Summary
The Office of the General Counsel (OGC) serves as legal advisor to the CFTC's Commission, the Chair, the Executive Director, and the Agency as a whole. OGC's legal advice includes, but is not limited to, areas such as Agency litigation, statutory and regulatory interpretation, rulemaking, analyses of proposed legislation, and other legal issues arising in connection with the administration and enforcement of the Commodity Exchange Act (CEA) and the Commission's implementing regulations.
Duties
The incumbent serves as a Senior Attorney in the Regulatory Branch of the OGC and is responsible for supporting senior leadership through legal analysis, policy evaluation, and the preparation of high‐level written materials related to the Commission's statutory authorities and operations. Typical duties include: Serves as a senior attorney primarily responsible for authoring proposed and final regulations on complex, novel, and high-impact regulatory matters with agency-wide significance. Leads or coordinates the development of these regulations in close collaboration with other divisions, external stakeholders, and—when appropriate—other federal agencies, ensuring full compliance with procedural requirements including the Congressional Review Act. Prepares comprehensive, legally sufficient supporting analyses integral to regulatory actions, including cost-benefit evaluations under section 15(a) of the Commodity Exchange Act (CEA), Paperwork Reduction Act assessments, and other required statutory reviews. Ensures all regulatory products are grounded in clear statutory authority and supported by rigorous, sound policy rationale. Provides authoritative legal and strategic advice to Division leadership and Commission officials on emerging market developments, novel issues, sensitive matters, and high-visibility regulatory initiatives, informing the content and direction of drafted regulations and related policy responses. Exercises substantial independent judgment in analyzing evolving market practices and financial products, recommending regulatory responses, and preparing initiatives, programmatic responses, and interpretive guidance to address statutory and regulatory ambiguities. Authors formal and informal interpretive guidance, no-action letters (where applicable), policy statements, and other communications to clarify ambiguities and support effective implementation of Commission regulations. Resolves novel legal questions through in‐depth analysis and recommends formal or informal guidance to ensure consistent application across regulated entities and financial markets. Prepares high-level briefing materials, legal memoranda, executive summaries, and other documents for the General Counsel, Deputy General Counsel (Regulatory Group), Commission meetings, and senior leadership deliberations related to regulatory development. Leads or participates in cross-divisional policy initiatives that shape agency-wide regulatory strategy, fully integrating legal analysis into programmatic and operational decisions. Assesses systemic and market-wide implications of proposed regulatory actions, including long-term consequences of regulation, guidance, and other outputs. Advises leadership on these factors to promote balanced and effective regulatory outcomes. Provides technical direction, mentorship, and guidance to staff attorneys and regulatory specialists on complex regulatory development and drafting assignments.
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
How you will be evaluated
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 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 required documents for a complete application package. Additional information may be requested later in the recruitment process. 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 (it is also recommended that information is included in their cover letter or resume) and they 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/pdf_fill/sf15.pdf 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). You may preview questions for this vacancy.