97-24388. Strategic Plan  

  • [Federal Register Volume 62, Number 179 (Tuesday, September 16, 1997)]
    [Notices]
    [Pages 48613-48628]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-24388]
    
    
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    COMMODITY FUTURES TRADING COMMISSION
    
    
    Strategic Plan
    
    AGENCY: Commodity Futures Trading Commission.
    
    ACTION: Request for comments.
    
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    SUMMARY: The Commodity Futures Trading Commission, in accordance with 
    the requirements of the Government Performance and Results Act, has 
    developed a draft Strategic Plan which was submitted to the Office of 
    Management and Budget on August 15, 1997. The Commission is now 
    soliciting comments on the draft plan.
    
    DATES: Comments must be received on or before October 16, 1997.
    
    ADDRESS: Comments on the strategic plan may be sent to Jean A. Webb, 
    Secretary, Commodity Futures Trading Commission, Three Lafayette 
    Centre, 1155 21st Street, NW, Washington, DC 20581. Comments may be 
    sent by facsimile transmission to (202) 518-5528 or by electronic mail 
    to secretary@cftc.gov. Reference should be made to ``Strategic Plan.''
    
    FOR FURTHER INFORMATION CONTACT: Madge A. Bolinger, Office of Financial 
    Management, Commodity Futures Trading Commission, Three Lafayette 
    Centre, 1155 21st Street, NW, Washington, DC 20581 (202) 418-5180.
    
    SUPPLEMENTARY INFORMATION: The Government Performance and Results Act, 
    5 U.S.C. 306 (``GPRA''), requires all agencies to develop and submit 
    strategic plans to the Congress and the Office of Management and Budget 
    no later than September 30, 1997. The Commission has developed its 
    plan, ``Vision and Strategies for the Future: Facing the Challenges of 
    1997 through 2002,'' which establishes the goals, outcome objectives 
    and strategies for the next five years. Public comment is now being 
    sought on the strategic plan.
        The Commission's draft Strategic Plan is set forth below.
    
        Issued in Washington, DC, on September 8, 1997, by the 
    Commission.
    Jean A. Webb,
    Secretary to the Commission.
    
    Vision and Strategies for the Future: Facing the Challenges of 1997 
    Through 2002
    
    Commodity Futures Trading Commission Strategic Plan 1997-2002
    
    August 1997
    
    Draft
    
    Table of Contents
    
    Vision Statement
    Mission Statement
    Economic Benefits of Futures Trading
    Profile of Market Users
    Current Perspective on the Industry
        U.S. Commodity Exchanges
        Map of CFTC-Regulated Commodity Exchanges
        Number of Registered Commodities Professionals
        Number of Contract Markets
        Volume of Trading
        Managed Funds
    Strategic Goals & Objectives
        Goal One--The Marketplace
        Goal Two--The Market Users
        Goal Three--The Environment
        Summaries of Outcome Objectives & Activities
    Achieving the Goals: Strategies to Mission Performance--1997-2002
        The Environment
        The Strategies
    Achieving the Goals: External Challenges--1997-2002.
        The Challenges
        The Strategies
    Achieving the Goals: Internal Challenges--1997-2002.
        The Challenges
        The Strategies
    Achieving and Measuring Performance
        Achieving Performance
        Measuring Performance: The Annual Performance Plan
    Relating General Goals and Objectives to Performance Goals and 
    Program Evaluation.
    Appendix
        Understanding the Fundamental of Commodity Futures and Options
        Addresses of the Commodity Exchanges & Designated Self-
    Regulatory Organizations
        CFTC Offices.
        CFTC Team
        Commission Concurrence
        Publications and Information
    
    Vision Statement
    
        For the years 1997 through 2002, the Commodity Futures Trading 
    Commission will:
        Preserve and promote the vital role America's commodity markets 
    play in establishing fair prices for goods and services and managing 
    the risks of their production, marketing, and distribution in the world 
    economy.
    
    Mission Statement
    
        The mission of the Commodity Futures Trading Commission (CFTC) is 
    to protect market users and the public from fraud, manipulation, and 
    abusive practices related to the sale of commodity futures and options, 
    and to foster open, competitive, and financially sound commodity 
    futures and option markets.
    
    Background
    
        The Commodity Futures Trading Commission was created by Congress in 
    1974 as an independent agency with the mandate to regulate commodity 
    futures and option markets in the United States. The agency's mandate 
    was renewed and expanded in 1978, 1982, 1986, 1992, and 1995.
        Today, the CFTC is responsible for ensuring the economic utility of 
    futures markets by encouraging their competitiveness and efficiency, 
    ensuring their integrity, and protecting market participants against 
    manipulation, abusive trade practices, and fraud. Through effective 
    oversight regulation, the CFTC enables the commodity futures markets 
    better to serve their important function in the nation's economy of 
    providing a mechanism for price discovery and a means of offsetting 
    price risk.
        Futures contracts for agricultural commodities have been traded in 
    the U.S. for 150 years and have been under federal regulation since the 
    1920s. In recent years, futures trading has expanded rapidly into many 
    new markets, beyond the domain of
    
    [[Page 48614]]
    
    traditional physical and agricultural commodities. Futures and option 
    contracts are now offered in a vast array of financial instruments, 
    including foreign currencies, U.S. and foreign government securities, 
    and U.S. and foreign stock indices.
    
    Economic Benefits of Futures Trading
    
    Why Were Futures Markets Created?
    
        The frantic shouting and signaling of bids and offers on the 
    trading floor of a futures exchange undeniably convey an impression of 
    chaos. The reality, however, is that chaos is what futures markets 
    replaced. Prior to the establishment of central grain markets in the 
    mid-nineteenth century, the nation's farmers carted their newly 
    harvested crops over plank roads to major population and transportation 
    centers each fall in search of buyers. The seasonal glut drove prices 
    to give-away levels and, indeed, to throw-away levels as grain often 
    rotted in the streets or was dumped in rivers and lakes for lack of 
    storage. Come spring, shortages frequently developed and foods made 
    from corn and wheat became barely affordable luxuries. Through the 
    year, it was each buyer and seller for him- or herself, with neither a 
    place nor a mechanism for organized, competitive bidding. The first 
    central markets were formed to meet that need. Eventually, contracts 
    were entered into for forward as well as for spot (immediate) delivery. 
    So-called forwards were the forerunners of present day futures 
    contracts.
        Spurred by the need to manage price and interest rate risks that 
    exist in virtually every type of modern business, today's futures 
    markets have also become major financial markets. Participants include 
    mortgage bankers as well as farmers, bond dealers as well as grain 
    merchants, and multinational corporations as well as food processors, 
    lending institutions, and individual speculators.
        Futures prices arrived at through competitive bidding are 
    immediately and continuously relayed around the world by wire and 
    satellite. A farmer in Nebraska, a merchant in Amsterdam, an importer 
    in Tokyo, and a speculator in Ohio have simultaneous access to the 
    latest market-derived price quotations. And, should they choose, they 
    can establish a price level for future delivery--or for speculative 
    purposes--simply by having their broker buy or sell the appropriate 
    contracts. Images created by the fast-paced activity of the trading 
    floor notwithstanding, regulated futures markets are a keystone of one 
    of the world's most orderly, envied, and intensely competitive 
    marketing systems.
        Indeed, it is an example of a classical free market with many 
    buyers and sellers, no one of whom has dominant market power, achieving 
    an equilibrium price level through open exchange of supply and demand 
    information.
    
