product and we have the protections of Section 230. I don't believe that this applies to payments. Mrs. Wagner. Terrorists and criminals use Facebook to fundraise, to recruit, and to connect with buyers. Facebook's moderation just does not seem up to the task and Libra could make it, I believe, even easier for these nefarious actors to move money. Before launching Libra and potentially compounding the situation, how will you be addressing the digital back- markets that run rampant on the Facebook platform? Mr. Marcus. Congresswoman, the first way we will do that is ensuring that on the Calibra Wallet, everyone who opens a Calibra account has to identify with a government-issued ID, and as a result we will have strong identity and a fullly staffed team to address-- Mrs. Wagner. My time has expired. I yield back to the Chair. I have other questions I will submit for the record. Thank you. Chairwoman Waters. Thank you. The gentlewoman from New York, Ms. Velazquez, is recognized for 5 minutes. Ms. Velazquez. Thank you, Madam Chairwoman. Mr. Marcus, we do not want to stifle innovation, but we do have a healthy dose of skepticism. This is not Silicon Valley. You cannot work out problems as you go. So all of those problems need to be resolved and worked out before you launch Libra. So for the third time on this side, I pose the question to you: Will you commit yourself to not launch Libra before all the concerns from the Federal Reserve and all the regulators are addressed? Yes or no? Mr. Marcus. Absolutely, Congresswoman, and I want to reiterate this commitment that this was the spirit in which we announced early, and we will do what is right to address-- Ms. Velazquez. Okay. I just want a yes-or-no answer. Thank you. Mr. Marcus, we gave the Federal Reserve increased oversight over non-banks. We don't know yet what you are. If the FSOC designated you a SIFI, would you submit to enhanced oversight? Mr. Marcus. Congresswoman, I don't believe that the-- Ms. Velazquez. But you don't know what you are, so-- Mr. Marcus. No, but Congresswoman, the Libra Association or Calibra have no plans to engage in banking activities, and as far as the Calibra Wallet is concerned, we will be active in the payment space, like many other non-banks are active in the payment space. But that said, we will, of course, comply with all regulations. Ms. Velazquez. We want to make sure that companies that do not fall into the normal bucket of regulatory authority could not threaten the U.S. financial system. So I would like to ask you, according to the Libra Association's White Paper, members of the Libra Association will consist of geographically distributed and diverse businesses, nonprofit and multilateral organizations, and academic institutions. Sir, by what criteria were the initial members of the association chosen? Mr. Marcus. Thank you for your question, Congresswoman. The way that the initial members joined was a result of a wide outreach, and it is a combination of companies that can accelerate the acceptance and utility of Libra, companies like Uber and Lyft and Spotify, that can accelerate the acceptance of Libra within current merchant networks, like Visa and MasterCard, that can inform how to drive financial inclusion, like Mercy Corps, Kiva, and Women's World Banking. And now, the Libra Association is starting that phase of welcoming more members that will be even-- Ms. Velazquez. Okay. I hear you. You want to get to 100, right? Mr. Marcus. That is correct, Congresswoman. Ms. Velazquez. So if a member were to determine that they no longer wish to participate in the association, what is the process for withdrawal? Mr. Marcus. Congresswoman, at this stage we are in the process, all of us, the 28 organizations, of ratifying the charter, and as a result of this process-- Ms. Velazquez. So you don't know yet. Mr. Marcus. No. As a result of this process, if members do not wish to participate they can drop, and there will be a process on an ongoing basis for members that do not wish to participate. Ms. Velazquez. So do you think a member's withdrawal could threaten the value of the Libra currency? Mr. Marcus. No, I don't believe that's the case, Congresswoman. Ms. Velazquez. Mr. Marcus, according to the Libra Association's White Paper, the Libra Association has a target launch of the first half of 2020. When do you expect the Association's charter to be finalized, and will the charter be available for review by regulators, lawmakers, and the public? Mr. Marcus. Absolutely, Congresswoman. Ms. Velazquez. This question was asked before, so I will yield back the balance of my time. Chairwoman Waters. Thank you. Point of clarification, Mr. Marcus, did you commit to the moratorium, or to Ms. Velazquez? Mr. Marcus. Madam Chairwoman, I committed to waiting-- Chairwoman Waters. Excuse me. I just need a yes or no. Mr. Marcus. Madam Chairwoman, I just want to be precise. I committed to waiting for us to have all the appropriate regulatory approvals and to have addressed all concerns before we move forward. Chairwoman Waters. Thank you very much. That is not a commitment. I wanted to clarify that. The gentleman from Arkansas, Mr. Hill, is recognized for 5 minutes. Mr. Hill. I thank the chairwoman. Mr. Marcus, again, thank you for being here. I wanted to talk a little bit about what appears to be a core business element for Calibra and that is the issue of remittances. The World Bank says that the single most important challenge in remittances around the world is lack of transparency and cost, and the average cost of global remittances is about 7 percent. So tell me what fees you will be charging for moving money inside the Calibra system? Mr. Marcus. Congressman, the goal for Calibra is to charge very little or nothing at all for transactions, for person-to- person (P2P) transactions. We are hoping that we can offer that part of the service for free. Mr. Hill. And then, therefore, on B2B or B2P, you would be charging something in Libra currency, fractional Libra currency? Mr. Marcus. There will likely be small merchant fees that will be competitive, very competitive with the current fees that are paid by merchants. Mr. Hill. And inside the Calibra system, you will earn revenue from advertising as well? Mr. Marcus. No, Congressman. No advertising in Calibra. The Calibra revenue streams, when we start working on that, which we haven't at all and we don't plan to for a number of years, will likely be by offering a range of financial services in partnerships with existing financial institutions and banks. Mr. Hill. And so in those remittances, which are so important to countries all over the world--we know what percentage of GDP remittances represent--particularly in Central America, and in Mexico, where I think it is the third- largest source of hard currency, for example, 20 percent in Honduras--both sides of that equation would be subject to KYC? Mr. Marcus. Yes, Congressman. On the Calibra Wallet, you will not be able to open an account without having proper KYC. Mr. Hill. And one of the issues in the Third World, obviously, is they don't have a stable currency and are subject to inflation, terrible inflation. I think I read a note that 94 countries, representing 48 percent of the world's population and 16 percent of world GDP, experience, on a regular basis, 10 percent or more inflation per year. So is it your view that the Calibra Wallet will have a more stable currency than their local currency, or more stable value, I should say, than their local currency? Mr. Marcus. Congressman, the way we've designed the reserve, and again, subject to proper oversight and review from the G-7 working group and others, is to have a very stable value-retentive digital currency. So, yes, it will be a very high-quality digital currency, in a number of countries that are currently receiving a lot of their income from abroad, they will now receive a lot of their income from abroad in a stable currency that will retain its value. Mr. Hill. What do you think, though, about--obviously many of those same Third-World countries, and some larger than Third World, have very strict controls on foreign currency. They have currency controls. They have currency boards. They don't allow their consumers to take action outside their home currency and they don't allow their home currency to be taken out of the country. How does Libra plan on dealing with that? Mr. Marcus. Congressman, this is going to be a country-by- country answer. There are lots of countries that have the problems you highlighted and that don't have currency controls, that we think we can address right away. And then for other countries, it will definitely be a country-by-country approach. The one thing I want to highlight, though, is the fact that any wallet--not only Calibra--that is actually built on top of the Libra network will be interoperable with one another, meaning that to provide the value that we intend to provide for so many people, we don't need to be the only wallets, and in certain regions it will be other wallets, but they would still benefit from interoperability. Mr. Hill. I thought that was an interesting conversation with my friend from New York about the exclusivity of the wallet, Calibra Wallet, at What's App, for example. You do plan on having--and you have 100 members that are not interested in Facebook having any more monopoly than they do now, so would you have Visas, or debit or credit systems available as a wallet? Mr. Marcus. Congressman, we will have a number of other payment methods for commerce on the Facebook platform, and Instagram as well, including debit, credit cards, other wallets. And as far as P2P payments, there will be more-- Mr. Hill. There will be competition on P2P payments, even on Facebook's application? Mr. Marcus. There will be on traditional currencies, the same way that in Messenger, you can currently use debit cards to do P2P. Mr. Hill. I yield back. Thank you, Madam Chairwoman. Chairwoman Waters. The gentleman from New York, Mr. Meeks, who is also the Chair of our Subcommittee on Consumer Protection and Financial Institutions, is recognized for 5 minutes. Mr. Meeks. Thank you, Madam Chairwoman, and Mr. Marcus, thank you for your testimony. I can say, with confidence, that Lehman Brothers, Bear Stearns, and the entire subprime mortgage ecosystem did not set out to bring the global financial system to its knees. I can say, with confidence, that the legitimately brilliant minds and Nobel prizewinners, in fact, behind LTCM, did not set out to trigger the Asian financial crisis, but they nearly broke the global markets. And I can also say, with confidence, that the deregulation of the early 1980s and bankers did not set out to trigger the savings-and-loan crisis, but they did. Not only that, they all typically founded their logic and innovation, expanding access to financial services, and arguments of inclusion, and yet they all broke the system, and the people at the bottom of the socioeconomic ladder systemically paid the heaviest price. So you may be speaking earnestly when you tell us your lofty goals, but I was here in Congress when Secretary Paulson came to us and told us we were within days of a complete shutdown of the global financial system. Now, I don't expect you to understand what that was like, but I assure you it was absolutely terrifying and one of my worst moments in Congress. I want America to remain a global leader in financial services innovation, and I believe that we have regulators, et cetera, that are the best in the world. But let's do this. Let's assume that Facebook manages to get even just 10 percent of its current user base to the Facebook Libra wallet. Do you understand that that would absolutely make you a systemically risky financial institution, and that we would expect FSOC to designate you as such, and the Fed to create a special regulatory oversight program for Facebook accordingly? Would you agree to this? Mr. Marcus. Congressman, first of all I want to recommit, we will actually-- Mr. Meeks. Yes or no? Would you agree to this? Mr. Marcus. I do want to share that if we have 10 percent of the Facebook-- Mr. Meeks. I only have a small amount of time. Mr. Marcus. I want to answer your question to the best of my ability, Congressman, and if we had 10 percent of our user base, which is 200 million people, using a Calibra Wallet, we would be the same size as many other non-bank payment wallets around the world, including here in the U.S., including another one that is part of the-- Mr. Meeks. Let me reclaim my time. You are not answering my question, because even banks, anybody that is holding money would be considered a bank. Let me ask this. Do you agree that, defined simply, an organization that holds deposits and makes loans is a bank? Similarly, banks, in the past, did issue their own currency, or IOUs, and clear their payments. Finally, some banks are run as nonprofit organizations or cooperatives. Therefore, are both Facebook and Libra organizations planning to establish bank holding companies with full organization and capital structure we require to protect the global financial system from systemic risk and systemic collapse? Mr. Marcus. Congressman, we will not engage in banking services. We will focus on payments. Mr. Meeks. You are taking people's money, right, and you are holding their money, correct? Mr. Marcus. Congressman, the same way that you have Venmo and PayPal and Square Cash and a number of other payment companies. Mr. Meeks. So what you are telling me is you are not going to organize as a bank--you didn't answer my first question-- which would put you under the regulations of FSOC and others, so that we can make sure that there is no systemic risk here, because of what you are doing and your size that could bring down the entire Federal Government, the entire financial services industry, but let me ask you one more question. I have 40 seconds. In the Dodd-Frank Act, we established the CFPB to serve as a financial regulator focused specifically on the best interests of consumers. Do you believe that the CFPB currently has authority over both the Libra organization and the Facebook Libra wallet? And why did you not conclude--well, do you think the CFPB has jurisdiction? Mr. Marcus. Congressman, we are engaged in conversation with all FSOC agencies, including CFPB, and it is not for me to decide who has appropriate oversight. Mr. Meeks. Why didn't you include compliance with CFPB in your prepared testimony? Mr. Marcus. Congressman, this is because we are currently engaged with all of these agencies, and I wanted to share where we were right now, at this point in time, with the knowledge that we have at this time. But we will have a more complete outreach by the time we are ready for launch, because we are going to take the time to get this right. Chairwoman Waters. Clarification. I understand that you are absolutely opposed to FSOC's oversight and that you don't think they should be allowed to designate you as a SIFI. Is that right? Mr. Marcus. Madam Chairwoman, I am not opposed to any regulation, and we have had conversations with FSOC. Chairwoman Waters. Thank you very much. Thank you. We will move on to the next person. The gentleman from Missouri, Mr. Luetkemeyer, is recognized for 5 minutes. Mr. Luetkemeyer. Thank you, Madam Chairwoman. Over here, Mr. Marcus. Thank you. You made a statement a while ago where you said that the current system is not working, and that concerns me because I think the current system is working. It is not working as efficiently, maybe, as you would like to see it work, but I think the system right now works because it is kind of traffic control. And if you are on a country road, and you have 5 cars going through an intersection, you don't need traffic control and you can go, whatever you want to do, and it doesn't cost you any time to go through an intersection. If you have an intersection that has 30,000 cars a day going through it, you need some traffic control to go through there, to protect people, for safety purposes, to be able to transact their ability to go through that thing in an efficient way. And I think you're talking about the size and scope of money transactions, and, yes, it costs a little bit of money right now to be able to transfer money around the world, but that is because of safety and security concerns, as well as the mechanisms that are in place to be able to do that. I think what you are trying to do is take away some of those costs, but we are concerned about the safety and transactional transparency, what is going on here. So the system is working but you would like to improve it, is what I think you meant to say a while ago. Is that right? Mr. Marcus. Congressman, first, I really believe that the system is not working for way too many people right now, and I don't believe that the reason the people who earn less and who have less pay more is because of the regulation and having KYC and AML. I believe we can do that technology at a much lower cost. Mr. Luetkemeyer. What you just said, though, is you agree that the system is working. It is just not working as efficiently as you would like to see it, so I accept that. A while ago, you said that you want to offer more financial services as you go down the road, and just a minute ago, you said you wanted to offer no banking services. So, which one is it? Are you going to have deposits down the road that you pay interest on? Are you going to take deposits at all? Are you going to have lending that you are going to be doing, to some of the customers? What kind of financial services or banking services are you intending to grow into? Mr. Marcus. Congressman, it is too early, but if we are to engage in those services we will partner with existing banks and financial institutions the same way that other payment companies have done it. I am talking here exclusively about the Calibra Wallet, and I think I need to be precise here. Mr. Luetkemeyer. Okay. With regards to the specific assets that you are going to hold in reserve, who puts the money in? Who puts the assets in to begin with? Who owns those assets? What do you do with any dividends or interest or any returns on those investments that you make? Who shares in those profits? Mr. Marcus. Congressman, the way the reserve is built is if consumers buy into Libra, the fiat money they use to buy Libra ends up in the reserve and is actually custodied with large banks, or potentially a better form of custody, even, depending on the outcome of some of the conversations we're having with the G-7 working group and the recommendations that they will come with. And so the reserve is always proportional to the number of Libra coins in circulation. And if the reserve generates a return, it will be used for two things: number one, to pay for the Association and the operation of the whole Libra network; and number two, to return some of the investment back to original investors and backers of the system who will put in a lot of resources to get it off the ground. Mr. Luetkemeyer. One of the things as we look at this is, if I have a business and I am trying to sell a thousand widgets to some company in France, and I want to use the Libra system to facilitate this, when I get done with this transaction, I have an income off of that, and so I have to report that to the IRS. Is there a cost to change back from the Libra to the dollar so that I then can explain to the IRS the kind of transaction and the kind of money I earned off of this transaction? Is there a fee for doing that when you transfer it back from Libras to dollars? Mr. Marcus. Congressman, there will be probably small fees because there will be agents and exchanges that will be involved in the process of converting fiat into Libra and back to fiat. But from an IRS and tax standpoint, as far as the Calibra Wallet is concerned, we will have the proper tools built into the product so that people can report their taxes. Mr. Luetkemeyer. My time is up. Thank you. Chairwoman Waters. The gentleman from Georgia, Mr. Scott, is recognized for 5 minutes. Mr. Scott. Mr. Marcus, I have listened very attentively to your testimony and to the response to several of my colleagues' questions here--Ms. Waters, Mr. McHenry--and you keep mentioning your White Paper as a defense to the answer to the questions. But I want to call your attention to the fact that neither your White Paper nor your subsequent Facebook posts offered any concrete details as to how you plan to implement or enforce strong anti-money-laundering, how you plan to enforce Know-Your-Customer protections, and most importantly, to ensure what all of us are concerned about: the safety of our financial system. Right now, tell us what specifically--do not say the White Paper--what are you going to do--what do you see as the responsibilities of Libra to combat anti-money-laundering to protect our financial system? Could you tell us right now, just point at it? Mr. Marcus. Yes, Congressman. There are wo parts to that answer: first, the Libra Association itself. The Libra Association will be based in Switzerland but will still register with FinCEN, and as a result we will have an AML program, and we will have guidelines for all the members to enforce the right KYC standards, and the AML/CFT programs. As far as the Calibra Wallet is concerned, for every account opened we will ensure that everyone KYC's appropriately with government-issued ID, and we will have very strong AML programs. Mr. Scott. Okay, but what about this, Mr. Marcus? Currently, the full responsibility to file suspicious activity reports (SARs) is on our banks or other money services businesses, and law enforcement uses these SARs to investigate and prosecute criminal terrorists. And in your July post, you spoke only of the ability for these law enforcement and regulators to conduct their own analysis of off-the-chain activity. Do you feel that this represents a shift away from Libra's own responsibility to monitor and enforce anti-money- laundering or customer protections? Mr. Marcus. No, Congressman. The reason I wrote this is that the approach that Libra is taking is using blockchain, and blockchain gives additional visibility to law enforcement and regulators compared to the current system to conduct their own investigations instead of solely depending on banks or regulated entities' self-reporting. But that does not mean that we on the Calibra Wallet side and all of the other members operating on top of this network will not have very strong AML programs and will not file suspicious activity reports. Mr. Scott. All right. So, now you are marketing this currency as a new entity to financial services, and with that will surely come new and innovative methods of committing financial crimes. What you bring is new; criminals out there are going to invent ways to deal with it. Let me ask you, what are you anticipating as some of the new ways that criminals may attempt to extort and exploit Libra for illicit use? And how do you plan to combat this? You are planning something new, but you also have to have the ability to be able to not just look down the road but to be able to look around corners to see what that criminal has in store for us. What say you? Mr. Marcus. I could not agree more with you, Congressman, and I believe that we can improve on the current system because we have a chance this time around to think through the way that the network is designed, the way that the on- and off-ramps are properly regulated with proper KYC controls, the proper way to monitor activity and report it with new technologies. And I think this system might be potentially better on these fronts. Mr. Scott. Thank you, Mr. Marcus. Chairwoman Waters. The gentleman from Michigan, Mr. Huizenga, is recognized for 5 minutes. Mr. Huizenga. Thank you, Madam Chairwoman. And there is so much to cover and so little time. I am going to try to go through and get to some new territory. I was not planning on doing this, but you used the term, ``fiat currency'' a couple of times, and I thought I knew what that meant, but it seemed a little odd that you were using it in the way that you were. And so I went to Wikipedia. ``Fiat money'' is a currency without intrinsic value that has been established as money. Fiat money does not have use value and has value only because a government maintains its value or because parties engage in exchange to agree on its value. Wikipedia might need to update its definition a little bit because we see that people are using cryptocurrencies with no backing. And I am curious, why do you feel the need to have a reserve? Because it strikes me that you are using a fiat currency to create a fiat currency and to have a reserve of that. Mr. Marcus. Congressman, the reason we have a reserve is that we believe that to create a high-quality payment tool, we need that digital currency to be very stable. And as we have seen with a number of other currencies out there, digital currencies, they are very volatile, and as a result they are not a very good medium of exchange or payment tools. Mr. Huizenga. So it is a trust issue? Mr. Marcus. No, Congressman. It is a stability issue. It is an inherent quality that-- Mr. Huizenga. I guess, stability and trust. Mr. Marcus. --good money has, which is, if it is stable, then it is good money; if it is not stable, then it is not. Mr. Huizenga. But couldn't your stability be influenced by people's trust levels of the currency? Mr. Marcus. Yes and no. In other words, the way that-- Mr. Huizenga. You fit perfectly into Washington with both a yes and a no. [laughter] Mr. Huizenga. It does strike me, though, as a little bit, as many nonbanked and underbanked, as you have said, is one of the goals of trying to get in it, get them involved in the financial space, oftentimes they are not in that space because they have a distrust of financial institutions. And it does not take anyone much time to find some well-publicized issues of trust with a number of the companies that are involved in Calibra. And so I am not sure exactly how you are going to address this, but let me get back to the regulatory implications of this. I had the pleasure of being the Chair of the Monetary Policy and Trade Subcommittee at one point, as well as the Capital Markets Subcommittee, and I am the Ranking Member now on that. And as I have always said, as we have been looking at these crypto assets, cryptocurrencies, and as Ranking Member McHenry asked, is it a security? Is it an exchange-traded product? What exactly is this? Is it fish or fowl? And it seems that it is more of a platypus to me, that it kind of evolves in its different parts. And I am curious, are you able to actually maintain the core and essence of a cryptocurrency and asset if you are really under all this regulation? Mr. Marcus. We believe we can, Congressman, because we believe that in order for any form of digital currency and payments system to reach mass-- Mr. Huizenga. Would you like to see all of the other crypto assets and cryptocurrencies under the exact same regulation that you are? Or are you trying to create and carve out this new product? Mr. Marcus. Congressman, I cannot speak for other crypto assets-- Mr. Huizenga. Certainly, you must have some thoughts on that, because if you are looking at it, saying, well, that is not working for them, otherwise why would you be coming and asking for this regulatory burden? Mr. Marcus. Because we believe that this is a digital currency. If you compare it to other digital currencies or cryptocurrencies, it serves a different purpose. This one is to serve a purpose of payment. It is a payment tool. And as a result, when it reaches so many people, we believe that appropriate regulation and oversight is required. Mr. Huizenga. As we were having a little confab up here, my friend, French Hill, said you might be the equivalent of American Express traveler's checks of days of old. Mr. Marcus. I do not think of it that way, Congressman, but-- Mr. Huizenga. Okay. For the benefit of the lower dais and the staff, those were things that were actually paper and you carried them with you. [laughter] Mr. Huizenga. You bought them at a bank. You actually put in a fiat currency towards it. All right. My time has dwindled. I'm sorry. We have a lot, and I have one last quick thing, which is the Chair had asserted that you had not been in contact with FINMA, with the Swiss. Is that true or not true? Because you had said earlier that you have been. Mr. Marcus. Congressman, we have been in touch with FINMA. The other agency was the privacy agency that we have not reached out to, but we have had continuous engagement with FINMA. Mr. Huizenga. I will be following up with some written questions, so thank you. Chairwoman Waters. The gentleman from Colorado, Mr. Perlmutter, is recognized for 5 minutes. Mr. Perlmutter. Thanks, Madam Chairwoman, and I am going to kind of take off where Mr. Huizenga just left off, just to help me understand the deal. So, I have $5, and I go and I buy one token of Libra for 5 bucks. You take that 5 bucks, and what do you do with it? Mr. Marcus. Congressman, the $5 you would use to buy Libra would end up being in the reserve, and so in the current contemplated basket, it would mean that 2\1/2\ dollars will be in the reserve and another 2\1/2\ of your dollars will be in a basket of euro, pound, yen, et cetera, in the reserve. And as a result, because the reserve is one for one, your Libra unit of value will always be backed by the same value in the reserve at all times, guaranteeing stability and low volatility. Mr. Perlmutter. And that reserve is in the Cloud? That reserve is in a bank? That reserve is where? Mr. Marcus. That reserve is custodied with very large global banks that provide custodial services to a number of companies, but this is something that we are also in discussions on with the G-7 working group to ensure that there is proper regulatory oversight in how the reserve is managed and how it is custodied as well. Mr. Perlmutter. All right. We have this medium, this currency of some court, called ``Libra,'' and now it is half here, and half there. I want to use it. I want to buy something in Paraguay, which, if I were using dollars, was going to cost me 4 bucks. So how do I do that? I then go to Calibra, and Calibra is like my credit card, and it wires four-fifths of a token of a Libra to Paraguay? Mr. Marcus. Congressman, you would use any of the wallets, Calibra being one of them, to transfer the money that you wanted to transfer to that other country. And the way it would work is the same way that you would use any payment apps here in the U.S. like Venmo or PayPal. Mr. Perlmutter. It is a wiring system, more or less, except that I am using Libra. Calibra is a wiring system. Venmo, you know, I Venmo my daughter 20 bucks, okay? It is done, it is wired, it is over. I could have gone to the bank, and they could have wired it to her. But I use Venmo. Mr. Marcus. It is very similar to your experience on Venmo, Congressman. Mr. Perlmutter. I think what we are struggling with is, what are you? I mean, you are a medium. You are an intermediary. You are facilitating financial transactions. And it is not as if we have not had problems with that in the history of the world. You have a money changer in the process of turning my buck into a Libra into a euro. So, that is biblical. The transaction is something we have had from the beginning of time, but it is a faster kind of wiring and more immediate transaction. Am I mistaken in that? Mr. Marcus. No, Congressman. It is also much, much lower cost for the people who end up needing it the most. Mr. Perlmutter. And I appreciate that, but for us, we have seen banks fail. We had the old saying, ``What is good for GM is good for America.'' And they had to go through a Chapter 11 back in the recession. I do not think that will happen to Facebook or whomever is backing this whole process. But it is possible, it is certainly possible. And so our responsibility is to your depositors or the people who buy these tokens or who use your credit card system. We are trying to figure out what kinds of regulations, and I think you are getting really good questions from both sides of the aisle because we all have this same question for you. And that is the resistance you are feeling, because we think you are a bank, but you are not quite like a bank. And if you are a bank, we regulate the heck out of you because we have seen a lot of people lose money where there has not been regulation. That is the resistance that I feel. I want to support your innovation. I want to support the efficiency that you people believe you are bringing to the table. But I also do not want anybody getting hurt here. Mr. Marcus. Congressman, we are completely aligned on that. We do not want anyone hurt, and we want the proper regulatory oversight, and this is why we have announced our plans very early, and we are here and engaging with all of the regulatory bodies here in the U.S. and around the world to ensure that we have the right regulatory framework and oversight and we address all the concerns that were raised today, yesterday, and that were raised by Chairman Powell and others. Mr. Perlmutter. Thank you for your testimony. Chairwoman Waters. The gentleman from Wisconsin, Mr. Duffy, is recognized for 5 minutes. Mr. Duffy. Thank you, Madam Chairwoman. Mr. Marcus, how are you doing? I have to tell you, this is absolutely brilliant, innovative, creative, and to come from Facebook and to leverage your network is pretty amazing. I was shocked at how bright it was, not to hit a sore point. But, quickly, who gets to use Calibra and Libra? Mr. Marcus. Anyone can open a Calibra account, go through KYC, in countries where we can operate. Mr. Duffy. This is a $20 bill. Do you know who can use a $20 bill? Mr. Marcus. Yes, Congressman. Mr. Duffy. Who can use it? Or maybe a better question is, who cannot use a $20 bill? Mr. Marcus. I believe the answer to your question is everyone, anyone-- Mr. Duffy. Everybody can use a $20 bill. This $20 bill does not discriminate on anything. You could be a murderer. You can say horrible things. You can say great things. This $20 bill can be used by every single person who possesses it. With regard to your network, can Milo Yiannopoulos or Louis Farrakhan use Libra? And I bring that up because both of those individuals have been banned from Facebook. Mr. Marcus. Congressman, first I want to say that-- Mr. Duffy. No. A simple question. We only have 5 minutes. You have to answer a question so we can do the best job in vetting what you want to do. Mr. Marcus. I know, but we must be thoughtful about those issues, Congressman, so I am trying to respond appropriately. On one side, I just want to stress that a platform that enables you to communicate and share ideas, while Facebook we believe is a platform that accepts ideas across the political spectrum, it has to protect-- Mr. Duffy. I somewhat disagree with that, but-- Mr. Marcus. --from hate speech and others, and so that is one thing. When it comes to money-- Mr. Duffy. Can Milo use that? Can Louis Farrakhan use this system? They have been banned from Facebook. Can they use it? Yes or no? Mr. Marcus. Congressman-- Mr. Duffy. Yes or no? Mr. Marcus. I do not know yet, Congressman, because-- Mr. Duffy. Okay. If I am a gun dealer, I can use a $20 bill, because if it is a lawful gun, that happens all across America. On Facebook, you do not allow gun sales. So can a gun dealer who is abiding by American law, can they use your system? Mr. Marcus. This is a question that is really important to get right, Congressman, and we have not written a policy yet-- Mr. Duffy. See, and that is what concerns me. I love what you are doing, but when you say, ``we at Facebook are going to set the social policies of who can use this cryptocurrency'', in a way, you are going to set the social policy of who is in and who is out. And what is great about this is everybody gets to use it. And what I fear is maybe in a roundabout way what is happening in China with their social scoring--if you get the right social score, you can get a loan. You can get an apartment. You can access the train. Maybe Facebook is doing the same thing here where, if you meet our social standards, which a lot of people here do not necessarily agree with your social standards though we use your platform, that is the way you access the network, so we have to conform our behavior to the standards of Facebook to be on the network, where I think the right answer would be, listen, everybody, if you are abiding by the law, has access to this system. Mr. Marcus. Congressman, personally, I believe that we should not be in the business of deciding what people can do with their money or not. But that being said, this is an important question, and we need to be thoughtful about the policy. Mr. Duffy. I think you are going to get some major pushback when we look at your network and you say who is on and who is off, and you are the judge and the jury. And for this system, I think you are going to see a lot of pushback from both sides. Go ahead, quickly. Mr. Marcus. This is why I believe we need to be very thoughtful about this, and my commitment to you is-- Mr. Duffy. I think the thoughtful answer is, I am going to behave like the fiat currency. The thoughtful answer is, if you abide by the law, you have access to it. That is the thoughtful and the right answer. But you have not given me that, which gives me great pause and concern that the model of Libra is going to be the model of Facebook where you get to decide, and that concerns me. I am also concerned about the data privacy and how you are going to use the data. A lot of us have had concerns about the data use on Facebook. How will you use this data? Because what we post on Facebook and who we are friends with is one thing. How we spend our money is really powerful information, and you have access to that, too. And I would like to dig deeper with you on that point, but also, the freedom and liberty that comes from the $20, I think you should offer that same freedom and