Duties
The person selected will serve as the Counsel for FOIA and Information Law and ensures legal guidance and litigation support is provided to the Department in carrying out its FOIA, Privacy Act, and other information- related responsibilities. The incumbent supervises the assignment, direction and review of the work of a staff of attorneys and non-attorneys with responsibility for a full range of legal services related to FOIA requests and litigation, Privacy Act requests and litigation, third party subpoenas of the Department, and legal advice related to FACA, e-government, and other information-sharing legal authorities. Matters addressed by the Counsel and the incumbent's staff are often of high priority and of direct concern to the Solicitor, Secretary, and other senior officials of the Department.
This supervisory position also manages litigation involving the Department related to information law statutes, as well as the handling of third party subpoenas issued to the Department. This position also advises on FACA, e-government, and other information-sharing legal authorities, as well as legal issues related to Artificial Intelligence (AI). Matters addressed by the Counsel and the incumbent's staff are often of high priority and of direct concern to the Solicitor, Secretary, and other senior officials of the Department.
The incumbent personally provides, and supervises the provision of, legal advice to high level Department officials, often on complex and sensitive matters, many of which involve the reconciling of divergent views or may involve novel areas or issues. The incumbent monitors complex FOIA and Privacy Act requests, and assists clients in drafting responses and determining which documents should be provided. The incumbent also advises DOL National and Regional Office attorneys and clients regarding responses to subpoenas and other demands for records and the testimony of DOL officials in cases in which the Government is not a party. The incumbent produces or supervises the production of well-reasoned letters and memoranda regarding novel legal issues in the FOIA/PA area. In addition to the FOIA, Privacy Act, and FACA, the incumbent provides legal advice regarding the Federal Records Act, e-government authorities, and data sharing and information sharing authorities.
The person selected will lead the defense of DOL in litigation arising under FOIA, the Privacy Act, and third party subpoenas and other demands for documents and/or testimony. Under the incumbent's supervision, and often working in conjunction with attorneys from the Department of Justice and other SOL divisions, attorney staff are responsible for the development and litigation of cases, including communications with opposing counsel, gathering and analysis of documents, and drafting of motions and briefs. The incumbent also supervises the drafting of appropriate responses to requests made pursuant to 29 CFR § 2.20 for records or testimony, and drafting of other legal filings such as options to quash or for protective orders.
The incumbent is a recognized authority and senior advisor to the Chief FOIA Officer and the Department on the administration and management of the Agency's processing of FOIA and PA requests. The incumbent plans and directs activities to fulfill the Department's responsibilities, including planning for improved program performance.
The incumbent supervises staff who provide central FOIA administrative support to the Department, including coordination, training, preparation of annual and other reports, and development and maintenance of electronic systems for tracking and reporting on FOIA
This position is excluded from the bargaining unit.
Requirements
Conditions of employment
- Must be at least 16 years old.
- Must be a U.S. Citizen.
- Requires a trial period if the requirement has not been met.
- Appointment to this position may require a background investigation.
- Requires a supervisory trial period if the requirement has not been met.
Qualifications
IN DESCRIBING YOUR EXPERIENCE, PLEASE BE CLEAR AND SPECIFIC. WE WILL NOT MAKE ASSUMPTIONS REGARDING YOUR EXPERIENCE.
To qualify for an attorney position, applicants must possess a professional law degree (LL.B. or J.D.); be a member in good standing of the bar of a court of general jurisdiction of a state, territory or possession of the U.S.; and have acquired the amount of experience indicated below for each grade level.
For GS-15 grade level, applicants must have four (4) years of post-law experience progressively responsible legal experience of a professional nature which demonstrates the ability to perform the work at this level. At least one year of qualifying experience, at this level, must be Specialized Experience as defined below.
Specialized Experience: One year (52 weeks) of post-J.D. specialized experience at or equivalent to, the GS 15 Grade level, in or directly related to this position. One year (52 weeks) of specialized experience commensurate with the duties and responsibilities of the position at a level close to the work of this job that has given you the particular knowledge, skills, and abilities required to successfully perform.
Specialized Experience that is qualifying grade for this position is described as the following: Experience that involves FOIA and Information law litigation and advice in a federal or comparable setting.
