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Appendix B – CFTC Performance Measures and Results


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Performance measures which were rule-dependent (Dodd-Frank Act) and others considered "Not Applicable" during FY 2012 have been placed at the bottom of the table in a section titled "Performance Measures Considered Not Applicable in FY 2012."

CFTC Performance Measures and Results
Objective 0.1: Complete all Dodd-Frank Act rules within statutory time frames.
Goal.Objective.Strategy.Measure
Performance Measure
FY 2011
Actual
FY 2012
Actual
FY 2012
Planned
FY 2013
Planned
FY 2014
Planned
FY 2015
Planned
0.1.1.1
Complete all Dodd-Frank Act rules within statutory time frames.
18% 82% 100% 100% N/A N/A

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Goal One: Protect the public and market participants by ensuring market integrity, promoting transparency, competition and fairness and lowering risk in the system.
Goal.Objective.Strategy.Measure
Performance Measure
FY 2011
Actual
FY 2012
Actual
FY 2012
Planned
FY 2013
Planned
FY 2014
Planned
FY 2015
Planned
1.1.1.1
Implement automated position limit alerts for futures, option, and swaps markets.
N/A 100% 100% N/A 100% N/A
Implement automated position limit monitoring for all additional commodities under CFTC position limits for futures and options traded on DCMs. Implement automated position limit monitoring for all commodities under CFTC position limits for the swap market using large trader reporting data. N/A Implement automated position limit monitoring for all commodities under CFTC position limits using integrated data from reporting firms and swaps data repositories. N/A
1.1.1.2
Implement automated surveillance alerts and a case management system.
70% 100% 100% 100% N/A N/A
Implement four automated market alerts. Implement automated market profile alerts. Integrate swaps market data into two automated market alerts. Implement automated market profile alerts for swaps market. N/A N/A
1.1.1.3
Implement automated trading violation alerts and a case management system.
20% 98% 100% 100% 100% 100%
Implement five automated trading violation alerts. Implement five automated trading violation alerts. Implement four automated trading violation alerts. Implement two automated trading violation alerts. Develop and implement additional automated alerts as identified.
1.1.2.1
Review information requirements of current and proposed forms.
50% 60% 100% N/A N/A N/A
Conduct internal review and update current reporting forms. Collaborate with industry committee to develop recommendations for ownership and control information related to exchange-traded futures and options. Implement ownership and control reporting standards for futures and option markets. Implement reportable trader standards for swaps traders. N/A N/A N/A
1.1.4.1
Percentage of contracts that are reviewed, in a timely manner, following a finding of market significance, and determined to be in compliance with core principles or referred back to exchange for modification.
2% 10% 100% 100% 100% 100%
1.1.5.1
Rule submissions are reviewed and a determination is made regarding compliance with the CEA, or referred back to the exchange for correction, as amended by the Dodd-Frank Act and Commission regulations within the required 10-day or 90-day time period.
77% 73% 100% 100% 100% 100%
1.1.6.1
DCM and SEF applications are reviewed and a determination is made regarding compliance with Core Principles within statutory time frames.
100% 100% 100% 100% 100% 100%
1.2.1.1
Percentage of major DCMs and SEFs reviewed, during the year. (Structural Sufficiency)
40% 0% 100% 100% 100% 100%
1.2.1.2
Percentage of non-major DCMs and SEFs reviewed, during the year. (Structural Sufficiency)
20% 13% 100% 100% 100% 100%
1.2.2.1
Percentage of major DCMs and SEFs reviewed, during the year. (Automated Systems and Business Continuity)
80% 80% 100% 100% 100% 100%
1.2.2.2
Percentage of non-major DCMs and SEFs reviewed, during the year. (Automated Systems and Business Continuity)
0% 0% 33% 33% 33% 33%
1.3.1.1
Publish reports for swaps markets activity.
N/A 100% 100% 100% 100% 100%
N/A Develop and test aggregation methods to group interest rate swap products. Develop and test aggregation methods to group all commodity swap products under CFTC position limits. Publish swaps market report for interest rate swap products. Publish Dodd-Frank Act required semiannual and annual swaps reports for all interest rate swap products. Develop and test aggregation methods to group currency, equity, credit and other commodity swap products. Publish swaps market reports for all commodity swap products under CFTC position limits. Publish Dodd-Frank Act required semiannual and annual swaps reports for all commodity swap products under CFTC position limits. Publish swaps market reports for currency, equity and other commodity swap products. Publish Dodd-Frank Act required semiannual and annual swaps reports for currency, equity and other commodity swap products.