liberty on your network, and maybe we can talk more about that later. And I appreciate you coming here and testifying, and kudos on the innovation. I yield back. Mr. Marcus. Thank you, Congressman. Chairwoman Waters. Thank you. The gentleman from Connecticut, Mr. Himes, is recognized for 5 minutes. Mr. Himes. Thank you, Madam Chairwoman. Mr. Marcus, thank you for being here. This has been one of the more interesting hearings we have had in a little while. In the last Congress, I had the honor of chairing the new Democrat Coalition, 104 Democrats, and if we do one thing, we get excited about innovation. But this is not an app that measures your heartbeat. This is a complete overhaul of the circulatory system of the global economy. A lot of the concern you are hearing here I think is just around its sort of shocking ambition. I want to ask you a specific question and take you through a specific scenario that gets at a larger concern that I have, and just so that folks at home can kind of follow along, let us just imagine that I am an American user of Libra, and my rent is $1,000 a month, and just for simplicity's sake, let us say that this month it is 1,000 Libra a month. Now, because Libra is backed by a basket of currencies, let us just imagine that one of the currencies, sterling, devalues dramatically in 2 weeks. I think, if I recall my banking and economic days, that I will find that in the next month, my rent in Libra will be--let's just pick a number--1,100 Libra but still $1,000 a month. What I am getting at is that users will have the profoundly unfamiliar experience of assuming foreign currency risk. Am I correct in that? Mr. Marcus. Congressman, yes, there will be fluctuation, but the way that we are intending to design the reserve, again, in consultation with the G-7 working group of finance ministries and central banks, is going to be in such a way that--we have looked historically at the volatility that the dollar would have had in the last 20 years compared to the Libra with the proposed basket. And if you look at the fact that half of the basket is dollars, it should be fairly stable. That being said-- Mr. Himes. But wait, wait. You acknowledge--I got it. You acknowledge that consumers everywhere, users of Libra, will for the first time, if they have previously been using their domestic currency to purchase domestic goods, experience foreign currency risk. Mr. Marcus. They will have some degree of volatility-- Mr. Himes. Right. Okay. I think that is an important point for people to understand. And I am not saying that is good or bad, but traditionally, the regulatory apparatus here has said that if you are going to assume an unfamiliar risk, that risk will be disclosed to you with full transparency. And the mechanism we have traditionally used to disclose that kind of risk is through public filings and disclosure. Now, you said this is not an exchange-traded fund (ETF). I am a former banker. This looks to me exactly like an exchange- traded fund backed by a series of short-term instruments in foreign currency. It looks exactly like an ETF to me. It even has a creation and remittance mechanism. Elaborate for me on why this is not an exchange-traded fund. And if there is any ambiguity, what I really am getting at here is you need to clear--if, in fact, the regulators determine that it is an ETF, you need to clear 1940 Act registration hurdles, which that may sound technical, but that is designed to protect that rent payer who discovers that their rent went up for reasons they do not understand. So, tell me why this is not an exchange-traded fund? Mr. Marcus. Congressman, there are three points of why we believe it is not. Despite the fact that you are right that it uses some operational mechanisms that are similar, we believe that it is not because Libra is a payment tool. And typically, if the question you are asking is whether we-- Mr. Himes. But wait, I need to stop you there. The SEC does not say if you are a payment tool, you are not an exchange- traded fund. The SEC says if you have a security that is backed by other securities, you are an exchange-traded fund. And you may quibble with me that you are not a security, but you are certainly backed by other securities. Is that not correct? Mr. Marcus. Congressman, it is mainly currencies, but I do want to answer your question. First, we believe that no one will buy Libra as an investment because it is designed for stability. That is number one. Number two is that when you look at the definition of the securities or the Howey Test that has been used by the SEC, it actually uses the idea that you invest for a profit that will result in the management of the product, and this product is not a product, it is a payment tool. It is not going to be actively managed. And you cannot use an ETF for payments. This is actually designed as a payment tool to enable people to retain value, not to-- Mr. Himes. Since I am almost out of time, let us go back to my original question. How will you make transparent what you acknowledged is foreign currency risk that consumers will face? How do you envision doing that? Mr. Marcus. Congressman, as far as the Calibra Wallet is concerned, you will have transparency and education built into the product. Mr. Himes. Okay. Thank you. My time has expired. Thank you, Madam Chairwoman. Chairwoman Waters. The gentleman from Ohio, Mr. Stivers, is recognized for 5 minutes. Mr. Stivers. Thank you, Madam Chairwoman. And welcome, Mr. Marcus. We all say we want to encourage innovation, and I appreciate your innovation, and I really do want to encourage innovation. And I would just like to kind of walk through a timeline so we know where we are in the innovation process here. And correct me if I am wrong, or I will just ask a couple yes-or-no questions. It was about 60 days ago you announced the idea, correct? Mr. Marcus. Congressman, it was on June 18th, yes. Mr. Stivers. June 18th. The White Paper was on June 18th, but I thought in May, you put out--there was nothing in May? [Witness nods head no.] Mr. Stivers. Okay. We are 30 days from the White Paper. So, this is a really early congressional hearing. And with that, I understand that you will not have the answer to every question. I do appreciate your commitment to be willing to ensure that you meet all the regulatory hurdles and comply with the law. The value I see in this innovation is, of course, for cross- border payments because that is so expensive today, and, second, for the unbanked, and you talked about both of those domestically. But can you just tell us what is in it for somebody domestically who already has a bank account and is not looking for cross-border payments? I do not see a big application for those folks. Mr. Marcus. Congressman, I am glad you asked, because I doubt that people will pay their rent with Libra any time soon, to just answer the question from earlier. The general use case that we believe will happen in the U.S. when you have a bank account and you are properly banked is that if you want to send money abroad, you will connect your debit card with one of the wallets. You will buy just the right amount of Libra you need to actually make that cross-border transaction. You will save a lot in the process, but then if money comes back, you will redeposit it back to your bank account. Mr. Stivers. And so you do not expect people to be holding Libra because the point is to have a stable currency, not a volatile currency. That is where the value comes in, in cross- border payments, because about 60 percent of the world's population lives in a country that does not have a stable currency. I appreciate that, and I think there is some value in that. I do have some concerns about the potential of money laundering. As you know, cryptocurrencies and the Silk Road sort of started as a way to anonymously finance illicit activity or as one of the early things that it was used for. I am concerned about cross-border payments that then are going to people who have sort of bad intent, and I am curious, will you put a limit on the amount of any individual transaction? And I know, again, it is early. I recognize the timeline of where we are. But do you expect to put a limit on how much somebody can transfer in Libra to someone else? Mr. Marcus. Congressman, we are going to continue our engagement notably with Treasury on this topic, and my expectation is that there will be limits, depending on where the money is sent or where it is coming from. My hope is that between two consumers of American-regulated wallets like Calibra and others who will have proper KYC and AML, we can avoid having artificial limits. But we will probably need limits across the network to ensure that those activities can-- Mr. Stivers. And I am not asking you to put artificial limits in. I was just curious, and obviously I want to make sure you comply with Know Your Customer and anti-money- laundering because that is complying with the law, which you said you would do, and I think that is really important. Mr. Marcus. We will, Congressman. Mr. Stivers. Do you expect to have the Libra Association vote to exclude companies like Chick-fil-A or anybody else that might have social views that you disagree with? Mr. Marcus. Congressman, this is actually not going to be my decision or Facebook's decision. It is going to have to be a decision that is going to be made by the council of members of the Libra Association and the Libra Association itself. Mr. Stivers. And I recognize that. I will just urge you to not use this for social engineering but to use it to meet the intent that we talked about of helping the unbanked and helping people with cross-border payments. I hope that is the purpose and not just social engineering. I appreciate your time today. There are a lot of unanswered questions. I may send some in writing. I do appreciate the innovation. I appreciate your time, and I look forward to working with you as you work to make sure that you follow every law and regulation. I know it will be a challenge because you will be dealing with 200 countries' regulations. Thank you so much. Mr. Marcus. Thank you, Congressman. Chairwoman Waters. The gentleman from California, Mr. Sherman, is recognized for 5 minutes. Mr. Sherman. Madam Chairwoman, we need to get Mark Zuckerberg here. This is the biggest thing or it tries to be the biggest thing this committee will deal with this decade. And while we have one of his employees here, this is Zuckerberg's program. Now, we are told by some that innovation is always good. The most innovative thing that happened this century is when Osama bin Laden came up with the innovative idea of flying two airplanes into towers. That is the most consequential innovation, although this may do more to endanger America than even that. People call this the ``Libra.'' It is not the Libra. If it finally happens, nobody is going to call it a ``Libra.'' They are going to call it a ``Zuck Buck.'' This is Zuckerberg's baby. Mr. Marcus gave me two promises in our conversation yesterday, both of which he knows they will not comply with. First, he promised that all the Know Your Customer and anti-money-laundering is going to be adhered to. But that applies only to the Calibra Wallet, and he hopes to have hundreds of other wallets created by others. Keep in mind as to Bitcoin, 46 percent of the transactions, according to one academic study, are for drug dealers and other nefarious operations. Hamas advertises they want Bitcoin contributions. Bitcoin, however, has a problem. There is no off-ramp. There is no way to just go buy something with a Bitcoin. You can eventually with a Zuck Buck. And, finally, the White Paper put out by Facebook says the Libra protocol does not link accounts to real-world identity. A user is free to create multiple accounts by generating multiple key pairs. So this is a godsend to drug dealers and sanctions evaders and tax evaders. Zuckerberg has billions, but he does not have the authority to print more until he gets this. We went from the U.S. dollar being linked to gold, and we only printed a number of dollars equal to the gold we had, to the dollar becoming valuable in and of itself, and now how many dollars we print has nothing to do with how much gold we have stored. Mr. Marcus promised me that they would never do that, but then he testifies here that the Libra Association will make all the decisions and Facebook will not be in control. So much for those promises. America's power comes from the power of the dollar more, I think, than the power of our military. It lowers the interest rates in the United States by at least $1,000 a family. The seigniorage has allowed the Fed to transfer $100 billion in some years, often less, to the Treasury. Our sanctions in Iran, which I have worked on for over 20 years, are effective only because of the power of the dollar, and we are able to go after human traffickers, drug dealers, and tax evaders because of the power of the dollar. We are told that they are going to solve two problems with this. They are not going to solve those problems. Cross-border transmission, let us do that in dollars, or let us send quetzals to Guatemala. You have a multi-billion-dollar company, a trillion-dollar-company. Help people make those transmissions at low fees, but use dollars or use the local currency. And then we are told they are going to deal with the unbanked. If they wanted to help the unbanked, they would not be using a cryptocurrency because cryptocurrencies are illegal in India, the place where they have more unbanked than anywhere else. They do not want to solve those problems. They want to solve two other problems: problem number one, Zuckerberg cannot print money-- yet; and problem number two, Zuckerberg is under attack because he invades the privacy of ordinary Americans and sells it to the highest bidder. He needs to be an advocate for privacy. And so, he is creating a device which will provide privacy to drug dealers, human traffickers, terrorists, tax evaders, and sanctions evaders. We need Zuckerberg here because we need to tell him that he probably has the power to push this through. He will throw around tens and hundreds of millions of dollars in Washington. His supporters will get huge Zuck Bucks in U.S. dollars. A hundred lawyers will tell him that what he is doing is legal and, therefore, he is safe. But someone with an understanding of the politics of this country needs to explain to Mr. Zuckerberg that if cryptocurrency is used to finance the next horrific terrorist attack against Americans, a hundred lawyers standing in a row, charging $2,000 an hour, are not going to protect his rear end from the wrath of the American people. This is an attempt to transfer enormous power from America to Facebook and a number of its allies. We need Zuckerberg here. Chairwoman Waters. The gentleman from Kentucky, Mr. Barr, is recognized for 5 minutes. Mr. Barr. Thank you, Madam Chairwoman. Given the commentary we have heard in this committee hearing today, and some of the very pointed questions directed your way, Mr. Marcus, I think we are discovering why a decision has been made to locate in Switzerland as opposed to the United States. Having said that, I do want to address some of the concerns that have been raised today and ask you about them. I think there are some legitimate questions that we can ask, but it does seem like in Washington, whenever the private sector produces some kind of innovation or new discovery or new advancement, politicians and bureaucrats rush to criticize and regulate, and there is always a presumption that the private sector innovating is a bad thing. I think the presumption should be totally reversed. I think we should presume that innovation is good; it presents enormous opportunity for financial inclusion, reducing friction in transactions. The opportunities that are created by this innovation is laudable. It is to be commended. That is not to say we should not ask questions, but the presumption in this hearing room today seems to be in the wrong place. Let me ask you about the possibilities, the opportunities that this presents, particularly with respect to financial inclusion. What percentage of users on Facebook are underbanked or unbanked in the United States, Mr. Marcus? Mr. Marcus. Congressman, I do not have the answer for Facebook specifically, but I know that over 8 million households in the U.S. are-- Mr. Barr. Why don't you know how many Facebook--Facebook is often criticized for invading the privacy of Americans. Why doesn't Facebook know approximately how many of its 2.6 billion users are unbanked or underbanked? Mr. Marcus. Because there is no way for us to know that information. Mr. Barr. Okay. Do you have any idea how many users of Facebook live in rural America or so-called bank deserts? Mr. Marcus. I do not have the exact number, Congressman, but I can find out and follow up with your office. Mr. Barr. Well, if you know or do not know, we would like to know that. How will Libra and Project Libra promote greater financial inclusion in the United States? Mr. Marcus. Congressman, we believe that having the ability to access digital money where you can safeguard the value that you want to safeguard but, more importantly transact with the people that you want to transact with for free, simply with just a $40 smartphone and a basic data plan, is something that would enhance the ability for people even here in the U.S., despite the fact that we believe this is not going to be the main market for Libra, it will solve problems for lots of people here in the U.S., notably the very people who are unbanked today and send money abroad home, which makes for the bulk of the income of their families back at home. Mr. Barr. I will not ask a question, but I will just jump onto the point that Mr. Duffy was making earlier. I think that the opportunity for financial inclusion with Project Libra is enormous and very positive. I share Mr. Duffy's concern about what that inclusion actually means, and to the extent that Facebook and other social media enterprises have been criticized for political bias, I think that is important to earn the credibility of the American people that this platform, this financial platform be viewed and earn the confidence as a neutral player so that the adoption can serve all and really serve that ultimate purpose of financial inclusion. A final question, and this relates to the testimony that you have delivered that this project will not compete with central banks or interfere with monetary policy. We heard from the Chairman of the Fed, Jay Powell, recently that whereas Bitcoin or other digital currency endeavors really do not present a challenge for central banks, this could, because of Facebook's 2.7, 2.8 billion users and 1.6 billion daily users, that it does have the potential for widespread adoption big enough to potentially displace the U.S. dollar as the world's reserve currency and, therefore, interfere with central banking tools, interfere with monetary policy. Tell me how Libra will not undermine sovereign currencies and the power of central banks. Or is the very point to undermine central bankers and to provide greater freedom away from central banking? Mr. Marcus. Congressman, I want to be very clear. We do not want to compete with the dollar or with sovereign currencies. This is why they make the reserve. And even in our wildest dreams, never will we come anywhere close to the size of any of the currencies that you mentioned. But we will make sure to work with the Fed, with the Financial Stability Board, and with the G-7 working group internationally to ensure that the proper controls-- Chairwoman Waters. The gentleman's time has expired. Mr. Barr. Thank you. Chairwoman Waters. The gentleman from Illinois, Mr. Foster, is recognized for 5 minutes. Mr. Foster. Thank you, Madam Chairwoman, and Mr. Marcus, I would like to also thank you, as the co-Chair of the Congressional Blockchain Caucus, as well as perhaps the only blockchain programmer and AI programmer in the U.S. Congress, I want to thank you for having rather detailed individual briefings with me on this. There are a couple of things I was promised during those briefings that my staff tells me have not yet been delivered. One of them is when we got into a detailed discussion of how you would prevent this from being used for ransomware, I was promised that there would be an answer. Are you prepared to give that answer yet? If not, I would like to drill down into just how anonymous these transactions in Libra actually would be. Mr. Marcus. Congressman, ransomware is a really important issue, and the way we are thinking about it as far as the Calibra Wallet is concerned-- Mr. Foster. No. I am interested in Libra, all right? Libra, which is, as I understand it, an anonymous bearer instrument. Is that correct? Mr. Marcus. Congressman, it is not anonymous-- Mr. Foster. Is self-custody allowed in Libra? Mr. Marcus. Congressman, yes, within limits. And as a result, we believe that especially in countries like the U.S. and others, you will have all the wallets that will have-- Mr. Foster. I am not worried about wallets. I am worried about abuse of self-custody. If I own the cryptographic code for a piece of Libra, do I own that Libra, full stop, or not? Mr. Marcus. Yes, Congressman. Mr. Foster. Yes, you do. Okay. Now, if I go on the Dark Web and start offering to trade that, do you have any technical way of stopping me from doing that anonymously? Mr. Marcus. Congressman, yes, because there are on- and off-ramps, and all of the on- and off-ramps are properly KYC'd. Mr. Foster. All of them? Mr. Marcus. Yes, that will be-- Mr. Foster. Once a large fraction of Libra would be transferred into self-custody and then there starts to be a significant flow among the self-custody entities out on the Dark Web or other places, how do you prevent that from actually allowing things like ransomware? Mr. Marcus. Congressman, again, it's a very important problem, and the way that we are tracking--the way that the association will enable tools so that law enforcement and the different wallets can understand where the movements are happening to prevent those issues is going to be one of the ways that we will address this. The other way that we will address-- Mr. Foster. We are going to have to be absolutely dependent on the fact that every single wallet is in a regulatory regime that we trust, is that right? So if there is one wallet out in some set of islands or something like this that does not follow U.S.--are we just out of luck there and that all of the illicit transactions will flow through there? Mr. Marcus. No, Congressman, because if you are a U.S. resident and you want to use a wallet, the wallet offering services in the U.S. will need to be properly regulated in the United States. Mr. Foster. All right. We will have to have an ongoing discussion. I would like to also mention cybersecurity. One of the main jobs of FSOC is to oversee cybersecurity at systemically important firms. Now, you have seen fit to make a new programming language for here, and I spent a little while looking over that. There is some creative stuff in it. Some of it is pretty much copying other things that have been done before. Some of it is brand new. But even if it had zero creativity in it, there would still be a problem that one wrong line of code could generate a hole that could crash the entire Libra ecosystem. And so the governance of that language and all the infrastructure, from what I understand from my reading of it, is that you are going to be distributing runtime executables and things like that as well. And so that all of that has to be bulletproof cybersecurity, and I was wondering how you are going to deal with the governance of that? Mr. Marcus. Congressman, two ways. First, we agree with you that this is of absolute importance, and the way we are dealing with that is that the move language that you are referencing will have formal verification in place to avoid issues that-- Mr. Foster. To the extent that there are no compiler bugs. Mr. Marcus. Yes, but the the compiler will not execute the code if the code is not formally verified, and we have the chance of having David Dill, who is a professor from Stanford in formal verification, helping us with this issue. The other thing that I want to say is that the association will have guidelines on what third-party code can be published or not. And at the very early stages, it will be very limited to a set of templates that will avoid the issues that you are raising. Mr. Foster. All right, but it will be an ongoing target because if Libra is taken to scale, it will be an enormously fat target for cyber attacks, intrusion, insertion of inside threats, and so on. So, this is something that, in terms of overall financial stability, is probably as crucial as anything else. Thank you. I yield back. Chairwoman Waters. The witness has requested a 10-minute break. The committee stands in recess. [recess] Chairwoman Waters. The committee will come to order. The gentleman from Colorado, Mr. Tipton, is recognized for 5 minutes. Mr. Tipton. Thank you, Madam Chairwoman. Mr. Marcus, thank you for being here. This is a fascinating conversation, and I think a lot of the questions are expressing concerns not for innovation but just in terms of what we are going to be seeing come out the end once the process is completed. I did have one question, because there does seem to be some confusion, and you didn't actually clarify, in terms of exactly what we are talking about with Libra, in terms of being a security, an ETF. You said possibly a commodity that could be there. Along those lines, when you are looking at your association, the Libra Association, you have Visa, MasterCard. Are you doing any active recruitment, talking to any other financial institutions to be in the Association? Mr. Marcus. Congressman, the Association membership is actually open, as long as members meet the criteria that has been published. Of course, that could be subject to change and is in control of the Libra Association. But we expect that there will be a number of financial institutions, including banks, joining its ranks. Mr. Tipton. Will that have continued monitoring as you are bringing in association members, just to make sure that bad actors don't potentially get into the association? Mr. Marcus. Yes, Congressman. Mr. Tipton. One of the things that we have had a fair amount of conversation on is Know Your Customer, the ability to be able to identify who those people are. And I wanted to be able to follow up a little bit on that, in terms of the commitment that you are seeing coming out of Calibra. We passed and signed into law last year the Mobile Act, to be able to open up a bank account with your driver's license. But it was followed with commitment from the banks that that information would be eliminated once the account was open, and it wasn't going to be retained. Are you making the same type of commitments? Mr. Marcus. Congressman, the general desire, as far as the Calibra Wallet is concerned, is to only retain the data for as long as it actually is required to operate the service, not any longer. If the government-issued ID that is captured is not of any use, notably, for protections, then we will commit to the same rule. Mr. Tipton. Okay. And I think it is important because, not to parse on words, but when you say ``desire to,'' I think that is something that we would like to be able to see a commitment to, in terms of the policies that you are going to be putting in, just to be able to protect privacy, because I think it has been spoken here several times. You know there are some real concerns over Facebook and issues with privacy right now. You have talked a lot about also wanting to be able to reach out to the underserved, talking about overseas payments, but we have actual banking deserts within the United States right now. One of the key components is obviously to be able to have high-speed internet access. In my home State of Colorado, 14 percent of our population does not have access to high-speed internet. Do you have any plans to be able to do outreach, to be able to build out some of those networks, to be able to provide the access that you said that you would like to see for underserved markets? Mr. Marcus. Congressman, not as part of the Calibra effort per se. That being said, Facebook has invested, and continues to invest in helping providing access around the world, and will continue doing so. But as far as the Calibra Wallet is concerned, we are really focused on that population that currently has smartphones and a basic data plan and is underserved or not served at all by current financial services. Mr. Tipton. Okay. Thanks. And we have had concerns from some of our constituents, some of our community banks. They are saying that they have some worries that Libra, Calibra, the Libra Association represent a point of competition for traditional financial institutions and payment systems as they overlap on some of the core functions between your proposal and the kind of products that your proposal could lead to, into the regulated institutions. Do you believe that Libra, Calibra, and the Libra Association should be subject to some of the same regulations on the banking side as our financial institutions are? Mr. Marcus. Congressman, first I want to recognize the role that community banks play. It is absolutely essential and I hope that they can participate in services on top of the Libra network as well. And as far as banking regulation, if we ever enter into providing banking services, which right now we are not considering, then yes, we would need to have proper banking regulation. But as it is contemplated right now, as far as the Calibra Wallet is concerned, we are going to be focused on payments. Mr. Tipton. Great. And my time has expired. Thank you. I yield back, Madam Chairwoman. Chairwoman Waters. Thank you. The gentlewoman from Ohio, Mrs. Beatty, who is also the Chair of our Subcommittee on Diversity and Inclusion, is recognized for 5 minutes. Mrs. Beatty. Thank you, Madam Chairwoman, and thank you, Mr. Marcus, for being here today. This is kind of a great segue for me, with my colleague talking about the underbanked and the unbanked. You have heard a lot today, and we have tried to gather a lot of information, whether it was cybersecurity, governance, antitrust, investment ownership, and now the unbanked and underbanked. As you heard, I am the Chair of the Diversity and Inclusion Subcommittee. So when I hear underbanked and unbanked, traditionally that goes to a lot of people who have some challenges economically. I have gone through your White Paper, and as I look at that, it wasn't very unique in your problem statement to me when you were citing 1.7 billion adults globally remain outside of the financial system and that Libra will connect the world to them in a unified financial ecosystem. I think that is a lot of words, but when I think about the underbanked and unbanked, here is the question that I want to ask you. I want to focus on one of the reasons that I read that Libra gives us for why we need a global currency, and that is to address the millions of unbanked and underbanked people in the world. Despite this claim, in response to a question at yesterday's Senate Banking Committee hearing from Senator Brown, you stated that Libra is not designed to compete with bank accounts. Additionally, you said, in response to Senator Kennedy, that Libra will not engage in banking. Can you tell me how Libra banked and unbanked and underbanked, how you will work with them if it is not meant to compete with the banking accounts, and if you are not engaging in banking? Mr. Marcus. I am glad you asked that question, Congresswoman, and I want to separate the different types of services that will be provided. Mrs. Beatty. You have to do that quickly because I have two more questions. Mr. Marcus. I will do my best. The first one is that we are-- Mrs. Beatty. Let me ask you this way. Yes or no, are you competing with banking or not, in your opinion? Mr. Marcus. No, Congresswoman, but we will offer-- Mrs. Beatty. Do you consider yourself a bank? Mr. Marcus. No, because we will not offer-- Mrs. Beatty. Are you taking people's money and letting them pay for things, letting them transfer monies? Mr. Marcus. We will be active in payment services, Congresswoman, and enable all of these people who currently don't have access to modern payment systems to move their money around and have access to the world economy, and as a result we will be in the payments business, Congresswoman, as far as the Calibra Wallet is concerned. Mrs. Beatty. Let me ask you another question on governance. I think in your opening statement, you said that it would not be overpowered by Facebook because you would only have one vote. In the world of banking--because in my mind it is still banking--we are dealing with a lot of banks who merge. So let's say with your one vote you would buy Stripe, or you would buy Spotify. Would that now still give you just the one vote or would that give you more control? Because we know these things merge and get bought out all the time. If you bought those things, would that give you more power? Mr. Marcus. It would not, Congresswoman, because in the way that the governance is currently structured no one entity can have more than one voice or one percent of the vote. Mrs. Beatty. Someone asked about the training in financial literacy. We know those who are unbanked and underbanked are that for a reason. This is very complicated. We have some of the best minds here, on both sides, and clearly there are a lot of unanswered questions, or clearly you can tell from our questions there is a lot of disagreement with this. How do you take somebody from my district, who is underbanked or unbanked, and educate them? No financial literacy. They think you are a bank, because even when you mention PayPal and those systems, which you were the president of--I used PayPal as a store owner, but it was tied to my credit card, it was tied to the regulations of the Federal Government. How do you tell us that it is not banking? Because if it is not tied to any of those things, how does it work? Where is my protection? What happens if I do this--and we already know I am ignorant to the process--and then I want my money, I want my Libras back. Can I get them all back? Mr. Marcus. Yes, Congresswoman. Mrs. Beatty. With no problems, I can get them all back and put that money back into my account? Mr. Marcus. Yes, Congresswoman. In the same way that PayPal and others are connected to the banking system, Calibra Wallet will be also connected. Mrs. Beatty. My time is up. I yield back. Chairwoman Waters. Thank you. The gentleman from Texas, Mr. Williams, is recognized for 5 minutes. Mr. Williams. Thank you, Madam Chairwoman. I want to echo the comments of some of my colleagues that this hearing somewhat seems somewhat premature. So far, private companies are beginning to form an association and have released, as we have talked about, a 12-page White Paper describing the general idea of this global cryptocurrency. It seems like there is a lot more work to be done internally at Libra before we, in Congress, can seriously examine all the regulatory and security hurdles that we all are concerned about, that you have heard from both sides today. There are many more pressing issues that we need to deal with, I believe, before we all go home for the August recess in a couple of weeks. We have not acted on the impending debt ceiling. Our reckless government spending is out there. There is still no budget deal. There is no EX-IM authorization bill, and that has businesses all over the country nervous. And we are at the beginning of hurricane season and we still can't get the flood insurance package to a vote on the Floor. I understand the interest in this new idea. I am from the old school. But I think our time would be much better spent working on issues that will benefit the American people immediately rather than pre-emptively trying to stop this idea from even being explored by Facebook and other industry participants. We should not discourage the private sector. I am a big private sector guy. We should not discourage the private sector from investing their own time, and their own money to research these new technologies. No matter what policies we enact up here in Congress, the private sector is the engine that creates solutions to some of these great problems. Mr. Marcus, I applaud your entrepreneurial spirit, and it leads me to believe you are probably a capitalist; are you not? Mr. Marcus. I believe we all are in this country. Mr. Williams. Okay. Thank you. That is good. That helps our record there. And also, with that in mind, do you believe that the private sector rather than the government is better suited to explore the potentials of blockchain technology in the financial services space? Mr. Marcus. Congressman, I believe that in this specific case it requires both the innovation capabilities of the private sector and the oversight of the government and regulatory bodies for this project to be successful, specifically. Mr. Williams. Facebook has already stated that it won't launch the cryptocurrency in India, due to regulatory issues. Can you explain the issues you ran into in India, and do you anticipate that you will not be able to launch this project in other countries? Mr. Marcus. Congressman, there will be countries in which the Calibra Wallet itself will not be able to operate, but since the network is interoperable and other wallets can emerge in different regions, and transactions are possible between wallets, unlike the current system, which constrains transactions within one wallet, we believe that others will emerge in other countries that will enable access to a greater number of people who currently don't have access to modern financial services. Mr. Williams. Something that I saw in your White Paper is that the Libra Association will be run as a nonprofit, yet it will pay dividends