NOTE: A LL.M. may be substituted for a maximum of one year of experience.
Transcripts: You must provide a copy of your law school transcript to be considered for this position. Verification of your academic degree(s) is necessary to determine your qualifications or eligibility for this position, you will be required to submit an official transcript for verification purposes before you are hired. However, unofficial transcripts may be submitted during the application phase of the process. Please note that your J.D. or LL. B degree must be conferred before you can begin working.
Education
A LL.B or J.D. is a requirement for this position. If you do not submit sufficient academic documentation necessary to demonstrate that you meet the eligibility and minimum qualification requirements described in this announcement, your application will be deemed incomplete and you will be ineligible for further consideration for this vacancy.
Any applicant falsely claiming an academic degree from an accredited school will be subject to actions ranging from disqualification from federal employment to removal from federal service.
If your education was completed at a foreign college or university, you must show comparability to education received in accredited educational institutions in the United States and comparability to applicable minimum course work requirements for this position. Click Evaluation of Foreign Education for more information.
Additional information
Applicants must meet all legal and regulatory requirements. Reference the Required Documents section for additional requirements.
Supervisory Financial Disclosure (if applicable) - This position is subject to the confidential financial disclosure requirements of the Ethics in Government Act of 1978 (P.L. 95-521). Therefore, if selected, you will be required to complete a Confidential Financial Disclosure Report (OGE Form 450) to determine if a conflict or an appearance of a conflict exists between your financial interest(s) and your prospective position with DOL. This information will be required annually.
The mission of the Department of Labor (DOL) is to protect the welfare of workers and job seekers, improve working conditions, expand high-quality employment opportunities, and assure work-related benefits and rights for all workers.
Refer to these links for more information: GENERAL INFORMATION, REASONABLE ACCOMMODATION, ADDITIONAL DOCUMENTATION, FORMER FEDERAL EMPLOYEES
As a condition of employment, all personnel must undergo a background investigation for access to DOL facilities, systems, information and/or classified materials before they can enter on duty: BACKGROUND INVESTIGATION
Click for Telework Eligibility Information
Based on agency needs, additional positions may be filled using this vacancy.
The Fair Chance Act (FCA) prohibits Federal agencies from requesting an applicant's criminal history information before the agency makes a conditional offer of employment. If you believe a DOL employee has violated your rights under the FCA, you may file a complaint of the alleged violation following our agency's complaint process Guidelines for Reporting Violations of the Fair Chance Act.
Note: The FCA does not apply to some positions specified under the Act, such as law enforcement or national security positions.
All Department of Labor employees are subject to the provisions of the Drug-Free Workplace Program under Executive Order 12564 and Public Law 100-71.
As a condition of employment for accepting this position, you may be serving in a position in Schedule Policy/Career of the excepted service. You will obtain competitive status after two years of service in this position, if applicable. Your employment in this position may be at-will. Merit Systems Protection Board (MSPB) appeals of adverse actions concerning performance, discipline, and other matters arising under chapters 23, 43, and 75 of title 5, United States Code, may not be available to an individual serving in this position. Prohibitions on prohibited personnel practices may be enforced by the Office of General Counsel [or agency equivalent position] and not the Office of Special Counsel.
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.
A career with the U.S. government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding. Opens in a new windowLearn more about federal benefits.
Review our benefits
Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time or intermittent. Contact the hiring agency for more information on the specific benefits offered.
How you will be evaluated
You will be evaluated for this job based on how well you meet the qualifications above.
Applicants meeting the minimum qualification requirements for this position will be further evaluated against the following evaluation factors. Current and/or past supervisors may be contacted unless specified otherwise. A panel and/or the selecting official or his/her designee may interview applicants.
Evaluation Factors:
1. Extensive knowledge of Federal FOIA and information law. Of additional value is knowledge in the Federal Advisory Committee Act, e-Government Act, and related information statutes.
2. Experience in performing and/or managing litigation responsibilities related to information law cases, including those related to FOIA. Of addition value is knowledge and experience handling third party subpoenas and similar requests for information.
3. Ability to serve as a senior advisor on federal information law issues and to make programmatic and administrative recommendations consistent with policies, including providing advice to high-level officials.
4. Excellent legal research and writing abilities, including strong organizational and analytical skills in presenting written arguments.