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Goal Two: Protect the public and market participants by ensuring the financial integrity of derivatives transactions, mitigation of systemic risk, and the fitness and soundness of intermediaries and other registrants.
Goal.Objective.Strategy.Measure
Performance Measure
FY 2011
Actual
FY 2012
Actual
FY 2012
Planned
FY 2013
Planned
FY 2014
Planned
FY 2015
Planned
2.1.1.1
Review systemically important DCOs annually. Percentage of SIDCOs reviewed.
75% 50% 100% 100% 100% 100%
2.1.1.2
On a risk-based basis, review all other DCOs annually to assess compliance with DCO Core Principles and Commission requirements.
44% 30% 100% 100% 100% 100%
2.1.1.3
Percent of requests for Commission orders that are completed following review under the applicable provisions of the CEA.
0% 64% 92% 94% 96% 98%
2.1.3.1
All material exceptions in monthly and annual financial filings by FCMs and RFEDs and notices of noncompliance with respect to minimum capital and segregation are reviewed and assessed within one business day. Percent completed within one business day.
100% 100% 100% 100% 100% 100%
2.1.3.2
On a risk-based basis, conduct direct examinations of FCMs and RFEDs, identify deficiencies, and confirm that all deficiencies identified are corrected within the specified period of time. Percent corrected within specified time period.
100% 55% 92% 94% 96% 98%
2.1.4.1
Reviews of swaps submitted to the Commission are completed within statutory and regulatory deadlines.
N/A 50% 100% 100% 100% 100%
2.1.5.1
Reviews of DCO rules submitted to the Commission are completed within statutory and regulatory deadlines.
100% 100% 100% 100% 100% 100%
2.1.6.1
Perform risk analysis and stress-testing on large trader and clearing member positions to ascertain those with significant risk and confirm that such risks are being appropriately managed. Number of positions analyzed.
500,000 550,000 550,000 600,000 650,000 700,000
2.1.6.2
On a risk-based basis, meet with large traders, FCMs, SDs, and other industry participants to discuss risk management issues. Number of entities met with and risk issues reviewed.
110 110 122 132 143 154
2.2.2.1
Under a risk-based approach, conduct reviews of selected programs of all RFAs to assess fulfillment of statutory and delegated responsibilities and confirm that any deficiencies identified are corrected within the specified period of time. Percent of deficiencies corrected within specified time period.
0% 80% 92% 94% 96% 98%
2.2.2.2
Percentage of RFA rules submitted for which determinations are made within statutory time frames.
100% 80% 92% 94% 96% 98%
2.2.3.1
On a risk-based basis, conduct direct examinations of non-FCM intermediaries, identify deficiencies, and confirm that any deficiencies identified are corrected within the specified period of time. Percent of time that deficiencies are corrected within specified time period.
0% 0% 92% 94% 96% 98%
2.3.1.1
On a risk-based basis, review all SROs annually to assess compliance with CEA and Commission requirements, identify deficiencies, and confirm that any deficiencies identified are corrected within the specified period of time. Percent of time in which deficiencies are corrected within specified time period.
80% 80% 92% 94% 96% 98%
2.3.1.2
Percentage of direct examinations of registered intermediaries that confirm proper execution of SRO programs.
100% 43% 92% 94% 96% 98%
2.4.1.1
Program redesign to cover new registrants monitored by the RSR and SPARK systems. Percentage of system redesign accomplished.
80% 80% 90% 95% 98% 100%

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Goal Three: Protect the public and market participants through a robust enforcement program.
Goal.Objective.Strategy.Measure
Performance Measure
FY 2011
Actual
FY 2012
Actual
FY 2012
Planned
FY 2013
Planned
FY 2014
Planned
FY 2015
Planned
3.1.1.1
Percentage of enforcement investigations concluded within one year of opening.
81% 69% 70% 75% 75% 80%
3.2.1.1
Percentage of CFTC case filings that include referrals to domestic civil and criminal cooperative authorities.
62% 91% 65% 70% 75% 75%

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Goal Four: Enhance integrity of U.S. markets by engaging in cross-border cooperation, promoting strong international regulatory standards, and encouraging ongoing convergence of laws and regulation worldwide.
Goal.Objective.Strategy.Measure
Performance Measure
FY 2011
Actual
FY 2012
Actual
FY 2012
Planned
FY 2013
Planned
FY 2014
Planned
FY 2015
Planned
4.1.1.1
Days allotted for acknowledgment of incoming requests for enforcement assistance from our international counterparts pursuant to our information sharing arrangements.
1 3 4 3 2 2
4.2.1.1
Number of international regulatory and standard-setting working groups in which the Commission participates.
12 15 9 9 9 9
4.3.1.1
Number of non-U.S. regulators trained.
225 414 200 200 225 225