to investors who provide capital to jump- start the ecosystem. Can you go into greater detail on how you reconcile the association being a nonprofit yet you will pay dividends to the investors? Mr. Marcus. Yes, Congressman. The association is a nonprofit, membership-based association under the laws of Switzerland, that are slightly different. And the goal for the association is not to generate a profit, but if it has to pay out income streams, it will pay taxes on those income streams, as covered by the Swiss law. Mr. Williams. As a small business owner, I am a Main Street America guy, 50 years in business. I see the benefits that this could have on remittance payments to other countries, and with the lowering transaction costs. Innovation is a good thing and there is no reason we should be stopping this idea so early in its existence. With that being said, I begin to get concerned if this were going to be used in lending. Is the eventual goal to use cryptocurrency for lending? Mr. Marcus. Congressman, as far as the Calibra Wallet is concerned, it doesn't have any plans to do so, as of now. I do believe that there might be banks around the world that might want to engage in those types of services, but this is definitely the province of banks and not something that the Calibra Wallet will do itself, and it is not in the plans right now. Mr. Williams. Okay. Really quickly, the White Paper also states that the Libra blockchain is pseudonymous, as you say, and allows you to hold one or more addresses that are not linked to their real-world identity. How do you plan on striking the correct balance between privacy and a user's ability to hide criminal activities? Mr. Marcus. I am really glad you asked this question, Congressman, because I think this is misunderstood. That fact that there is no personally identifiable information on the blockchain is not a virtue of the fact that people are not identified on the platform. It is just that it would be irresponsible to have personal data be publicly available. That being said, wallets and on- and off-ramps will be regulated and will have proper KYC. Mr. Williams. Okay. My time is up. Thank you for being here today. Chairwoman Waters. The gentleman from Guam, Mr. San Nicolas, who is also the Vice Chair of the committee, is recognized for 5 minutes. Mr. San Nicolas. Thank you, Madam Chairwoman. Mr. Marcus, what does the organization project the average user will have as a Libra balance? Mr. Marcus. Congressman, we have not projected average balances at this point. Mr. San Nicolas. Do you really expect me to believe that? Facebook is built around average users, average number of hits. Visa, MasterCard, all these huge players are signing up, and you guys have no idea how much you expect to have in the average Libra account? Mr. Marcus. Congressman, it will really vary, depending on where the usage of Libra, the currency and the network-- Mr. San Nicolas. Okay. Can you give me a low estimate and a high estimate of what the variation is expected to be? Mr. Marcus. Congressman, again, we have not made projections for this but we would be happy to follow up with your office and your team when we do. Mr. San Nicolas. First of all, I absolutely disbelieve that. Like I said, those organizations are built around understanding their users and what they are anticipating their usage is going to be. And I think that you are just trying to hide that figure, because when you actually start doing the math, it becomes very, very alarming. In your own posts, sir, you mentioned that billions of users--``We firmly believe that if Libra is successful, it can be a nonlinear step change for billions of people who need it the most.'' So if you are talking about $100 in a Libra account, if you are talking about $100 billion. If you are talking about $1,000 in a Libra account, if you are talking about $10,000 in a Libra account--and so I think that the amounts that we are talking about, in terms of an average user, is critical in order to understand the full scope of how pervasive this kind of action is going to be, and I am going to go through why that is so critical. If 20 founding members, a lot of big-shot companies that have come together seemingly overnight and surely under the radar, and the White Paper that you submitted says that you will have 100 members in the second half of 2020, which is a year from now, that is 72 new members. You are going to triple your growth in one year, and you guys don't even know what the average Libra wallet is going to hold. We are just going to pretend that that figure is just some unknown number, but we are going to bring in 72 new players. Are any of these players Fortune 500 companies? Mr. Marcus. Yes, Congressman. Mr. San Nicolas. How are you able to convince Visa and MasterCard and 72 new Fortune 500 companies to sign up for something without even knowing what the average user amount is going to be? Mr. Marcus. Congressman, I want to respectfully say that I am not hiding anything. I am here responding truthfully to all the questions with the information I have at this time. Mr. San Nicolas. Yes, that is what you are saying, but sensibly, I think we can all be sensible people. You won't get these huge Fortune 500 companies signing up if they don't understand what they are signing up for. And the reason why this is so critical is because when you have--even Facebook alone, in your own post, you said you have 90 million businesses on the Facebook platform that are going to be able to attest to how this is going to be something that is going to be an empowerment for those businesses. And that is just the Facebook platform. We are not talking about the MasterCard platform or the Visa platform or the platform of these 72 other companies that are all lining up without any kind of idea of how much they are actually going to be getting involved with. And this is so important because we are talking about billions of users, and tens or even hundreds of dollars. That is money that is getting sucked out of the U.S. financial system and being put into whatever this cabal is putting together in terms of Libra and Calibra. The USA has less than 5 percent of the global population and yet 15.28 percent of the global GDP, in dollars. That many users and that many dollars means that the USA is going to be disproportionately affected by Calibra and Libra. And once we impact disproportionally U.S. dollar demand by sucking dollars into Libras, interest rates will have to rise to attract dollar-denominating investors, higher interest rates will injure the U.S. economy and U.S. jobs, and higher interest rates, perhaps more importantly, will raise the financing cost of funding U.S. military operations and national security. And if that is going to be the case, how do we put a stop to it? Let's say we have hundreds of millions of users in the U.S., and they have all put in thousands of their own dollars. How do we put a stop to it once that risk presents itself? Because if that risk presents itself and we can't put a stop to it, what happens then? And if you think that the Congress or the elected leaders are going to be able to put a stop to it, one thing that you need to realize is, when you have hundreds of millions of users, in thousands of districts, it is going to be next to impossible politically to do that. I yield back. Chairwoman Waters. The gentleman from Georgia, Mr. Loudermilk, is recognized for 5 minutes. Mr. Loudermilk. Thank you, Madam Chairwoman. Mr. Marcus, thank you for being here. I know it has been a long day. Look, I want to thank you for not only your time being here but also your willingness to look at new ways of doing things. That has been the strength of our country. Quite frankly, I don't care for Facebook. It is a nightmare for many of us in this type of position. I don't care for some of the filtering that is done, suppressing some of our posts because of political content, but if you are a private business, that is your right to do so. But I do appreciate anyone who challenges the status quo to look for something new and a better way of doing it. We have concerns here, and I think this is actually a platform where we can address those concerns. We can begin a dialogue, and I appreciate that. What you are experiencing right now has been experienced by any innovator throughout our history. The Washington Post, in the early 1900s, had an article entitled, ``Man Will Never Fly, and Shouldn't.'' And it went through all the reasons why we should even stop testing an airplane, especially when you had two bicycle mechanics from Dayton, Ohio, trying to fly when scientists and engineers couldn't. Thomas Edison--there were dozens and dozens of articles written about how the light bulb was a dangerous invention if it was ever accomplished, and would be a public health threat, and it should be stopped immediately. Now all of those ended up being great advancements that, rightfully so, were regulated by government for public safety and health benefit--reasons that it could be done safely. But the point is we can't demean these things until we actually look into them, and this is the dialogue I want to have. I have concerns. I do have concerns, but I think unless I am willing to express those concerns, and I am willing to actually hear your answers, we are getting nowhere. And so with that, I don't want to use up all of my time. One of the big concerns of mine, from spending time in the IT industry, in data security, is, look, cryptocurrency is used for illicit financing--money laundering, terrorism financing, human trafficking. In fact, it is estimated that criminals used cryptocurrency to steal $1.7 billion from investors just last year, and 56 percent of that happened here in the United States. The Treasury Secretary said he is concerned that Libra could be used for these purposes. How can you assure us and the American people that this isn't going to be just another illicit financing tool? Mr. Marcus. Congressman, thank you, and I share this concern, and this is actually something that I care about personally, a great deal. I don't want the creation that we are working towards to be used for those types of purposes at all, and we believe that with the appropriate controls, with the proper AML programs, the proper KYC on- and off-ramps, that we will improve on the current system. There are a lot of illicit activities that are currently happening in our existing financial system, and I actually believe that with the combination of the right technology and the ability for law enforcement and regulators to also have a view into some of the movements, that we will improve on the efficacy of AML and counterterrorism funding programs. Mr. Loudermilk. Some of the pushback we have gotten from law enforcement--I have been an advocate for looking at blockchain for the technology. A lot of folks here have a fear, some justifiable fear, of cryptocurrencies. When you remove the stigma of cryptocurrency I think blockchain is a valid technology we look at for data security, but we do get a lot of pushback from law enforcement on the use of blockchain. Have you had engagement with law enforcement on this, and if so, what are their thoughts, their concerns, their acceptability? How are you going to do that interface? Mr. Marcus. Congressman, we will continue to engage, notably with FinCEN and the Treasury Department, and notably the department that looks after money laundering and counterterrorism funding, with Under Secretary Mandelker and her team, and also globally with a number of law enforcement and regulators. Mr. Loudermilk. With the remaining time I have, I have other questions I can submit for the record, but you basically are going to be a global payment system, which is typically regulated, as central banks are done, pretty heavily regulated. Would it be appropriate for FSOC to actually designate Libra as systemically important, as some have said that you will be? Mr. Marcus. Congressman, again, it is really not for me to say who should regulate us, but we definitely have been engaged with not only FSOC but all of the agencies under the FSOC umbrella, and we will engage mostly in payment services. But it is not for us to determine. Mr. Loudermilk. Thank you. Chairwoman Waters. The gentlewoman from Massachusetts, Ms. Pressley, is recognized for 5 minutes. Ms. Pressley. Thank you, Chairwoman Waters. I really do appreciate your continued leadership and returning this committee to its oversight role. I want to emphasize to you, Mr. Marcus, and to my colleagues on both sides of the aisle, that the reason we are here today is oversight, or more accurately, the lack of oversight in this space. The fact that we have arrived this far along in the conversation without any regulatory guardrails to inform the development of this project, on its face, just that fact alone is a problem. It is long past time that we stop compromising on consumers' privacy in the pursuit of profit. When consumers' well-being is on the line, echoing the sentiments of the gentleman from Arkansas, we cannot afford to simply trust but not verify. And so that is what we are here to do today, to verify. So, Mr. Marcus, yes or no, since my time is short, are you familiar with the content of Facebook's press release announcing the launch of Calibra? Mr. Marcus. I am, Congresswoman. Ms. Pressley. Great. At the end of your press release, there is a disclaimer that states, ``These forward-looking statements may differ materially from actual results, due to a variety of factors and uncertainties, many of which are beyond our control.'' In it, you go on to admit that this is all, ``based on assumptions that you believe to be reasonable'', as of the date of this press release. Madam Chairwoman, I ask for unanimous consent to submit to the record Facebook's press release announcing the launch of Calibra. Chairwoman Waters. Without objection, it is so ordered. Ms. Pressley. So, yes or no, would you trust your money with a company that essentially admits that it is just winging it? Mr. Marcus. Congresswoman, I don't believe that is the case and this is why we have shared our White Papers and our-- Ms. Pressley. Reclaiming my time, the disclaimer ends by saying that you, ``undertake no obligation to update these statements as a result of new information or future events.'' Again, moving on. On the issue of underbanking, which is an issue this committee is very committed to addressing under the leadership of Chairwoman Waters, Representative Beatty was citing your White Paper where you identify 1.7 billion people globally who lack access to financial institutions. That is a lot of people. Half of all adults who don't have bank accounts are living in just 7 countries: Bangladesh; China; India; Indonesia; Mexico; Nigeria; and Pakistan. Yes or no, are any of Libra's 27 partner organizations based in these countries? Mr. Marcus. Not at this stage, Congresswoman, but by the time we get to 100 members we hope to have a more representative slate of the very people that we want to serve. Ms. Pressley. Mr. Marcus, do you believe, as has been claimed, that authentication is the reason many of these people don't have bank accounts? Mr. Marcus. Congresswoman, there are a number of issues but my understanding is yes, identity is a big problem and-- Ms. Pressley. Okay. Moving on-- Mr. Marcus. --a greater problem. Ms. Pressley. Reclaiming my time. So the same bank report finds that almost two-thirds of people who don't have bank accounts say it is because they lack enough money to open one. Here is a rapid-fire round for you, Mr. Marcus. Does the Calibra Wallet require a bank account? Yes or no? Mr. Marcus. No, Congresswoman. Ms. Pressley. Does the Calibra Wallet require a smartphone? Mr. Marcus. Yes, and now you can buy one for-- Ms. Pressley. Reclaiming my time. Would these potential users be paid any interest on the money they store in Libra currency? Mr. Marcus. Congresswoman, it is like cash, and as a result it doesn't earn interest. Ms. Pressley. Okay. So if your solution to the world's unbanked is a currency that requires them to have a bank account-- Mr. Marcus. It doesn't. Ms. Pressley. --a smartphone, and no returns on their savings, I am not actually sure you really understand what the source and root of the problem really is. It is clear to me, when it comes to Facebook and its initiatives, we simply cannot trust or verify. But I would add and underscore that the reason we are here, and that you even have this opportunity to pursue it, is because the Federal Reserve has failed to offer Americans an equitable, reliable, efficient, safe, and secure system to access and move their money. I yield back. Chairwoman Waters. Thank you. The gentleman from Ohio, Mr. Davidson, is recognized for 5 minutes. Mr. Davidson. Thank you, Madam Chairwoman. I really appreciate you holding this important hearing today. A bipartisan group of my colleagues have worked for nearly 2 years trying to provide light touch regulatory certainty to many aspects of this market. Mr. Marcus, I appreciate you being here on behalf of Facebook, and in some ways a representative from the Libra Association, because you have brought to the world's attention a space that previously has been dynamic in the American market, lots of American innovators, but you see a lot of companies leaving the U.S. market for Switzerland, for Singapore, and for others, not to avoid U.S. laws, but to find the regulatory certainty that we have highlighted does not currently exist in the United States today. With that, Madam Chairwoman, my hope is that the committee will hold future hearings on cryptocurrency regulation so we can properly address these issues, and as we have seen, not entirely conflate them with Facebook's mixed messages here or mixed history across numerous other platforms, if there are platforms. Already, there are several legislative proposals in Congress that address the cryptocurrency sector, including the Token Taxonomy Act, a bill which I am leading alongside fellow committee colleagues Gottheimer, Budd, Gabbard, and Rose. With that, one of the key differentiators with Libra as a currency, from many other tokens in this space, is centralization. When you look at an open blockchain token, or you look at the Bitcoin that has come to represent the entire blockchain, to many people, it is like the architecture is the internet but the specific instance is a website. People know this famous website, Bitcoin, but they are not able to really associate the broader architecture of blockchain. And just like Facebook launched, and many other things will continue to launch, when the internet was in its early stages, we couldn't conceive of all the specific instances that would take place on the internet, in the blockchain space, in the tokenized economy. We are not really yet able to foresee all of the specific applications. That is why I think it is very important that we continue to hold hearings on the topic. Tokens could represent title to a car, deed to a land, software license, or goods or services. But what you are proposing is essentially different. It is a currency. It is not just a payment system. Calibra is a payment system, but you want to do it in a way that is different with the means of exchange. A store of value that is exchanged in a similar way to currency--not yet legal tender, not required to be accepted everywhere. But, essentially, how is this different than what Christine Lagarde at the International Monetary Fund proposed as a synthetic currency? Mr. Marcus. Congressman, the first big difference is that unlike the SDR that you are referencing, this digital currency will be available to consumers and will be designed as a medium of exchange from the ground up. Mr. Davidson. Yes, I don't think that is different at all. It is just whether the central bank is the Libra Association or the IMF. So, you still have a central banker. If you think of it as a bank, in the sense of that, the central authority, the idea that the Libra Association could ever become decentralized, I think gives a lot of people pause, because you intend to have it pegged to not just a bundle of currencies, but in the White Paper, short-term securities. Currently, under U.S. law, if you are trading in securities as the underlying basis for the asset that you are selling, that is regulated as a security. Why would it not be considered a security? Do you have a special Facebook clause? Mr. Marcus. No, Congressman, certainly not, and the reason we believe that Libra is not a security is because it is designed as a payment tool, and that - Mr. Davidson. Okay, reclaiming my time. Others have posited that a relatively simple, stable coin--which isn't entirely stable because it is denominated in other things--could be characterized as swaps or demand notes, both of which are treated as securities. The SEC's head of digital assets, Valerie Szczepanik, confirmed at a hearing last week that it does not matter that the stable coin does not have an expectation of profits. The expectation of profit is key because of the structure of it. In the case here, it would be regulated as a security. Setting that aside, we look at the other issues. The board--I am going to have to submit a ton of these questions in writing--when you look at the Know-Your-Customer provisions, and I listen to so many of my colleagues talk about how are we going to prevent illicit finance, I look forward to seeing Secretary Mnuchin or Chairman Powell ask how we are going to regulate the dollar. Mr. Duffy had an exact right point. And if you, at Facebook, or the Libra Association presume to sit over top of this and filter transactions the same way that you filter content on your alleged platform, I think the public is going to be out. Last I would say, do you plan to launch this outside the United States if you can't get regulatory certainty in the United States? Mr. Marcus. Congressman, I am glad you asked the question, and we will not actually proceed until we get all of the concerns addressed and the properly regulatory oversight here in the United States. Mr. Davidson. My time has expired. Chairwoman Waters. The gentleman from New Jersey, Mr. Gottheimer, is recognized for 5 minutes. Mr. Gottheimer. Thank you, Madam Chairwoman, and, Mr. Marcus, thank you for being here today. Facebook claims that its new Libra venture is motivated, in part, by a desire to serve the unbanked. While I appreciate this motivation, I am a little confused on how your product will directly help the unbanked and underbanked, given that the unbanked are operating solely with cash. How is a person who is unable to open a bank account going to be able to open a Libra account, convert their cash to Libra, and then transmit those Libra to third parties? Mr. Marcus. Thank you for your question, Congressman. The way that the Calibra Wallet will approach this is in partnership with cash-in and cash-out agents in the relevant countries where banking penetration is very low. And as a result, consumers who don't have bank accounts will have the ability to access the Libra network and buy and sell Libra. Mr. Gottheimer. So they have to have a center where they would go to, to actually convert, and help to set those up? Mr. Marcus. Congressman, we would use the existing network of cash-in and cash-out. Again, this is speaking for the Calibra Wallet. Mr. Gottheimer. Okay. Thank you. I think we agree on a key point, that blockchain technology is inevitable, and I believe that the new frontier presented by blockchain and similar financial technologies are an opportunity for American leadership, economic growth, and job creation, versus losing out in disgust to China and to Europe and others. In my district, the 5th District of New Jersey, so many different people work in the financial sector or on the cutting edge of financial technology, and it can be a tremendous job creator for the State. We also agree that we need to create an environment that encourages technologies to start here, grow here, and create U.S. jobs rather than going overseas. We know the Libra Association is currently composed of 28 American companies. I am deeply concerned that Libra will be based in Switzerland, as you have also heard. This is a big concern of ours. And so, echoing Mr. Davidson and others, would you agree that part of the reason why you made the decision was not to avoid guardrails but instead to avoid the lack of legislative certainty we have here in the United States? Mr. Marcus. Congressman, again, thank you for raising this because the choice of Switzerland, again, had nothing to do with us evading our responsibilities or oversight. But we really wanted the Libra Association, and the Libra digital currency, to be recognized globally as a unit of measure that was acceptable, and as a result, Switzerland offered the international platform to do that. And we hope that one day, many, many years down the line, the Libra Association can work very closely with organizations hosted in Geneva, like the WTO, the WHO, and the Bank of International Settlements in Basel. Mr. Gottheimer. We have heard quite a bit, many of us, if I can unpack that a little bit more, and why Mr. Davidson and I and others focused on that Token Taxonomy Act, which was bipartisan legislation, as you just heard, which provides some rules of the road for blockchain with a light touch but leaves space for American innovation. Part of our goal, because many companies that have been to our offices have said, ``Hey, we need some certainty here. We need some guardrails.'' Maybe not Facebook, but others have certainly said to us, ``Hey, the reason we are going elsewhere is because we don't actually know the rules of the road here.'' Have you heard that? Is that something--and it may not have factored into your decision-making in that direct case, but is that something that you have heard from partners you have talked to? Mr. Marcus. Congressman, yes, I have heard from different companies in this space that regulatory clarity would be helpful, yes. Mr. Gottheimer. And I know you have seen our piece of legislation. Are there other things that you think we should be doing to help the United States establish itself as a global leader on cryptocurrency? Are there other steps we could be taking in this body? Mr. Marcus. Congressman, I think the first thing we can do is ensure that projects that are within the right oversight and done responsibly actually see the light of day instead of losing our leadership to other nations that are plowing ahead. Mr. Gottheimer. That is one of our big concerns here is losing that space but also making sure that people don't, as you pointed out, don't evade, whether it is on privacy issues or others, evade U.S. jurisdiction just to do that, and I think it is a very big concern, I know, of me and many of my colleagues. We are very concerned, and this affects a lot of people and especially, as I pointed out, the unbanked and the underbanked that I am worried about, as time goes on, and how do we make sure that we don't abandon them in this process. I think it is very, very important as we grow. I yield back. Thank you very much, Madam Chairwoman. Chairwoman Waters. Thank you. The gentleman from North Carolina, Mr. Budd, is recognized for 5 minutes. Mr. Budd. Thank you, Madam Chairwoman. I think it is important that members of this committee be able to differentiate between Libra, which as I am understanding it, is not truly cryptocurrency, and then other tokens like Bitcoin, before discussing legislation. And I would encourage Members to use outside groups like the Coin Center, the Blockchain Association, and the Digital Chamber as resources. Those are very helpful and they provide a lot of clarity. Topics like this require a different sort of regulation, so the more educated we become, the better. If America is to remain and continue to grow and be a world leader in financial innovation and technology, then it is vital that this committee not embrace reactionary laws against cryptocurrencies, or even this, Libra. But we must differentiate between Libra and similar tokens, to Bitcoin from Libra. Mr. Marcus, I want to talk about the issue of Libra remaining politically neutral. I know this came up yesterday in the Senate, and my colleagues who have gone before me, including Mr. Duffy, Mr. Barr, and Mr. Davidson, and some others, have raised concerns on this, and I share those same concerns. In that vein, do you have any guidelines in place at this point in the process on how you will maintain political neutrality on your platform, and if not, will you commit to us today that you will develop guidelines and make those guidelines transparent to the public? Mr. Marcus. It is an important question, Congressman, and there are two parts to this answer. The first is the Libra Association, and the Libra Association will naturally not have oversight or decision-making around how Libra can be used, as long as it is lawful uses. And then the second part is the Calibra Wallet, and my commitment to you is that as far as policies come, we will be very thoughtful and we will share these with you when we get closer to finalizing the policies that are specific to the Calibra Wallet. Mr. Budd. Thank you. When you were talking about part one, the Libra Association, to be differentiated from Calibra, you said, ``if it is lawful.'' I think Mr. Duffy really pointed this out, that if it is lawful, it should be able to be used-- you should be able to use Libra, and not the whims of the ideology of Facebook. My concern is that you are going to let hearings like these, where you get nailed on national TV, inform decisions about who you do business with, and who you don't do business with, similar to financial institutions that have sat right where you did. We trusted Facebook with our data and they failed, so I am concerned that without the proper protocols in place, people should pause before trusting Libra with their financial information. And this opinion is based on countless examples of conservative de-platforming, in general, by big tech. As my colleague, Senator Marsha Blackburn, said, ``Tech companies like Google and Facebook need to start embracing the spirit of the First Amendment, not just their own employees.'' Moving on, in its published materials, the Libra Association commits to the Libra network transitioning from a permissioned network to a permission-less one. I think that is in 5 years. Is that correct? Mr. Marcus. The stated goal, Congressman, is to start that slow transition 5 years after the launch. Mr. Budd. Mr. Marcus, given that this would require investors in the association to give up all their interest in revenue generated from this created reserve, what incentive would they have to do that? Mr. Marcus. Congressman, actually this is not the way it will work, because we believe that the current members who will run nodes on the blockchain will likely continue to be represented, because in a transition to permission-less you would have delegation of voting, and the delegation will likely be done to the members that would actually have activity on top of the network. So we believe that it won't be as dramatic of a shift in governance than what has been portrayed. Mr. Budd. How can we be assured by you that this off-ramp to permission-less actually occurs? Mr. Marcus. Congressman, this is something that we would need to embed in the governance of the association, and we are currently working on finalizing the charter with the other members, and this charter and the set of rules, notably on AML, KYC, and others, will be made public. Mr. Budd. Okay. Thank you very much, and I yield back my remaining time. Chairwoman Waters. The gentlewoman from New York, Ms. Ocasio-Cortez, is recognized for 5 minutes. Ms. Ocasio-Cortez. Thank you so much, Madam Chairwoman. I am grateful that we are having this hearing today. Thank you, Mr. Marcus, for coming forward today to testify before our committee. I believe we are here today because Facebook, which is a publishing platform, an advertising network, a personal telecommunications network, a surveillance corporation, and a content distributor, now also wants to establish a currency and act, through its wallet, as, at minimum, a payment processor. Why should these activities be consolidated under one corporation? Mr. Marcus. Congresswoman, the one thing that we are focused on, really, is solving problems for the very people who are left behind right now, and we believe it is important because we have the ability to invest, and we have the products to deliver those services that will solve problems, the same way we have reduced costs for people to communicate on our messaging apps. Ms. Ocasio-Cortez. I see. Libra is, according to your White Paper, a unit of currency backed by a reserve governed by the Libra Association. Now, to economists, to Members of Congress, and to accountants, the term ``backed'' has a very specific meaning, and usually incorporates monetary policy, yet the Libra White Paper does not define ``backed.'' Rather, it states that Libra will be ``backed by government currency and government securities.'' So what does ``backed'' mean, in your sense? Mr. Marcus. Congresswoman, it means that it will have a reserve, one for one. For every unit of Libra, you will have the corresponding value in stable currencies. Ms. Ocasio-Cortez. Does this mean, as stated, that the Libra Association does not set monetary policy but it mints and burns coins in response to demand from authorized resellers. As it appears today, if there are more Canadian Libra users than U.S. users, will there be more Canadian dollars in the Libra reserve to meet potential redemptions? Mr. Marcus. No, Congresswoman. The way that the reserve basket will be determined will be stable and continue to be stable, and we will work with the G-7 working group to ensure that it has the proper-- Ms. Ocasio-Cortez. Thank you. And so this governance over the reserve is the Libra Association, correct? Mr. Marcus. Yes it is, Congresswoman. Ms. Ocasio-Cortez. And currently, the Libra Association is governed by Facebook, Uber, eBay, Spotify, Visa, Thrive Capital, Union Square Ventures, and a handful of nonprofits as well as some other partners, correct? Mr. Marcus. That is correct, yes. Ms. Ocasio-Cortez. Were they democratically elected? Mr. Marcus. No, Congresswoman, but we hope that we will have the proper regulatory oversight, because we agree with you that this should have the proper oversight to ensure proper-- Ms. Ocasio-Cortez. Who picked the founding members of this governance over the currency? Mr. Marcus. Congresswoman, the membership is open, based on certain criteria. The first 27 other companies that have joined are the companies that have shared that desire to come and build this network and solve problems. Ms. Ocasio-Cortez. I see. We are discussing a currency controlled by an un-democratically selected coalition of largely massive corporations. Do you believe currency is a public good? Mr. Marcus. Congresswoman, I believe that sovereign currencies should remain sovereign, and we do not want to challenge sovereign currencies. We just want to augment their capabilities in a way that they can be-- Ms. Ocasio-Cortez. But do you believe currency is a public good? Mr. Marcus. Congresswoman, I believe that sovereign currencies are sovereign, and as result they should continue to be sovereign-- Ms. Ocasio-Cortez. Do you believe Libra should be a public good? Mr. Marcus. Congresswoman, again, we will work with all of the regulators and address all concerns, and the regulators will determine-- Ms. Ocasio-Cortez. I will take that as a no? I should take that as a no? Mr. Marcus. It is not for me to decide, Congresswoman. Ms. Ocasio-Cortez. Okay. I will take that as a no. You stated yesterday, in front of the Senate Committee, that you would be open to accepting 100 percent of your pay in Libra. In the history of this country, there is a term for being paid in a corporate-controlled currency. Do you know what that term is? Mr. Marcus. I do not, Congresswoman. Ms. Ocasio-Cortez. It is called ``scrip.'' Are you familiar with ``scrip?'' Mr. Marcus. I am not, Congresswoman. Ms. Ocasio-Cortez. It's the idea that your pay could be controlled by a corporation instead of a sovereign government. Do you think that there is any risk here? From scrip to the issues with how Facebook handled our elections, we are seeing a destabilizing in our public goods. By facilitating instantaneous purchases to a digital wallet, Calibra and Libra, how could--my time has expired. Thank you very much. Chairwoman Waters. The gentleman from Tennessee, Mr. Kustoff, is recognized for 5 minutes. Mr. Kustoff. Thank you, Madam Chairwoman, for convening today's important hearing, and thank you, Mr. Marcus, for appearing today. You have been through 2 days now of questioning, both on the Senate side and now before our committee. And as I have sat here today, I have heard a number of comments, certainly those who appreciate the innovation that Facebook is trying to apply and those that don't want to stifle innovation, but certainly concerns from both sides of the aisle. And as I listen to the questions being asked today, and your responses, the graphics that have been shown periodically through the day of President Trump's tweets about what Facebook and Libra are trying to do and accomplish, and his concerns-- just a few minutes before this hearing, I did a local radio interview in my part of West Tennessee, and the radio host expressed very general concern about Facebook and Libra, which all boils down to this: How do you propose educating and talking to my constituents about the need for what you are trying to do and how it will benefit them? How do you explain it to them where they are not concerned and they are not scared? Mr. Marcus. Thank you, Congressman. The way that we are going to make sure that there is proper education in the Calibra Wallet is that it will be designed with education in the product experience itself. And so at every step of the way, consumers will