Clarification from the agency

Applications will be accepted from current CFTC employees and CTAP eligibles.

As a Supervisory Attorney Advisor (Associate Director) in the Division of Clearing and Risk (DCR), Clearing Policy Branch, the incumbent provides legal services and supervises work with respect to the Commodity Exchange Act (Act), Commission regulations, and other relevant statutes and regulations, particularly with respect to the oversight of DCOs and clearing. Responsibilities include:

1. Render written and/or oral legal analysis and advice on assigned projects with respect to relevant provisions of the Act and Commission regulations, and other relevant statutes, regulations, and judicial decisions. Advice addresses conventional, novel and complex issues and legal analyses and application of the Act and Commission regulations related to derivatives clearing, including proposed regulatory work product.
2. Develop and coordinate preparation of proposed regulations, orders guidelines and other regulatory work product (such as interpretative, exemptive, and no-action letters) applicable to the clearing of swaps, futures, and options on futures.
3. Coordinate the review and evaluation of applications for DCO registration, applications for exemptions from DCO registration, and DCO rule submissions, including making recommendations to the Commission.
4. Develop regulations, orders, guidelines, and other regulatory work product applicable to the clearing of swaps, futures, and options on futures.
5. Review proposed legislations, changes in regulations, enforcement actions, questions of law, administrative policy, staff reports, and other Commission regulatory initiatives, and develops comments, critiques, and recommendations.

Conditions of employment

• U.S. Citizenship
• Favorable 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.
• May be required to serve a one year supervisory probationary period.

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.

Qualifications

BASIC REQUIREMENT: All applicants must possess the following:

• J.D.; and
• Active membership of the bar in good standing in any state, territory of the United States, the District of Columbia, or the commonwealth of Puerto Rico. (Note: proof of bar membership will be required before entry on duty)

                                                            AND

CT-15 Level: Candidates with a law degree (J.D. or equivalent) and bar membership and 5 years of relevant legal experience after completion of law school. At least one year of this experience must have been at a level of responsibility and difficulty to that of the position at the next lower level in the federal service (e.g., GS/CT-14) and clearly demonstrate knowledge, skills and ability to perform the duties to deal with cases characterized by complex legal or factual issues. 

Relevant legal experience is defined as attorneys, law clerk, or other legal experience which was obtained after graduation from a law school. Legal and non- legal experience gained in the Federal government or private sector prior to completing a law degree cannot be used to satisfy the legal experience requirement. Work while in law school does not count.

How you will be evaluated

You will be evaluated for this job based on how well you meet the qualifications above.

This job is being filled under a Schedule A hiring authority 5 C.F.R. § 213.3102 and is excepted from the competitive civil service. You will be evaluated and deemed either eligible or ineligible based on the relevance and quality of your experience and education, bar membership, and desired qualifications described above. These positions are not covered by the usual civil service hiring procedures. There is no numerical rating system through which to apply veterans' preference; however, CFTC considers veterans' preference eligibility as a positive factor in hiring. Applicants eligible for veterans' preference are encouraged to include that information in their cover letter or resume, and to attach supporting documentation (e.g., the DD Form-214 or other substantiating documents) to their submissions. All eligible applicants will be further evaluated by subject-matter experts.

Your resume will be referred to the selecting official if you have submitted a complete application package to include resume, bar membership details, and any applicable transcripts. This does not mean you are considered qualified for the position. A qualification analysis will be conducted by the HR Specialist to ensure the selectee meets all requirements, including education and minimum qualifications listed on the vacancy announcement. A complete application package is required to be considered qualified and eligible for selection. Please review the "Requirements" section of the vacancy announcement to understand the list of require documents for a complete application package. Additional information may be requested later in the recruitment process.

• Resume showing all relevant and related experience (two pages max). If selected, your resume will be used to determine your initial pay setting decision;
• Cover Letter (optional);
• JD/Transcripts (unofficial copy is accepted for application package, but an official copy with date degree was awarded is required prior to firm offer letter being extended);
• Bar membership details;
• Writing sample demonstrating analysis of complex legal issues (optional)

Next steps