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Goal Five: Promote Commission excellence through executive direction and leadership, organizational and individual performance management, and effective management of resources.
Goal.Objective.Strategy.Measure
Performance Measure
FY 2011
Actual
FY 2012
Actual
FY 2012
Planned
FY 2013
Planned
FY 2014
Planned
FY 2015
Planned
5.1.1.1
Executive approval and Commission adoption of efficient and effective organizational design.
100% 100% 100% 100% N/A N/A
Assess and identify organizational requirements. Prepare and design functional organization blueprints. Recommend and obtain approval for new organizational structure. Complete implementation of new organizational structure: Identify and hire key leadership positions; Assign/re-assign staff to new divisions and offices as required; and, draft new career ladder and associated position descriptions as needed. Use established organizational change procedures to adjust and improve organizational structure as needed. N/A N/A
5.2.1.1
Develop, adopt, and implement a comprehensive planning process.
50% 100% 100% 100% 100% 100%
Develop and adopt well-defined and integrated planning process. Track high-level projects; redefine budget activity codes (BPAC). Implement new BPAC; track major projects & activities; implement automated time & attendance. Refine usage of BPAC and automated time and attendance system. Execute FY 2015 Budget on full operational planning; continue budget development and execution on actual resource usage.
5.3.1.1
Assess, develop, and implement automated hiring system.
100% 100% 100% 100% N/A N/A
Assess and procure best fit system based on CFTC requirements. Develop and/or improve recruitment business processes to maximize efficiency gains from automation. Implement automated hiring system and associated business processes. Optimize automated hiring system and associated business processes. Demonstrate reduction in FTE years dedicated to recruitment and staffing. N/A N/A
5.3.1.2
Improve time to hire from 150 days to 80 days.
79 Days 87 Days 122 Days 110 Days 99 Days 89 Days
Improve time to hire by 10% in each of the next five years—saving 15 days. Improve time to hire by 10% in each of the next four years—saving 13.5 days. Improve time to hire by 10% in each of the next three years—saving 12 days. Improve time to hire by 10% in each of the next two years—saving 11 days. Improve time to hire by 10% from previous year—saving 10 days.
5.3.2.1
CFTC is consistently rated by its employees as a small agency workplace of choice and listed annually as one of the top ten best places to work in the federal government (small agency category). CFTC identifies low scores determined to be of most significance to the agency year over year to inform its improvement plans.
8 12 ≤ 10 ≤ 10 ≤ 10 ≤ 10
5.3.3.1
Develop and implement comprehensive development and education program.
100% 100% 100% 100% N/A N/A
Design learning plan to include legal, technical, regulatory and specialized training as well as management and supervisory training. Where practical, ensure that programming meets the criteria for continuing education requirements applicable to lawyers and other professionals so that credits may be earned and applied. Implement supervisory training for all new supervisors. Augment and expand in-house legal and technical training to a comprehensive CFTC regulatory training program. Develop leadership and management training curriculum. Increase by 10 to 25% over previous year the percentage of CFTC employees participating in CFTC's training program as funding and resources available will allow. N/A N/A
5.3.3.2
Assess requirements, design, and implement a comprehensive CFTC-wide mentoring program focused on enhancing the competencies of CFTC's current and future workforce.
100% 100% 100% 100% 100% 100%
Assess and design program. Pilot program in the Office of General Counsel. Expand mentoring program to other offices and divisions. Increase participation in mentoring program 5-10% over previous year. Survey and compile feedback on mentoring program. Develop program improvement plan based on feedback. Survey and compile feedback on mentoring program. Develop program improvement plan based on feedback.
5.4.1.1
Transparency and process maturity of IT governance for reinforcing business unit and IT partnership.
100% 100% 100% 100% 100% 100%
Integrate Agency Strategic Planning with IT Strategic Planning. Align IT governance with reengineered BPAC structure. Institute CFTC-wide Data Management. Establishment and sustainment of enterprise target architecture and transition strategy. Mature enterprise architecture and IT governance processes and tools to support continuous CFTC business transformation.
5.4.1.2
Implementation of IT strategy and architecture for business continuity.
100% 85% 100% 100% 100% 100%
Establish remote data replication of Tiers 1, 2, and 3 to the Commission's collocation facility. Establish system service support at the collocation facility for Tiers 1 and 2 applications and datasets. Establish system service support at the collocation facility for Tier 3 applications and datasets. Test Business Continuity Operational Headquarters Failover to the collocation facility. Test Business Continuity Operational Headquarters Failover to the collocation facility.
5.4.2.1
Implementation of enterprise data management for effective aggregation, correlation with external data, and increased collaboration with other regulators.
100% 75% 100% 100% 100% 100%
Develop data management governance and policy framework. Develop enterprise data management roadmap. Establish enterprise data warehouse and service oriented architecture for enterprise data management. Communicate enterprise data warehouse and service oriented architecture design to NFA, SEC, OFR, and other regulators. Integrate FILAC system into enterprise data warehouse. Integrate TSS into enterprise data warehouse. Include swaps data in enterprise data warehouse. Integrate ISS into enterprise data warehouse. Link enterprise data warehouse with NFA, SEC, OFR, and other regulatory warehouses.
5.4.2.2
Direct Access to SROs and SDRs for effective oversight.
92% 100% 100% 100% 100% 100%
Plan dedicated connections to high volume DCMs and SROs. Implement dedicated connections to high volume DCMs and SROs. Receive and process swaps data pushed from existing SDRs. Integrate swaps data pushed from existing SDRs with existing systems. Integrate swaps data pushed from existing SDRs with external systems.
5.4.3.1
CFTC-wide document and records management and intranet solutions for improved data security collaboration, retention, sharing, and disposal.
92% 90% 100% 100% 100% 100%
Automate rule making support. Implement Forensics Lab. Implement website preservation system. Implement CFTCnet. Re-host CFTC.gov to provide improved services. Implement eDiscovery preservation and legal hold. Implement enhancements to document search and retrieval software. Implement EDRM enterprise search and taxonomy and metadata management. Division collaboration sites migrate to/integrate with CFTCnet. Implement automation of enterprise tips, complaints, and referral management. Implement Early Case Assessment System. Implement EDRM workflow and version control (5 process groups). Implement enhancements to Case Management software. Implement enhancements to audio analytics. Implement EDRM workflow and version control (5 additional process groups). Expand enterprise search to include eLaw and enterprise data warehouse.
5.5.1.1
Reengineer, improve, and implement CFTC's Cost Accounting Codes (BPAC).
100% 100% 100% 100% 100% N/A
Assess and procure reengineering options for BPAC. Design, develop and implement BPAC repository to retain all cost accounting codes. Choose best option for BPAC code structure in line with operating and reporting needs and in light of available resources. Implement new codes for use in FY 2013 budget formulation process. Improve and adapt business processes associated with cost accounting codes. Staff using cost accounting codes properly with error rate documented at less than 1%. N/A
5.5.2.1
Management Control Reviews are conducted and documented. Recommendations are implemented. The Chairman and the CFO are able to give unqualified FMFIA management assurances.
100% 100% 100% 100% N/A N/A
Conduct program and administrative risk assessments, prepare three year plan, begin conducting reviews. Update program and administrative risk assessments and three year plan, continue conducting reviews, developing remediation plans, and taking corrective actions. Complete corrective action. N/A N/A
5.5.3.1
Implement web-based time and attendance system.
25% 50% 100% 100% N/A N/A
Complete project to modernize Budget Program Activity Code structure and configure WebTA to accommodate. Pilot WebTA. Go live with WebTA. N/A N/A