    Economic Benefits
    
        In a competitive market economy, there is general agreement among 
    economists that a market for a product would be perfectly competitive 
    if:
         many buyers and sellers met openly, and no one 
    individually controlled the market;
         the commodity was standardized so all knew the grade and 
    quality of the product being traded; and
         buyers and sellers could enter the market freely, and 
    participants had full knowledge of available supply and demand for 
    their product.
        While no market meets that ideal, futures markets come closer to it 
    than most others and yield significant economic benefits:
         Price Discovery. With many potential buyers and sellers 
    competing freely, futures trading is a very efficient means of 
    determining the price level for a commodity. This is commonly referred 
    to as price discovery.
         Hedging Risk. Futures markets give producers, processors, 
    and users of commodities and financial instruments a means of passing 
    the price risks inherent in their businesses to traders who are willing 
    to assume those risks. In other words, commercial users of the markets 
    can hedge--enter into an equal and opposite transaction to their cash 
    market position in order to reduce the risk of financial loss due to a 
    change in price--and, through hedging, lower their costs of doing 
    business. This results in a more efficient marketing system and, 
    ultimately, lower costs for consumers.
         Market Information. Since futures markets are national and 
    worldwide in scope, they act as a focal point for the collection and 
    dissemination of statistics and vital market information.
    
    Profile of Market Users
    
    Hedgers
    
        The details of hedging can be somewhat complex, but the principle 
    is simple. Hedgers are individuals and firms which make purchases and 
    sales in the futures market solely for the purpose of establishing a 
    known price level for something they later intend to buy or sell in the 
    cash market (such as at a grain elevator or in the bond market). In 
    this way, they attempt to protect themselves against the risk of an 
    unfavorable price change in the interim. Or hedgers may use futures to 
    lock in an acceptable differential between their purchase cost and 
    their selling price.
        The number and variety of hedging possibilities are extensive. A 
    cattle feeder can hedge against a decline in livestock prices, and a 
    meat packer or supermarket chain can hedge against an increase in 
    livestock prices. Borrowers can hedge against higher interest rates, 
    and lenders against lower interest rates. Investors can hedge against 
    an overall decline in stock prices, and those who anticipate having 
    money to invest can hedge against an increase in the overall level of 
    stock prices.
        Whatever their hedging strategy, a common denominator is that 
    hedgers willingly give up the opportunity to benefit from favorable 
    price changes in order to achieve protection against unfavorable price 
    changes. In essence, they acquire a form of price insurance.
    
    Speculators
    
        If you were to speculate in futures contracts, the person taking 
    the opposite side of your trade on any given occasion could be a hedger 
    or another speculator-someone whose opinion about the probable 
    direction of prices differs from your own.
        Speculators are individuals or firms who seek to profit from 
    anticipated increases or decreases in futures prices. In so doing, they 
    help provide the risk capital needed to facilitate hedging.
        Someone who expects a futures price to increase would purchase 
    futures contracts in the hope of later being able to sell them at a 
    higher price. This is known as ``going long.'' Conversely, someone who 
    expects a futures price to decline would sell futures contracts in the 
    hope of later being able to buy back identical and offsetting contracts 
    at a lower price. The practice of selling futures contracts in 
    anticipation of lower prices is known as ``going short.''
        One of the attractive features of futures trading is that it is 
    equally easy to profit from declining prices (by selling) as it is to 
    profit from rising prices (by buying).
    
    Floor Traders
    
        Floor traders, or locals, who buy and sell for their own accounts 
    on the trading floors of the exchanges, play an important role as 
    futures market participants. Like specialists and market makers at 
    securities exchanges, they help to provide market liquidity. If there 
    is not a hedger or speculator who is immediately willing to take the 
    other side of an order at or near the going price, there may be a floor 
    trader who
    
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    will do so, in the hope of being able to make an offsetting trade at a 
    small profit minutes or even seconds later. In the grain markets, for 
    example, there is frequently only one-fourth of a cent per bushel 
    difference between the prices at which a floor trader buys and sells.
        Floor traders create more liquid and competitive markets. However, 
    it should be noted that unlike market makers or specialists, floor 
    traders are not obligated to maintain a liquid market or to take the 
    opposite side of customer orders.
    
    Current Perspective on the Industry
    
    U.S. Commodity Exchanges
    
        There are 11 commodity exchanges in the United States, located in 
    six cities. These self-regulatory organizations are responsible, 
    subject to CFTC oversight, for the operation of the exchange and the 
    business conduct and financial responsibility of their member firms.
    History
        As the economy of the United States expanded during the early part 
    of the nineteenth century, the commodity exchanges evolved from 
    unorganized club-like associations into formalized exchanges. In 1848, 
    the first formal exchange, the Chicago Board of Trade, was established 
    with 82 members. And on March 13, 1851, the first contract was traded 
    on this exchange, encouraged by the trading standards, inspections 
    system, and weighing system prescribed by the board members.
        Trading on the Chicago Board of Trade was considerable, and by 1870 
    futures trading also began on the New York Produce Exchange and the New 
    York Cotton Exchange. By 1885, the New York Coffee Exchange was 
    actively trading futures contracts. Since the second half of the 
    nineteenth century, the growth of these exchange institutions has been 
    steady and continuous-evolving into the 11 U.S. commodity exchanges, 
    designated as contract markets by the CFTC, that are used today.
        The total volume of futures contract and option trading on all 
    exchanges in the United States now has a notional value of billions of 
    dollars per day. The commodity exchanges have become an indispensable 
    financial tool for the world's markets.
    
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    BILLING CODE 6351-01-C
    
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    Number of Registered Commodities Professionals
    
        Companies and individuals who handle customer funds or give trading 
    advice must apply for registration through the National Futures 
    Association (NFA), a Congressionally authorized self-regulatory 
    organization subject to CFTC oversight.
        The Commission regulates the activities of over 62,000 registrants:
    
    ------------------------------------------------------------------------
                                                                     Number 
                    Type of registered professional                  in 1997
    ------------------------------------------------------------------------
    Associated Persons (Sales People).............................    45,850
    Commodity Pool Operators (CPOs)...............................     1,351
    Commodity Trading Advisors (CTAs).............................     2,606
    Floor Brokers (FBs)...........................................     9,299
    Floor Traders (FTs)...........................................     1,331
    Futures Commission Merchants (FCMs)...........................       233
    Introducing Brokers (IBs).....................................     1,538
                                                                   ---------
          Total...................................................    62,208
    ------------------------------------------------------------------------
    
    Number of Contract Markets
    
        Before an exchange may offer a contract for trading, the Commission 
    must review the terms and conditions of the proposed contract, as well 
    as subsequent rule amendments to the terms and conditions of the 
    contract, to ensure its economic viability. Improperly designed 
    contracts can increase the chance of cash, futures, or option market 
    disruptions and undermine the usefulness and efficiency of a market.
        During fiscal 1996, the Commission designated 92 new futures and 
    option contracts, the highest number of new contracts in any single 
    fiscal year.
        The Commission has seen the introduction of new and novel trading 
    instruments to handle a variety of financial risks, such as currencies, 
    inflation-indexed debt instruments, contracts based on various domestic 
    and foreign stock indices, as well as the risks inherent in the 
    agricultural sector of the economy. It is expected that this innovation 
    will continue as firms, companies, producers, processors, and others 
    turn to the commodity futures markets for hedge protection against 
    financial risk.
        There are currently over 230 separate actively traded contracts on 
    the United States exchanges. This number has grown by 105% over the 
    number of contracts traded just a decade ago and is expected to reach 
    nearly 280 contracts by the year 1999.
    
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    BILLING CODE 6351-01-C
    
    Volume of Trading
    
        Volume of trading is measured in number of contracts traded. The 
    volume of trading on the U.S. exchanges has risen nearly 130% in the 
    decade since 1986.
        During FY 1996, there were 494,502,868 futures and option contracts 
    traded. Volume is expected to rise to over 579 million contracts in FY 
    1999.
    
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    BILLING CODE 6351-01-C
    
    Managed Funds
    
        Investment management professionals have been using managed futures 
    for more than 20 years. Recently, there has been a surge in pooled and 
    managed money and an increasingly large segment of the population has 
    money invested in the futures markets, either directly or indirectly, 
    through pension funds or ownership of shares in publicly held companies 
    that participate in the markets. Institutional investors such as 
    corporate and public pension funds, insurance companies, and banks are 
    increasingly using managed futures to diversify their portfolios.
        Over the last decade, from 1986 through 1996, the amounts of money 
    under management has grown exponentially from less than $2 billion to 
    nearly $26 billion.
    
