Duties
The DCM, SEF, and SDR Branch reviews applications of exchanges for contract market designation or swap execution facility registration, and of data repositories for swap data repository registration to ensure compliance with applicable core principles and Commission rules and policies. The Branch also reviews governance, trading and market-related rules of regulated exchanges to assure that exchange rules, operations, procedures and practices meet the statutory standards of the Commodity Exchange Act (Act) and the Commission's regulations and policies. In addition, the Branch reviews governance, compliance officer and conflicts-related rules of swap data repositories to assure that repository's rules, operations, procedures and practices meet the statutory standards of the Act and the Commission's regulations and policies. Finally, the Branch performs short- and longer-term legal and policy studies of special market issues relating to regulated exchanges and swap data repositories.
As the Deputy Director for the DCM, SEF, and SDR Branch at the Commodity Futures Trading Commission (CFTC or Commission), you will serve as a key member of the agency's executive leadership team. If selected for this position, you will manage the operations of the Branch and serve as a consultant and senior legal advisor to CFTC policymakers by providing them with accurate, meaningful, and properly evaluated information in all areas of the Branch’s responsibilities.
- Manages a program to identify, plan, and solve legal and policy issues and problems related to the CFTC's oversight program for regulated exchanges and data repositories. These issues and problems often involve complex legal analyses and may require the development and application of new analytical techniques.
- Reviews contract market designation and SEF registration applications from new trading facilities or platforms. The reviews involve a comprehensive analysis and assessment of the facility's trading system governance, its ability to perform compliance and surveillance, and all other aspects of the trading facility's operations.
- Reviews swap data repository registration applications. The reviews involve a comprehensive analysis and assessment of the facility's data management procedures, governance, and all other aspects of the facility's operations.
- Analyzes requests for approval of rules and rule certification filings to ensure conformance with the Act, Commission policies, and regulations. These filings relate to, among other things, off-centralized-market trading procedures such as block trading, market maker and other incentive programs, trading procedures, exchange or repository governance and organization, international and domestic exchange or repository linkages, bankruptcy, and rules which relate to or restrict membership and access to exchanges or repositories. The objective is to provide the Commission recommendations for approval or whether to initiate informal or formal proceedings to address potential violations, including referral to the Enforcement Division.
- Establishes and evaluates the goals, and the progress made toward achieving them, and institutes policies and procedures directed toward improving the efficiency and effectiveness of the Branch.
- Determines resource needs and allocates personnel, funding, and material to achieve overall work objectives.
- Provides oversight and shares fully in the planning, organizing and directing of the Branch. Manages the human, financial and material resources of the Branch. Establishes and evaluates the goals, and the progress made toward achieving them, and institutes policies and procedures directed toward improving the efficiency and effectiveness of the Branch.
- Builds coalitions with other CFTC Directors and maintains effective relationships with regulated industry participants, other agencies, members of Congress and other interested parties.
Requirements
Conditions of employment
- U.S. Citizenship
- Background/Security Investigation
- Males born after 12-31-1959 must be registered for Selective Service
- May be subject to a two year trial period.
- You must be an active member of the bar in good standing.
Your resume must include information that emphasizes progressive leadership responsibilities for positions held to include the scope and complexity, program accomplishments, and results of executive actions taken. Additionally the resume must include information that addresses how your qualifications relate to the Mandatory Technical Qualification (MTQs) and the Executive Core Competencies (ECCs).
You must show that you possess the Executive Core Competencies (ECCs) and Mandatory Technical Qualifications (MTQs) related to this position within your resume - NOT TO EXCEED 2 PAGES. Resumes over the 2-page limit, will not be reviewed beyond page 2 or may be disqualified. Your resume should include examples of experience and accomplishments applicable to the MTQs and ECCs. If your resume does not reflect demonstrated evidence of these qualifications, you may not receive consideration for the position.
Qualifications
Bar Membership: Currently an active member in good standing of the bar of a state, territory of the United States, District of Columbia, or Commonwealth of Puerto Rico.
Applicants are responsible for citing minimum qualifications such as JD and Bar membership information (institution name, state for bar, and dates) on their respective resumes. Failure to supply details will result in an incomplete application.
AND
To qualify for the CT-16 level you must have at least one year of specialized experience equivalent to the next lower grade (GS/CT-15 level).
Specialized experience is defined as: 1) Experience reviewing contract market designation, swap execution facility registration, and/or swap data repository registration applications for compliance with the Commodity Exchange Act, and the Commission's regulations and procedures. 2) Experience reviewing governance, trading and market-related rules of regulated exchanges to ensure operations meet the statutory requirements of Commodity Exchange Act, and the Commission's regulations and policies. This specialized experience also includes management of an oversight program for regulated exchanges and data repositories, to include directing the work of others.
Additional Assessment: Applicants who meet the specialized experience requirements will also be assessed on the following Mandatory Technical Qualifications (MTQs). The MTQs below should be evident in your resume. A supplemental narrative must be uploaded and attached to your application addressing each MTQ listed below. Please limit your response to one page for each MTQ.
MANDATORY TECHNICAL QUALIFICATIONS (MTQs): Your resume should demonstrate accomplishments that would satisfy the technical qualifications.
- MTQ 1: Thorough knowledge of the Commodity Exchange Act, Commission regulations, and the Commission's policies regarding the oversight of regulated markets and data repositories.
- MTQ 2: Expert level knowledge of the governance, operational and technical aspects of derivatives trading on exchanges and the rules of swap data repositories.