understand what they are doing and what Libra can do for them. I do believe that it will help many people reduce costs, notably for sending money around the world, and we will be very clear in education on the Libra Association side. We will continue to have social impact partners that are focused on financial literacy, because all around the world it is really important to improve on financial literacy, to improve on financial inclusion itself. And as a result, we, at the Libra Association, will continue funding programs and let experts help on that front. Mr. Kustoff. Do you understand why consumers, and from my standpoint, constituents, are concerned and even maybe a little scared of your technology and what you are trying to do? Mr. Marcus. Congressman, absolutely, and this is why we will need to do this the right way. That has been my commitment and is my commitment, that we will take the time to get this right, including on education and communication to consumers. Mr. Kustoff. Mr. Marcus, a number of questions have been asked, most recently by Congressman Gotteheimer, about the decision to locate in Switzerland. You have heard that. I assume you heard those concerns yesterday. I assume you have heard those concerns for some period of time. I would just ask you directly: Why not have it located in the United States? Mr. Marcus. Congressman, I want to say that Switzerland has nothing to do about evading our responsibilities or oversight, but we do want the Libra digital currency to be accepted and recognized as a global unit of measure on the internet, and as a result, placing it, homing the association in Switzerland was the right choice because it is the home of many internationally recognized and trusted organizations. That being said, I believe that the vast majority of corporations, companies, startups, that will benefit from developing and building on the Libra network will be here in the United States and will create jobs here in the United States and will, of course, be subject to all U.S. law and regulation. Mr. Kustoff. Mr. Marcus, I can appreciate that, but isn't it important that Americans trust what you are trying to do, and wouldn't they more likely trust it if it were located in the United States and, in some way, lightly regulated by American authorities? Mr. Marcus. They probably would, Congressman, although they will have a relationship with American companies, and as a result they will have a trust, or not, of the different wallets that will operate. And that being said, the goal of the Libra digital currency is also to serve a lot of populations that are not in the U.S., and as a result, we felt that the choice of an international home for the Libra Association was the right decision. Mr. Kustoff. Last question: You understand why American consumers would be concerned that it is not located in the United States and instead located in Switzerland? Mr. Marcus. Congressman, I think as far as the consumers here in the U.S. are concerned, their funds, if they use an American wallet, will be here, not in Switzerland. Mr. Kustoff. Thank you. I yield back. Chairwoman Waters. The gentlelady from North Carolina, Ms. Adams, is recognized for 5 minutes. Ms. Adams. Thank you, Madam Chairwoman, and thank you for convening the hearing, and, Mr. Marcus, thank you for coming. Like many of my colleagues, I, too, have great concerns about Facebook's entry into the financial services industry. I have gained a little more insight today, but I do have some questions. I want to follow up on Ms. Ocasio-Cortez and ask you to explain a little bit more how a company becomes a member of the Libra Association. Can you just give me a brief answer? I have several questions I want to ask you. Mr. Marcus. Of course, Congresswoman. There are sets of criteria that have been established and that are public, and any company or organization meeting these criteria can actually join the association as a member. This is a process that is now being led by the Libra Association. Ms. Adams. Is the process public? Mr. Marcus. Yes, Congresswoman. Ms. Adams. Okay. So, can a wealthy individual investor become a member? Mr. Marcus. No, Congresswoman, because the criteria has different buckets, so it is either corporations that are active in delivering services or companies in the blockchain area, or-- Ms. Adams. Okay. Let me move on. So, consumers can't either? Mr. Marcus. Congresswoman, all consumers will be able to use Libra. Ms. Adams. That is not what I asked, though. Can consumers become members of the Libra Association? No, they cannot. Mr. Marcus. No, Congresswoman. Ms. Adams. All right. It costs at least, what, $10 million to become a member of the association? Mr. Marcus. Congresswoman, this is not a cost. Members will have to invest in the ecosystem to ensure that it is properly funded-- Ms. Adams. But that is an entry fee? Mr. Marcus. It is not a fee, Congresswoman. This is an investment in the ecosystem. Ms. Adams. Okay. Let me circle back on Mr. San Nicolas' line of questioning. Why would any of the companies in the Libra Association make a major investment like this in this payment tool? Mr. Marcus. Congresswoman, I believe in my conversations with all of them, they agree with us that the status quo is not working for too many people and that people deserve better. They deserve lower cost and they deserve a lower barrier of entry to digital money, and that is why they have joined. And then, of course, they have their own goals that are business goals because they believe that if lower cost-- Ms. Adams. Okay, let me reclaim my time, and move on then. As a free service, Facebook's business model relies primarily on advertising and its marketing platform to make a profit. In 2017, 90 percent of Facebook's $40 billion in revenue came from digital ads and users' data. And that is the core business model. Is that correct? Mr. Marcus. Of Facebook, the company, Congresswoman? Ms. Adams. Yes. Mr. Marcus. Yes, it is. Ms. Adams. Okay. So you expect us to believe that you are going to start collecting financial data and not share it because you promised not to do that? Mr. Marcus. Yes, Congresswoman, and as well because there will be many other wallets that we will have to compete with that are not active in social media or advertising, and as a result, we will have to make good on those commitments. Ms. Adams. Okay. What, if anything, has been learned from the Cambridge Analytica scandal that other data hacks that have occurred on Facebook's platform? What, if anything, have you learned? Mr. Marcus. Congresswoman, we have learned a lot, and we now have tighter controls on data. We have tighter controls on keeping data from people using our services safe. We have tighter controls on election integrity, and we have invested greatly in election integrity and ads transparency. Ms. Adams. I would be interested in what the steps are. When you say tighter control, can you give me an example? I have 45 seconds. Mr. Marcus. Congresswoman, yes. For instance, what happened with Cambridge Analytica, the way the platform was opened back then is not possible anymore on the Facebook platform today. Ms. Adams. Okay. How much has Facebook invested in the formation of Libra, Calibra, and the Libra investment token that will earn a share of interest? Mr. Marcus. Congresswoman, this investment has not happened yet. We are in the phase of ratifying the charter with other members of the association, and then members can decide how much they want to invest, and we will take part in that process like every other member. Ms. Adams. Thank you, sir. Madam Chairwoman, I yield back. Chairwoman Waters. The gentleman from Ohio, Mr. Gonzalez, is recognized for 5 minutes. Mr. Gonzalez of Ohio. Thank you, Madam Chairwoman, and thank you, Mr. Marcus, for being here. I am going to jump right in. I think what today's discussion is really about is trust and whether we can trust your company. I think you are pretty low on the trust spectrum currently, for very good reason. But essentially, what we are talking about on the association side, is the governing body of Libra, correct? Mr. Marcus. Yes, Congressman. Mr. Gonzalez of Ohio. Okay. And of the members today, how many did you hand-select? Mr. Marcus. I'm sorry? Mr. Gonzalez of Ohio. How many did you recruit? How many did Facebook recruit? Mr. Marcus. Congressman, we approached a wide range of companies. Mr. Gonzalez of Ohio. But how many did you approve of? One hundred percent of them? Mr. Marcus. Congressman, they met the criteria, and they had the willingness to participate. When we get to the 100-- Mr. Gonzalez of Ohio. But you got them, right? Mr. Marcus. --we will not be involved in the decision of who gets to join. Mr. Gonzalez of Ohio. Okay, but to date, you have recruited all of the members, correct? Mr. Marcus. Congressman, we have approached a number of companies. Those are the companies that-- Mr. Gonzalez of Ohio. I think the answer is yes, so we will keep going. First, you created the coding language. Most decisions to date have been made by your company. The claim has been Facebook will not have undue influence over the platform. We are all politicians in this room. I think if we could hand- select our voters, we would feel pretty comfortable about our ability to influence whatever decisions are made. So, I would suggest that that is not an accurate claim. Second, there is something glaringly missing from the group, which is everyday users. Why would you exclude users from having voting authority over the association? Mr. Marcus. Congressman, first, I do want to correct one fact, which is, yes, we have created an investment in all of the code up to this point, but now it is in the open-source community and available to be contributed. Mr. Gonzalez of Ohio. Great. Mr. Marcus. And to the consumers' question, because we believe that to meet our regulatory requirements across the association we need entities that are established, that know how to operate those types of programs that are trusted, but this is also why we believe that over time, it is important to have a transition to giving people more of a voice in-- Mr. Gonzalez of Ohio. I will talk about that in a second. Quickly, on the membership side, you have to be able to validate, and you need a $10 million investment. Can a Chinese state-owned enterprise get in? Mr. Marcus. Sorry, I could not-- Mr. Gonzalez of Ohio. Can a Chinese state-owned enterprise get into the membership? Mr. Marcus. Congressman, this is not my decision. It is the Libra Association's decision. But there is-- Mr. Gonzalez of Ohio. Which you have undue influence over. Mr. Marcus. There is a key principle, which is that if Libra is not accepted in a certain country or cannot be used, I believe that companies for said country should not be part of the-- Mr. Gonzalez of Ohio. So, the answer is maybe. Now, I want to talk about how you are actually going to transition. I wonder how you will actually do this, because the promise of a permission-less system is the decentralization. It seems like if you are fully decentralized, you would not actually need the Libra Association. Help me square those two. They seem to be in conflict. Mr. Marcus. You are right, Congressman, to raise this important point, and the way that we are thinking about this is that since Libra will always have to have a reserve, that it will be backed one to one, there will be some form of centralization in the management of the reserve because we will need the right oversight to ensure that it is managed appropriately to retain stability. And as a result, we believe that there will still be an association that will not only look after the key principles to operate the network within the bounds of regulation and ensuring that proper programs are around, but that does not mean that the governance and the voting has to be the same as today. And so I think we can achieve the balance of having more openness, and to me the key issue with a permission-less network is the ability to have nodes be more fungible and as a result ensure the integrity of the network over a long-- Mr. Gonzalez of Ohio. I actually think this is the hardest thing for you. I do not actually think it will occur. If I had to predict, I just do not think it will occur because they are just fundamentally in conflict. When you talk to crypto purists or blockchain purists, these things do not match. So I do not think it will happen. I think what we are most likely to see is a 100-member organization that you guys basically control, which, frankly, I love the innovation, but that scares me, if I am being honest. And then the last point on Calibra specifically, a quick question: Is it the only wallet that will be directly integrated to Facebook? Mr. Marcus. Congressman, it will be interoperable with other wallets. Mr. Gonzalez of Ohio. But directly integrated. Mr. Marcus. Calibra Wallet will be integrated in WhatsApp and Messenger, alongside other wallets for traditional fiat payments. Mr. Gonzalez of Ohio. And so as a fully controlled company of Facebook, a subsidiary of Facebook, the argument that you will not be sharing data across--I would imagine you share data between Facebook, the Big Blue App, Instagram, and Messenger. I would be shocked if you are not also sharing data at some point with Calibra and Facebook. I hear you: ``We promise we will do this.'' Back to what I said at the beginning, nobody trusts you right now. I yield back. Ms. Tlaib [presiding]. Thank you. The gentlewoman from Pennsylvania, Ms. Dean, is recognized for 5 minutes. Ms. Dean. Thank you, Madam Chairwoman. Mr. Marcus, thank you for being here before us, and what I would like to do is, with a focus on that notion of trust, number one, say that I was dismayed by your comments that you said we do not need to trust you--I think this was before the Senate--that we do not need to trust Facebook because there are 28 other partners, and eventually 99 other partners in the association. No, we do need to trust you. We absolutely need to trust you. Before we look forward to the possibility of Libra, why don't we look back and take a look at the record $5 billion recommended fine against Facebook. Could you be very specific, not euphemistic but very specific, as to the wrongdoing that generated a $5 billion recommended fine? Mr. Marcus. Congresswoman, first, I do agree absolutely that trust is essential and that Facebook should be trusted. What I meant in my comments is that even if you do not, you will not need to because Facebook will not have outside power or governance over the network. Ms. Dean. I wonder if maybe you would answer the other piece of my question, which was, it is tough to trust when the collection, storage, and misuse of information of your users generated a $5 billion recommended fine. Can you be specific? What have you learned? What has Facebook learned? What is the specific wrongdoing for which you are being fined? Mr. Marcus. Congresswoman, I cannot comment on the FTC investigation because it is not yet public, but what I can tell you is what we have learned. And what we have learned is that we cannot launch a service and then figure out how it can or cannot be misused. We have to take steps in order to ensure that what we launch is actually-- Ms. Dean. You cannot be more specific than that when the very thing you are putting before us today, a preformed association, is the exact same idea of what you just talked about, putting something forward without really testing it all first? Mr. Marcus. Congresswoman, nothing is launched and nothing will launch until all concerns are addressed. Ms. Dean. Again-- Mr. Marcus. I made that-- Ms. Dean. Again, Facebook has to learn some lessons, lessons that you can actually say in open testimony to the public as to the wrongdoing and the misuse of information. Please, assure us that Facebook has the ability to say so now. Mr. Marcus. Yes, Congresswoman, we have made mistakes, it is true. Ms. Dean. What are those mistakes, so that we can learn and make sure that you have learned? Mr. Marcus. We have made mistakes around how to best protect consumers' data and privacy. We have been working on getting better at that. Ms. Dean. Did you share consumers' data in unauthorized ways? Mr. Marcus. Congresswoman, there were a number of issues, and we made-- Ms. Dean. So, the answer is yes. Thank you. Mr. Marcus. --a number of mistakes, and we-- Ms. Dean. The answer is yes. In connection with that fine, consider this: The FTC's investigation was set off by a New York Times and Observer of London report which uncovered that Facebook, the social network, allowed Cambridge Analytica, a British consulting firm to the Trump campaign, to harvest personal information of its users. Do you find that incredibly troubling? Mr. Marcus. Yes, Congresswoman, but those things are not possible anymore on the Facebook platform. Ms. Dean. But they were possible and they took place. Mr. Marcus. Because we reacted too slowly, but this is not-- Ms. Dean. You allowed the harvesting of information for the Trump campaign. Is that correct? Mr. Marcus. Congresswoman, I do not have the details-- Ms. Dean. Thank you. It is apparent that the reporting shows so. Let us flip to the other side. I think before you move on to Libra, you ought to clean up the messes of the past and be very transparent. The opaqueness is not working. Let us talk about this. This is structured as a nonprofit, and yet we know that you are going to take dividends or interest and then distribute it out to the association members. Is that correct? Mr. Marcus. Congresswoman, yes, this is correct. Ms. Dean. Will that be dividends and income? Mr. Marcus. Congresswoman, for whatever streams of income the association will pay out and not keep because it is a nonprofit, it will not generate a profit for itself. It will pay appropriate taxes. And I do want to say that I completely agree with your statement that this process cannot be opaque. It has to be in the open. And this is exactly why we have shared our plan so openly-- Ms. Dean. And yet you had trouble being transparent about the past, so I do worry about the future. What is the projected income that will be generated, the interest that will be generated, say in the first year? Certainly, you have some timelines: a first year; a second year; a third year. What is the income you are anticipating for Facebook? Mr. Marcus. Congresswoman, we are not optimizing for that. What we are optimizing for-- Ms. Dean. I do not want to talk about optimizing. I want to talk really hard facts, numbers that people can dig into, because I do not think the simple example you gave of the young woman trying to send $200 and you guys are just on a mission to help her send money to her mother in a war-torn country really explains why you would want to get into this business. It has to be for profit? Where is the profit? Mr. Marcus. Congresswoman, we have done that for communications, for the very same woman you were describing. Now, she can communicate with her family for free using our products. It was not the case before those products were available. Ms. Dean. I will note-- Ms. Tlaib. Time is up. The gentleman from Indiana, Mr. Hollingsworth, is recognized for 5 minutes. Mr. Hollingsworth. Good afternoon, Mr. Marcus. I appreciate you being here and investing some time with us and talking about these things. I wondered if you might take a deep breath, and take a step back. This is something that you are clearly passionate about, something that you clearly believe in. I wonder if you might tell us kind of what that North Star is? I know you have said it many times here, but I wondered if you might say it again, kind of why are you so passionate about this? Who is this going to help and how is it going to make a difference to that person? Mr. Marcus. Thank you for that opportunity, Congressman. I am passionate about this because too many people are left behind, the costs are too high, and the very people who are left behind are the people who cannot afford to be left behind. So the less you have, the more you pay within our current financial system, and the more you need to depend on digital money and free or very low cost services to move your money around, the less access you have. And so we believe that advancing technology and building the ability for people with a simple $40 smartphone and a basic data plan to have access to digital money services would be a huge progress for many people who need it the most. Mr. Hollingsworth. All right. Certainly, the fields of Indiana are far from Silicon Valley, but that is exactly something that they can sympathize with, the feeling as though they are on the outside of the financial system or marginally hanging onto the financial system or that the costs of using the financial system are very high to them. That is something that I hear every day all the way across the district, and it is something that is really important to them. This committee, over a number of years, has done a lot of great work in trying to right-size some of the regulatory framework, trying to help participants get into the market, trying to enable and empower those Hoosiers, who are Americans, and those around the world that you mentioned as well. If the architecture of this is to be a transaction-oriented platform, tell me a little bit about how that differs from a cryptocurrency? Because this is really a digital currency versus a cryptocurrency, and the architecture is very different, and I wanted to talk about that for a second. Mr. Marcus. Congressman, there are two parts that are different. Mr. Hollingsworth. Yes. Mr. Marcus. The first one is really the digital currency itself because it is backed one for one with a very stable reserve that will confer stability to the digital currency. Mr. Hollingsworth. When you pay something, you know what the value is that you are paying, and all the stories about cryptocurrencies--gosh, I paid for my pizza with this, and I could be a billionaire today if only it were worth that then, right? So, it's designed for stability in the system to ease transaction flow? Mr. Marcus. Correct. This is one. And, two, the way that the technology has been built and the blockchain has been designed, it has been designed for speed and scale so that it can meet the demands of the large community that we hope to serve one day. Mr. Hollingsworth. Right, but the fundamental difference in the architecture--and, again, I will not purport to be a technology expert--is that this is not a permission-less system, right, in the sense that it is peer-to-peer? This will go through a central clearinghouse that says XYZ individual owns Libra because they are in this register. They can access it, but you have to be a permissioned corporation to access it or a permissioned member to access that database. Is that right? Mr. Marcus. It is partially right, Congressman. The blockchain is a permissioned but open blockchain, and as a result, you do not need to be a member to be able to build services or products on top of the blockchain. Mr. Hollingsworth. Truth. Right. To build services on top of, but you cannot go in and make changes to the ledger itself, right? That requires permission? Mr. Marcus. Congressman, there is no central body that actually decides what can be added to the blockchain. The way that the consensus algorithm that is used works is that a transaction is proposed, and then as long as two-thirds of the nodes approve of that transaction being added to the ledger, it is added to the ledger. Mr. Hollingsworth. Right, right, which is different, though, than a pure peer-to-peer technology, right? Mr. Marcus. That is correct, Congressman, because it uses a consensus algorithm. Mr. Hollingsworth. And I guess what I am getting to is this is a different type of asset/currency that looks and feels a lot more like a currency and should be regulated more like a currency, right? As though it is a transacting business, where there is a central place at which we can do AML work? We can do other pieces. That is very different than a cryptocurrency and I guess maybe haphazardly or maybe in a C-minus way I am trying to draw that distinction so that individuals understand that this is different than a pure peer-to-peer network that has no ability to do that by virtue of its design. But the architecture that you have thoughtfully proposed here--not put in place but thoughtfully proposed--has that central piece where we can do that very work. Because the goal of AML is to deny access to the financial system by nefarious actors, right? We have the ability to do that here, that we would not otherwise have the ability to do in a pure peer-to-peer architecture. Is that true or untrue? Mr. Marcus. Congressman, yes, and that is why we took the permissioned approach to start with so that we can have trusted parties run nodes to start. Mr. Hollingsworth. And I sincerely appreciate how that architecture reflects the North Star that you first-- Ms. Tlaib. The gentleman's time has expired. Mr. Hollingsworth. --started talking about. Thank you, Mr. Marcus. Ms. Tlaib. The gentleman from Illinois, Mr. Garcia, is recognized for 5 minutes. Mr. Garcia of Illinois. Thank you, Madam Chairwoman. Thank you for being here this morning, or this afternoon now, Mr. Marcus. Following up on some of the previous questions, what is in it for partners if not to entrench Facebook or their own market power by participating in this coalition that you have assembled? Mr. Marcus. Congressman, thank you for your question. The different members have different roles that they will play on top of the Libra network, and it will benefit their core business. So, for instance, when you think about the network companies like Visa and Mastercard, they will play a role of enabling that Libra is accepted at their merchants, and as a result will have a business opportunity to do so. When you think about the companies like Uber and Lyft, they will be able to not only reduce costs for accepting payments, but also a number of their drivers, when they get paid, send money back home, and they could build services around this at a lower cost for them. Mr. Garcia of Illinois. Okay, so it is all benevolence. Mr. Marcus. No, it is not, Congressman. Mr. Garcia of Illinois. Let me change gears briefly. Hawaii's Senator Brian Schatz has noted, in a private conversation he has had with some of the 27 members of the Libra Association--and the Association includes companies like Uber, Mastercard, and Visa as well as some nonprofits like Facebook and Mercy Corps--that Facebook has portrayed the Libra Association as a collective as if Facebook is just one of many voices in this venture. But as Senator Schatz revealed, Facebook's voice is more like the godfather's voice in the family. It is true that it is just one voice among many, but it is also the only voice that matters. Here is what Senator Schatz said: ``Members of the consortium actually have lots of questions, too, similar to the questions that are being offered on this dais. And they have great reservations about moving forward, but they do not want to be left out because of Facebook's market power.'' Facebook's history with partners has added to their caution. The game maker Zynga, for example, faced a dramatic loss of revenue after Facebook backed away from a close relationship with the company. Facebook also strained relationships with many publishers last year when it changed the algorithms behind its newsfeed to de-emphasize news stories. My question is: Are they participating because they are afraid of Facebook and they might as well be friends with Facebook? Mr. Marcus. No, Congressman, and I want to fully own the fact that we are in a leadership position now, but we will not be in that same position by the time the network launches. And the existing 27 other companies and the number of other companies, the long list of other organizations all around the world that are applying to join the association just want to join because they believe that together we can build a better system for people. Mr. Garcia of Illinois. And a better world, I suppose. A quick question. What content will Facebook harvest when a user transacts with Libra? Will it be just the transaction data? Mr. Marcus. Congressman, yes, so on the Calibra Wallet, we, of course, will need to authenticate consumers before they can open an account. But there will be no other data than the actual transaction data that is needed to serve the purpose of the wallet. Mr. Garcia of Illinois. What other data will Facebook monetize apart from the transaction data? Mr. Marcus. Congressman, we will not monetize transactional or account data nor share it even with Facebook itself. Mr. Garcia of Illinois. Okay. We have learned that Facebook has repeatedly allowed third-party users access to data without Facebook users' consent. Now Facebook promises that its Calibra subsidiary will not share data with Facebook. How can we be sure that this policy will not change in the future? And what would enshrine this promise that you have made? Mr. Marcus. Congressman, it is a very fair question, and I understand that people have concerns, and commitments have been made, and here there is one thing that will be very different, which is that if we fail to earn people's trust and fail to deliver on our commitments, then they will not use the Calibra Wallet. We will have portability built in, and we will have the ability for anyone to use any of the many wallets that will be available that will all be interoperable. And if we do not make good on commitments and if we do not earn people's trust by making good on these commitments for very long periods of time, we cannot actually win. And we do want the Calibra Wallet to be successful, and as a result, we will have to make good on these commitments. Mr. Garcia of Illinois. Thank you. I yield back, Madam Chairwoman. Ms. Tlaib. The gentleman from Virginia, Mr. Riggleman, is recognized for 5 minutes. Mr. Riggleman. Thank you, Madam Chairwoman, and thank you for being here, Mr. Marcus. One more time, since you can see I am usually close to last in these proceedings, what is your title one more time as we go forward? Mr. Marcus. My title is, I am the head of Calibra at Facebook. Mr. Riggleman. Head of Calibra at Facebook. I have some questions, and we are going to get right into it, because we have had enough getting going on here. My first question is: After a White Paper, there is usually an implementation plan. Do you foresee all of your partners being involved with the implementation plan for Libra or for Calibra? And once in place, can we as partners in the U.S. Government look at the regulatory side of this as we go forward? Mr. Marcus. Congressman, yes, this is my commitment that we will not go forward until we have addressed all concerns and met the regulatory bar and oversight bar that is needed for this network to operate the right way. Mr. Riggleman. Yes, sir, and you might have answered this, but are the partners right now involved in the open-source development of Libra and its applications? Mr. Marcus. Congressman, some of them are stepping up and are actually starting to be involved in the development, and I expect that since we just open-sourced the code base about 4 weeks ago, we will have a lot of outside contributions going forward. Mr. Riggleman. That was my surprise, so I took a little bit of a look at Libra Core, the JavaScript front end, it actually accesses the back end, which is Rust. It helps with the actual transactions. And I know it is very, very new, but what surprised me was it looked like there is already an international flavor to it. I think Rust is 37 people in San Francisco, so I went ahead and did a GitHub search on who is actually leading the development on the Libra Core side, and it looks like--I think it is going to be international because it looks like a native Nigerian is actually building the actual Libra Code in front of the code development of Libra Core. When I look at things from an intelligence background, I wonder, is this going to be international? Are there going to be scalability issues? Because when you look at the number of transactions that you are doing right now, but I was really surprised by the Rust language as it was in the background. My first question is: Why was the Rust language chosen as the implementation language for Libra? And do you believe right now from what you have seen, that it is mature enough to handle the issues and the security challenges that will really affect these large cryptocurrency transactions? Mr. Marcus. Congressman, excellent question on the security of the code and who can commit to the code, and the Libra Association will own the repository for the code, and as a result, while there are many flavors and branches being developed by third parties, only safe, verified code will actually be committed to the actual Libra Core base that is going to be under the governance of the Libra Association. Mr. Riggleman. And that is what I really am hoping, because right now--and when I was looking at the nightly build releases, it looks like Libra was built on nightly builds of the Rust programming language. And it is a little interesting because that is not how we usually did releases in the DOD, and I was wondering what features of Rust are only available in the nightly builds, and this is something you can get back to me on. What features are only available in the nightly builds that are not in the official releases of Rust? And does Facebook see that as a concern that they are depending on unofficially released features of the Rust program language? In other words, do you see right now why the nightly releases and do you see this as just a function of the prototyping phase of this? Mr. Marcus. Congressman, I do not have all the answers to your very technical questions, but I commit that we will get back to you with more details on your question once my technical team can get back to you. Mr. Riggleman. And, really, some of this is not just based on technical questions but the international applicability of Libra. For instance, we just had 8 members of the major banks sitting here, and their issue was information sharing based on laws that we have in place right now and the confusion over sharing that data with foreign subsidiaries. And I will link into this: If we already have those laws on the books, and if we are looking at CFT, if we are looking at AML, based on my background that is some of the things that concern me. And also with scalability, you are looking at large transactions and blocks, I think, that maybe have never been done before, and you can probably agree that is why we need the White Paper and the open-source development. But when you are looking at the issues that you have for regulatory, especially for AML, I think the problem for me is we have to look at this as an international problem because I think eventually you are going to have international wallets. I think wallets will be built around the world, and I think that is something that we are going towards, and that is why the scalability question, who is actually doing this, who is partnering, and this is very concerning to me. And it is really easy to access these individuals on GitHub and to see that somebody from Lagos, Nigeria, is the main code writer for one of these instances is something that concerns me, just based on my background. Mr. Marcus. Those are absolutely fair concerns, Congressman, but, again, I want to stress that the Libra Association as a governance body will actually validate committers to the code and will make sure to be very thoughtful about who can commit to the code. And I would be happy to follow up with your office on-- Mr. Riggleman. And at the end, I think many Members, bipartisan-wise, would love to see an implementation plan built on top of the White Paper. Thank you, sir. Mr. Marcus. Thank you, Congressman. Ms. Tlaib. The gentlewoman from Texas, Ms. Garcia, is recognized for 5 minutes. Ms. Garcia of Texas. Thank you, Madam Chairwoman, and thank you, sir, for being here. I know it has been a long day, and I think the end is almost in sight. But I must tell you I have some real concerns about your premise that you are really doing this to help the unbanked. For me, it just seems that although you have said in a Washington Post article that this will enable anyone who has a $40 smartphone and a basic data plan to have access to a digital form of money--I do not know about you, but my smartphone costs a lot more than $40, and my data plan costs maybe that or more. How is this really going to work for the unbanked? The unbanked, to me, are like the people in my district, a working- class district in Houston, who really are money-order or paycheck-to-paycheck, cash-only consumers. How is that really going to help them? How are they going to really have access to something like this and be able to negotiate what I think could be a very complex system? Mr. Marcus. Congresswoman, thank you for your question. The reason in America that people remain on the fringes of the system is because the costs are too high, and-- Ms. Garcia of Texas. But the cost of the phones and data plans are also high. Are you going to work with your Facebook foundation to provide more connectivity for people around those areas who do not have access to mobile plans? Mr. Marcus. Congresswoman, the focus of Calibra is really on the financial side and enabling people to have digital money. But the costs of smartphones and data plans are coming down as a result of competition in-- Ms. Garcia of Texas. But why would they need digital money? They can get that $20 bill that my colleague was showing off at the other end? Mr. Marcus. I'm sorry. I could not hear you. Ms. Garcia of Texas. I said, why would they want digital money if they can get the green dollars? Mr. Marcus. Congresswoman, they would because probably they need to send a portion of that money to someone in another country or on the other side of the country, and the ability for them to access these-- Ms. Garcia of