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    BILLING CODE 6351-01-C
        Over the past 15 years, the profile of the typical commodity pool 
    has changed significantly. Fifteen years ago, commodity pools were 
    offered with the expectation that maximum contributions would be $1 
    million. Most pools were single-advisor pools, with the CPO acting as 
    CTA for the pool. Pools were designed for speculative trading, and 
    there were no ``principal-protected'' pools, tiered pools, or 
    dynamically managed pools.
        Today, the pool universe is comprised of:
         Single and multiple advisor pools;
         Multi-media pools-that is, pools that invest in securities 
    and futures as well as other investments, including ``hot issues'' of 
    U.S. securities, off-exchange instruments, and international markets;
         Pools which use leverage and isolate particular forms of 
    return, such as the mortgage pre-payment option;
         Principal-protected pools; and
         Pools which invest in other pools.
    
    Strategic Goals and Objectives
    
        The mission of the Commodity Futures Trading Commission is 
    accomplished through three strategic goals, each focusing on a vital 
    area of regulatory responsibility. The goals are highlighted here, and 
    defined in terms of outcome objectives and related activities on the 
    charts which follow.
    
    Goal One--The Marketplace
    
        Protect the economic functions of the commodity futures and option 
    markets.
        The focus of this goal is the marketplace. If the United States 
    commodity futures markets are protected from and free of abusive 
    practices and influences, they will better operate to fulfill their 
    vital role in our market economy and the global economy-accurately 
    reflecting the forces of supply and demand and serving market users by 
    fulfilling an economic need.
    
    Goal Two--The Market Users
    
        Protect market users and the public.
        The focus of the second goal is protection of the firms and 
    individuals--market users--who come to the marketplace to fulfill their 
    business and trading needs. Market users must be protected from 
    possible wrongdoing on the part of the firms and commodity 
    professionals with whom they deal to access the marketplace, and they 
    must be assured that the marketplace is free of fraud, manipulation, 
    and abusive trading practices.
    
    Goal Three--The Environment
    
        Foster open, competitive, and financially sound markets.
        The third goal focuses on several important outcomes--effective 
    industry self-regulation, firms and financial intermediaries with sound 
    business, financial, and sales practices, and responsive and flexible 
    regulatory oversight.
    
             Summaries of Outcome Objectives and Activities--Goal #1        
      Goal #1: Protect the economic junctions of the commodity futures and  
                                option markets.]                            
    ------------------------------------------------------------------------
           Outcome objective                        Activity                
    ------------------------------------------------------------------------
    Foster futures and option       1. Collect and analyze daily U.S.       
     markets that accurately         futures and options data for all       
     reflect the forces of supply    actively trading contracts to detect   
     and demand for the underlying   congestion and/or price distortion and 
     commodity and are free of       respond quickly to potentially         
     disruptive activity.            disruptive situations.                 
    
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                                    2. Monitor the markets to determine how 
                                     conditions and factors observed may    
                                     impact individual registrants or the   
                                     markets in general (e.g., price        
                                     volatility, supply conditions,         
                                     activities of affiliated companies of  
                                     registrants, over-the-counter          
                                     derivatives trading, manipulative or   
                                     fraudulent practices, etc.), to deter  
                                     potentially negative situations and to 
                                     take appropriate action.               
                                    3. Conduct timely review of contract    
                                     market designation applications and    
                                     changes to applications to determine if
                                     they are economically viable and do not
                                     pose a likelihood of disruption in the 
                                     cash, futures, and option markets.     
                                    4. Conduct weekly market surveillance   
                                     meetings of the Commission to analyze  
                                     market information, to discuss         
                                     potentially disruptive situations and  
                                     conditions, and to respond quickly to  
                                     market crises.                         
                                    5. Respond to market emergencies and    
                                     disruptive activities swiftly and      
                                     effectively.                           
                                    6. Maintain a current understanding of  
                                     market functions and developments      
                                     through research.                      
                                    7. Identify possible manipulation and   
                                     other abusive trading practices for    
                                     investigation and possible enforcement 
                                     or criminal action.                    
                                    8. Investigate possible manipulation and
                                     other abusive trading practices.       
                                    9. Institute enforcement cases          
                                     concerning manipulation and other      
                                     abusive trading practices.             
                                    10. Sanction violators.                 
    2. Oversee markets which can    1. Conduct timely review of contract    
     be used effectively by          market designation applications, and   
     producers, processors,          changes to applications, to determine  
     financial institutions, and     if they are economically viable and do 
     other firms for the purposes    not increase the likelihood of         
     of price discovery and risk     disruption in the cash, futures, and   
     shifting.                       option markets.                        
                                    2. Participate in the President's       
                                     Working Group on Financial Markets to  
                                     ensure coordination of information and 
                                     efforts among U.S. financial           
                                     regulators.                            
                                    3. Maintain a current understanding of  
                                     market functions and developments      
                                     through research.                      
                                    4. Provide materials and information on 
                                     the functions and utility of the       
                                     markets to the public through public   
                                     Commission meetings, through public    
                                     roundtables, advisory committee        
                                     meetings, symposia, U.S. Department of 
                                     Agriculture publications, press        
                                     releases, advisories, etc.             
    ------------------------------------------------------------------------
    
    
             Summaries of Outcome Objectives and Activities--Goal #2        
                 [Goal #2: Protect market users and the public.]            
    ------------------------------------------------------------------------
           Outcome objective                        Activity                
    ------------------------------------------------------------------------
    Promote compliance with and     1. Identify and investigate possible    
     deter violations of federal     fraudulent and other illegal activities
     commodities laws.               relating to the commodity futures and  
                                     option markets and their registrants.  
                                    2. Bring injunctive actions, including  
                                     using ``quick-strike'' efforts to      
                                     protect assets and to stop egregious   
                                     conduct.                               
                                    3. Bring administrative cases involving 
                                     manipulation, fraud, and other         
                                     violations.                            
                                    4. Hear administrative cases.           
                                    5. Sanction violators.                  
                                    6. Inform the public and the industry   
                                     concerning allegations of wrongdoing   
                                     and associated legal actions, including
                                     through publications and through       
                                     Commission orders and reports          
                                     describing the alleged violations and  
                                     the Commission's legal and policy      
                                     analysis.                              
                                    7. Collect sanctions and civil monetary 
                                     penalties against violators.           
                                    8. Cooperate with the exchanges, the    
                                     National Futures Association, other    
                                     federal agencies, state governments and
                                     law enforcement entities, and foreign  
                                     authorities to gain information for law
                                     enforcement purposes and to provide    
                                     enforcement assistance as necessary and
                                     appropriate.                           
                                    9. Monitor the Internet and other       
                                     communication media for fraudulent     
                                       activities
                                     and other possible violations of the   
                                     Act.                                   
                                    10. Resolve appeals in administrative   
                                     enforcement matters and self-regulatory
                                     organization adjudicatory actions.     
    2. Require commodities          1. Oversee the National Futures         
     professionals  to  meet  high   Association registration program.      
      stand- ards.                                                          
                                    2. Require testing, licensing, and      
                                     ethics training for commodities        
                                     professionals.                         
                                    3. Maintain regulations and oversight to
                                     ensure the effective use of disclosure 
                                     documents by commodities professionals.
                                    4. Investigate and bring administrative 
                                     registration cases arising out of      
                                     alleged statutory disqualification and 
                                     obtain suspensions, revocations,       
                                     conditions, or restrictions of         
                                     registration.                          
    