- MTQ3: Knowledge of exchange trading and operations, and data reporting issues in regulated derivatives markets.
EXECUTIVE CORE COMPETENCIES (ECCs): In addition to the Mandatory Technical Qualification Requirements listed above, your resume will be assessed for executive competency against the following four mandatory ECCs.
- Leading the Organization - Develops and implements an organizational vision that integrates program goals, priorities, and values. Is able to build coalitions to execute the organizational vision with buy-in from internal and external stakeholders.
- Leading Others - Provides a clear direction and inspires others towards meeting the mission and vision in a changing environment. Displays the ability to provide constructive feedback, supports the resolution of conflict, demonstrates a collaborative and cooperative approach.
- Leading Yourself - Understands personal strengths and weaknesses and objectively views their behavior. Seeks and accepts constructive feedback and adapts personal leadership style/strategies as needed to most effectively build trust and lead their division/office. Takes advantage of learning opportunities to increase effectiveness.
- Driving Results - Ability to meet organizational goals and customer expectations. Makes decisions that produce high-quality results by applying technical knowledge, analyzing problems, and calculating risks. Assesses and adjusts to implementing innovative solutions to make organizational improvements. Develops and executes plans that achieve outcomes for the organization.
Candidates should be committed to improving the efficiency of the Federal government, passionate about the ideals of our American republic, and committed to upholding the rule of law and the United States Constitution. Candidates will not be hired based on their race, sex, color, religion, or national origin.
Experience refers to paid and unpaid experience, including volunteer work done through National Service programs (e.g., professional philanthropic, religious, community, student, social). Volunteer work helps build critical competencies, knowledge, and skills and can provide valuable training and experience that translates directly to paid employment.
Note: This position is being filled using the excepted service, Schedule A, hiring authority, 5 CFR 213.3102(d) Current Members of the SES, those that have been certified through successful participation in an OPM approved SES Candidate Development Program (SESCDP), or have SES reinstatement eligibility, MUST ensure the CFTC's ECCs are demonstrated within their experience and accomplishments. Proof of eligibility for a noncompetitive SES appointment (e.g., SF-50, Certification by OPM's SES Qualifications Review Board (QRB)) will not be accepted. If your resume does not reflect demonstrated evidence of these qualifications, you may not receive consideration for the position.
Education
Successful completion of a full course of study (J.D.) in a school of law accredited by the American Bar Association (ABA).
To be creditable, education must have been obtained in an accredited college or university. You must report only attendance and/or degrees from schools accredited by accrediting institutions that are recognized by the U.S. Department of Education. For a list of schools that meet this criterion, see www.ed.gov.
SPECIAL INSTRUCTIONS FOR FOREIGN EDUCATION: If you are using education completed in foreign colleges or universities to meet the qualification requirements, you must show that the education credentials have been evaluated by a private organization that specializes in interpretation of foreign education programs and such education has been deemed equivalent to that gained in an accredited U.S. education program; or full credit has been given for the courses at a U.S. accredited college or university. For further information, visit: http://www.ed.gov/about/offices/list/ous/international/usnei/us/edlite-visitus-forrecog.html
Additional information
This position is not in the Bargaining Unit.
Relocation: Relocation expenses will not be paid.
Trial Period: As a condition of employment for accepting this position, you may be required to serve a 2-year trial period during which we will evaluate your fitness and whether your continued employment advances the public interest. In determining if your employment advances the public interest, we may consider:
• your performance and conduct;
• the needs and interests of the agency;
• whether your continued employment would advance organizational goals of the agency or the Government; and
• whether your continued employment would advance the efficiency of the Federal service.
Upon completion of your trial period your employment will be terminated unless you receive certification, in writing, that your continued employment advances the public interest.
EEO Policy Statement. The United States Government does not discriminate in employment on the basis of race, color, religion, sex, national origin, genetic information, political affiliation, sexual orientation, marital status, disability, age, membership in an employee organization, or other non-merit factor.
Reasonable Accommodation. Federal agencies must provide reasonable accommodation to applicants with disabilities where appropriate. Applicants requiring reasonable accommodation for any part of the application and hiring process should contact the hiring agency directly. Determinations on requests for reasonable accommodation will be made on a case-by-case basis.
Veterans' Preference: There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the Commodity Futures Trading Commission considers veterans' preference eligibility as a positive factor in attorney hiring. Applicants eligible for veterans' preference must indicate their preference in response to the appropriate question in their assessment questionnaire and must submit supporting documentation (e.g., DD 214, Certificate of Release or Discharge from Active Duty and other supporting documentation) which verifies their eligibility for preference. Although the "point" system is not used, per se, applicants eligible to claim 10-point preference must submit Standard Form (SF) 15, Application for 10-Point Veteran Preference, and submit the supporting documentation required for the specific type of preference claimed (visit the OPM website, http://www.opm.gov/forms for a copy of SF 15, which lists the types of 10-point preferences and the required supporting document(s). Applicants should note that SF 15 requires supporting documentation associated with service-connected disabilities or receipt of non-service-connected disability pensions to be dated 1991 or later except in the case of service members submitting official statements or retirement orders from a branch of the Armed Forces showing that his or her retirement was due to a permanent service-connected disability or that he/she was transferred to the permanent disability retired list (the statement or retirement orders must indicate that the disability is 10% or more).
Candidates should be committed to improving the efficiency of the Federal government, passionate about the ideals of our American republic, and committed to upholding the rule of law and the United States Constitution.
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