Texas. Let us go to that example that you used, $200 that somebody wants to send, and I think you said it would be, I forget, did you say-- Mr. Marcus. $14. Ms. Garcia of Texas. $14? I guess you are talking about either a money order or some sort of wire transfer? Mr. Marcus. Cross-border remittance or payment. Ms. Garcia of Texas. They can do that fairly quickly, and they can do it without any advertisement. They can do it without any other charges. So the consumer is the decider of what is going to happen, right? Like with you, how do you see the person who is utilizing this? Are they a customer? Are they a consumer? How will you treat this? And are you just frankly using that person to be able to sell another ad and do something for your company? Mr. Marcus. No, we are not, Congresswoman, and I do want to stress that not only the current system is expensive, but it is extremely slow. Cross-border payments take on average 3 days-- Ms. Garcia of Texas. I think you have already said that, but I am talking about in terms of costs. I sit here and I frankly cannot believe that you are not going to charge anybody for anything. You are not a charity, right? Mr. Marcus. No, Congresswoman, and I can explain-- Ms. Garcia of Texas. You are not a charity. How much money have you all already invested in this project? I think an article I read said you have been in this for a couple of years. How much have you all spent already? Mr. Marcus. Congresswoman, quite a bit of resources, but I can explain what-- Ms. Garcia of Texas. How much have you-- Mr. Marcus. --the upside is for Facebook. Ms. Garcia of Texas. How much have you spent? Mr. Marcus. I do not know the exact number but-- Ms. Garcia of Texas. $20 million, $30 million, $40 million, $100 million? Mr. Marcus. We have invested what is required, and I think that is why it is a good-- Ms. Garcia of Texas. So you are not going to tell me how much you invested, but you are trying to convince me that there is not going to be a time that you are going to want to recoup that investment? Mr. Marcus. Yes, we will, Congresswoman, and-- Ms. Garcia of Texas. And how will you do that without charging people, charging for ads, or charging the person who, in my view, you are using for your agenda to get--I do not even know what to call what you all do. It sounds almost like something straight out of a Dan Brown novel: ``We belong to the Libra. We get to decide.'' Mr. Marcus. Congresswoman, if I may answer your question, I-- Ms. Garcia of Texas. I want you to be more transparent. Mr. Marcus. I want to be more transparent, and I want to tell you what is in it for Facebook, if you give me 1 minute. Ms. Garcia of Texas. Well, you have 20 seconds. That is all I have. Mr. Marcus. Okay. I will do it in 20 seconds. There are two things that we will benefit from at Facebook. One is we have 90 million small businesses and a lot of users who will have the ability to transact with one another and they currently cannot transact with one another. And once that happens, that means more commerce-- Ms. Garcia of Texas. But see, again, that is something they can do with a credit card--there are so many other ways that they can do that. Mr. Marcus. They cannot in a number of regions because they do not have access to those services. Ms. Garcia of Texas. Regrettably, I have lost my time, but hopefully-- Ms. Tlaib. Time has expired. Ms. Garcia of Texas. --you or someone from your group can-- Ms. Tlaib. The gentleman from Tennessee, Mr. Rose, is recognized for 5 minutes. Mr. Rose. I want to thank Chairwoman Waters and Ranking Member McHenry for holding this important hearing, and, Mr. Marcus, if you want to finish the answer you were in the midst of right there, I would appreciate hearing that answer. You might just start over, actually. Mr. Marcus. Thank you for the opportunity, Congressman. The two ways that Facebook will make money off the Libra network is, number one, the ability for the 90 million businesses and the billions of users who are currently on our various products to transact with one another. And if they can suddenly transact with one another--some of those businesses cannot even accept digital payments today, so the idea that there is more commerce on the platform will actually drive those small businesses to expand, and as they expand, they will buy more ads on the Facebook platform, and that will be an indirect way for Facebook to benefit. The second way that we will benefit is that over time, if we earn people's trust and they use the Calibra Wallet, we will offer a range of services, lower-cost access to capital and others, in partnerships with banks and financial institutions, and this will be another source of revenue for the company that is completely de-correlated from ads, but that is in many areas. Those are the two ways that Facebook will benefit from the Libra network being a success. Mr. Rose. Okay. Thank you. One of my general thoughts surrounding blockchain space comes down to a simple dichotomy: either the crypto-tokenization blockchain space will be a valuable innovation in the long term; or it is not a particularly valuable innovation. If the former is true, then it is important that the U.S. creates as certain a regulatory environment or regime as possible. By creating regulatory certainty, the value of the growth in this space can be captured here in the United States, whether that value be in job creation or the creation of intellectual property or other benefits. If the latter is true, and this is not a particularly valuable innovation, then any discussion may not bear fruit, but it is ultimately no harm, no foul. However, the truth of the matter is that whatever one's feelings are on the Libra Project or any other blockchain- related efforts, currently there does not seem to be an adequate regulatory structure to ensure that innovation can flourish while consumers are still protected. That is why I am a cosponsor of the Token Taxonomy Act. There are still many questions to answer in this space, but the goal of the Token Taxonomy Act is one that is quite laudable. Not all blockchains are created equal, and we as a committee and a Congress should discuss the nuances of distributed ledgers versus blockchains, permission versus permission-less blockchains, and utility tokens like Filecoin versus cryptocurrencies like Bitcoin. The Token Taxonomy Act is a good first step in that it aims to codify a regime for tokens that do not fit well into our current securities law framework. Mr. Marcus, was it a coincidence that the Libra Association decided to headquarter in Switzerland, when Switzerland has previously outlined clear regulatory guidelines for the industry? Mr. Marcus. Regulatory clarity in Switzerland was just one of the components, but, yes, it was factored in the decision. Mr. Rose. Libra strikes me as being very similar to a currency ETF both in that its value is derived from a basket of currencies and the way the basket is managed seems to operate much like an ETF. If this is true, perhaps it should be regulated by the SEC. Perhaps this is a mischaracterization. The point is that we need to carefully study the mechanisms of any new innovation in this field to understand how they should be regulated. Leveraging existing regulatory agencies like the CFTC, the SEC, and State agencies makes sense, but it is our job here in Congress to write laws that make it very clear who will be the ultimate regulator of a potential product. It is Congress' job to give the SEC clear rules that they can interpret and apply. The SEC is doing its best, but they are stuck applying a litany of very old rules to 21st Century technology. We need to help them succeed by providing some updated guidance. That is the only way we are going to ensure that any development in this space is safe and sound and occurs right here in the most innovative economy in the world. With that, I yield back the balance of my time. Ms. Tlaib. Thank you. Without objection, I would like to enter into the record the following materials: a letter from the Electronic Privacy Information Center, EPIC; ``Diversity in Blockchain's Initial Review of Facebook's Project Libra; a letter from the Independent Community Bankers of America; a letter from Americans for Financial Reform Education Fund; a New York times op-ed written by Chris Hughes, the co-founder of Facebook, entitled, ``It is time to break up Facebook''; and another op- ed by the same person in the Financial Times entitled, ``Facebook Co-founder, Libra coin would shift power into the wrong hands.'' Without objection, it is so ordered. Ms. Tlaib. With that, I would like to recognize myself for 5 minutes. Thank you, Mr. Marcus, for joining us. A lot of people have been using the word ``innovation.'' That is a bit misleading. I think what this is really about is making more money, owning people's information, owning their identification, owning their person, all of which very much is interconnected with the livelihood of the residents we represent. Mr. Marcus, who picked the first 28 corporations of the Libra Association? Mr. Marcus. Congresswoman, the original 28 members are a result of a wide outreach, and those are the first out of 100. Facebook will not be in a position to pick and choose the next members and will not be involved in the process. This is a process that is actually now driven and solely in the hands of the Libra Association. Ms. Tlaib. Thank you, Mr. Marcus. So, Marc Andreessen sits on the board of Facebook. Mark Zuckerberg, the CEO of Facebook, sits on the board of Breakthrough Initiatives. Peter Thiel is the founder of PayPal and is on the board of Facebook. Ben Horowitz is the founder of Anderson Horowitz and on the board of Lyft. Just looking at that, simply looking at the small sample of individuals, there appears to be multiple close relationships on Facebook's board and across the Libra Association members. Recently, Forbes asked the following question: Is Facebook forming a crypto mafia as the Libra Foundation members boost each other's business? One example they provided is that Anchorage, one of Libra Association's founding members, raised funding from Visa, which is also a Libra Association founding member. You do not think that creates a power imbalance for a small group of people to manage a high percentage of the world's transactions? Are you worried about undue influence? Mr. Marcus. Congresswoman, I appreciate your question. I can assure you that the participants up to this point are participants that have joined because they can add value on the network and provide services that are relevant to the people we serve-- Ms. Tlaib. I am sure they are valuable, Mr. Marcus. No one, I think, would oppose that they are valuable. But each of the Libra Association companies have investors or shareholders to answer to, so how do you see them serving two masters in a competing payments world? Mr. Marcus. Congresswoman, we hope that the Libra network is just a network and that every single company will be able to build services on top of the network the same way that companies build services on top of the Internet, and as a result, we believe that conflicts will be limited by that, and the fact that, 100 members by the time we launch. Ms. Tlaib. Yes. Mr. Marcus. But we hope that we will have many more, and, again-- Ms. Tlaib. So can a member of the Libra Association, the group of friends, be voted out by Libra users? Mr. Marcus. Congresswoman, no, this is not currently contemplated. But the way that the governance will evolve will allow for that in the future. Ms. Tlaib. Mr. Marcus--and this is important--the banked and the founding members have a choice to protect their data, but will the unbanked and underbanked have to trade their data and privacy to transact? Mr. Marcus. They will not, Congresswoman. Ms. Tlaib. How is that possible? Mr. Marcus. Because this is a payments network and a payments service, Congresswoman, and consumers will have choices. And if they want to use a wallet that is solely in the business of payments and not in the business of advertising at all, they will have the choice. Ms. Tlaib. One of the barriers for the unbanked community, as you probably know, is access to an ID. So if the same Know- Your-Customer/anti-money-laundering restrictions exist here for the Libra network and wallet, how will this serve the unbanked now? Mr. Marcus. Congresswoman, this is a very important question, the problem of identification for financial inclusion, and this is something that we are actively working on with a number of outside NGOs and others to find the best approach. But there are a number of people who have the ability to identify themselves and who are left behind today, and we can serve them today. Ms. Tlaib. The public manages large cryptocurrencies such as Bitcoin, as you probably heard. However, with the Libra, each founding member had to pay a minimum of $10 million to join and become a validator, whatever, node operator, thus each founding member gaining one vote in the Libra Association council. How does the Libra Association reflect the diverse population you are trying to reach, including the underbanked and unbanked? Mr. Marcus. This is a really important question, Congresswoman, and the way that we plan to arrive to the right level of diversity and representation is by being very thoughtful at the Libra Association as we add more members towards the goal of 100 or more members by the time the network launches. Ms. Tlaib. Thank you, Mr. Marcus. I now recognize the gentleman from Wisconsin, Mr. Steil, for 5 minutes. Mr. Steil. Thank you. Mr. Marcus, I appreciate you being here. I have been listening to today's testimony. I appreciate you guys innovating, bringing forward a White Paper, having this discussion about how to properly regulate what is a new idea. I think some of the conversation today has drifted a bit, where people are coming after you as if you launched this product, and now we are upset that you did that without the regulatory framework in place. I commend you for the fact that you brought forward a White Paper. You are discussing the idea. We are having the conversation today so we can be ready tomorrow if you choose to move forward with this. In particular, in listening to the discussion today, I think it is clear that Libra exhibits characteristics of many different things for which we have a regulatory construct. We discussed whether Libra should be viewed as a currency, as a security, an ETC, a money market fund, et cetera. And whatever concrete institution ultimately emerges from this first draft of the White Paper, I think you have stated you do not dispute the fact that at some level it is going to be regulated and you are open to that. You also signaled that there are deficiencies in the U.S. regulatory approach, and that was part of the decision-making process to locate the Libra Association in Switzerland and not in the United States or in Silicon Valley and under a more clear U.S. jurisdiction. And for me, if America does not lead in the digital world, others will. And I am concerned about the values that some of these others might bring to the table where I feel confident in the values that the United States regulatory approach will bring. And so can I ask you the question how, not if, because I think we have answered that, that it should be regulated, but how should we regulate Libra, Calibra, the Libra Association, to be thoughtful about this in the context of policymakers? Mr. Marcus. Congressman, thank you for the question. There is one important point, which is that the clarity of regulation was definitely one of the factors for Switzerland, but one out of many. Mr. Steil. Sure. Mr. Marcus. I do think that we would have had the ability from a regulatory framework to do that in the United States, but it is less clear, to your point, what the framework would be. That being said, as far as the Calibra Wallet is concerned, it is very clear. We are registered as a money services business with FinCEN and with Treasury. We have State licenses that we are obtaining and continuing to obtain, and so there is total clarity there. And I believe that where we need more clarity is really around the Libra Association and how the reserve is managed. And even for that point, there is just no clear regulation right now, even in Switzerland or elsewhere. And this is why the engagement that we are having with the G-7 working group, the Financial Stability Board, and others, the conversation that we are having we hope will result in some form of oversight, especially over the reserve, because this is something that a lot of people have concerns about. I have concerns about ensuring that commitment is bound by law when it comes to the reserve. And that is the commitment we are making, that we will take the time to find-- Mr. Steil. I appreciate that, and the reason I am digging in on the regulatory approach is from a policymaker perspective, the area that I can have the most influence on is that regulatory framework. We have noted a couple of times, I think, in your testimony, that you do not look to be regulated as a security by the SEC. Can I ask, is there anything specific as it relates to securities laws that concerns you if you fell under the regulation of the Howey Test in our SEC regulation that we should be looking at today to be prepared for tomorrow? Mr. Marcus. Congressman, I do not believe we are a security because we are not-- Mr. Steil. Not whether or not you are, but remove that because I think that will be debated for days and months to come. But is there anything in the securities law that gives you pause, that makes you not want to fall under the Howey Test? Mr. Marcus. Certainly, because as far as Libra is concerned it is a payment tool, and we want it to be accessible to everyone. This is not going to be an investment, and if it was not available to everyone, then it would not be able to deliver on its mission. Mr. Steil. I think that note is helpful about how our securities law limits people's access into some of the investment products that we have in the United States, and it will have a significant impact into the product that you are looking to deliver. I want to shift gears slightly. One of the areas in reading the White Paper and some of the commentary that is out there, I think there may be a real role in countries with unstable currencies. And as you look at the global perspective, shifting away from the United States for a moment--I appreciate your time today. I will follow up with you on the topic, and I yield back. Ms. Tlaib. The gentleman from Massachusetts, Mr. Lynch, is recognized for 5 minutes. Mr. Lynch. Thank you. I am not trying to get in the way of your job, but I do want to say, and I know the gentleman from Wisconsin is new, but I would respectfully remind him that that is exactly what Facebook did when they came in without a regulatory framework, without even a White Paper. That is how they operate. The mantra for Facebook was, ``Move fast and break things.'' That was their mantra when they got into business. Mr. Steil. Will the gentleman yield for a moment? Mr. Lynch. No. I have limited time here. I would add that they also have taken an approach to business that, rather than ask permission, they just apologize later, and that is what they have done over and over and over again with the personal data of their customers. Their business model--and thank you for coming--is to really use an adhesion contract, 18 pages, that basically authorizes Facebook to vacuum up the behavioral surplus, all of the information about their users, and then they sell it or they deploy it on behalf of their advertisers. That is the model that you have. And I am just worried that you are going to use the same model for Calibra. What is the terms-of-service agreement going to look like here? Is it going to be, you click, ``I agree,'' and then all of your rights are gone? Because that is the model you have with Facebook, right? Mr. Marcus. Congressman, if you will give me the opportunity, I do want to talk about-- Mr. Lynch. Well, really quickly. You have to-- Mr. Marcus. Thank you. Mr. Lynch. We only have so much time here. Mr. Marcus. First, I do want to defend the advertising business model that Facebook has. It enables people-- Mr. Lynch. No, no. I am asking about Calibra. I am asking about what are you going to do, what is the terms of service agreement going to look like? Is this going to be another adhesion contract? Mr. Marcus. No, Congressman, and we will not share data, financial data and account data, even with Facebook itself, Congressman. Mr. Lynch. Okay. You have not had a good record on that. Let me ask you a couple of questions. According to ProPublica, you have about 52,000 data points on every one of your regular users on Facebook. Is that right? Mr. Marcus. I do not have the exact answer to that question. Mr. Lynch. That is what they have. I think they are right. We feel that the ability of this to scale is really where the dangers come in. You have 2.7 billion customers. When you come in, if this scales--and it is designed to scale, right?-- we are worried that, and not just us in Congress but Jay Powell over at the Fed, and Treasury Secretary Mnuchin, are concerned about the impact it would have on monetary policy and the strength of the dollar. Is this something that could be tested in a sandbox environment, in a smaller environment where we do not have to worry about those scaling problems affecting the economy more broadly or the strength of the U.S. dollar? Mr. Marcus. Congressman, the first point I would like to make is that we will-- Mr. Lynch. Would you commit to doing this in a sandbox environment so that we do not have to worry about the regulatory issues and the privacy issues? We would have a chance to look at your product, and it is a product. You get a token here. That way we would be able to answer some of the regulatory questions. Are you willing to commit to that? Mr. Marcus. Congressman, I commit that we will take the time to address all concerns and to ensure that we do this the right-- Mr. Lynch. In a sandbox environment. Mr. Marcus. Congressman, I do not want to get into the specifics now about-- Mr. Lynch. Well, that is what I am asking you for. Mr. Marcus. But my commitment to you is that we will take the time, we will not move fast on this. Mr. Lynch. The commitment that you are going to take your time is, first of all, not the way you have operated in the past, and it is meaningless. It is meaningless. If I tell you I am going to take my time, what is that? What is that? Mr. Marcus. Congressman-- Mr. Lynch. That is just an indication of pace. It does not mean you are going to do anything different than we want you to do. And I would just be--it looks to me like you are going to, right from day one you are going to be a systemically important financial institution, and so you should be ready for that regulation coming at you on day one, the way you are operating right now, the lack of transparency. Let me ask you, Facebook has not done privacy very well. Would you commit to accepting a fiduciary duty on behalf of the private-- Ms. Tlaib. The gentleman's time has expired. Mr. Lynch. Okay. Thank you. I thank the Chair. Ms. Tlaib. The gentleman from Minnesota, Mr. Emmer, is recognized for 5 minutes. Mr. Emmer. Thank you, Madam Chairwoman. Mr. Marcus, I have heard some incredibly uninformed comments from Members of Congress today and yesterday. As I am sure you are aware, Bitcoin is now 10 years old and now suddenly, magically, Congress is responding. In other words, after more than a decade, Congress has apparently started to care. I am glad that after all these years, Congress has finally decided to pay attention to the technology that could again, just like the Internet, upend the way we do everything in our lives. Unfortunately, some people want to unnecessarily restrict it or even ban it. They fear change. Nothing has been more clear on this committee than the blind aversion to change that some of our Members have constantly espoused, even when it was not required, or even the subject of the hearing. I am amazed at how easily Representatives from California are so willing to suppress the innovation occurring in their own State and, as much as they would like to be a separate country, the benefits those innovations could have for these United States. I do not want to be partisan. This is not a partisan technology. In fact, Representative Bill Foster, a co- Chair of the Blockchain Caucus like myself, has been a long- time champion and advocate for these innovations. It has never been a cornerstone of my grandfather's Democratic Party to oppose innovation. Chairwoman Waters was, in fact, correct when she began this hearing that merely learning more about and understanding Libra does not have to include opposing it. I hope that will be the same approach to understanding the breadth and depth of cryptocurrency which Libra does not represent, but thankfully amplifies our discussion of that topic. Unfortunately, Mr. Marcus, you and your company have decided to approach this undertaking with as equal a level of ignorance and misunderstanding as those who wish to quell any new developments in cryptocurrency. I am afraid you have failed to realize that there is much to do in Washington in terms of educating both Members of Congress and regulators on the benefits of this technology. I hope someone whose opinion you value conveys to you how wrong you have been operating. People have concerns with the amount of data you have on them, and now you want to be their money, too. I hope members of this committee investigate the fact that, ``The people already have options separate from your central control.'' My colleagues are incredibly fearful of the money laundering and criminal activity in cryptocurrencies, but the dollar in all fiat-backed currencies have been proven to be the largest means of illicit behavior and money laundering. This does not mean we need to suppress individual freedom. Individuals insistent on the exclusion of middlemen and the freedom of the individual will continue to create open networks separate from central control. Unfortunately, Libra is not designed to minimize middlemen. It, in fact, relies on them. At the end of the day, Libra presents an incredible opportunity to define what it is not. It presents an incredible opportunity for everyone on this committee to learn more about actual cryptocurrencies. The committee has already sent out a press release that this is only our first step in regulation of oversight of Libra. A lot has been said about the concern that the payment systems are unregulated. However, payment systems like the one you propose are already subject to regulation by a number of agencies. I think it is important that my colleagues have a full understanding of the law as it currently exists so that we may make better decisions here. Treasury, as demonstrated by Secretary Mnuchin on Monday, regulates payment systems for anti-money-laundering compliance. The FTC regulates them for fraud. Each State regulates them for consumer protection, among other things. New York has its own specific regime and so forth. This regulatory landscape applies to payment systems like Libra and is different and distinct from laws that may or may not apply to typical social media platforms. When this hearing was announced, I was optimistic that this was finally the time a major company wanted to be involved with this revolution and that the Majority wanted to actually think and learn about these new innovations. It appears, however, they have decided to entrench themselves in the fear of the unknown and the fear of change. And your company has done nothing to allay these fears. As you move forward acknowledging that the bill to ban your actions has no constitutional basis, let alone a basis in logic, and that no one is willing to actually put their name on this proposal to ban private innovation, will you work with me and invest in educational efforts to show these Members of Congress that we should work to better understand the innovations underlying cryptocurrency rather than doing their best to put their head in the same and ignore change? Ms. Tlaib. The gentleman's time has expired. The gentleman from Texas, Mr. Green, who is also the Chair of our Subcommittee on Oversight and Investigations, is recognized for 5 minutes. Mr. Green. Thank you, Madam Chairwoman. Mr. Marcus, I am concerned about the dollar. As you know, there is a competition for currency supremacy. The dollar is the preferred currency in the world. The yen competes, the euro competes, and there are others. But the question I have for you is this: How will this impact the dollar? This is our currency. The dollar is the means by which we have the opportunity to influence the economic order in the world. How will this impact the dollar? Mr. Marcus. Congressman, the first thing that I want to state is that we are not competing nor do we want to compete with the dollar and-- Mr. Green. The question is not whether you want to compete with the dollar. The question is, what impact will you have on the dollar? The dollar is supreme. Do we give up our supremacy because of a cryptocurrency? Mr. Marcus. No, Congressman, and we're engaged in conversations, notably with the Fed and the Financial Stability Board, to explore how we can ensure that the dollar and monetary policy is not influenced at all by-- Mr. Green. Here's the concern. Things tend to metamorphose. Things rarely remain stagnant. We live in a dynamic world. You're starting out with just a small piece of the economy as it were. We don't know what this will become. Surely, you can understand the consternation of people who are charged with the responsibility of overseeing the Fed, which happens to be the means by which we have influence with our economy and the dollar. So we have this consternation and I would greatly appreciate it if you could allay some of my consternation with reference to the impact that this may have on the dollar. Mr. Marcus. Congressman, the reserve will be composed mainly of dollars and we expect that a number of-- Mr. Green. Excuse me. Sorry to be rude, crude, and unrefined. Please forgive me, okay, but my time is limited. You said, mainly of the dollar. You said earlier when testifying in this room to questions posed by another Member that another country could also buy into the reserve. I believe China may have been mentioned. Is it true that China can buy into this reserve? Mr. Marcus. No, Congressman. The current contemplated reserve is to be approximately 50 percent dollars and a number of other currencies, euro, pound, yen, notably, and-- Mr. Green. Euro, pound, yen, and I've indicated to you earlier that we are in competition with the euro. The pound we would be under competition with it, as well. The yen, that's the Japanese currency, we would compete there. So you have these other currencies and you have the dollar, but the question becomes, how is this going to be balanced such that it doesn't impact the marketplace itself for currency? Mr. Marcus. Congressman, I believe that the use case for Libra is such that it will be used mainly outside of the United States, although it has real solutions to real problems in the U.S., as well, and as a result, because of the composition of the reserve, we believe that the inflow to dollars will be important and as a result retain the relevance, of course, of the dollar. Mr. Green. Our dollar is a currency that is preeminent outside of the United States. So saying to me that this is something that will impact things beyond our borders does not give me the level of comfort I need when my concern is with the dollar, which seems to transcend boundaries. Any place in the world that you happen to visit, the dollar is available to you. There are countries that prefer the dollar to their own currency. I'm still asking for more, and if you'll send me something, I'll be more than honored to peruse it, and I will yield back the balance of my time. Mr. Marcus. Thank you, Congressman. Ms. Tlaib. The gentleman from Texas, Mr. Gooden, is recognized for 5 minutes. Mr. Gooden. Thank you, Madam Chairwoman, and Mr. Marcus, thank you for being here today. Mark Zuckerberg came in front of Congress in April 2018 and Facebook established its Blockchain Division in May of 2018. Does that sound accurate? Mr. Marcus. Yes, we started this journey in May 2018. Mr. Gooden. And you served on the board of directors for Coin Base, which is a billion dollar digital currency exchange, from about December of 2017 to August of 2018, is that accurate? Mr. Marcus. That is accurate, Congressman. Mr. Gooden. Would it be accurate to say that you're more or less an expert on this and you understand how this works, how these exchanges, Bitcoin, Blockchain, et cetera, et cetera, things that many of us are not experts on, you're pretty proficient in? Mr. Marcus. I would say that's accurate, Congressman, yes. Mr. Gooden. Going down that line, you would also say that you know how profitable this can be, right? Mr. Marcus. Congressman, yes, I believe that we have a good opportunity, if we enable more people to participate, to offer services that could generate revenues. Mr. Gooden. But this is supposed to be a nonprofit operation, isn't it? Mr. Marcus. I'm talking about the Calibra Wallet, which will directly impact Facebook. Mr. Gooden. It's going to be a nonprofit? Mr. Marcus. No. Calibra is a for-profit entity and it is the entity that will build the wallet that will be offered to Facebook consumers. Mr. Gooden. Is digital currency illegal in certain parts of the world? Can you touch on that? Mr. Marcus. Yes, Congressman, there are a limited number of countries that prohibit buying and selling or using digital currencies. Mr. Gooden. I also want to mention privacy violation concerns, things that Americans have been concerned with. The American consumers, would you say, do they trust Facebook? Do they feel comfortable with your company? Mr. Marcus. Congressman, I believe we have a lot of work to do to earn people's trust and clearly we have definitely to make those very strong commitments when it comes to privacy and make good on those commitments for very long periods of time. Mr. Gooden. I guess one of my concerns I share, I think it's bipartisan, we're a little concerned. I don't object to innovation and this sounds very exciting potentially, but there's a level of distrust with Facebook just because of some of the things that have taken place over the last year. Would you be able to tell us if the CEO plans to come and testify before us as this thing goes down the road? Mr. Marcus. Congressman, I can't speak to that, but I'm leading this project and I'm here today and I plan to continue to engage appropriately. Mr. Gooden. Thank you. I yield back. Ms. Tlaib. The gentlewoman from California, Ms. Porter, is recognized for 5 minutes. Ms. Porter. Hello, Mr. Marcus. Thank you for your patience during the long testimony today. I want to look back at the history as we try to understand what might become of our future with Libra. Are you familiar with the terms, ``Wildcat Bank'' or the ``Free Banking Era?'' Mr. Marcus. I am, Congresswoman. Ms. Porter. I want to explain to everybody that there's a concept that Wildcat Bank was a bank that was chartered under State law back before banks were federally regulated from about 1836 to the mid-1860s and they were called wildcat banks, according to one theory because they were in locations so remote that you may see wildcats. The point is that wildcat banks were ultimately unreliable. They became known for distributing worthless currency and putting customers at risk and as a result of that, in 1863, we enacted in Congress the National Banking Act. How is the basic concept of a single currency pegged Stable Coin, the Libra, where an issuer will take dollars and give digital bank notes and vice versa fundamentally different from the bank notes of wildcat banks where banks took U.S.