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    3. Provide a forum for          1. Provide a reparations program for    
     effectively and expeditiously   commodities market users to make claims
     handling customer complaints    relating to violations of the Act.     
     against persons or firms                                               
     registered under the Act.                                              
    ------------------------------------------------------------------------
    
    
              Summaries of Outcome Objectives & Activities--Goal #3         
       [Goal #3: Foster open, competitive, and financially sound markets.]  
    ------------------------------------------------------------------------
           Outcome objective                        Activity                
    ------------------------------------------------------------------------
    1. Ensure sound financial       1. Promulgate regulations to ensure     
     practices of clearing           sound business, financial, and sales   
     organizations and firms         practices in firms participating in the
     holding customer funds.         commodities industry.                  
                                    2. Review and oversee self-regulatory   
                                     organization audit and financial       
                                     practices.                             
                                    3. Identify possible financial,         
                                     capitalization, segregation, and       
                                     supervision violations for             
                                     investigation and possible prosecution.
                                    4. Investigate possible financial,      
                                     capitalization, segregation, and       
                                     supervision violations.                
                                    5. Bring cases concerning financial,    
                                     capitalization, segregation, and       
                                     supervision violations.                
                                    6. Sanction violators.                  
    2. Promote and enhance          1. Ensure effective self-regulatory     
     effective self-regulation of    organization enforcement programs.     
     the commodity futures and      2. Review and approve self-regulatory   
     option markets.                 organization rules and rule amendments.
                                    3. Conduct rule enforcement reviews of  
                                     self-regulatory organizations          
                                     (financial practices, sales practices, 
                                     trade practices, and audit trail).     
                                    4. Review and oversee self-regulatory   
                                     organization audit and financial       
                                     practices.                             
                                    5. Review adequacy of self-regulatory   
                                     organization disciplinary actions.     
                                    6. Conduct direct audits of clearing    
                                     organizations and firms handling       
                                     customer money to ensure compliance    
                                     with capitalization and segregation    
                                     rules.                                 
                                    7. Promulgate regulations to ensure     
                                     effective self-regulation by exchanges,
                                     clearing organizations, and registered 
                                     futures associations.                  
    3. Facilitate the continued     1. Coordinate and cooperate with global 
     development of an effective,    financial services regulators to share 
     flexible regulatory             vital information and develop          
     environment responsive to       appropriate global standards in the    
     evolving market conditions.     commodities industry as markets emerge 
                                     and evolve.                            
                                    2. Participate in the International     
                                     Organization of Securities Commissions 
                                     and represent the Commission at        
                                     international meetingsconcerning       
                                     commodity regulation.                  
                                    3. Participate in the President's       
                                     Working Group on Financial Markets to  
                                     ensure coordination of information and 
                                     efforts among U.S. financial           
                                     regulators.                            
                                    4.Provide exemptive, interpretive, or   
                                     other relief as appropriate to foster  
                                     the development of innovative          
                                     transactions, trading systems, and     
                                     similar arrangements.                  
    4. Promote markets free of      1. Identify possible trade practice     
     trade practice abuses.          violations for investigation and       
                                     possible enforcement proceedings.      
                                    2. Investigate possible trade practice  
                                     violations.                            
                                    3. Bring cases concerning trade practice
                                     violations.                            
                                    4. Bring enforcement proceedings against
                                     violators.                             
    ------------------------------------------------------------------------
    
    Achieving The Goals: Strategies to Mission Performance--1997-2002
    
    The Environment
    
        The environment in which the Commodity Futures Trading Commission 
    operates and works is dynamic. Futures and option markets are fluid. 
    New products, as well as changes in terms and conditions of existing 
    contracts, are common. Increasing globalization of the financial 
    markets also presents challenges and opportunities to the agency's 
    mission performance.
        Accomplishing our mission will require a commitment continually to 
    assess the external and internal issues and trends that may affect our 
    mission and the way in which we must respond to meet it successfully. 
    Evaluating and adjusting our plan will ensure that potential problems 
    or weaknesses are managed before they develop into crises.
    
    The Strategies
    
        To fulfill our commitment, we must develop and employ various 
    strategies which focus on achieving results. These strategies will 
    define the basis for developing policies, making decisions, taking 
    actions, allocating resources and defining program direction. They will 
    clarify why the organization exists, what it does, and why it does it--
    providing a bridge to understanding how we connect to our environment.
    
    Achieving The Goals: External Challenges--1997-2002
    
    The Challenges
    
        The Commodity Futures Trading Commission faces challenges external 
    to the organization which may significantly alter its ability to meet 
    its goals, its outcome objectives, and even its mission, depending on 
    the weight of their influence and the timing of their occurrence.
        We have identified ten such factors that may impact strategic 
    planning at the CFTC.
        The volume of trading in futures and commodity options--which is 
    influenced, in turn, by external economic factors such as interest rate
    
    [[Page 48622]]
    
    volatility, commodity price volatility in general, and events and 
    conditions specific to individual commodity markets.
        The number and sophistication of market users--including the 
    increasing number of institutional users trading as fiduciaries.
        The variety of markets traded--in recent years, the CFTC has 
    designated futures and option markets on a wide range of commodities, 
    instruments, and indices. These have included: dairy products, such as 
    milk and cheese; various energy products including: electricity; 
    various currency and cross-currencies; inflation-indexed U.S. Treasury 
    bonds; foreign interest rates; boneless beef; pollution rights; crop 
    yields; and a wide range of foreign and domestic stock indices.
        The growing use of over-the-counter (OTC) derivatives--such use may 
    increase exchange trading volume as dealers in such OTC instruments 
    attempt to hedge their resulting risk exposures. Often it also requires 
    analysis of such OTC instruments for purposes of determining the 
    appropriate regulatory framework.
        Structural changes in the financial services industry--such as the 
    diversification into overseas markets, and the convergence of the 
    securities, commodities, insurance, and banking industries.
        Events that destabilize the commodity markets--such as the 1987 
    stock market break, the 1995 collapse of Barings Bank, and the copper 
    market events precipitated by the Sumitomo Corporation in 1996.
        The globalization of financial markets--broadening the needs for 
    market surveillance, analysis of intermarket relationships, cross-
    border enforcement efforts, and cooperation and information sharing 
    with foreign authorities.
        The effect of federal laws and policies--on the U.S. economy, such 
    as the deregulation of the energy industry and changes in farm subsidy 
    policies, spawning change and innovation such as new types of crop 
    insurance.
        The advancement in technology--which continues to introduce 
    challenges in many areas-alternatives to the ``open-outcry'' method of 
    trading commodity futures on the exchange floor, enhanced methods for 
    timing and tracking trading transactions, on-line filing of financial 
    information by market users, electronic marketing and trading of 
    financial and risk-hedging products, and trading commodity futures and 
    options on a global, 24-hour real-time basis.
        The standards, resources, and priorities of other organizations and 
    jurisdictions--such as self-regulatory organizations, other federal and 
    state law enforcement agencies, and foreign authorities.
    
    The Strategies
    
        Develop a Responsive and Flexible Regulatory Posture--It is not 
    possible to predict which external influences ultimately will affect 
    the commodity futures and option industry over the next five years. 
    However, certain trends observed in the past few years are likely to 
    continue. In order to fulfill its goal of being a flexible and 
    responsive regulatory body, the Commission must develop strategies to 
    ensure that the appropriate reactions and responses to these trends are 
    developed.
    
    Innovation
    
         Respond to innovation through the timely review of new and 
    novel trading instruments.
         Develop a capability of understanding the underlying 
    economic effects and benefits of new product development, new markets, 
    and new complex trading mechanisms.
    
    Globalization
    
         Maintain watchful surveillance activities to monitor 
    systemic risk of expanding markets, intermarket linkages, and cross-
    border trading systems.
         Foster and sustain strong relationships with foreign 
    authorities to ensure rapid communication and responsive actions in the 
    event of global financial uncertainty.
         Participate in international efforts to standardize world-
    wide market surveillance and information sharing practices.
    