5. Ability to effectively communicate with high-level officials, supervisors, staff, colleagues, and clients.
6. Demonstrated ability to perform supervisory responsibilities as indicated by a high-level of interpersonal skills, experience in leadership or complex project management, and/or past supervisory experience.
7. Ability to supervise the work of other attorneys and obtain the best possible results.
It is the responsibility of the applicant to supply sufficient information to provide a basis for rating each of the evaluation factors listed above.
INFORMATION FOR ICTAP/CTAP ELIGIBLE(S) ONLY: If you are eligible for special priority selection under ICTAP/CTAP, you must be well-qualified for the position to receive consideration. ICTAP/CTAP eligible(s) who are placed into Category well qualified or higher will be considered well-qualified. Be sure to review the eligibility questions to reflect that you are applying as an ICTAP or CTAP eligible and submit supporting documentation.
The information you provide may be verified by a review of your paid, unpaid, volunteer, as it demonstrates the competencies or skills required for the position to be filled. Your evaluation may include an interview, reference checks, or other assessment conducted by HR specialists, subject matter experts, or panel members and may include other assessment tools (ex. interview, structured interview, written test, work sample, etc.). The examining Office of Human Resources (OHR) makes the final determination concerning applicant ratings.
Required Documents
The following documents must be submitted by 11:59 p.m. (ET) on the vacancy closing date. You are not required to submit a document if it does not apply to you.
- Resumes: Required and applicants must provide a resume either by creating one in USAJOBS or uploading one from your profile. To receive full consideration for relevant and specialized experience, please list the month, year, and number of work hours worked for the experience listed on your resume. We also suggest that you preview the vacancy questions, and confirm that your resume supports your question responses.
- Bar Certification: Should you be selected for this position, you will be required to submit documentation verifying that you are an active member of the Bar in Good Standing of any State, District of Columbia, Puerto Rico, or any Territorial Court under the U.S. Constitution. This letter and/or certificate should be dated within the last six months of the closing date of this job announcement.
- Transcript(s): Should you be selected for this position; you will be required to submit documentation verifying that you have completed your first professional law degree. Applicants who claim substitution of education for experience with an LL.M. must submit a copy of their transcripts for verification.
- Writing Sample (If Applicable): Applicants must submit a writing sample. Some examples of documents demonstrating writing skills are briefs, legal memoranda, and opinion letters. These examples should total no more than 10 pages in length. Extracts of selected sections of larger documents are acceptable. This work must be your own, not edited by someone else.
- Veterans Documents (if applicable): Attorney appointments within the Department of Labor are positions in the excepted service, not the competitive service. There is no formal rating system for applying veterans' preference in attorney appointments; however, the Department of Labor considers veterans' preference eligibility as a positive factor in attorney hiring. In order to receive positive consideration, you must indicate your eligibility, in response to the appropriate item on the vacancy questionnaire. Additionally, you must submit a copy of your Certificate of Release or Discharge from Active Duty, DD214 showing the type of discharge and dates of active duty and, if applicable, a VA letter certifying the present existence of the service-connected disability which indicates the percentage of your disability. (For active-duty service members expecting to be honorably discharged or released within 120 days, click Active Duty) Without this documentation, you will not receive the veteran's consideration. Additional information is available at Feds Hire Vets - Veterans Preference
You may also find more information on positive considerations for attorney hiring.
- Displaced Employee Placement Documents: These documents are only required if you are requesting priority consideration under ICTAP/CTAP Eligibility. Applicants with disabilities (SCHEDULE A) applying under the area of consideration must submit proof of certification by counselors, State vocational rehabilitation agencies, or the Veterans Administration.
Cover Letter(s) are not mandatory and will not be used to verify experience but may be submitted.
Applicants selected for employment who are not current DOL employees will be required to provide proof of citizenship, or non-citizenship as allowable in Excepted Service hiring through P.L. 112-10, and the E-Verify system will be used to confirm the employment eligibility of all new hires.
If you are relying on your education to meet qualification requirements:
Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications. Therefore, provide only the attendance and/or degrees from
schools accredited by accrediting institutions recognized by the U.S. Department of Education.
Failure to provide all of the required information as stated in this vacancy announcement may result in an ineligible rating or may affect the overall rating.