-backed dollar coins in exchange for their own paper money which could and often did become worthless? Mr. Marcus. Congresswoman, I believe that the very important distinction here is that the reserve will be a one- for-one reserve. I understand that the banks and the issues that arose from the wildcat banks are actually that they went into fractional reserves, and as a result had insufficient reserves to back the value of the currencies they were issuing. Ms. Porter. Good point, Mr. Marcus. Which regulator will be responsible for ensuring that the association maintains that one-to-one reserve? Will it be the FDIC? Mr. Marcus. Congresswoman, this is a concern we have, as well, and we believe that the association will need to have the right oversight and meet the satisfactory bar for oversight in how it guarantees that it cannot deviate from a full one-to-one reserve. Ms. Porter. So, it will be self-regulation? Isn't that what the wildcat banks were also doing and that's how they then drifted into fractional reserve and there was no oversight or knowledge of this, which is why customers put their money in those wildcat banks because they believed, perhaps wrongly, that there was a one-to-one reserve, or that their money was safe. Without the FDIC guarantee, isn't this just exposing people to the same--aren't you creating yesterday's problem tomorrow again? Mr. Marcus. We are not, Congresswoman, but I do share your concerns, and that's why I believe that having the proper oversight, not self-regulation, at the association level, notably on the reserve, is important, and I want to go further. What I would like is for any consumer at any given point in time when they hold the Libra to have full transparency of the value of the reserve backing the Libra coin at any given point in time. Ms. Porter. But structurally, that's always what we believe about banks, that if we go to get our money, it will be there, but that's precisely why we have banking regulations, so that in fact, the consumers' expectation is true. I wondered if I could ask you, I know with Libra, it's going to be pegged to a basket of currencies, about 50 percent dollars, I believe you just heard my colleague say, and 50 percent like weirdly-sized paper currency from a few different other countries. It sounds a lot like what's in my daughter's piggy bank, which is kind of a mix of U.S. dollars and money she has been given from friends who have come back from other countries. What's to stop the association from changing the contents of the basket to, say, a hundred percent Venezuelan bolivars at the stated exchange rate and that would again have the effect of making the Libra currency worthless? Mr. Marcus. Congresswoman, that is why we believe that we need the right oversight for the reserve. The basket-- Ms. Porter. What is the right oversight? Mr. Marcus. Proper regulation, and we-- Ms. Porter. By whom? Mr. Marcus. To be determined by the G-7 Working Group in collaboration with-- Ms. Porter. Let's run through some and see if you like any of these. FDIC. Mr. Marcus. Congresswoman, we will not engage in banking activities. As a result, I don't think that the FDIC-- Ms. Porter. You're going to take people's U.S. dollars, give them something that you're going to call currency, and you don't call that banking activity? Do you call it money-changing activity, because we do have laws that apply to money-changing? Mr. Marcus. Congresswoman, you have my commitment that we will have the proper oversight and regulatory oversight of the association, notably on the key issue of the reserve, but I-- Ms. Porter. And respectfully, Mr. Marcus, this is not a personal thing at all, but I had the commitment of so many bankers in my lifetime that they would do the right thing by homeowners they foreclosed on, that I have to have better than that. I just wanted in my last 5 seconds to suggest that you check out 18 U.S. Code 486, which makes it a crime to create private money that is metallic coin. I don't see why that criminal statute doesn't also inhibit the creation of digital coin. Thank you. Ms. Tlaib. The gentlewoman's time has expired. The gentleman from Missouri, Mr. Clay, who is also the Chair of our Subcommittee on Housing, Community Development, and Insurance, is recognized for 5 minutes. Mr. Clay. Thank you, Madam Chairwoman. Mr. Marcus, could you discuss where you believe Libra ranks on the scale of global innovation? Is it akin to Facebook, e- mail, or is it merely a new way to move money, similar to PayPal or Square? Mr. Marcus. Congressman, at this point, it's an idea and a concept. I hope it is very successful because if it is, many people will benefit from it, and so I hope it's going to be a big success for the very people that we hope to serve. Mr. Clay. Thank you. Will Libra holders be subject to counterparty risk if the reserves are mismanaged? Mr. Marcus. Congressman, the reserve will be one-for-one, and we need to find the proper oversight so that it remains one-for-one. Mr. Clay. Under what circumstances could a holder of Libra lose their money? Mr. Marcus. Congressman, for instance, if they use wallets that do not offer consumer protections but in the case of the Calibra Wallet, we will offer full consumer protection in such a way that if you encounter fraud or have issues, we will make you whole. Mr. Clay. And so there would be some kind of insurance for the customer? Mr. Marcus. Correct. It's going to be something that is part of our Consumer Protection Program when it comes to the Calibra Wallet. Mr. Clay. My colleagues have already discussed systemic risk, but I'd like to dig a little further. What are your thoughts about having a separate regulator who would only regulate digital currencies, such as Libra? Mr. Marcus. Congressman, it is not for me to say who should regulate us, but my commitment is that we will meet all regulation and work with and consult with regulators and lawmakers to ensure we do this right. Mr. Clay. And, of course, the customer would pay a premium for the regulation. Is that how you envision that? Mr. Marcus. I'm not sure I understand your question, Congressman. Mr. Clay. Someone would have to stand up and fund the regulator. How would that be paid for? Would you have any ideas or thoughts on that? Mr. Marcus. Congressman, that is not my province. Mr. Clay. Okay. Let's go to another subject. What guardrails would be in place to prevent a run on the Libra currency? Mr. Marcus. We have a one-for-one reserve, Congressman. As a result, a run on the bank would be impossible, provided the reserve remains one-for-one, and we hope to have the right oversight to ensure that it remains that way. Mr. Clay. Would portfolio managers be incentivized to seek higher returns on their investments from Libra association members? Mr. Marcus. Are you talking about the Libra currency itself, because the Libra currency is designed to be stable, and as a result, it will not have appreciation. It's designed to stay stable. Mr. Clay. And the association members are the investors, right? Mr. Marcus. Correct. Association members invest in the ecosystem in order to kick start the Libra network. Mr. Clay. And they would make a return on their money how? Mr. Marcus. Congressman, my apologies for not understanding your question the first time around. The way that investors make their money back is by having a portion of the income that is generated by the reserve after it has paid all of the costs for the Libra association. Mr. Clay. I see. Thank you for your responses, and I will yield back the balance of my time. Ms. Tlaib. Thank you. The committee will now take a 5- minute recess to set up the second panel. I'd like to thank--I'm so sorry. I should have thanked you first, Mr. Marcus. I apologize. It's the first time I'm chairing this committee. But I'd like to thank you so much for coming before this committee. Again, we'll take a 5-minute recess to set up for the second panel. Thank you. [recess] Mr. Clay [presiding]. The committee will come to order. Our second panel consists of: Chris Brummer, professor of law, Georgetown University Law Center; Katharina Pistor, Edwin B. Parker professor of comparative law, Columbia Law School; the Honorable Gary Gensler, who is currently professor of the practice, MIT Sloan School of Management; senior advisor to the director, MIT Media Lab; and co-director of MIT's Fintech@CSAIL; Robert Weissman, president, Public Citizen; and Meltem Demirors, chief strategy officer, CoinShares. Welcome to all of you. Each of you will have 5 minutes to summarize your testimony. And without objection, your written statements will be made a part of the record. With one minute remaining, a yellow light will appear. At that time, I would ask that you wrap up your testimony so that we can be respectful of both the witnesses' and the committee members' time. Mr. Brummer, you are recognized for 5 minutes to present your oral testimony. STATEMENT OF CHRIS BRUMMER, PROFESSOR OF LAW, GEORGETOWN UNIVERSITY LAW CENTER Mr. Brummer. Thank you so much. Members of the committee, thank you for inviting me to testify at this hearing. My name is Chris Brummer and I am a law professor at Georgetown University Law Center. I am here today solely in my academic capacity, and it is an honor to be before this committee again. White Papers like the one we are struggling to understand today have emerged as the common tool through which digital asset companies communicate with potential consumers and investors about new projects and ventures. However, White Papers have faced a mountain of criticism for their hyperbolic language, false promises, and omissions of material information that consumers would need before purchasing a digital asset. Indeed, the last time I was here to share my views before many members of this very committee, we discussed precisely these challenges. But today, we have a twist. Criticisms of White Paper disclosures have focused on early-stage, cash-strapped startups. Rarely have they been directed at a multinational technology company with the resources to marshal top-flight legal as well as technological talent. Yet, this time it is different. The Libra White Paper is peppered with big promises and few details, and the project involves risks to purchasers and, at least potentially, the financial system, that are not disclosed. And yet even for me, a staunch supporter of innovations and upgrades to our financial system, this is, at a minimum, disappointing. The White Paper is no mere public brainstorming exercise or a technical exposition, but is instead intended to condition the market for the adoption of a product that Facebook wishes to sell to billions of people around the world, and the lapses are all the more problematic given the securities-like features of Libra coins and possible implication of U.S. securities laws. In the limited time available, I want to focus on some of the most problematic red flags. First, the Libra White Paper fails to inform people, in unambiguous terms, that they can lose their money, and that runs on the coin are possible. Instead, the White Paper routinely suggests, and doubles down on the idea that Libra will virtually always provide stability in terms of the purchasing power of the new currency. But that is not necessarily the case. The Libra is subject to foreign currency risk, something the White Paper does not clearly acknowledge, and, indeed, could cost their holders money in the form of lost purchasing power, should there be a run on any of the underlying currencies in the basket. Moreover, runs on the Libra itself could be catalyzed for reasons that have nothing to do with the underlying basket, including a hack of Calibra, or revelations that sensitive consumer data had been shared with Facebook or other Libra Association members. Second, the White Paper fails to clearly explain that Libra holders will be exposed to counter-party risk should the reserve investment strategy prove to be mismanaged or poorly executed. Although, ``The goal will always be value preservation,'' any money raised from interest earnings ultimately, after operational and developmental expenses, is going to fund dividends to early investors in the Libra investment token for their initial contributions. As a result, the fund is structured in a way that creates incentives for their portfolio manager to accumulate, over time, higher- yielding investments. Finally, the White Paper fails to disclose how its promise of a secure, scalable, and reliable blockchain could be compromised by whatever is the weakest link in its ecosystem, including changes in wallets operating in jurisdictions with lax AML and KYC rules. And this is, honestly, just the tip of the iceberg, with a host of critical questions about the rights, duties, and selection criteria for authorized resellers and Libra Association members, not to mention how the folks are intending to manage potential conflicts of interest. In my written testimony, I show how these kinds of disclosure issues populate the document and are especially problematic since this offering has, again, securities-like features, including the fact, among other things, that it appears to operate nearly identically to ETFs. Critically, these kinds of emissions are more than just a matter of technicalities. They indicate varying ways in which potential Libra coin purchasers, everyday people, are far from fully informed, and are not on a playing field, vis-a-vis Libra's sponsors. There are 99 problems, and this White Paper is one. [The prepared statement of Mr. Brummer can be found on page 114 of the appendix.] Mr. Clay. Thank you, Mr. Brummer. Ms. Pistor, you are now recognized for 5 minutes. STATEMENT OF KATHARINA PISTOR, EDWIN B. PARKER PROFESSOR OF COMPARATIVE LAW, COLUMBIA LAW SCHOOL Ms. Pistor. Thank you very much, Chairman Clay and Ranking Member McHenry. Thank you to the other members of the committee. Thank you for the opportunity to participate in this hearing to examine Facebook's proposed global currency, the Libra. I am a professor at Columbia Law School, where I have taught for the past 18 years, mostly in the field of corporate law and finance, comparative law, and law and development. I am also the director of the Law School's Center on Global Legal Transformation. Based on my research and analysis of the Libra White Paper and related documents that have been released so far, and a close reading of other comments and analysis of Libra, I have come to the following conclusions. First, Facebook's Libra is designed to become a new global currency that will complement existing fiat currencies. It is designed as a for-profit currency. The Libra White Paper promises to create a seamless, global, safe, and inclusive payment system based on modern digital technologies. Libra is labeled a stable coin and, as such, aims at delivering low volatility and high liquidity to its customers, the holders of Libra coins, who shall be able to exchange their Libras against local fiat currency on demand without suffering major haircuts. To this end, Libra is backed by a reserve composed of safe assets. The safe assets of choice are bank deposits and the liquid debt of reputable sovereigns. These assets owe their safety to public backstopping mechanisms in the form of deposit insurance and the full faith and credit of the issuing sovereign. In effect, the sponsors of Libra and their profit- earning beneficiaries will be free-riding on a public safety net for which they are not paying, and they are extending the safety net to users around the globe. The main governance architecture of Libra resembles currency boards employed by some countries that use currency baskets to back their currencies, such as Singapore and Kuwait, with the important difference that Libra shall deliver profits for its beneficiaries. All interests and dividends will be allocated to the members of the Libra Association and/or investors in the Libra tokens, which are distinct from Libra coins; none to its customers, the holders of the Libra, and I would suspect that in the event of an insolvency of the reserves, there will be no money transferred to the users of the Libra. The central node of what will become an ecology of financial intermediaries is the Libra Association, based in Geneva, Switzerland. It will exercise control over the admission of future members, manage the Libra Reserve, determine asset eligibility for the Reserves, decide whether to amend the protocol on which Libra runs, and determine if, when, and how Libra's architecture will evolve from a club-like or permissioned system to a permission-less system. This concentration of power is unmatched by any meaningful accountability to anyone. The choice of the legal structure means that the members of the Libra Association will be insulated from liability and accountable only to themselves. They will not be accountable to holders of the Libra coins, nor to the citizens of countries that create the safe assets used to backstop the Libra. Facebook plays a central role in the creation of Libra, and the first 28 prospective members of the association have been recruited by Facebook, and given Facebook's control over the start-up phase, it is reasonable to assume that most, if not all of the other 100 original founding members will be hand- picked by Facebook, as would be the management team which would be put in place after the first 5 members have signed up. Existing legal regulatory frameworks, in the United States and elsewhere, are highly incomplete and leave ample room for legal as well as digital arbitrage. They were not designed to govern digital currencies. Regulators are currently using a case-by-case approach to extend their reach, which is no match for the fast-moving technological change. Libra's global reach exacerbates these problems. Many of the activities associated with managing Libra and its reserves will be beyond the reach of regulators in the United States, or any other country, for that matter. The current level of transnational regulatory cooperation does not match the versatility of a private actor, such as Facebook, to pick and choose from legal systems around the globe which laws and regulations best suit its needs. Thank you very much. I yield back the rest of my time. [The prepared statement of Ms. Pistor can be found on page 171 of the appendix.] Ms. Tlaib [presiding]. Thank you, Ms. Pistor. Mr. Gensler, you are now recognized for 5 minutes to present your oral testimony. STATEMENT OF THE HONORABLE GARY GENSLER, PROFESSOR OF THE PRACTICE, MIT SLOAN SCHOOL OF MANAGEMENT; SENIOR ADVISOR TO THE DIRECTOR, MIT MEDIA LAB; AND CO-DIRECTOR, MIT'S FINTECH@CSAIL Mr. Gensler. Chairwoman Tlaib, Ranking Member McHenry, members of the committee, thank you for inviting me here to testify. It is so good to be back with you here again. I began my finance career in the private sector, with Goldman Sachs, for 18 years. Later, as a Treasury official, when I first testified in this room, I also was a witness of the sudden Asian financial crisis. I was later an advisor on the Sarbanes-Oxley Act, with Chairman Oxley right there, and after the crisis, I served as CFTC Chair, helping to reform a $400 trillion swaps market, and I am now honored to be a professor of the practice at MIT, teaching about fintech and digital currency. These experiences have taught me some lessons I bring to consideration of Facebook. First, all of the finance has one foundation, and it is trust, for hundreds of years. Unfortunately for Facebook, for some unexplained reason, they chose to make these bold proposals when trust in their company is not in good supply. Second, although Facebook's Libra proposal may seem unprecedented, if not just for its sheer breadth and scale, we have seen this show before. ``Trust us to innovate. Trust us to revolutionize finance.'' Enron: ``Trust us to set up sophisticated, unregulated electronic energy trading.'' What did we get? Accounting scandals, manipulated electricity markets, and bankruptcy filing. Long-term capital management: ``Trust us to set up a new type of algorithmic hedge fund with $1 trillion of derivatives.'' Failure and systemic risk followed. LIBOR: ``Trust us to set up the world's most relevant interest rate.'' What followed? Manipulated rates on trillions of home mortgages and consumer loans. These all hurt millions of Americans. They are also personal for me, as I lived each one of these in the official sector, trying to clean up the mess. Third, tech has already made big strides. Think PayPal, Square, Stripe, TransferWise, Venmo, Zelle, China's Alipay, and WeChat Pay leapfrogged big finance and now dominate Chinese payments. There is Amazon Pay, Google Wallet, Amazon Coin, Apple Pay, and recently Apple announced, with Goldman Sachs, a MasterCard Apple card. You see, the truth of the matter is there is a lot of innovation going on, and Facebook has tried as well, 3 times, with limited success. Facebook Credits closed in 2013. Facebook Messenger Payments closed their peer-to-peer in Europe just this month. Facebook's What's App Pay Pilot has stalled in India. Fourth, Facebook's ambitious proposal needs significant regulatory guardrails. First, the Libra reserve. Where the money is needs to be regulated by the SEC for what it is, in essence, a pooled investment, multi-currency ETF. And if, for some reason, technically the law doesn't cover it, then Congress can step in and ensure that it is covered, or regulated as a bank, like Congresswoman Porter mentioned. Regulating the Libra reserve, like Western Union, under 49 State money transmission laws, as Facebook suggested here today, forgets tough lessons of failed shadow banking. It just doesn't make sense. There needs to be tight investment restrictions, including prohibiting loans--I was glad to hear that today--but guarding custody of funds. That is what China and Kenya did when Big Tech came in. They said it was very restricted. Second, the Libra Association's manager should be registered as an investment advisor. Third, customers' Libra custody in Calibra needs to be tightly regulated for customer protection, ensuring Facebook doesn't use, lose, or abuse customers' Libra. I think that is part of the economics. They want to use those Libra coins. They also need to protect the data by true firewalls, not just by protecting customer consent clauses. Fourth, the accounting of the payment system: The Libra blockchain should adopt payment infrastructure rules consistent with Federal Reserve policies. And lastly, Libra will have the same challenges as Bitcoin guarding against illicit activity. Being registered by FinCEN won't stop the rest of the Libra network, the broad global network, from self-custody, and the ground truths are there are no easy solutions. Trust, so important to finance and innovation, is easy to lose, and best to verify, as Members on both the Republican and Democratic sides have said, and it is critical to be responsively regulated. I look forward to your questions. [The prepared statement of Mr. Gensler can be found on page 145 of the appendix.] Ms. Tlaib. Thank you, Mr. Gensler. Mr. Weissman, you are now recognized for 5 minutes to present your oral testimony. STATEMENT OF ROBERT WEISSMAN, PRESIDENT, PUBLIC CITIZEN Mr. Weissman. Thank you very much, Madam Chairwoman, and I thank both you and Mr. McHenry for holding this hearing so quickly after the Facebook announcement, and treating this issue with the seriousness and thoughtfulness and care that it deserves. Facebook is not making this proposal because it is interested in competing with Western Union. Facebook is making this proposal because it wants to be in the middle of as many transactions that occur across the planet as possible. If it can get all of them, it will take that. That is a serious business that this committee absolutely must be paying attention to. I want to raise three particular concerns with Facebook's proposal that I think could be ameliorated with extremely aggressive regulation, but not cured. But before that, I want to make a point that follows on from what Mr. Gensler just said. Facebook, as a company, cannot be trusted. I mean that in two senses. First, it is not just that people don't like Facebook. Facebook has repeatedly violated its own privacy policies. It is not an external thing that was exposed on them. They adopted their own policies and they violated them, not once, not twice, but over and over and over and over and over again. Look at the last consent decree. See the listing. Wait until we see this consent decree. See the listing. This is a company that cannot be trusted. But it is worse than that, and this is the second point. Even as Facebook maintains its promises, they are unilateral, voluntary, and subject to change at any time. Key features of Facebook's Libra proposal are completely up for grabs and change over time. For example, the one-to-one reserve would make a difference, but they could unilaterally alter that commitment. The idea that the money will be invested in stable currencies would make a difference but a promise that could unilaterally be invested. The idea that there would be a firewall between Calibra and Facebook--a unilateral promise that could be invested, and you would be foolish to think they won't change that one, because they change their privacy policy almost every year. Against that backdrop, there are three particular considerations I want to raise. First, the competition policy and monopolistic implications of this proposal. As we have heard today from Facebook, immediately upon adoption of Calibra it will be available to 2.7 billion users around the world. It is a certainty that Facebook will dominate the market for Libra and perhaps for all digital financial transactions. There may or may not be other wallet competitors in Libra, but no one is ever going to compete with that. We are going to see Facebook immediately extending its dominance in social media to now the dominance in the payment transfer business. The Libra Association itself has the makings of a cartel. There is already talk about giving discounts among the Libra members, for sure going to be used to advantage those who are on the inside and disadvantage those who are on the outside, under the leadership of the dominant member of the cartel, Facebook. We have a long tradition in the United States of separating banking and commerce, under the Bank Holding Company Act. That has expressed a lot of wisdom, and protected us from a lot worse financial crises, and we need to apply those principles going forward. Second, there are big concerns about consumer protection. Inherent in the Libra proposal is the idea that you are going to make no-interest loans as a user to Facebook, the idea that you can adopt foreign exchange currency risk. Big problems. But within this new Facebook Libra ecosystem, there are massive consumer protection problems as you have a global privatized, orderless currency. What happens when you get that payday loan that they are bragging about? You just didn't realize it was from Ukraine, and the choice of law became Ukrainian law. Third problem, privacy. Again, as I say, there is no reason to believe that there will be a separation between Calibra and Facebook, but even if there is, Facebook will understand what is going on based on users' use of Facebook. They will gather all this data. Whether or not they do what they say they are going to do, if this process proceeds, we are likely to see the creation of a corporate surveillance leviathan with no precedent in world history, and only imagined in dystopian science fiction novels. That is not just a matter of things being creepy; it is a matter of them monetizing, commercializing our lives. It is a matter of them worsening, potentially, the algorithmic discrimination that is already an increasing problem. It is a matter of them then leveraging that data to crush their competitors. It is a matter of overall less innovation, not more innovation, both in the digital economy and in the rest- of-the-world economy. Finally, as a last point, I just want to say this committee is now floating the idea of the Keep Big Tech Out of Finance Act. We think that is exactly the right approach going forward. This is far too dangerous a proposal to permit to proceed. That is one way to shut it down, and I hope this committee does, in fact, do that. Thank you very much. [The prepared statement of Mr. Weissman can be found on page 183 of the appendix.] Ms. Tlaib. Thank you. And Ms. Demirors, you are now recognized for 5 minutes to present your oral testimony. STATEMENT OF MELTEM DEMIROS, CHIEF STRATEGY OFFICER, COINSHARES Ms. Demirors. Thank you. Good afternoon, Chairwoman Tlaib, Ranking Member McHenry, and members of the committee. My name is Meltem Demirors and I am chief strategy officer of CoinShares, a digital asset management firm that operates across four jurisdictions, including the United States and the European Union. As of today, we manage $800 million in assets, on behalf of thousands of investors. I am also here to share my insights as a business owner, an investor, and an advocate for and user of cryptocurrency. Today, I would like to discuss cryptocurrencies, mainly Bitcoin, emphasize why Bitcoin is different from Libra, and outline what that means for innovation here in the United States. Let's start with Bitcoin. Bitcoin is the best-known, most valuable, and most established cryptocurrency. Bitcoin is three things: Bitcoin is a technology; Bitcoin is a network; and Bitcoin is also a cryptocurrency. Now, Bitcoin as a technology is not regulated. Much like the internet, the Bitcoin network could be considered a public good. However, the companies being built to provide products and services on top of the Bitcoin network are subject to regulation in their respective jurisdictions. Over the last 5 years, I have built 3 investment firms and invested in over 150 cryptocurrency-focused companies in over 30 countries. Fully over half of those companies have been incorporated in, and opened from, the United States of America. The United States enjoys a robust, well-developed capital market and boasts a long track record as a place where innovators can build businesses. These 150 companies now employ nearly 5,000 people, in cities like San Francisco, Charlotte, New York, Boulder, Austin, and Atlanta, but also London, Singapore, Zurich, and Berlin, just to name some. Cryptocurrency has reached a point of inevitability. It is inevitable that the Bitcoin ecosystem will continue to grow and contribute to the digital economy. The question is where. The traditional approach of drawing a regulatory perimeter, which has been used in the past to saddle jurisdiction, is challenging to apply in this digital world that is not constrained by the physical borders of the past. We are seeing a wave of interest in cryptocurrencies and countless imitators, which borrow some features of, but are decidedly not cryptocurrency. Libra is not a cryptocurrency. I am not here to pass judgment on Facebook or its efforts, and I commend their altruistic aspirations, but they are just that: aspirations. First, Bitcoin is decentralized, which means no entity or group has the power to block or censor the use of the network. Libra is centralized. A small group of companies will have the ability to block and censor transactions. Second, Bitcoin is its own asset, backed by its own scarcity and the demand for it. There is no entity that holds assets that gives Bitcoin value. Libra, in contrast, is backed by a pool of assets that are domiciled abroad. Asset management is a regulated activity. Lastly, Bitcoin is permission-less, meaning anyone in any part of the world has the ability to enter and exit the network without requiring permission. Libra is permissioned. The Libra network is controlled by a private group which will determine who has permission to access this network. The Bitcoin network supports thousands of companies all around the world. Libra benefits one entity, Facebook. Facebook is not a public entity. It is a privately owned, for-profit company. Libra may represent an exciting opportunity for Bitcoin but it cannot and should not be compared to Bitcoin. Like the internet, it is critical that Bitcoin remains open for permission-less innovation. Companies here in the United States serve tens of millions of customers, service billions of dollars of regulated legal commercial activity, and employ thousands of people who are building on Bitcoin and cryptocurrency networks. While the Bitcoin community is global, we should endeavor to keep companies here, in the United States, regulated under our laws, where benefits accrue to the American people and the economy, not to foreign jurisdictions. The decisions you weigh now will determine the future of these open, permission-less technology networks and capital formation. That future is not 5 or 10 years away. It is here and it is now. I urge you to view Bitcoin as open public networks that enable innovation and growth, and to treat Libra and its future imitators--and there will be many--in the context of the facts. Private efforts led by corporations holding billions of dollars of the public's money. These things are not Bitcoin and are not cryptocurrencies. I thank you for your time, and I look forward to your questions. [The prepared statement of Ms. Demirors can be found on page 131 of the appendix.] Ms. Tlaib. Thank you. I now recognize the gentleman from Missouri, Mr. Clay, who is also the Chair of our Subcommittee on Housing, Community Development, and Insurance, for 5 minutes. Mr. Clay. Thank you, Madam Chairwoman, and let me thank the panel for your testimony today. Let me start with Mr. Weissman. Currently, many people believe that cryptocurrency can coexist within our current monetary system, given that cryptocurrencies only constitute a very small fraction of the economy's financial assets. However, if an entity like Facebook, with 2.5 billion users, decides to go ahead and bring Libra to market, this can change rather quickly. How can this pose a threat to the U.S. central banking system if the majority of Facebook users in the U.S., in a few years, use Libra as a viable currency? Mr. Weissman. I think there are a whole series of potential risks, Mr. Clay. One has to do with the systemic risk created by Libra itself. The possibility that there is a run on the Libra, if it gets up to scale, will require massive intervention by the public, on a scale that would probably dwarf TARP, or the alternative is to let the whole thing go under, which seems almost impossible to imagine. A second problem is that Libra itself may encourage runs on foreign currencies--maybe not the dollar at first, maybe eventually the dollar. If you lose confidence in a national currency, the ability to move into this allegedly stable alternative currency can create a quite self-perpetuating cycle that creates, itself, another kind of financial crisis. I think that the scale of this proposal is such that you have to run these scenarios that are very hard to get your head around and take them seriously. You are right to ask the question. Mr. Clay. Thank you for that. Professor Brummer or Mr. Weissman, regarding sanctions, can you please explain how the Libra Association and the companies that grow out of the Libra construct can ensure that international and U.S. sanctions regimes will be followed? Mr. Brummer? Mr. Brummer. Thank you, Mr. Clay, for that question. I think one of the challenges that pertain to the Libra ecosystem--and it is not just a problem with sanctions but it is a problem with anti-money-laundering and really the way in which it is being set up--is that ultimately the weakest link in the network can become a gateway for all kinds of wrongdoers. Now the promise that Facebook is making right now is to say that our infrastructure that we are developing, like Calibra, will be subject to all relevant U.S. rules. The challenge is that it is creating a platform that will allow others to develop infrastructure outside of the United States, and, indeed, outside of internationally well-supervised regimes, and they are making the promise that they will develop certain kinds of codes of conducts and standards for onboarding those applications into the ecosystem, but they fail to explain-- Mr. Clay. Yes, how would they prevent sanctioned persons from getting on that platform and exchanging? Mr. Brummer. If there is the kind of anonymity that they are claiming, and they explicitly state in the White Paper that their blockchain will allow clients to hold one or more addresses that are not linked to their real-world identity, which, by the way, seems to--while the Bank Secrecy Act travel rule, which requires institutions to pass on certain customer information, including the name and address of the transmitter--it seems to certainly enable, in the absence of further elaboration from Mr. Marcus, exactly how they plan to prevent threats to U.S. national security. Mr. Clay. Let me ask anyone else on the panel, in the remaining time, what does the Libra Association need to do to vet those who wish to join it or build on this blockchain? Anybody? Mr. Gensler. If I could just say, there is not currently a way that you could actually foreclose somebody on the sanctions list from getting this coin and transacting. The on-ramps and off-ramps, the only way you could do that is if you literally put in the computer code, what they call Libra Core, put in there the prohibitions and so forth, and they are not going to plan to do that. To your second question, I think the Libra Association, because it could control, for particularly developing countries, the monetary policy, it needs to have wide-open governance, and right now it is just large corporations and a handful of nonprofits. Ms. Tlaib. Thank you. Mr. Clay. Thank you. Ms. Tlaib. I now recognize the gentleman from North Carolina, the ranking member, Mr. McHenry. Mr. McHenry. Ms. Demirors, my question for you is about the outline you have given in your testimony. You make the distinction between Libra and cryptocurrencies, so let's talk about cryptocurrencies. When you have the President of the United States, the Secretary of the Treasury, and the Chair of the Federal Reserve, in the same week talk about cryptocurrencies a decade after Satoshi wrote the White Paper, it is probably a decent thing to draw attention to the industry, right? How long have you been in the wider crypto or digital currency space? Ms. Demirors. I have been working in the digital currency space professionally for the last 5 years, and individually, as a member of this open source global community, for the last 7 years. Mr. McHenry. Okay. Let's talk about the opportunities of cryptocurrency. Innovation is happening, and it is happening across the globe. Ms. Demirors. Absolutely. Mr. McHenry. You mentioned, though, that there are challenges working in the United States. What are those challenges right now? Ms. Demirors. The primary challenge is the lack of jurisdictional and regulatory clarity. I do commend many of the regulators here in the United States that companies interact with. I personally have interacted with the CFTC, the SEC, the IRS, OFAC, FinCEN, law enforcement, State banking regulators, and a host of other policy-making bodies and enforcement agencies. But even in the characterization of cryptocurrency, there seems to be key differences. The SEC has long deliberated whether cryptocurrencies are securities or not, and has reached the conclusion that Bitcoin is not a security. The CFTC treats Bitcoin, and some of the products around Bitcoin, as a digital commodity, if you will. In contrast, the IRS treats Bitcoin and digital currencies as property. This inconsistent treatment makes it very challenging for companies to determine how to operate within the existing regulatory frameworks here in the United States. It costs a tremendous amount of capital for these early-stage companies to hire lawyers, to find experts, and to come here to D.C., to speak with their representatives on these important topics. This is of big concern to me, as an investor. Mr. McHenry. What