    Competitiveness
    
         Consider refinements to the regulatory framework to take 
    into account the growing use of over-the-counter derivatives.
         Respond to structural changes in the financial services 
    industry to ensure a level playing field as the commodities, 
    securities, and banking industries become more integrated.
    
    Dynamic Economic Forces
    
         Monitor general economic events and trends in order to 
    understand dynamics affecting commodity futures and option trading.
         Respond to the changing needs of the U.S. agricultural 
    community resulting from the passage of the Federal Agricultural 
    Improvement Reform (FAIR) Act of 1996 and the changes it will spawn in 
    this sector of the U.S. economy.
         Develop an automated market surveillance system capable of 
    collecting and assimilating data from option trading, as well as 
    commodity futures trading.
         Respond rapidly and effectively to destabilizing events, 
    either in the United States markets or in the global marketplace, to 
    ensure the protection of U.S. interests and customers.
         Monitor the increasing volume of the public's funds 
    invested either directly or indirectly through commodity pools.
    
    Advancing Technology
    
         Develop capability of overseeing rapidly evolving 
    technological changes and innovations influencing the markets--
    electronic trading mechanisms, increasingly linked trading 
    relationships, real-time trading, electronic commerce, expansion of the 
    Internet and other advancements.
         Ensure that the Commission has state-of-the art computing 
    power to collect and analyze the increasing volume of data generated by 
    the commodity futures and option markets.
        Develop and Sustain Vital Partnerships--Strong working 
    relationships with other organizations and jurisdictions involved not 
    only in commodity futures and option trading, but domestic and 
    international finance and law enforcement, increase the Commission's 
    ability to build knowledge and insight, share information, and 
    participate in developing standard practices and policies.
    
    Federal and State
    
         A key relationship that ensures regulatory consistency 
    across the federal government is the Commission's participation in the 
    President's Working Group on Financial Markets. This critical forum for 
    coordination of regulation across financial markets brings together the 
    leaders of the federal financial regulatory agencies to consider issues 
    concerning risk assessment, capital requirements, internal controls, 
    disclosure, accounting, market practices relating to trading in 
    derivative instruments, bankruptcy law revisions, and contingency 
    planning for market emergencies.
         Another key federal liaison is with the U.S. Department of 
    Agriculture. Consistent with the mandate of the Act, the FAIR, CFTC 
    will work with USDA staff in a risk management education effort to 
    reach agricultural producers seeking risk management services or advice 
    to deal with the changes resulting from its passage.
    
    [[Page 48623]]
    
         Commission staff works through various established 
    intergovernmental partnerships to share information and to consult on 
    issues of importance both to the Commission and to other financial 
    regulators. Some meetings are recurring, such as biweekly conference 
    calls and quarterly meetings held among the CFTC, the Securities and 
    Exchange Commission, the Department of the Treasury, the Board of 
    Governors of the Federal Reserve System, the New York Federal Reserve 
    Bank and the Federal Deposit Insurance Corporation. Others are 
    occasional as needed, but nonetheless valuable, such as those with the 
    Department of Energy, the Department of Agriculture, and the Department 
    of Labor's Bureau of Labor Statistics on other matters.
         The working relationships with other federal law 
    enforcement entities are also fundamental to an effective law 
    enforcement effort. The Commission coordinates its enforcement efforts 
    with agencies such as the Department of Justice, the Federal Bureau of 
    Investigation, the Federal Trade Commission, the Securities and 
    Exchange Commission and the U.S. Postal Inspection Service.
        The CFTC is also represented on several interagency task forces 
    designed to keep participants abreast of new developments in financial 
    crimes and to coordinate the government's response.
         Enforcement efforts are coordinated with state authorities 
    as well, including state commissions responsible for the regulation of 
    corporations, securities, insurance, and banking.
    
    Self-Regulatory
    
        The National Futures Association (NFA) has been granted 
    registration by the Commission as a futures association with specific 
    self-regulatory responsibilities under the Commodity Exchange Act. The 
    NFA has existed since 1982 and works in partnership with the Commission 
    to assure high standards for industry professionals. The Commission 
    works closely with the NFA in a variety of areas to augment scarce 
    government resources--registration, ethics training for industry 
    professionals, the review of disclosure documents, and issues 
    concerning statutory disqualification of registrants.
    
    International
    
         In the past several years, the Commission has cooperated 
    with a large number of foreign regulatory authorities through formal 
    memoranda of understanding (MOUs) and other arrangements to combat 
    cross-border fraudulent and other prohibited practices that could harm 
    customers or threaten market integrity. Cross-border information 
    sharing among market regulators forms the linchpin of effective 
    surveillance of global markets linked by products, participants, and 
    information technology. The Commission currently has 18 formal 
    arrangements for the sharing of information on enforcement matters, 
    three arrangements related to financial information sharing, and nine 
    cooperative arrangements for the sharing of information on matters 
    related to foreign firms and exemptions from certain CFTC rules and one 
    letter relating to the use of foreign settlement banks.
         A key partnership in our efforts to remain abreast of 
    global financial issues is our membership in the International 
    Organisation of Securities Commissions (IOSCO), an organization of more 
    than 120 members from over 75 countries. IOSCO's main purposes are to 
    provide machinery for exchanging information and expertise between 
    regulatory authorities for the supervision of world securities and 
    derivatives markets, to establish standards of best practice, to ensure 
    market integrity, and to promote effective supervision and enforcement. 
    IOSCO deals with issues affecting both developed and emerging markets.
    
    Advisory
    
        The Commission sponsors three advisory committees that facilitate a 
    dialogue between the CFTC and three key groups of interested persons--
    the American agricultural community, the financial community, and the 
    states.
         The Agricultural Advisory Committee (AAC) represents a 
    vital link between the Commission, which regulates agricultural futures 
    and option markets, and the agricultural community, which depends on 
    those markets for hedging and price discovery. The AAC's 25 member 
    organizations represent a major portion of the American agricultural 
    community. For the last 14 years, the AAC's twice yearly meetings have 
    fostered an ongoing dialogue between that community and the Commission.
         The Financial Products Advisory Committee provides a means 
    of receiving invaluable information and obtaining advice and 
    recommendations on issues related to financial markets. In this regard, 
    the Committee has served as a channel for communicating to the 
    Commission diverse viewpoints within the financial community, including 
    the views of broker-dealers, pension fund sponsors, investment 
    companies, futures commission merchants, commodity pool operators, and 
    commodity trading advisors. The Committee has also served a conduit for 
    the views of federal financial market oversight agencies, futures 
    exchanges, and accounting firms.
         The CFTC-State Cooperation Advisory Committee (CSCAC) 
    continues to play a highly productive role in facilitating the 
    cooperation between federal and state regulatory authorities. In the 
    context of diverse state laws and enforcement authorities, it provides 
    a forum for the Commission to solicit the advice and recommendations of 
    knowledgeable state officials in efforts to protect investors from 
    fraud and secure the integrity of futures markets. Similarly, it helps 
    the various state regulators learn about changes to federal laws and 
    regulations as well as federal enforcement activities. This facilitates 
    the exchange of information and the coordination of policies and 
    enforcement efforts among the CFTC, the SEC, and the Department of 
    Justice. Some of the issues addressed in recent years include:
    
    --misleading advertising in the broadcast media;
    --bank-financed precious metal investing;
    --commodity pool operations; and,
    --public availability of disciplinary actions in the futures industry.
    
        CSCAC's membership includes representatives of federal and state 
    law enforcement agencies, futures industry associations, and private 
    futures brokerage firms.
    