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Performance Measures Considered Not Applicable in FY 2012
Goal.Objective.Strategy.Measure
Performance Measure
FY 2011
Actual
FY 2012
Actual
FY 2012
Planned
FY 2013
Planned
FY 2014
Planned
FY 2015
Planned
1.1.3.1
Transmit information and consult with the Office of Information Technology Services (OITS) [Now recognized as the Office of Data and Technology—ODT] to implement electronic filing of forms.
50% N/A 100% 100% N/A N/A
Transmit information requirements to OITS for revised trader reporting forms. Fully deploy electronic filing of trader reporting forms. Fully deploy information systems for ownership and control reporting. Fully deploy information systems for reportable trader standards for swap traders. N/A N/A
2.1.2.1
Applications are reviewed and a determination made regarding compliance with financial integrity provisions of the CEA within statutory time frames. Percent in compliance with financial integrity provisions.
100% N/A 100% 100% 100% 100%
2.2.1.1
Conduct direct examinations of SDs and MSPs, identify deficiencies and confirm that all deficiencies identified are corrected within specified period of time.
N/A N/A 100% 100% 100% 100%
2.4.1.2
Program design to cover new data collection requirements to monitor systemic risk posed by CPOs and CTAs advising private funds, and new registration of swap dealers. Percentage of system redesign accomplished.
N/A N/A 90% 95% 98% 100%
3.1.1.2
The CFTC will bring claims in due recognition of the broadened enforcement mandate provided by the Dodd-Frank Act, and will seek proportionate remedies, including civil monetary penalties, undertakings and restitution, that have the highest impact on and greatest deterrent effect against potential future violations.
N/A N/A N/A N/A N/A N/A
4.1.1.2
Regular issuance of outgoing international requests for enforcement assistance and referrals made by the CFTC to foreign regulators pertaining to matters involving their jurisdictions.
N/A N/A N/A N/A N/A N/A

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