is the key takeaway, as a policymaker? How do we ensure that innovation is going to happen here in the United States, as opposed to some foreign regime? Ms. Demirors. We need clear guidance, much as Switzerland's FINMA laid out in 2018. They established a very clear set of policies and a regulatory framework that has been applied consistently. Mr. McHenry. Okay, permission-less versus permissioned networks, let's talk about the distinction between decentralization, permission-less, versus what is Libra. Ms. Demirors. Sure. The whole idea that makes the coin so compelling and so exciting is this idea that started with the internet, of open source software development, where you had code that anyone could use to build anything they wanted, but that a group of people chose to run, which established the foundations of the internet. Similarly, the Bitcoin network, which is operated by individuals and entities that run computers with the Bitcoin code around the world, is open and accessible to anyone. Anyone can make proposals to change the code, anyone can audit the code, but most importantly, anyone can build a business on top of the Bitcoin network and use this network to drive innovation, whether that is in enabling new types of value transfer or whether that's in enabling all sorts of other services we can't yet imagine. Mr. McHenry. Why is that important? Why is that an important distinction and architecture--decentralization, permission-less. Ms. Demirors. Absolutely. As the other experts on this panel have discussed in their testimony, there is a tremendous anti-competitive component to what Facebook is proposing to do. This is a private group of 100 corporations who have ties to Facebook and its executives in various ways, who will be responsible for determining what the code supporting the Libra network is, who gets to run nodes and participate in the network, and what transactions and applications and products and services are allowed and disallowed. This is in sharp contrast to what Bitcoin and other openly distributed cryptocurrencies are. They are open for anyone to build on. Libra is a private, for-profit enterprise that benefits large corporations and for-profit entities who already have a tremendous amount of power. Mr. McHenry. Okay. So what is your take on Libra, the currency, as another competitive force in digital payments? Ms. Demirors. My position is this: Facebook should be allowed to innovate, just as anyone else in this country is allowed to innovate, but it should not be allowed to pursue this path under the guise of being an open cryptocurrency like Bitcoin. That analogy is very dangerous and it is factually incorrect. It represents something entirely different. It has been categorized as an ETF. I would say it is a mutual fund that represents two classes of interest. It is a for-profit, anti-competitive effort that makes it much harder for small startups and innovators to build businesses serving that same audience and enabling digital value transfer. Mr. McHenry. While, at the same time a distributed ledger and cryptocurrency and digital assets are a wave of the future. Ms. Demirors. Absolutely. Mr. McHenry. I yield back. Ms. Tlaib. Thank you. The gentlewoman from New York, Ms. Velazquez, is recognized for 5 minutes. Ms. Velazquez. Thank you, Madam Chairwoman. Earlier today, I told Mr. Marcus that this is not Silicon Valley and that all problems with the Libra and the association need to be worked out before the launch date. He wasn't clear on whether or not Libra was willing to delay its launch date. By a show of hands, do you agree Libra should delay its launch date until all legal and regulatory concerns have been addressed and approvals have been granted? [show of hands] Ms. Velazquez. Okay. Professor Pistor and Professor Gensler, many of us questioned Mr. Marcus this morning on the Libra Association's decision to place its headquarters in Switzerland. Why do you think the Libra Association chose Switzerland for its headquarters? What advantages could the Swiss regulatory system offer Libra that the U.S. system does not, and what problems does this present? Ms. Pistor. I do not want to deny the fact that Switzerland has the signaling effect of being the home for many international institutions, but that is also interesting because international organizations are actually public, non- profit organizations, so I think there is a signal effect. In terms of the regulatory benefits, I think the set-up of the association itself is an interesting benefit, because you can set up an association that is supposed to be a nonprofit organization and yet use it to plow back these profits to its members. I also think that Switzerland is trying to position itself right now as a major jurisdictional hub for cryptocurrencies and has issued a number of papers where they are trying to do so. They have the benefit of trying to be less fragmented than the United States system, but I think they also have a long history of having laxer financial regulations. Ms. Velazquez. Thank you. Mr. Gensler? Mr. Gensler. I think that Switzerland offered them all the things that Professor Pistor just said, but I also think that they think that under Swiss law, it is probably a little less likely that it is a security than under U.S. law, so there is some of what we used to call regulatory arbitrage that is going on as well, and the tax law arbitrage that Professor Pistor mentioned, that you could have a nonprofit and yet still pay dividends, which is kind of foreign to the way we think here. I think it is also a signaling effect to all of their users that they are less controlled by the U.S., and when this Libra reserve gets big at some point in time, if any developed country is going to use the Libra instead of the U.S. dollar, and ``Libra-ize'' instead of ``dollar-ize'', I think it signals, in the future, hey, we are not under the control of whatever future U.S. President and sanctions regime of the future. Ms. Velazquez. Thank you. Professors Brummer and Pistor, earlier today I asked Mr. Marcus if the Libra Association would be willing to submit to enhanced oversight by the Federal Reserve if it was designated a SIFI by the FSOC. He initially responded by saying the Libra Association has no plans to engage in banking activities. However, as you both know, in Dodd-Frank we gave the FSOC specific authority to designate non-banks as a SIFI in order to increase their oversight so they do not threaten the financial system. In each of your opinions, what type of systemic issues could Libra and the association pose, and should the FSOC investigate these issues? Mr. Brummer. Thank you for that question. It is very important. First, to the extent that there is a run on any of the currencies in the basket, there could be an incentive to ultimately liquidate their Libra holdings, so that destabilizes the coin. Second, as I mentioned, if there is some kind of operational failure, people can decide, hey, someone can hack into this wallet so why should I keep it, in which case, again, you decide to liquidate the Libra holdings. If you scale up--and I wanted to add that that is entirely possible, in part because it is Facebook, but it is not just Facebook. What would happen if Uber and Lyft required the use of Libra for their services or offered some of their consumers the benefit? Then, you imagine it becoming quickly systemically important, and, as a result, that is a huge thing. And the last thing is banks. People are saying to regulate Facebook like a bank, perhaps. One of the questions that I think is worthwhile considering is would Facebook even be eligible for a banking license? A de novo review would require an investigation, of, say, Facebook's earlier violations. Ms. Velazquez. Ms. Pistor, do you have a comment? Ms. Pistor. Just briefly. I think because the United States is essentially with its own sovereign debt and with its bank deposits that might be used backstopping the currency probably will be the country that will have to backstop any uncertainties or run on the Libra, even if it emanates from elsewhere in the world. Ms. Velazquez. Thank you. I yield back. Ms. Tlaib. The gentleman from Arkansas, Mr. Hill, is recognized for 5 minutes. Mr. Hill. Thank you, Madam Chairwoman. Thanks for this panel. I hope you found the day as interesting as we have. Mr. Weissman, thanks for your watchdog work on behalf of Americans. One thing, listening almost to all the questions on and off today, there is a burden hanging over the room which is that it is Facebook in here testifying. So a question to you, if this were General Electric and they were proposing this innovation, you would still have your same questions, and we would still be monitoring trust-but-verify, Ronald Reagan style. But would you be downshifted a level of alert if it were--and again, we could say JPMorgan Chase or GE, just a personal view on that question. Mr. Weissman. Since you know the organizations, I don't want to say anything nice about those companies. But that is absolutely correct, and for a couple of reasons. Mr. Hill. And you would say with logical reasons, and the Majority has screened many reasons, and many Americans are frustrated with-- Mr. Weissman. Two key reasons. One is the history of privacy violations, obviously implicated by this. Two, the anti-competitive effects. No other company can do what Facebook can do, and suddenly, magically make appear this new product, inside your phone, inside your life, inside our mind, for 2 billion people. Mr. Hill. Yes. Good. Thank you for that. And on this issue on the business of banking, traditionally, yes, we have separated commerce from banking and we have a long legislative history on that, but the business of banking in those laws--whether you talk about the Bank Holding Company Act or any other--is taking deposits and making loans. And if you are not in both you are not, as a general statement, legally in the business of banking. Ms. Pistor, when you think about what you have seen, or Mr. Gensler, would you say that that remains to be seen and that is why we are having this hearing, just to find out, well, what is the business mission here? What are the businesses? You suggested that they be regulated like a bank, but they have not yet said they are a bank. Mr. Gensler. I spent 18 years at Goldman Sachs and my whole life has been about finance and money. Mr. Hill. Right. Mr. Gensler. I think when you take somebody's money and then you invest it--in this case they want to invest it very tightly and narrowly--it has a banking function. And we have this term, ``shadow banking,'' for banking functions that are not regulated like banks. I think it just would be malpractice to leave it to the 49-State money transmission. Mr. Hill. No, that is a good point. Thank you. Mr. Gensler. That is what I think. Mr. Hill. And I think that is what this hearing is about, is trying to decide what is the best oversight, and I think Mr. Marcus was fairly open to say, yes, we are interested in what the right oversight is too, and you have your views and we have ours. So, thank you for that. Ms. Demirors, I was very intrigued, and I thank you for your conversation about all the business you have. One that concerns me--I think a lot of international people fly on Boeing aircraft. I think a lot of them own Apple phones. I think a lot of them attend the World Bank meetings in Washington, D.C. A lot of people are satisfied that the United Nations is headquartered in New York. I am shocked that we have to go to a neutral country in order to have global acceptance of a product. You seem to take the other side, that you are happy to have these businesses in America. Can't the U.S. be a reasonably good location for the association to be headquartered? Why would we not put it here in the United States? Ms. Demirors. Absolutely. I think there are two fundamental issues here. First, in the U.S., there are a number of different agencies--the regulators, policymakers--that have oversight of the various functions that the Libra Association would like to perform. Switzerland, on the other hand, where the association is headquartered, has a different track record. It is in a place that has been very open to cryptocurrency projects and other similar innovators, and it has a clear regulatory framework that is more permissive. In my view, part of the effort to location the association in Switzerland is to provide that clear, simpler regulatory framework to the Libra Association and its members. So, I think it should be here. Mr. Hill. Yes, thank you, and I appreciate you having your businesses in the United States. And that is not a jingoistic point of view, from my point of view. You raised it in your testimony. My view would be that Mr. Weissman would be happy, and you might be happy, if they were domiciled here, and if that compelled the U.S. to have that better operating environment, regulatorily and legally, for this kind of activity, which I don't think we are putting the genie back in the bottle and therefore the use of blockchain, the use of tokenization is going to be around the world as we watch it. And so I would like to see that innovation here under the right regulatory framework. Thank you all for being here, and I yield back my time. Ms. Tlaib. The gentleman from New York, Mr. Meeks, who is also the Chair of our Subcommittee on Consumer Protection and Financial Institutions, is recognized for 5 minutes. Mr. Meeks. Thank you, Madam Chairwoman. I like that--Madam Chairwoman. Thank you all for your testimony today, and Mr. Gensler, of course, it is good to see you here today. You were with us in the depths of the financial crisis, and I suspect that you may agree with my earlier statement, in fact, in listening to your opening statement, that no large company sets out to willingly break the financial system. But through a combination of moral hazards and failure to incorporate negative externalities and regulatory loopholes, have allowed major systemic crises over the past decades. So what I want to do is probably ask all of you some questions that I asked Mr. Marcus this morning, but before I do that, I want to point out an intellectual sleight-of-hand, if you will, that Mr. Marcus did in answering my questions, and those of many of my colleagues, many Members of Congress. He states that they seek to build a system for money transfer. The comparison is consistently made to PayPal or Venmo or Western Union, but to the best of my knowledge, users don't hold wallets on those platforms, don't store money until it is used in a Western Union account. Rather, customer accounts, which are held at banks, are deducted when a payment is made. Let me then ask a question, because I am worried about systemic risks, and I asked Mr. Marcus this morning, that if Facebook managed just 10 percent of its current user base to the Facebook Libra wallet, would you agree that they would be a systemically risky financial institution, and should they be designated as such by FSOC, and do the regulators even have the capacity to develop dedicated and enhanced oversight regimes for Facebook in such event? I will start with Mr. Brummer, and then Mr. Gensler. Mr. Brummer. That is an excellent question, and certainly if Facebook was managing those kinds of assets, given its customer base, I think it would be certainly be systemically important. And the question about the expertise at the Federal Government level is precisely the fact that you have to think about coordinating, under FSOC, an appropriate response, not just in terms of the banking and financial stability level but also with all of those consumers and all of the frailties that we have been discussing all day long--how exactly do you protect everyday Americans from those particular risks? And I think that you would have to be elevated to a matter of prudential, systemic, and also just customer and investor protection. Mr. Gensler. I will give a bit of a technical answer, but quickly, having helped you all work through that Dodd-Frank bill. Title VIII of Dodd-Frank had two systemic provisions. One is as companies, and one is as payment infrastructures or clearinghouses. There was actually a third one, activities. It depends on the size that this would get to, and even if it was 10 percent of their user base, if they only had small balances, I think Congress, rightly, made sure that the FSOC couldn't just designate anybody as systemic. If the balances were really small, it might be a little challenging for FSOC to designate them as systemic. If the balances were large, I think yes. I think on the payment infrastructure side, is it a systemically important clearing and payment and settlement system? If it was 10 percent and it was embedded in the world that way, I think it is quite likely that the FSOC would be able to do it. But it would depend on the facts and circumstances. Mr. Meeks. Let me ask this question, because I don't know, given that when we were asking the questions, we were talking about if it was a security or a commodity. That is a question, and then who would be the regulator? What would be the appropriate regulatory authority? Would you say that they should be listed so that all of the regulators, at some point, would be regulating them, or should Congress look at creating a new regulatory authority that just looked and specialized over cryptocurrency and Bitcoin, et cetera? Ms. Pistor or Mr. Gensler? Mr. Gensler. I will just say I don't think we need another regulation in Washington. I will just say that. Mr. Meeks. I agree. Mr. Gensler. But I think that if it impinges on investor protection, which this feels like--you know, a great Indiana poet, James Whitcomb Riley, said, ``When I see a bird that walks like a duck and swims like a duck and quacks like a duck, I call that bird a duck.'' I mean, this thing looks like an exchange trade and I am just using common sense here. If Congress needs to fill a gap to make sure it is-- Ms. Tlaib. Thank you. Mr. Gensler. --under the securities laws, I would do that. Ms. Tlaib. The gentleman from Ohio, Mr. Davidson, is recognized for 5 minutes. Mr. Davidson. Thank you, Madam Chairwoman. Thank you to our witnesses and to my colleagues who are here on this really important topic. Mr. Gensler, you mentioned regulatory arbitrage, and certainly in this space we have seen a fair bit of it. The SEC has cracked down on some of the big fraudsters that essentially were just launching securities in violation of U.S. securities law. However, that regulatory framework, as Ms. Demirors has pointed out, has driven a lot of companies to find certainty in places like Switzerland or Singapore. Would a bright-line test that says if it meets this test right here, we know that it is a security, and if it falls on the other side of that, we know that it is not, provide the certainty the market needs? Mr. Gensler. I think that it could but it could also provide certainty for ways for good lawyers to cleverly work around it. I think whether it is the Supreme Court Howey test, or just in the last few weeks the SEC put out a lot of guidance in this area. It has been slower than I think we want. I will agree with that. But I think they are slowly, under Chairman Clayton, trying to give some certainty to this area. Mr. Davidson. Right. Bill Hinman has provided a lot of that, and, unfortunately, that is not really--I appreciate their efforts but, frankly, it is Congress' job to provide that certainty. And if we just want to live with a court decision, Howey, and apply the Orange Grove test to things--you know, if you are swinging an orange grove hammer, a lot of things look like an orange grove. Talking about one other principle that you talk about, we have provided that in a group of bipartisan folks, in the Token Taxonomy Act, and it lays out a four-part test that if it meets this, then you can know. You don't have to go on a case-by-case basis, and pre-clear your idea with the SEC, and maybe you talk to the right person and maybe you don't, and maybe you can spend as much on lawyers as Facebook did. Maybe you have 2 years before you need to launch, but maybe you don't. And a lot of companies have just sat down and talked to me and said, ``Look, no offense, but we don't trust you guys. We are going to launch this in Switzerland or Singapore.'' So, we are trying to provide that certainty for the market. I want to ask one question specific to Libra. Their association would be governed by a board. Their association has central control in its proposal, and those seats I think would be considered assets, right? They would be presumably fungible. They could be sold. They say they are going to be governed in a different way. The underlying proposal is not just a bundle of currencies but short-term securities. Under securities law right now, I think as you point out, you don't have to do arbitrage. You just have to apply existing law. That would be treated as a security, correct? Mr. Gensler. The members of the board would get something called a Libra Investment Token, and that is unambiguously a security, and I think even Facebook has agreed to that. Mr. Davidson. Okay. Thank you. Ms. Demirors, you have highlighted a lot of background information about Bitcoin and about the immutable distributed ledger and the benefits of that, decentralization versus centralization. A lot of people in this space will use a phrase that you may be familiar with: ``There is Bitcoin and then there is shitcoin.'' Are you familiar with that phrase and what people might mean by that? Ms. Demirors. I am. Mr. Davidson. Could you elaborate on how people would differentiate the two? Ms. Demirors. Absolutely. I think the idea here is Bitcoin has had a long track record. The network has been operating for 10 years. The Bitcoin network has been tested. The decentralized nature of the Bitcoin protocol has been tested. People have tried to co-opt control of Bitcoin source code and push it in certain directions that benefit their business models, and this network, and this protocol, and its open- source governance have withstood that test. It is robust, it has been tested, and it has had the benefit, frankly, of spending its first 5 years, in its nascency, sort of operating in this environment of innovation and not having a lot of regulatory attention. Mr. Davidson. Is there a central authority that could dilute the value of Bitcoin? Ms. Demirors. No. Mr. Davidson. Is there a central authority that could filter transactions at Bitcoin? Ms. Demirors. No. That can only be done through the products and services that people utilize to access the network. Mr. Davidson. Like Coinbase, for example? Ms. Demirors. Absolutely. That is a U.S. company that is regulated based on the facts of what its business model is. Mr. Davidson. Right. And just like in the U.S., the Federal Reserve or the Treasury doesn't change the dollar. The people at the edges, the banks, generally do that. But with Bitcoin you can still engage in peer-to-peer transactions, like cash, correct? Ms. Demirors. Absolutely. Mr. Davidson. And because of open source code, you could have a wallet, correct? Ms. Demirors. Absolutely. Mr. Davidson. All of these features are different than many of the things that people call, colloquially, ``shitcoin,'' because the value can be distorted by a central authority. So, people do really have their assets at risk. We absolutely need the certainty that legislation can provide in this space. I hope we have a hearing specific to the Token Taxonomy Act soon. I appreciate my colleagues and the time, and I yield back. Ms. Tlaib. The gentleman from Georgia, Mr. Scott, is recognized for 5 minutes. Mr. Scott. Thank you, Madam Chairwoman. First, let me say what an excellent panel we have, very knowledgeable. Thank you. Mr. Gensler, it is great having you here, my good friend. We did a lot of yeoman's work with CFTC when you were Chairman, and me as Chairman of our committee on cross-border and on derivatives, swaps, the whole nine yards. It's good to see you again. Let me tell you what I think is the Achilles heel in Libra right now. This morning, if you recall my testimony, I kept asking Mr. Marcus, and several of us on the committee kept referring to the White Paper and so I looked at this White Paper and I think we found an Achilles heel here, several, but here's one that we may have omitted. In that White Paper, it states that globally, 1.7 billion adults remain outside of the financial system with no access to traditional banks, and I questioned him on that and he assured me that in order to obtain what he called a Calibra Wallet, there must be strong Know- Your-Customer requirements in place, including a government-issued ID, and this is particularly acute when you're dealing with online activity. When you're dealing online, one of the big reasons why many consumers are unable to access the financial services is due explicitly to a lack of identifiable proof of identification. I want to ask you all, how do you see Libra expanding access to financial services to the unbanked and underbanked, 1.7 billion adults across the world, particularly on an online platform, when you can't simply hand over an ID card like you can to the bank teller, and while at the same time navigating the need to verify customers' identification who may not have a government-issued ID and are unable to get one? How do we mesh this with online? I think that is an Achilles heel there. We're moving fast in technology but I don't think, if I take this, I can't give an ID card. Go ahead, Mr. Gensler? Mr. Gensler. Three quick points. Sub-Saharan Africa, half is unbanked but half of the unbanked have mobile phones. That's the good news. The sad news is you're absolutely right about government IDs. I think the Calibra Wallet they're promoting will be inside of these anti-money-laundering laws, but there are also going to be a lot of other wallet providers, and so my other two points is those other wallet providers will be in the lax jurisdictions that might not take the necessary precautions to get the government IDs. The third point is it's absolutely true that this will have a lot of leakage, that there will be lots of Libra tokens, just like there are lots of Bitcoin tokens that are floating around outside of the Bank Secrecy Act and that's just going to happen. Mr. Meeks. Mr. Weissman? Mr. Weissman. Yes. I think you're exactly on point. I think it's an unsolvable conundrum. If you look at what they've said, in addition to exactly what Mr. Gensler is saying, they want it to be that you can walk up to a convenience store anywhere in the world, hand them money, and get Libra. That's the vision. Okay. That's one hat. They also say the Calibra Wallet will interconnect with other wallets. So even if Calibra does Know Your Customer, a different wallet that doesn't, you still put the money back into Libra. I think the possibilities for sanctions and money laundering and tax evasion are unlimited and history tells us if the opportunity is there, it will absolutely be exploited. Mr. Meeks. Yes, thank you. Ms. Tlaib. The gentleman from Tennessee, Mr. Rose, is recognized for 5 minutes. Mr. Rose. Thank you. Many have expressed concern that Facebook could out-compete banks and non-depository financial institutions and become some sort of financial services monopoly. I understand Facebook has demonstrated a dominance in the social media space, but I want to better understand this financial services monopoly idea. The Libra Association is made up of 28 founding members, with more to come, many of which have played in the payment processing space for a long time. Some of these firms are very large. Visa and MasterCard have billions of cardholders and process trillions of dollars' worth of transactions. Some have argued that this association is a thinly-veiled attempt of Facebook eventually attempting to create a bank. It may or may not be, but I am more reminded of another payment innovation that started in the 1950s and 1960s as associations of like-minded companies: the bank card payment networks. Banks issued their own cards but banded together as regional bank card associations to create networks that worked for the consumers, merchants, and issuing banks. Eventually those associations were spun off as independent companies that we have and use today. I'm not saying that Libra and bank card network innovation are the same thing, but it does strike me that there are similarities and it might be helpful to look at previous case studies to inform how we look at new innovations. Ms. Demirors, if we were to think of Libra like a payment innovation, can you talk a little about the potential similarities between card payment in its early stages and what Libra is or eventually might be? Ms. Demirors. I don't think any of us are saying that Facebook doesn't have the right to innovate. After all, the U.S. is the birthplace of many innovations and we're seeing a wave of financial technology innovations in different areas. I think what we are seeing here is that the ability to compete and to create innovative new financial products and services should be possible, regardless of an institution's size, balance sheet, or political power. I think what Facebook is attempting to do is fundamentally different from creating a card payment network. Facebook is already in the hands of 2.7 billion users. It already is on everyone's phones, on everyone's laptops, and has committed repeated violations of these users' privacy, and what they are attempting to do is not to create a new payment network. What they're attempting to do is pass off this idea as a cryptocurrency, which it is not. They're attempting to use regulatory cover to get away with doing something that would typically be regulated, which is asset management, fundamentally different. Mr. Rose. So, differentiate, go further and differentiate between the consumer protection concerns with what Libra is and what a true cryptocurrency is? Ms. Demirors. My fundamental concern is related to stability. If we think about the various types of risk that investors take when they custody their assets or purchase financial products from an institution--we experienced this in the United States 10 years ago--you are taking inherent risk. When someone purchases a Libra, they're giving up their real world assets. They are giving up fiat, giving it to the Libra Association to receive tokens. These assets are placed in depository banks and institutions around the world. This is a core banking function. This presents risk from counterparties. It presents risk in consumers being able to retrieve the principal that they have used to obtain the Libra tokens, and it presents systemic risk in the context of the broader financial system. Mr. Rose. And why are permission-less blockchains better for consumers? Ms. Demirors. When you buy Bitcoin, when somebody makes a decision to purchase Bitcoin, they are not buying a pool of assets. They are not exchanging their principal for financial instruments. They're buying what is essentially a digital commodity that is backed by its own scarcity and the demand for it. It is not a pooled fund. There are no assets or banks that have to create an instrument that backs the value of Bitcoin. This is fundamentally different. Mr. Rose. As we move forward and we think about this independent association, there comes a time when one would surmise that the participants might want to monetize their interest in the association. I'm curious, Mr. Gensler. You nodded your head. Paint that picture for me. How does that work? Mr. Gensler. I think particularly if the association is associated with the float, the interest that's coming off of this reserve, that would be very attractive. They're monetizing that really upfront called Libra Investment Token. There are two tokens here. I think to your earlier question, if I could just say I don't know if Facebook will be successful. This is their fourth attempt in payments, but we do know in China, the two big companies, Alipay and WeChat Pay, dominate payments, over 90 percent of payments. Ms. Tlaib. The gentleman's time has expired. Mr. Gensler. I think that's what they're going to do. Mr. Rose. I yield back. Ms. Tlaib. The gentleman from Illinois, Mr. Foster, is recognized for 5 minutes. Mr. Foster. Thank you, Madam Chairwoman, and thanks to our witnesses. I'd like to talk a little bit about what the regulation requirements ought to be for not only Calibra but crypto exchanges in general. Do you think, first off, that Calibra and other crypto wallets should be subject to custody and segregation requirements, Mr. Gensler or anyone else? Mr. Gensler. I would say yes, and I think that a custody at Coin Base and Kraken and Gemini and the exchanges has been a honey pot for theft and cybersecurity risk, and that if Congress could step in, maybe not this Congress but a future Congress, to give clear authority, whether it's the SEC or the CFTC, but clear authority to regulate even a Bitcoin exchange, which maybe could be put into this token. Ms. Demirors. I'd like to make a factual distinction. Libra is not a cryptocurrency. Cryptocurrencies are fundamentally different. The business of exchanging cryptocurrencies is a regulated activity and has been for the last 5 years in this country, and so I want to distinguish and draw a very clear line that Libra and cryptocurrency should not be-- Mr. Foster. But they don't differ in terms of the sort of frauds that can take place, frauds, theft of customer assets, everything bad that can happen if you don't have segregation requirements and so on. Mr. Brummer. And could-- Mr. Gensler. I think that's right and Calibra is going to control the Calibra Wallet funds because it's a custody fund. Mr. Brummer. And ultimately, custody is a functional activity and even regardless as to what kind of sort of digital asset you're ultimately dealing with, you have to ask and tailor custodial rules to the nature of what you're trying to regulate. Certain kinds of questions as to what happens to the custodial responsibilities of a bank when there's a fork in that cryptocurrency, those kinds of questions obviously have to be answered, and it's not at all clear as to what those answers in actuality will be. Mr. Foster. Okay. And could you say a little bit about the sort of abuse of trading practices that are possible with current crypto exchanges and might be possible also with Libra, things like front-running, wash trades, all this sort of-- Mr. Gensler. It's all possible. Mr. Foster. Is it taking place? Mr. Gensler. It's a feeling. It's well-documented by a company called, I think it was Bitwise, but you might remember a filing at the SEC about fake trading, but most exchanges around the globe are not regulated, other than this custody issue and for money laundering, but it's rare that they're regulated for manipulative behavior. Mr. Foster. Any anonymously held thing, is there any way to prevent things like wash trades even if they're anonymously held? Mr. Gensler. It's not even about the technology. Around the globe, the largest exchanges are not regulated by the SEC or similar securities regulators. Ms. Demirors. I have to point out, though, many exchanges are in fact regulated by the jurisdictional regulator where they operate and by the customers that they serve. There is a case that is now being tried, New York v. DFS, which is looking at a number of exchanges. The second distinction I would make here is since 2016, all of the exchanges here in the United States that are under the purview of U.S. regulators, including the CFTC, have voluntarily joined the CFTC in creating a market oversight committee that looks at these practices and these accusations that have been leveled around wash trading and there is effort within the industry to self-regulate in absence of clear guidance, but I will say that this wash trading activity is not happening here in the United States because exchanges here are regulated as any other exchange would be. Mr. Gensler. I differ with my fellow witness at the table. The wash trading is absolutely happening here. They're not regulated for market manipulation; they're regulated for custody of the funds and anti-money-laundering. Mr. Foster. It seems like if they are truly anonymous, it's very hard to even identify wash trading if you just don't know who's actually participating in it. Mr. Brummer. And it's notable that in the governance rules, there are no explicit ways to determine potential conflicts of interest or any other kinds of activities. So even from a self- regulatory perspective, as it pertains to Libra, there are no obvious solutions to the problem. Mr. Foster. Then, it relies on the anonymity or the pseudo- anonymity of it is in fact the fundamental design problem absent some way of going for the regulator to going through and finding out that the same person was on both sides, the beneficial owner on both sides of the trade. Unless there's a way to pull the mask off and look and see who's there, there is no way of even detecting it and that's sort of an unsolvable problem as far as I can tell. Let's see. I have 8 seconds left. I want to thank you for your input on this very important subject. I yield back. Ms. Tlaib. The gentleman from Kentucky, Mr. Barr, is recognized for 5 minutes. Mr. Barr. Thank you, Madam Chairwoman. Witnesses, thank you for your testimony and your expertise today. You have been an excellent panel, and this is an interesting topic. We're all learning, and we still have a lot to learn about this. As I was saying earlier to Mr. Marcus, I think the presumption should always be on the side of financial innovation, especially when there's the promise of greater financial inclusion, and reduction of transaction costs and friction. So, I do hope that this will result in a very positive impact on our society, but I do think we should ask probing questions, and I appreciate the panel for offering some healthy skepticism on one point or another. Let me just kind of start with the basics and I think I want to go back to Ms. Demirors. You made the comment