    Achieving the Goals: Internal Challenges--1997-2002
    
    The Challenges
    
        Many of the internal challenges identified may not be unique to the 
    CFTC, but nonetheless are possible barriers to success which must be 
    analyzed and met in order to succeed in its mission.
        Diminishing Resources--with a declining pool of budgetary resources 
    slated for domestic discretionary programs, every federal entity faces 
    the same task of streamlining the way it operates. The Commission will 
    continue to review its requirements and program initiatives to ensure 
    that its fiscal perspective is sound. It must also continue to seek 
    ways of improving performance, delegating responsibilities, and 
    becoming more efficient.
        Recruitment and Retention of Qualified Professionals--nearly 80% of 
    the staff of the CFTC falls into four categories of professional 
    employment: law, economics, financial audit, and futures trading. The 
    complexity of the work at the Commission demands highly skilled 
    workers, many with
    
    [[Page 48624]]
    
    advanced educational degrees. Competition for these individuals has 
    always been keen, and there is no indication that this challenge will 
    abate. Indeed, the Commission is the only federal financial regulator 
    which does not have the authority to pay professionals at premium pay 
    levels.
        In some instances, as with lawyers and economists, the Commission 
    has experienced the effects of a ``brain drain,'' when highly talented 
    and skilled employees are hired away from the CFTC by other federal 
    financial regulators who can offer premiums.
        Potential for Significant Numbers of Retirements--the CFTC is in 
    its 23rd year of operation. Many of the employees who started with the 
    Commission in its early days are approaching retirement age. Over 12% 
    of CFTC's on-board staff will become eligible for retirement in the 
    next five years. This level of turnover will require significant levels 
    of recruitment and training, particularly to fill behind the loss of so 
    much ``institutional memory.''
        Another challenge associated with a significant turnover in staff 
    is the question of reengineering. Allocation of staff resources in the 
    future needs to be considered in light of changes in the organization's 
    tasks and responsibilities.
        Remaining Abreast of Current Technology--perhaps more so than many 
    other federal agencies, the Commission is dependent on a significant 
    level of advanced technology to manage the volume and complexity of 
    financial information we collect and analyze. Data are voluminous, 
    require timely handling, and must be thoroughly analyzed for anomalies 
    in trading patterns, relationships, and strategies.
        Over the years, the Commission has developed and maintained an 
    impressive technological infrastructure and has employed automation 
    when feasible to enhance its work product and to enhance productivity 
    in light of a static level of staffing.
        The sophisticated market surveillance and market analysis the 
    Commission performs are accomplished through the use of databases and 
    econometric modeling. Fact patterns for enforcement investigations are 
    supported by computer programs, and many other responsibilities could 
    not be accomplished without the significant level of information 
    technology at the CFTC. The need for this level of support will 
    increase over the coming five years as technology continues to evolve 
    and to offer new capabilities.
        Commission staff must be knowledgeable as to current technologies 
    in order adequately to perform oversight of the exchanges as they 
    increase their use of technology. This technological trend has been 
    reflected in the increasing linkage of global markets and the 
    introduction of overnight trading capabilities by major U.S. exchanges 
    linked to foreign counterparts. Advances in technology will improve the 
    ability of the exchanges to handle their work electronically. The 
    Commission must be knowledgeable in these technologies to fulfill its 
    mission of fostering innovation and a flexible and responsive 
    regulatory environment.
        Remaining Educated and Informed as Innovation Changes the 
    Industry--it has always been necessary for Commission staff to continue 
    to improve their knowledge of developing economic trends, new trading 
    instruments, trading strategies, and the interrelationship of markets, 
    domestically and internationally. Without such continued investment in 
    skill and information building, they may not be fully capable of 
    understanding the marketplace, the economic influences on it, and its 
    changing needs and uses. This level of skill and knowledge will need to 
    increase over the next five years as new markets emerge around the 
    world and market users seek new hedging strategies.
    
    The Strategies
    
        Strategies to Develop a Responsive Commission Culture--At the 
    center of the Commission's mission accomplishment are the core business 
    processes and responsibilities. Meeting these responsibilities and 
    performing them well provides an ongoing level of regulatory presence 
    and support to the industry and its users. These core business 
    processes are many and include: daily market surveillance, the 
    detection and prosecution of wrongdoing, contract market designation, 
    rule review, market research, and audits of industry firms.
        To accomplish the day-to-day activities associated with these 
    processes, the Commission must maintain a positive culture within which 
    to work. Over the next five years, the following strategies will guide 
    us and help us meet the internal challenges we face.
        Build a professional and highly trained staff--
         Set standards for the recruitment of qualified staff.
         Develop a recruitment and promotion strategy to build a 
    new professional base for filling behind the anticipated high level of 
    retirements in the next five years.
         Provide technical and advanced training to ensure that 
    CFTC staff skills keep pace with advances in the commodities industry 
    and permit promotion to higher levels of responsibility.
        Build a strong technological infrastructure--
         Implement the Commission's Five-Year Automated Data 
    Processing (ADP) Plan. The plan establishes: the Commission's systems 
    development priorities; agency standards for various software 
    applications; policies and procedures related to support provided by 
    the Office of Information Resources Management (OIRM); and priorities 
    for acquisition and utilization of external databases and other 
    electronic information services.
         Sustain the Commission's End-User Advisory Group (EAG) to 
    gain broad input into planning and prioritizing technological 
    developments. The EAG provides: assistance and guidance to OIRM in the 
    development of the Five-Year ADP Plan; annual review and prioritization 
    of OIRM's systems development workload; establishment of Commission-
    wide standards for the use of software applications and support 
    provided by OIRM; and priorities for acquisition and utilization of 
    databases and information services.
         Implement and refine the CFTC's automated Market 
    Surveillance System.
         Maintain and enhance expertise capable of overseeing the 
    technological advancements in the domestic and international markets.
         Review and replace hardware and software with current 
    technology to support Commission goals.
        Reengineer business processes to streamline regulatory requirements 
    and to create internal efficiencies--
         Identify areas which may benefit from reengineering, to 
    create efficiencies for the regulated industry or for the CFTC's 
    internal processes.
        Recent examples include: the implementation of ``fast-track'' 
    procedures for processing certain contract designation applications and 
    rules-cutting in half the average period such contracts and rules are 
    pending with the Commission; streamlining of the risk disclosure 
    process; and streamlining the administrative opinions process to reduce 
    the backlog of pending cases.
        Restructure organizationally to improve performance and respond to 
    changing mandates and trends--
         As warranted, reorganize the internal structure of the 
    Commission to strengthen program initiatives.
        Recent examples include: the strengthening of the enforcement
    
    [[Page 48625]]
    
    program through a reorgani-zation, concentrated hiring and renewed 
    training efforts; and the establishment of an Office of International 
    Affairs to enhance the Commission's ability to meet the increasing 
    challenge of playing an active role in international initiatives.
        Plan effectively to maximize the use of scarce budgetary 
    resources--
         Continually review resource requirements for operations 
    and program initiatives to ensure sound fiscal management and the 
    optimal allocation of resources to mission requirements.
         Enhance the capability of the financial management system 
    to aid in analyzing inputs and outputs in order to improve the 
    measurement of outcomes at the Commission.
         Make increasing use of the data flowing from our payroll/ 
    personnel system in order to determine how we are using our most 
    significant resource-staff-years.
         Develop advanced planning skills to assure an emphasis on 
    results-oriented management.
        Communicate accountability to CFTC managers and staff--
         Institute a new Performance Management System to create a 
    more effective and responsive communication tool for managers and 
    staff.
         Employ the Annual Performance Plan to improve the commu-
    nication of specific goals and performance levels to staff to improve 
    performance.
         Provide training at all levels of the Commission so that 
    employees have the skills and current information to enable them to 
    perform at a high level.
    
    Achieving and Measuring Performance
    
    Achieving Performance
    
        The Commission may measure the success of its performance through 
    four broad indicators:
         Markets free of disruption.
         Registered and fit market professionals and financial 
    intermediaries.
         Self-regulatory organizations with sound financial 
    practices and effective enforcement programs.
         Swift and aggressive investigation and prosecution of 
    wrongdoing, with sanctions and fines levied for the maximum remedial 
    and deterrent effect.
    
