Associate General Counsel

Full Job Description

This position is designated as SES, General. USDA structures its SES positions into position levels. This is a position level 2 with a salary range of $204,122 to $216,010 per year.

Exceptions to the salary cap may be considered in certain circumstances. SES employees are also eligible to receive bonuses and performance-based awards.

Visit http://www.opm.gov/ses/ for additional information and benefits for SES employees. The application process used to recruit for this position is RESUME-ONLY.

DO NOT submit separate Executive Core Qualifications/Technical Qualifications in lieu of a resume.

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.

To meet the minimum qualification requirements for this position, you must show that you possess the Executive Core Qualifications (ECQ) and Technical Qualifications (TQ) related to this position within your resume - NOT TO EXCEED 2 PAGES using 0.8-inch margins and 11-point font.

Resumes over the 2-page limit, will not be reviewed beyond page 2 or may be disqualified.

Your resume should include examples of experience, education, and accomplishments applicable to the qualification(s).

If your resume does not reflect demonstrated evidence of these qualifications, you may not receive consideration for the position.

There is NO requirement to prepare a narrative statement specifically addressing the Executive Core Qualifications (ECQs) or the Technical Qualifications (TQs).

EXECUTIVE CORE QUALIFICATIONS (ECQs): The ECQs were designed to assess executive experience and potential, not technical expertise.

They measure whether an individual has the broad executive skills needed to succeed in a variety of SES positions. All applicants must address the ECQs.

Your resume must address each ECQ and should describe your experiences and accomplishments/results.

Your resume should be clear, concise, and emphasize your level of responsibilities, scope and complexity of programs managed, program accomplishments, policy initiatives undertaken and the results of your actions.

NOTE: Current career SES members, former career SES members with reinstatement eligibility, and SES Candidate Development Program graduates who have been certified by OPM do NOT need to address the ECQs.

1.

Commitment to the Rule of Law and the Principles of the American Founding: This core qualification involves the demonstrated knowledge of the American system of government, commitment to uphold the Constitution and the rule of law, and commitment to serve the American people.

(Competencies: Knowledge of the American System of Government, Commitment to the Rule of Law, Civic-Mindedness) 2.

Driving Efficiency: This core qualification involves the demonstrated ability to strategically and sufficiently manage resources, budget effectively, cut wasteful spending, and pursue efficiency through process and technological upgrades.

(Competencies: Fiscal Responsibility, Managing Resources, Leveraging Technology) 3.

Merit and Competence: This core qualification involves the demonstrated knowledge, ability and technical competence to effectively and reliably produce work that is of exceptional quality.

(Competencies: Technical Skills, Problem Solving, Agility and Resilience) 4.

Leading People: This core qualification involves the demonstrated ability to lead and inspire a group toward meeting the organization's vision, mission, and goals, and to drive a high-performance, high-accountability culture.

This includes, when necessary, the ability to lead people through change and to hold individuals accountable. (Competencies: Accountability, Developing Others, Executive Judgement) 5.

Achieving Results: This core qualification involves the demonstrated ability to achieve both individual and organizational results, and to align results to stated goals from superiors.

(Competencies: Operation Mindset, Innovation, Strategic Thinking) For more information regarding the SES and ECQs, please visit SES Executive Core Qualifications.

TECHNICAL QUALIFICATION (TQ): In addition to the ECQs, applicants must clearly demonstrate in their resume that they meet the following technical qualification(s).

MANDATORY TECHNICAL QUALIFICATIONS (TQs): All applicants must submit a written narrative response to the following TQs. You must address each TQ separately.

Each TQ narrative must not exceed two (2) pages. Please give examples and explain the complexity of the knowledge possessed and the sensitivity of the issued you handled. 1.

Describe demonstrated litigation experience regarding, and experience leading teams that support litigation of the many statutes and regulations that apply generally to all agencies of the Federal Government.

These include, but are not limited to, the following: the Federal Tort Claims Act, Freedom of Information Act, the Privacy Act, Federal Advisory Committee Act, federal procurement statutes and regulations, fiscal laws, laws related to federal financial assistance, laws related to homeland security and emergency response, and federal intellectual property statutes.

Describe knowledge of and experience in handling Bivens actions, and Administrative Procedure Act challenges in coordination with US Department of Justice.

The incumbent should have experience in handling appellate cases; be able to liase with DOJ appellate litigation and Office of the Solicitor General staff, and to be able to analyze federal appellate cases in order to provide guidance and counsel to USDA agencies, the General Counsel, and their front office staff, and fellow senior OGC managers.

2.

Describe demonstrated knowledge and experience in Departmental operations, including budget and fiscal matters, procurement and contract matters, matters involving patent, trademark, and copyright law, claims for property damage and personal injury, real and personal property matters, COOP and disaster preparedness and response, the Federal Vacancies Reform Act, the Defense Production Act, and various information and cybersecurity laws, as well as knowledge of scientific research programs and grant program development.

3.

Describe demonstrated experience in providing sound legal advice and counsel to senior executives and management officials in analyzing complex legal problems, in making sound legal decisions, and in supervising and managing highly skilled attorneys and support staff.

Major Duties:

• Provide comprehensive legal advice and services to high-level USDA officials, on legal problems, procedures, and practices related to policy development, day-to-day operations, and integration with other government programs.
• Coordinate and manage litigation and appellate cases involving USDA, including those pending before the U.S. Supreme Court, U.S. Courts of Appeals, and State appellate courts.
• Handle legal issues related to federal statutes and regulations, including the Federal Tort Claims Act, Freedom of Information Act, Privacy Act, Federal Advisory Committee Act, federal procurement laws, and fiscal laws.
• Oversee legal aspects of Departmental operations, including budget and fiscal matters, procurement, intellectual property, COOP and disaster preparedness, cybersecurity, and emergency response.
• Provide expert legal opinions, draft and review legislation, and coordinate the legal review of legislation and ancillary materials for USDA.
• Supervise and provide technical guidance to subordinate attorneys on the preparation of proposed legislation, legislative analysis, and development of the Department's position on legislative proposal within the responsibilities of the division.
• Represent USDA in meetings with the White House Counsel, OMB, DOJ, Congressional Committees (including the Senate and House Agriculture Committees and the Senate and House Appropriations Committees), and other federal agencies.
• Confer with Solicitor General, Assistant Attorneys General, U.S. Attorney’s Offices, and other Department of Justice officials regarding Departmental litigation at the appellate level.
• Attend conferences and meetings as counsel for the Department, providing expert legal advice to top officials from various government agencies and industry representatives.
• Ensure compliance with equal opportunity and nondiscriminatory practices in merit promotion, recruitment, hiring, and career development of staff.
• Develop and apply extensive knowledge of general and administrative law, including experience in trial and appellate litigation, legislative drafting, fiscal law, procurement law, and various federal statutes and regulations.
• Provide expertise in areas such as FOIA, Privacy Act, FACA, FTCA, Vacancies Reform Act, national and domestic security law, information technology law, cybersecurity, and intellectual property law.
• Ensure comprehensive understanding of USDA programs related to agricultural economics, statistics, crop reporting activities, research, education, and extension matters.
• Handle legal work arising from activities of the Agricultural Research Service, the National Institute of Food and Agriculture, the Economic Research Service, and the National Agricultural Statistics Service.
• Oversee legal aspects related to homeland security, emergency response, and cybersecurity.
• Provide technical assistance and legal review for USDA policy officials in drafting and analyzing legislative proposals and amendments.
• Develop briefs of legal authorities for legislative and statutory aspects of Department programs and agricultural issues.
• Supervise and review the preparation of briefs and presentation of oral arguments in appellate courts.