that Libra is not the same thing as cryptocurrency. Can you elaborate and explain that to me? Ms. Demirors. Yes, there are three fundamental differences I would like to point out that are also recorded in my written testimony I submitted. Number one is that cryptocurrencies like Bitcoin are decentralized. No one entity or individual can block or censor transactions. Libra, by contrast, has an entity of these 100 members that is able to block/censor transactions and manage the network. Mr. Barr. But only for 5 years, right? Ms. Demirors. That is the claim. I do not know how they plan to decentralize this and they have offered no solid plans. ``Decentralization'' is a word that is used often, but it doesn't really have a tangible measure. It's fairly esoteric. I'm not sure how they will achieve it. The second point I'll make is that Bitcoin is not backed by anything but the demand for it. It is its own asset. It's a digitally scarce asset and it can be likened to a digital commodity. It is a new type of asset which introduces challenges in trying to fit it into a box, but it isn't backed by anything. There's no bank that holds funds. There's no entity that holds funds that are at risk. In contrast, Libra is the opposite. It is backed by a basket of currencies and other securities that are held by such-- Mr. Barr. Stable coin. Ms. Demirors. Yes, that is what they like to call it. Stability is relative, as we have learned through the history of financial crises, but Libra does hold a number of assets that substantiate the value of its token, and so the security of those assets in question are tantamount to securing the principal that users post to obtain Libra. The last point I'll just make is the point of control. Anyone can build on top of the Bitcoin network or most cryptocurrency networks. Anyone can access these things. The code is open source. The network is open just like the internet. It could be considered a public good and people can compete and build businesses. In contrast, I don't know how the Libra network will be open when it's controlled by 100 for-profit corporations that are closely affiliated with Facebook. What I'm asking for here and what I'd like to just point out is that competitiveness and the ability to level the playing field for all types of organizations to be able to compete in the same market is important. Cryptocurrencies are an open market. Libra is proposing a closed controlled market. Mr. Barr. Let me switch to the stable coin idea and the fact that Libra is tethered to this reserve. Isn't that a positive innovation to reduce volatility? Shouldn't we think that this is a positive development? Ms. Demirors. I am not commenting on whether Libra is positive or negative. I am commenting on the fact that Libra is not a cryptocurrency. Libra is an ECF or mutual fund that is backed by assets and I am not arguing that the unbanked don't deserve access. But it's not the body shield. Mr. Barr. Mr. Gensler? Mr. Gensler. I think it's a very interesting innovation that has raised 5 to 10 really important public policy issues, but the idea that there might be a stable value coin backed by a basket of multi-currency risk in Sub-Saharan Africa or in Latin America or in Asia, there might be a demand for it. I wouldn't count it out. Mr. Barr. What is the incentive, besides this unbanked, underbanked problem, what would be the incentive for a banked person or the holder of a fiat currency to exchange it for-- Mr. Gensler. It's very simple. Just like in many countries, sometimes there's a lot of transactions in dollars, because they don't feel comfortable with their central bank, with their monetary authority. It could be countries in very real extreme, like Venezuela or like Ecuador adopted the dollar as an official policy, or it could just be that a lot of things happen. Mr. Barr. Can someone address the risk of disruption to central banking and the disruption to traditional monetary policy? Mr. Gensler. It would definitely disrupt the central banking and monetary policy in these developing countries if they ``Libra-ize'' instead of ``dollar-ize'' and if it got very significant, it could start to influence the four or five or six currencies they have underneath it. So, the dollar is going to be half of this but if the association said it's only going to be 30 percent, you see. It's the transition. Mr. Barr. Thank you all. I'll have lots more questions, I'm sure, as this develops. I yield back. Chairwoman Waters. The gentlewoman from California, Ms. Porter, is recognized for 5 minutes. Ms. Porter. I was told on my way in that coming to give praise to the panelists was not my style, but I'm really here to just thank you in part for your service and for being here and explaining things to the committee. I wanted to pick up on something that Ms. Demirors said about the differences between Libra and cryptocurrency, and a lot of the concerns that I have about Libra, I do not have about crypto. There are issues with cryptocurrency and many of you have illuminated them, but I think your testimony is incredibly important. I wanted to pick up on the point you made about Libra being ``backed in a way that Bitcoin and traditional crypto is not,'' and I wanted to ask, we heard Mr. Marcus talk about how Libra is backed and so I wondered if any of you, Mr. Gensler or Professor Pistor, could talk about, what do you think he means by ``backed'' and how should we have confidence in that, and how is this kind of a backed stable coin different than something like M-Pesa in Kenya, for example? Mr. Gensler. I'm going to agree with my colleague here. This is very different than Bitcoin for the three reasons that she said and for other reasons, as well. I think that it is very different than M-Pesa, but similar in this important way. The central banks and authorities in Kenya said anything in that fund, which was held by the phone company SafariCom, had to be in trust, could not be loaned, and 100 percent of it had to go into the Kenyan banking system as deposits, and similarly, in China, they made it even more restricted, 100 percent had to go to the central bank. So, that's where the similarities are. It's different because this is multi-currency, and currently it's very different because they're saying don't treat us like a bank, don't treat us like a narrow bank and your exposition about the wildcat banking era of the 19th Century was very helpful. Ms. Porter. Others? Ms. Pistor. Yes, I think that can mean different things. It's not that the customers have a direct claim against the reserve but the idea is that the reserve will be held in safe assets and therefore will be able to provide liquidity. Of course, the important point that I'm trying to make in my testimony is that the safety comes from public-backed stopping in the countries that provide these safe assets. So, it's ultimately a public service provided to a private company. Ms. Porter. Right. And when we talked with him about the corresponding purchase with the FDIC, for example, I asked Mr. Marcus, do you think that Libra would be subject to the FDIC, to some kind of insurance scheme, like what is the backstop, so that when you tell customers that this is backed, that they know what they're getting, what kind of backstop and security they have? I wanted to ask--he didn't take me up on my offer to have the FDIC regulate Libra. I was happy to run through the alphabet soup. He can choose one of the weaker regulators, like the OCC, if he prefers. There's an alphabet soup here we could offer him. I wonder if you all could comment and we can just go from right to left here quickly, which regulators, and it could be more than one, do you think are appropriate for Libra? Mr. Brummer. One comment and observation that I recently had was whether or not Facebook, if it was to become a bank, would even satisfy the de novo review process from a banking regulator. It's entirely uncertain as to whether or not they would receive a license. Certainly, the ambiguity with the term ``backed'' is played throughout the White Paper where, on the one hand, especially if you're describing yourself as a currency board, you're thinking about ``backed'' in a kind of a monetary sense, but what they're really doing and what you see in the structure of what they're doing is creating an ETF, and yet you're creating the ETF but you're using the language of a kind of monetary world and that kind of obfuscation is not at all helpful to a potential purchaser, but certainly at a base level infrastructure, regulatory infrastructure level, you're going to have to go with some securities level, securities regulatory oversight through the 1940 Act and then looking at what differentiates in terms of both the breadth and the other characteristics and the systemic, potentially systemic implications to ramp up from there. Ms. Porter. Yes. This is a Full Committee hearing. It isn't clear to me whether this is a problem for the Investor Protection Subcommittee or the Consumer Protection Subcommittee. Ms. Pistor. I think the problem is that many of our categories don't easily fit and part of financial innovation, of course, is to create something that does not fit existing structures. That's part of how we get the comparative advantage and I think they're using the language in a very smart and discriminate way and I think to avoid the kind of regulatory framework that we have. Let me add one more thing, which is, of course, we're talking about a multi-jurisdictional regulatory approach that would be needed for a global currency. So even if you figure it out in the United States, you need to think about how complementary regulators are elsewhere. Mr. Gensler. SEC. Ms. Porter. My time has expired, but I would just welcome each of you to please follow up with me with your thoughts on this. I'm very interested. Chairwoman Waters. Thank you. I will now recognize myself for 5 minutes, and let me thank the panel for being here. You have spent some long hours here, while all of our Members have taken the opportunity to ask questions of Mr. Marcus, but I certainly appreciate your participation here today, and I thank you all for helping to unfold and make transparent some of the information that we should have had access to that we didn't get in the White Paper. Let me ask you this, because I've listened to many of the questions that you've been asked and you've covered an awful lot, but I've been thinking about the association and I've been thinking about the fact that the association includes about 27 or 28 companies, and Mr. Marcus said that they were targeting about 100. But do you think that it's going to go well beyond that number because of what we are looking at? Are we looking at big companies with big databases that supply whatever goods and services and with the Libra, the Libra will be the currency that you have to have in order to get these goods and services, or am I just daydreaming about this? Mr. Brummer, what do you think? Mr. Brummer. Certainly, they have not disclosed exactly what the selection criteria would be for ramping up even to 100 members. You have to expect that given the resources available to the existing members, that the entry point and the expectations of new members would be very large, and there's no clear path to reaching the kind of decentralization and decentralized infrastructure that Mr. Marcus is promising in terms of evolving into a Bitcoin-like infrastructure. Like you, I do have doubts as to how quickly they would be able to ramp up, much less become a permission-less system. Chairwoman Waters. Do you think they are thinking beyond 100 members of this association? Because, remember what he said, ``Well, there's going to be a smaller governing group that will be making these decisions, I guess, for everybody.'' So, could there possibly be thousands of companies in this association? Mr. Gensler. There's nothing that forbids it, and if it helps the distribution of a product, economic rationale would be to help distribute the Libra, so-- Ms. Demirors. But if I may, Chairwoman Waters, I think what we've seen historically in attempts by multinational many- member consortia consisting of thousands of members to govern something that does involve profit and distribution of returns and we're speaking about the largest consumer base in the world, 2.7 billion users, that is going to quickly become contentious. If we look at much smaller organizations, comprised of smaller membership, they have many governance challenges, and my concern is that in the Libra White Paper, this governance structure is not clearly laid out. It's not laid out where the balance of power will be or if there is any one overriding party or entity that makes decisions in the case that the parties that are members of the association do not agree. Chairwoman Waters. Has there been any discussion--yes, Mr. Weissman? Mr. Weissman. Yes. I think that the Facebook vision is clear actually. I think it's that they intend to have an oligopoly that they dominate. It is a cartel. Absolutely, they want to-- Chairwoman Waters. A cartel-- Mr. Weissman. Yes. Chairwoman Waters. --to dominate. Mr. Weissman. Past 100. Chairwoman Waters. Is it possible that all of these companies with big data could end up with all of this data being merged into a humongous amount of individuals in this database that they could be merchandizing to, they could be marketing to? Is that a part of what's going on here? Ms. Demirors. I think until there's more transparency on how the association intends to make money, the organizations that join have to have over a billion dollars in assets and contribute $10 million to join, not just anyone can join this association, and in fact, no one was able to ask to join. I was not invited. None of the firms I work with were invited, and so I think that's for me the fundamental question. If Facebook aspires to create this open permission-less consortium that everyone can benefit from, then why is the selection process opaque and why does it only involve affiliates and associates of Facebook and its executives? That would be my question. That's not a criticism, but I think more transparency is certainly needed. Chairwoman Waters. That's my question, too, and I basically define this as, ``the Billion Dollar Boys are taking over.'' Thank you very much. Now, we are going to hear from the gentleman from California, Mr. Sherman. You're recognized for 5 minutes. Mr. Sherman. Thank you. We've heard from Facebook that they're absolutely dedicated to adhering to the anti-money-laundering and Know-Your-Customer rules. Mr. Brummer, if they were that dedicated, why would they hire as the head of the operation someone who was head of PayPal when they were fined $8 million for violating anti- money-laundering laws? Mr. Brummer. I cannot answer that question. Mr. Sherman. None of us can. And will our anti-money- laundering laws be binding on an institution headquartered in Switzerland and made up of international businesses, Mr. Brummer? Mr. Brummer. Well, certainly U.S. rules would not apply. Mr. Sherman. Those are the ones I'm talking about, yes. Mr. Brummer. U.S. rules would not apply, and the bigger risk obviously lies with those jurisdictions that are so weakly regulated that they're falling outside of international agreements, like the ones that FATF has recently agreed to in June. Certainly Swiss rules, particularly relating to both privacy and also relating to financial regulation, are not just different but have historically been considerably weaker, and real questions do arise as to the ability to enforce and to promote the kinds of norms and safeguards that we have here in the United States. Mr. Sherman. Okay. The history of currency, and I see we've got a ``Zuck Buck'' behind you, the history of the dollar, first it was based on how much gold we had in reserves. And only when we had an ounce of gold, did we print $35. Then, we started printing more than we had in reserves. Then, we got to the point where we made it nonredeemable and now the dollar is valuable. Gold is an interesting thing. It's a nice thing to have, but nobody says, ``I'm not interested in having U.S. dollars because they're not tied to gold.'' If Zuckerberg can replicate that, then he can do what only the U.S. Government can do and that is print to reserve currency. They've promised that they won't do that but that it will always be one-to-one, but, Ms. Pistor, is that promise from Facebook binding on the Libra committee? Ms. Pistor. No, the association could, with a two-thirds majority, change that. Mr. Sherman. And if they change that, that means they get to print money. That would be quite an incentive to change it. Ms. Pistor. Yes. I would think that a private organization has a problem with doing what the United States did in the 1970s because what they cannot do is unilaterally basically put the productivity of an entire country on the line, which is back-- Mr. Sherman. That's true. Ms. Pistor. But they could try. Mr. Sherman. People are creatures of habit. If I can go on Amazon and buy a bunch of neat stuff for a thousand Libra or Zuck Bucks and then as long as I can do that, they're valuable things to have. Why don't I address this to Mr. Gensler? We have a problem in that people in Los Angeles are sending money to their grandparents in Guatemala and they're being charged 7 or 8 percent sometimes to do that. How is a Guatemalan grandmother supposed to buy a bag of food for a bunch of Zuck Bucks? We're told that if we don't buy into this wonderful new thing, that we're disadvantaging that grandmother, but is this cryptocurrency really a solution for her? Mr. Gensler. What we found is Bitcoin, for all it is really innovation, it is not being used that much in retail transactions for the exact reason you're mentioning. Mr. Sherman. And certainly not in rural Guatemala. Mr. Gensler. What would have to happen is that some service provider would provide the technology so that behind the scenes the Libra or this Zuck Buck, as you referenced, would be traded for the local currency so that the store owner could get the local currency and there would be some crypto exchange or hedge fund-- Mr. Sherman. It sounds every bit as expensive as what's going on now. I yield back. Chairwoman Waters. Thank you. The gentlewoman from Michigan, Ms. Tlaib, is recognized for 5 minutes. Ms. Tlaib. Thank you, Madam Chairwoman. Thank you all so much for being here. I have to tell you I'm learning a tremendous amount. The younger people on my team have been watching this closely and teaching me a lot, but the more I listen, and I was forced to stay here a little bit longer, which is okay, I was able to hear a lot more and learn more, but one of the things that comes to mind, and we'll talk about this, is this whole thing around systemically important financial institutions. I want to get there, but first, Mr. Brummer, how do you feel about a private company issuing currency? What ramifications do you all see? You all talked about it. Historically, have you ever seen outside-- Mr. Brummer. Right. We have. What a private company does with money--when you use other people's money, then you should normally expect that the government or some kind of regulatory regime is going to want to know what you're doing with it and have you rightfully accessed or received that money, and whether or not it be an example, wildcat banking where you're not just taking the money, you're not keeping it entirely in reserve, but you're lending it on to someone else, creating certain kinds of risks. The challenge is when you have a private institution that's not just lending its own money but is lending with other people's money, and when they're trying to do that without offering the kinds of proper safeguards or disclosures to relevant stakeholders and investors, and that's when the red flags are raised. Ms. Tlaib. Okay. This question goes to everyone on the panel. In thinking about how to protect the residents, my residents at home, they're going to see this and they are not going to fully understand it, just like I didn't before I came here, the possibility of the Libra Association's failure, and if anyone on this panel can explain the systemically important financial institution, if they get labeled as too-big-to-fail, how is this connected to what we're talking about now, that this could be a possibility? Mr. Gensler. Can I just mention one thing that's buried in their White Paper and documents? They're trying to negotiate with central banks around the globe to get accounts at central banks, and your residents in your community have accounts at commercial banks, but an account at the central bank is quite different. That means that you get access to the discount window, the lender of last resort. I surely hope that Chairman Powell and others at the Federal Reserve would not give that to this association, but if it was very large, that would go to answer your question. At some point in time-- Ms. Tlaib. But isn't that possible? Mr. Gensler. --in 2008, there were decisions made by good men and women trying to stop this country from going into crisis and they made decisions that many of us even said, that wasn't the right thing, to bail something out, but the Libra Association is already negotiating with central banks to try to get access to central bank money or accounts and that's what would happen if it was systemic. Ms. Tlaib. Did you have something, Mr. Weissman? Mr. Weissman. There's another element that I think we're not focusing on enough that relates to your constituents, and everyone's constituents. What Facebook wants is that transactions that occur in Libra, wher3e people sell things, provide things, in Libra, using Calibra, whatever, but when you have a borderless privatized currency, you now have created this global market with no reasonable regulation. They're talking about payday lending. They're talking about providing financial services in Libra. So all of the problems we know now with abusive financial lending, orders of magnitude worse because you've got jurisdictional problems and secrecy problems that have no possible plausible answer. Ms. Demirors. I'll also add, if I may, the disclosure aspect is very important. As many of us on this panel have mentioned, Libra represents an investment product that would typically be regulated under the 1940 Act, and so it's very important that people who receive Libra who may not know what they're getting, are educated as to what they're receiving. Financial education has been problematic across a number of different asset classes in this country's history and so the disclosure component, I think, is important in ensuring people understand the risk they're taking when they choose to take their dollars and turn them into Libra. Ms. Tlaib. Thank you. And I'll put the questions into the record, Madam Chairwoman, if that's permitted, but I want you all to know, one of the things I told Mr. Marcus is about the monopoly, the small group of friends that is being created with--the fact that a member can vote in contrary to the position advocated for Facebook, what would happen, what retaliation? There's this dynamic that's there, that I think needs to be fleshed out. We need another hearing for that. Thank you. Chairwoman Waters. Thank you. The gentleman from Illinois, Mr. Garcia, is recognized for 5 minutes. Mr. Garcia of Illinois. Thank you, Madam Chairwoman. I'd like to thank the panel for bearing with us and all the questions. I have a question on banking commerce for Mr. Weissman. In your written testimony, you mentioned that the Calibra Facebook arrangement, ``may run afoul of the bank holding company requirement,'' which enshrined the historic separation between banking and commerce. The regulatory framework in our country governing bank regulations established law between banking and commerce for a long time. The guiding principle of this separation, that banks should engage in impartial credit allocation, helps guard against market manipulation, conflicts of interest, and anti- competitive behavior. When the lines are blurred, problems have emerged, such as during the gilded age when JPMorgan monopolized railroads and manipulated rates. More recently, in 2013, the New York Times revealed that Goldman Sachs had bought up more than a quarter of the aluminum market and had used this ownership of the aluminum warehouse to inflate prices of aluminum, costing consumers $5 billion. Mr. Weissman, would you please share why this principle is so important and what implications does Libra have for the erosion of this principle? Mr. Weissman. Your question illustrates many of the key examples. The problem is that banks get a lot of money and they get a lot of information and they're incentivized to use their money in risky ways, capitalizing on special information that they have. Now, you think about Facebook. If Facebook becomes both a social media oligopolist monopolist that it is and a major financial services provider, all of a sudden, let's just set aside their claim that they're going to respect privacy lines, assuming there's a firewall, all of a sudden now they can combine their financial information with their social media platform. They can advertise to you based on what you're buying. They can go into the business of providing goods and services and give you a discount in Libra. In fact, that's part of the plan, just not within for Facebook to be the provider but to be within the association. So the possibility is both for unjust competition and squeezing out any rival who's not part of the Facebook ecosystem, part of the ability to manipulate and misuse information they get from the financial side and to the non- financial side, and there are problems that really don't lend themselves to regulatory solutions. There's a reason we've had that wall. It's served us well. When we've breached it, as you say, we've paid the price. If we breach the principles here, I think we're certain to pay the price down the line. Mr. Garcia of Illinois. Switching gears, there have been reports that President Trump intends to nominate Judy Shelton to the Federal Reserve Board of Governors. She has come out in favor of private currencies. In a speech that she made last year, she proposed a new international monetary system, saying an approach, ``that permits the issuance of virtual currencies in tandem with government-issued currencies adapting legal tender laws to permit healthy currency competition should be put forward.'' If the Federal Reserve loses supremacy over control of the money supply, what challenges might that create? Mr. Weissman. I'll go first, and you can give the better answer. They're endless. That means the Fed can't create--that we've lost control of monetary policies. We've lost control of public influence over the direction of the economy. We're also almost guaranteeing systemic risk in situations where you're going to have again massive bailouts because the private currency, when it fails, and it will, is going to need some massive bailout from whom? From the public. Mr. Garcia of Illinois. Any others? Mr. Gensler. I think that the crypto movement, Bitcoin and the crypto movement has performed one thing. It's a private form of money, even Bitcoin, and it's putting some competition on central banks around the globe to take their legacy payment systems and move them into the 21st Century more fully. I actually say there's a balance. The Bitcoin and the crypto movement has created some competition for this public good, but then to the second part of the question, some central banks, like Sweden, are looking at issuing a central bank digital currency. It would still be government currency, but the public would have access directly to central bank reserves, and in Sweden you wouldn't just rely on the commercial bank. So, that would be competition from the commercial bank. Mr. Garcia of Illinois. Any final word on this, Ms. Pistor? Ms. Pistor. Exactly the point. I think that we should think about the form which could be crypto, but it could also be issued by a public agent, such as a central bank. Mr. Garcia of Illinois. Thank you. I yield back, Madam Chairwoman. Chairwoman Waters. Thank you very much. Is there anyone else who seeks recognition? [no response] Chairwoman Waters. I think not, and let me just say to the witnesses how grateful we are that you have come today and you've spent time and you've helped us to formulate questions in the way that you've shared information with us, and so we're very appreciative on both sides of the aisle, and while we normally do not do this, for the few of us who are here, I'm going to break another rule. Can we give them a round of applause? [applause] Mr. Gensler. Thank you. Chairwoman Waters. Thank you very much. Prior to leaving, we're going to take another action we don't normally take, but I will yield 5 minutes to the ranking member for a closing statement. Mr. McHenry. We're each getting 5 minutes for a close? Chairwoman Waters. Yes. Mr. McHenry. Okay. Just to be clear, the M1 supply of money in the United States is approximately $4 trillion, $3.8 to $4 trillion. We're talking about a private currency that has one to two billion users who could potentially use this product. I don't know how history is going to judge this hearing. I fear not well, though. There's a breathlessness to the hyperventilation about Facebook. I get that. We've seen that. We've seen that because of their use of data, consumer data. We've seen that because of how they responded, as well, but there's something additional here, which is that people fear something they don't understand. Facebook is using a language of cryptocurrency and digital currency. They're using the words of blockchain technology, but what they've created is actually perfectly not either. They're creating something different. But there is this underlying fear among policymakers here on the Hill because they don't understand cryptocurrency and digital assets. That's my fear, is that this will not wear well historically, the concerns raised, the questions raised, and it's because politicians, when they don't understand innovation, they want to kill it. There's a reaction and a quick response to it. We've even had folks at the hearing today who actually used the very quote that I was talking about, the hyperventilating nature of the headlines around Project Libra and actually more broadly about cryptocurrency. I opened with that, and we had a Member later use the exact same quote as a knock against Project Libra. We also had a member of the committee speak of this as a terrorist act, as one of the worst moments in the history of the last generation, an attack on our country, and likened Project Libra to that. I don't think this is going to wear well. There are legitimate concerns about this and I think of substance, I think that will wear well and including what this panel has said, but there are massive forces at play, massive skepticism of Facebook, that's clear. There are also massive anti-competitive forces at play. If you want to lower the cost of payments domestically and globally, we need innovation. It is absurdly high for somebody to remit money back to their family at home, absurdly high. Now, we don't want terrorism financing. We want those important protections. We also want that immigrant to be able to send their money to their loved ones or for somebody to be able to move their money more readily and more cheaply. We want those innovations. So, we need a new framework to do that. We have a technology here that is going to do that and it has this great opportunity to do that. We want to ensure people are protected, in particular consumers, but you can't knock every new innovation because it's a new idea and you cannot ban a new idea from even pursuing the regulatory framework to operate. That is absurd. It is wrong. But what I think this hearing does, and I think the discussion by our government around Project Libra highlights the nature and the utility of cryptocurrency, digital currencies, in particular Bitcoin, and as I said earlier, due to the nature of the technology of Bitcoin, governments cannot kill it nor should they, and you can't kill digital currencies broadly. They will be enduring. They will be strong. That is the new framework of the next generation of the internet. That is clear and in a generation, I hope that there's some statements here today that will still be pointed to as factual and correct about what we will live through in this iteration of financial technology, and I hope there won't be much that is laughed at in 30 years. My fear is, however, that the reactionary element that was brought up here today in part will be dealt with, with great disdain, after the next generation of internet technology. I do think, however, it was a really good hearing, because we now have before Congress a deeper understanding about these digital assets and the breathtaking speed at which the world is changing and how we have to catch up, and with that, thank you, Chairwoman Waters, for the opportunity to close, and thank you for hosting today's hearing. Chairwoman Waters. Thank you very much, Mr. McHenry. Allow me to begin my close with the fact that our Members did an extraordinary job today. Both sides of the aisle came well-prepared to ask significant questions. As a matter of fact, I believe that we had Members on our committee today who went a lot deeper than many of those observing what took place today ever expected them to do. I'm very pleased with the interest. I'm also very pleased that we had some of our Members saying that this was the most significant hearing we've had since the last election and this committee was reorganized, and so I'm very pleased about that. Let me just say I'm so pleased about the panel who is here today. This is a panel that we absolutely needed to have here. We don't know what it is, and when I first saw the White Paper unveiled, I went into almost a state of shock. I could not believe what I was seeing, that this massive effort was underway and we didn't know what it was, where it was going, how it was organized, who owned it, all of that, and so I determined as the Chair of this committee that we were going to move on it right away, that we were going to hold a hearing, that we were going to get involved in this and not wait until destruction takes place. As a matter of fact, you heard some of our Members today talk about--I think it was Mr. Meeks, he never envisioned what was to happen in 2008 with that subprime meltdown that we had with our financial institutions basically hitting the dust and leaving everybody hanging and all of the harm that was done to our constituents and communities where foreclosures took place and people had been involved and signing on the dotted line for mortgages that they didn't understand. We don't intend for that to happen with this. We are going to put the time in on it and we are going to learn a lot more about where all of the money is, who makes all of the money, and how it is done. When we say we don't know what it is, we don't know if it's a bank, if it's just a transmitter of payments, what it is, but we're going to find out. This representation that the association, I believe, is working as a nonprofit--no corporation this big and this powerful works as a nonprofit without making a lot of money, and while I am very appreciative for the fact that it has been represented that this is all about servicing the unbanked, that sounds good, but I'm very appreciative for the fact that somehow Libra is going to solve all of the problems of the dollar because the dollar is just not functional. The last time I had money in my pocket, it worked very well, so I'm not only focused on it and our Members are vitally interested in it, I think we sent a message today. I think we sent a message that no matter how big and no matter how powerful Facebook and all those who are aligned with Facebook and this association think they are and how they have advanced in our society in ways that they've collected huge data and how they have been using that data and how they sell that data and how they plan perhaps to sell even more data, I think we sent a message to them today that we are focused. We're focused. We're watching. We're on it. We're involved in it. We're going to use all of our time learning everything we can about it, and for those who say that we don't have an appreciation for innovation, that's not true. We have an appreciation for innovation, but we don't have an appreciation for those who have something masked simply as innovation that is a global effort for control of a currency, of a cryptocurrency. And so again, I thank the members of this committee on both sides of the aisle. I thank our panel, and I even thank Mr. Marcus for coming and attempting to answer the questions that we were asking him. He didn't answer my question about whether or not he would support a moratorium, and certainly he didn't answer the question about whether or not there should be a regulator of any kind, and certainly not FSOC, that could oversee them, so even though a lot of the questions were skirted, it has been suggested that certainly we should have more hearings and we should get Mr. Zuckerberg here himself. I'm on board with that. Thank you very much for being here, and let me just say that we have some information that we have to share with you before you leave that's called adjournment information. The Chair notes that some Members may have additional questions for this panel, which they may wish to submit in writing. Without objection, the hearing record will remain open for 5 legislative days for Members to submit written questions to these witnesses and to place their responses in the record. Also, without objection, Members will have 5 legislative days to submit extraneous materials to the Chair for inclusion in the record. And with that, this hearing is adjourned. Thank you. [Whereupon, at 4:47 p.m., the hearing was adjourned.] A P P E N D I X July 17, 2019 [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] [all]