    Measuring Performance: The Annual Performance Plan
    
        On an annual basis, work of the Commission is directed through the 
    Annual Performance Plan (APP). The APP establishes a full set of 
    performance indicators and targets to ensure that day-to-day activities 
    are appropriately defined and measured. Activities are outlined by 
    performance indicators and performance targets for five years, FY 1998 
    through FY 2002.
    
    Relating General Goals and Objectives to Performance Goals and Program 
    Evaluation
    
        Program evaluation, or determining how well the performance targets 
    CFTC has established are being achieved, is necessary to measure the 
    effectiveness and efficiency of our work. Many program priority and 
    resource allocation decisions hinge on the knowledge of what is going 
    well and what is not. For the first three years of this plan, the 
    Commission will use methods and processes already in place to evaluate 
    how we are progressing on the implementation of the Strategic Plan and 
    the Annual Performance Plan.
    
    Quarterly Objectives Review Process
    
        The Quarterly Objectives reporting process provides executive 
    management with a review of program accomplishments for the fiscal 
    quarter just completed and program priorities for the current fiscal 
    quarter. Also included is a summary of performance statistics, a series 
    of output measures provided by program. This reporting process will be 
    evaluated to determine how it may be used as the method for reporting 
    on program progress toward meeting the goals, outcome objectives, and 
    activities in the Strategic Plan as well as a method for setting 
    overall priorities and allocating resources consistent with those 
    priorities.
    
    Management Accounting Structure Code System
    
        Information concerning the distribution of labor at the Commission 
    is captured through the financial reporting system called MASC--
    Management Accounting Structure Code System. This input data, provided 
    by every employee on a bi-weekly schedule, reflects the hours they 
    dedicate to various Commission activities and projects. The information 
    is intended for use by agency program managers in their resource 
    management activities, as well as to provide a database for 
    documentation and support of the CFTC fee structure for such fee-
    generating activities as the designation of contract markets for 
    trading on exchanges and rule enforcement reviews of the exchanges.
        The MASC system will be reviewed with the goal of reengineering the 
    present system to conform to the activity structure defined by this 
    Strategic Plan. This evaluation will assess the current system's 
    utility as the primary method for capturing the distribution of labor 
    costs.
    
    Status of Funds Reporting Process
    
        The Status of Funds, a financial management reporting process, 
    executed from the Commission's automated financial management system 
    and presented to executive management, is the basis for periodic 
    reports of the agency's financial condition and usage of its chief 
    resource--staff-years. This process will be evaluated to determine how 
    it may best facilitate the reporting of resource usage under the new 
    framework of the Strategic Plan.
    
    Stakeholders
    
        The Commission's stakeholders-the public, the Congress, the 
    Administration, other federal departments and agencies, market users, 
    registrants, the exchanges, the National Futures Association, and 
    foreign authorities-are valuable resources which must be tapped to 
    provide critical feedback on Commission goals and priorities. 
    Understanding their perspectives will assist the Commission in 
    clarifying its mission and directing its resources. We will evaluate 
    how best to use these partnerships effectively.
    
    Leadership
    
        The outcome envisioned by the Government Performance and Results 
    Act is improved efficiency and effectiveness of federal programs 
    through the establishment of a system to set goals for program 
    performance and to measure the results.
        As this planning and reporting process evolves, the Commission will 
    evaluate how best to provide the leadership and direction to integrate 
    program, cost, and budget information into a reporting framework that 
    allows for fuller consideration of resource allocations, operational 
    costs, and performance results.
    
    Monitoring External and Internal Factors
    
        The Commission will evaluate the most effective method to 
    continually review key factors, external and internal to the agency, 
    which may affect how it achieves its mission. This evaluation process 
    will ensure that the Commission anticipates future challenges and makes 
    adjustments to its goals, outcome objectives, and activities before 
    potential issues and problems escalate.
        As part of this evaluation the Commission will continue its 
    refinement of vital systems such as the Market Surveillance System 
    which
    
    [[Page 48626]]
    
    provides invaluable front-line information on commodity futures and 
    option trading on a daily basis, and will look to defining other 
    systems that may provide assistance in anticipating issues and 
    directing resources.
    
    Appendix
    
    Understanding the Fundamentals of Commodity Futures and Options
    
        What is a Futures Contract?
        What is an Option Contract?
        What is Price Discovery?
        What is Daily Cash Settlement?
        What is Leverage?
        What is Margin?
    
    Addresses of the Commodity Exchanges
    
    Addresses of CFTC Offices
    
    CFTC Team
    
    Organizational Structure
    Staffing
    Occupations
    
    Commission Concurrence
    
    Publications and Information
    
    Understanding the Fundamentals of Commodity Futures and Options
    
    What Is a Futures Contract?
    
        A futures contract is an agreement between two parties to buy and 
    sell in the future a specific quantify of a commodity at a specific 
    price. The buyer and seller of a futures contract agree now on a price 
    for a product to be delivered and/or paid for at a set time in the 
    future, know as the ``settlement date.'' Although actual delivery of 
    the commodity can take place in fulfillment of the contract, most 
    futures contracts are actually closed out or ``offset'' prior to 
    delivery.
    
    What Is an Option Contract?
    
        An option on a commodity futures contract is an agreement between 
    two parties which gives the buyer, who pays a market determined price 
    known as a ``premium,'' the right (but not the obligation), within a 
    specific time period, to exercise his option. Exercise of the option 
    will result in the person being deemed to have entered into a futures 
    contract at a specified price known as the ``strike price.'' In some 
    cases, an option may confer the right to buy or sell the underlying 
    asset directly, and these options are known as options on the physical 
    asset.
    
    What Is Delivery vs. Cash Settlement?
    
        There are two types of futures contracts, those that provide for 
    physical delivery of a commodity or other item and those which call for 
    cash settlement. The month during which delivery or settlement is to 
    occur is specified in the contract. Thus, a July futures contract is 
    one providing for delivery or settlement in July.
        It should be noted that even in the case of deliverable futures 
    contracts, very few actually result in delivery. Not many speculators 
    have the desire to take or make delivery of, for example, 5,000 bushels 
    of wheat, or 112,000 pounds of sugar, or even one million dollars worth 
    of U.S. Treasury bills. Rather, the vast majority of speculators in 
    futures markets choose to realize their monetary gains or losses by 
    buying or selling offsetting futures contracts prior to the delivery 
    date.
        Selling a contract that was previously purchased liquidates a 
    futures position. Similarly, a futures contract that was initially sold 
    can be liquidated by an offsetting purchase. In either case, gain or 
    loss is the difference between the buying price and the selling price.
        Even hedgers generally do not make or take delivery. Most find it 
    more convenient to liquidate their futures positions and (if they 
    realize a gain) use the money to offset whatever adverse price change 
    has occurred in the cash market.
    
    What Is Price Discovery?
    
        Futures prices increase and decrease largely because of the myriad 
    factors that influence buyers' and sellers' judgments about what a 
    particular commodity will be worth at a given time in the future 
    (anywhere from less than a month to more than two years).
        As new supply and demand developments occur, and as new and more 
    current information becomes available, these judgments are reassessed, 
    and the price of a particular futures contract may be bid upward or 
    downward. The process of reassessment-price discovery-is continuous.
        Thus, in January, the price of a July futures contract would 
    reflect the consensus of buyers and sellers at that time as to what the 
    value of a commodity or item will be when the contract expires in July. 
    On any given day, with the arrival of new or more accurate information, 
    the price of the July futures contract might increase or decrease in 
    response to changing conditions and expectations.
        Competitive price discovery is a major economic function and 
    benefit of futures trading. The trading floor of a futures exchange is 
    where available information about the future value of a commodity or 
    item is translated into price. In summary, futures prices are an ever-
    changing barometer of supply and demand and in a dynamic market, the 
    only certainty is that prices will change.
    
    What Is Daily Cash Settlement?
    
        Once a closing bell signals the end of a day's trading, the 
    exchange's clearing organization matches each purchase made that day 
    with the corresponding sale and tallies each member firm's gains or 
    losses based on that day's price changes--a massive undertaking 
    considering that well over one million futures contracts are bought and 
    sold on an average day. Each firm, in turn, calculates the gains and 
    losses for each of its customers having futures contracts.
        Gains and losses on futures contracts are not only calculated on a 
    daily basis, but they are also credited and debited on a daily basis. 
    This process is known as a daily cash settlement and is an important 
    feature of futures trading. It is also the reason a customer who incurs 
    a loss on a futures position may be called to deposit additional funds 
    into his account--a margin call.
    
    What Is Leverage?
    
        To say that gains and losses in futures trading are the result of 
    price changes is an accurate explanation, but by no means a complete 
    explanation. Perhaps more so than in any other form of speculation or 
    investment, gains and losses in futures trading are highly leveraged. 
    An understanding of leverage is crucial to an understanding of futures 
    trading.
        The leverage of futures trading stems from the fact that only a 
    relatively small amount of money (known as initial margin) is required 
    to buy or sell a futures contract. On a particular day, a margin 
    deposit of only $1,000 might enable you to buy or sell a futures 
    contract covering $25,000 worth of soybeans. Or for $20,000 you might 
    be able to purchase a futures contract covering an index of common 
    stocks valued at $200,000. The smaller the margin in relation to the 
    underlying value of the futures contract, the greater the leverage.
        If you speculate in futures contracts and the price moves in the 
    direction you anticipated, high leverage can produce large profits in 
    relation to your initial margin. Conversely, if prices move in the 
    opposite direction, high leverage can produce large losses in relation 
    to your initial margin.
    
    What Is Margin?
    
        The margin required to buy or sell a futures contract is a deposit 
    of good faith money that can be drawn on by your brokerage firm to 
    cover losses that you may incur in the course of futures trading. It is 
    similar to money held in an escrow account.
    
    [[Page 48627]]
    
        Minimum margin requirements for a particular time are set by the 
    exchange on which the contract is traded. They are typically about 5% 
    of the current value of the commodity or asset underlying the futures 
    contract. Exchanges continuously monitor market conditions and risks 
    and, as necessary, raise or reduce their margin requirements. 
    Individual brokerage firms may require higher margin amounts from 
    customers than the exchange-set minimums.
    
    Addresses of the Commodity Exchanges & Designated Self-Regulatory 
    Organizations
    
    Chicago
    
    Chicago Board of Trade, 141 West Jackson Boulevard, Chicago, IL 60606
    Chicago Mercantile Exchange, 30 South Wacker Drive, Chicago, IL 60606
    MidAmerica Commodity Exchange, 141 West Jackson Boulevard, Chicago, IL 
    60604
    
    Kansas City
    
    Kansas City Board of Trade, 4800 Main Street, Kansas City, MO 64112
    
    Minneapolis
    
    Minneapolis Grain Exchange, 400 South Fourth Street, Minneapolis, MN 
    55415
    
    Philadelphia
    
    Philadelphia Board of Trade, 1900 Market Street, Philadelphia, PA 19103
    
    New York
    
    AMEX Commodities Corporation, 86 Trinity Place, New York, NY 10006
    Coffee, Sugar & Cocoa Exchange, Inc., Four World Trade Center, New 
    York, NY 10048
    New York Cotton Exchange, Four World Trade Center, New York, NY 10048
    New York Futures Exchange, Four World Trade Center, New York, NY 10048
    New York Mercantile Exchange, One Northend Avenue, World Financial 
    Center, New York, NY 10282
    COMEX Division
    NYMEX Division
    
    Registered Futures Association
    
    National Futures Association, 200 West Madison Street, Suite 1600, 
    Chicago, IL 60606
    
    CFTC Offices
    
    Headquarters, Three Lafayette Centre, 1155 21st Street, N.W., 
    Washington, D.C. 20581, Telephone: 202-418-5000
    Eastern Regional Office, One World Trade Center, Suite 3747, New York, 
    NY 10048, Telephone: 212-466-2061
    Central Regional Office, 300 South Riverside Plaza, Suite 1600 North, 
    Chicago, IL 60606, Telephone: 312-353-5990
    Southwestern Regional Office, 4900 Main Street, Suite 721, Kansas City, 
    MO 64112, Telephone: 816-931-7600
    Sub-Office, 510 Grain Exchange Building, Minneapolis, MN 55415, 
    Telephone: 612-370-3255
    Western Regional Office, Murdock Plaza, 10900 Wilshire Boulevard, Suite 
    400, Los Angeles, CA 90024, Telephone: 310-235-6783
    
    CFTC Team
    
    Organizational Structure
    
        Based in Washington, D.C. the Commodity Futures Trading Commission 
    maintains regional offices in Chicago and New York, and has smaller 
    offices in Kansas City, Los Angeles, and Minneapolis. The CFTC consists 
    of five Commissioners, appointed by the President to serve staggered 
    five-year terms. One of the Commissioners is designated by the 
    President, with the consent of the Senate, to serve as Chairperson. No 
    more than three Commissioners at any one time may be from the same 
    political party.
        The Chairperson oversees the management of the agency and its five 
    major organizational units:
         Division of Economic Analysis
         Division of Enforcement
         Division of Trading and Markets
         Office of the General Counsel
         Office of the Executive Director
    
    Staffing
    
        The Commission is requesting 621 full-time equivalent staff-years, 
    or FTEs, in FY 1999. A regional staffing distribution is shown below:
    
    Washington, D.C. (DC)............................................    370
    Chicago, IL (CH).................................................    131
    New York, NY (NY)................................................     90
    Los Angeles, CA (LA).............................................     21
    Kansas City, MO (KC).............................................      7
    Minneapolis, MN (MN).............................................      2
                                                                      ------
      Total Staff Years..............................................    621
                                                                            
    
    
    BILLING CODE 6351-01-P
    [GRAPHIC] [TIFF OMITTED] TN16SE97.004
    
    
    BILLING CODE 6351-01-C
    
    [[Page 48628]]
    
    Occupations
    
        The principal professional occupations at the Commission are 
    attorney, economist, futures trading specialist and investigator, 
    auditor and computer specialist. These professionals are assisted in 
    their work by a wide range of administrative and support personnel.\1\
    
        \1\ Executives include Chairperson, Commissioners, and managers 
    in the Senior Executive Service. Other Professionals include 
    computer analysts, budget and finance professionals, human resource 
    specialists, and contracting officials.
    [GRAPHIC] [TIFF OMITTED] TN16SE97.005
    
    Commission Concurrence
    
    ----------------------------------------------------------------------
    Brooksley Born, Chairperson
    
    ----------------------------------------------------------------------
    Joseph B. Dial, Commissioner
    
    ----------------------------------------------------------------------
    John E. Tull, Jr., Commissioner
    
    ----------------------------------------------------------------------
    Barbara Pedersen Holum, Commissioner
    
    ----------------------------------------------------------------------
    David D. Spears, Commissioner
    
    Publications and Information
    
        For a list of other CFTC publications or for more information on 
    the CFTC, please visit the CFTC's home page on the World Wide Web. Our 
    address is http://www.cftc.gov.
        Or contact the Office of Public Affairs, Commodity Futures Trading 
    Commission at: Three Lafayette Centre, 1155 21st Street, N.W., 
    Washington, D.C. 20581, (202) 418-5080.
    
    [FR Doc. 97-24388 Filed 9-15-97; 8:45 am]
    BILLING CODE 6351-01-P
    
    
    

Document Information

Published:
09/16/1997
Department:
Commodity Futures Trading Commission
Entry Type:
Notice
Action:
Request for comments.
Document Number:
97-24388
Dates:
Comments must be received on or before October 16, 1997.
Pages:
48613-48628 (16 pages)
PDF File:
97-24388.pdf