Duties

Summary

As Chief Counsel for Economic Affairs, the incumbent is responsible for providing legal advice to the Under Secretary for Economic Affairs and to the offices reporting to the Under Secretary in her capacity as head of the of the Economics and Statistics Administration: the Chief Economist, the Bureau of Economic Analysis, and the U.S. Census Bureau.

The position is in the Office of the General Counsel, Office of the Chief Counsel for Economic Affairs.

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Responsibilities

The incumbent is a key advisor to the Economic Affairs (EA) management team, working closely with the Under Secretary for Economic Affairs, the Chief Economist, and the Directors of the Census Bureau and the Bureau of Economic Analysis (BEA) to identify and address important legal issues surrounding the development of national statistical and economic policy and preparation for the 2020 Decennial Census. The incumbent is responsible for all EA legal matters, including planning, carrying out, and directing the performance of legal work as described below:

Advises the Under Secretary for Economic Affairs and other senior officials of EA on all legal and interrelated legal and policy aspects of matters arising out of their respective areas of operation. The incumbent is required to be informed on all laws and regulations affecting the programs of the Department in the field of economic and statistical affairs to enable him/her to participate with and advise the aforementioned officials in policy formulations and program determinations.

Provides advice and assistance to the Under Secretary for Economic Affairs, the General Counsel and other high level officials within and outside of the Department of Commerce, in connection with the development and implementation of recommendations to: 1) expand the use of administrative records to conduct the 2020 Census; 2) expand the electronic availability of census data; and 3) eliminate legislative barriers to the exchange of business data among Federal agencies in order to improve the quality of data and reduce the reporting burden for American businesses.
Provides legal interpretations of existing or proposed regulations of other Federal agencies that affect EA; comments, briefs, or petitions relating to current or proposed regulatory activities of other Federal agencies; and recommended interpretations for review and acceptance by appropriate legal authority.

Reviews proposed Executive Orders and proclamations affecting EA.

Provides assistance and counsel to the Under Secretary and other EA officials, where appropriate, in the investigation of any indicated violation of statutes, regulations, or other directives.

Prepares or reviews various legal documents as required in connection with the Department's economic and statistical affairs activities such as pleadings, briefs, and other legal documents necessary in litigation involving the Department of Commerce, or requested by another agency for use in litigation, and papers relating to matters on which the opinion or advice of the Comptroller General or Attorney General is desired. In particular, the incumbent develops strategy in coordination with senior policy officials at the Department for all programmatic litigation involving the decennial census, the largest peacetime operation conducted by the Federal Government. Such litigation is significant and national in its scope. In addition, the extraordinary increase in the temporary workforce (hundreds of thousands for a decennial census) results in a myriad of programmatic legal issues that must be dealt with in an expedited fashion.

Prepares, examines, and provides determination for legal form, effect, and compliance with Executive Order 12291 all public orders, rules and regulations, including Federal Register notices, issued by the Department of Commerce in the fields of economic and statistical affairs; and all legal instruments such as contracts and grants, cooperative agreements, leases or licenses entered into by the EA in these areas, in coordination with other appropriate OGC offices, including the Offices of the Assistant General Counsel for Administration and Transactions and the Assistant General Counsel for Legislation and Regulation.

In cooperation with the Assistant General Counsel for Legislation and Regulation, prepares and reviews EA's position on legislation affecting programs in the fields of economic and statistical affairs. Reviews testimony and supporting materials for EA officials' appearances before Congressional committees.

Serves on inter-Departmental and inter-governmental groups with respect to legal aspects of economic and statistical affairs, including committees for major efforts such as acquisition planning for the decennial census.

Advises EA officials on the various specific statutes governing the confidentiality and availability of information gathered and used by EA and its component bureaus and, in coordination with the Assistant General Counsel for Employment, Litigation, and Information, assists in the determination of availability of documents pursuant to the Freedom of Information Act and the Privacy Act.

Assists EA officials, as requested, in coordinating statistical policy matters with statistical policy officials within the Office of Management and Budget to ensure compliance with all relevant laws, directives, and guidelines.

Travel Required

25% or less - Occasional travel nationally and internationally may be required.

Supervisory status
Yes

Promotion Potential
00

Requirements

Conditions of Employment

• Background and/or Security Investigation required.
• Subject to pre-employment and employment random drug testing.
• Public Financial Disclosure (SF-278 filing within 30 days is required).
• Incumbent may be subject to geographic mobility.
• This position has an educational requirement.
• Must possess a J.D. or LL.B degree from an accredited law school.

Applicants are required to submit only a resume which provides detailed evidence of how they meet the Professional/Technical Qualifications (PTQs) and Executive Core Qualifications (ECQs).

Applicants currently serving on a career SES appointment, eligible for reinstatement into SES, or have successfully completed a SES Candidate Development Program with ECQs certified by the Office of Personnel Management (OPM) QRB are not required to be evaluated on the ECQs.

If selected for the position as your initial career SES appointment, you will be required to submit a written narrative statement addressing all of the ECQs. The Department of Commerce will work with the selectee to develop the appropriate ECQ narrative for OPM QRB certification, as needed.

Qualifications

To meet the minimum qualification requirements for this position, you must show that you possess all of the mandatory Executive Core Qualifications and Professional/Technical Qualifications listed below, in addition to the educational requirement. These qualifications would typically be acquired through education, senior level experience, and training which reflect progressive development and achievement in leading and managing a comprehensive program in a complex organization. An individual's total experience must demonstrate the ability to perform the duties of the position. Applicants must meet all of the qualification requirements by the closing date of this announcement.

The following are the five ECQs and their fundamental competencies which are the primary selection criteria for SES positions. The ECQs were developed to assess executive experience and potential, not to evaluate technical experience. ECQs measure whether an individual has the broad experience needed to succeed in a variety of SES positions.

EXECUTIVE CORE QUALIFICATIONS (ECQs):

ECQ 1 - LEADING CHANGE: This core qualification involves the ability to bring about strategic change, both within and outside the organization, to meet organizational goals. Inherent to this ECQ is the ability to establish an organizational vision and to implement it in a continuously changing environment. (Competencies: creativity and innovation, external awareness, flexibility, resilience, strategic thinking, vision)

ECQ 2 - LEADING PEOPLE: This core qualification involves the ability to lead people toward meeting the organization's vision, mission, and goals. Inherent to this ECQ is the ability to provide an inclusive workplace that fosters the development of others, facilitates cooperation and teamwork, and supports constructive resolution of conflicts. (Competencies: conflict management, leveraging diversity, developing others, team building)

ECQ 3 - RESULTS DRIVEN: This core qualification involves the ability to meet organizational goals and customer expectations. Inherent to this ECQ is the ability to make decisions that produce high-quality results by applying technical knowledge, analyzing problems, and calculating risks. (Competencies: accountability, customer service, decisiveness, entrepreneurship, problem solving, technical credibility)

ECQ 4 - BUSINESS ACUMEN: This core qualification involves the ability to manage human, financial, and information resources strategically. (Competencies: financial management, human capital management, technology management)

ECQ 5 - BUILDING COALITIONS: This core qualification involves the ability to build coalitions internally and with other Federal agencies, State and local governments, nonprofit and private sector organizations, foreign governments, or international organizations to achieve common goals. (Competencies: partnering, political savvy, influencing/negotiating)

For detailed guidance on ECQs, applicants are strongly encouraged to review the Office of Personnel Management's Guide to Executive Qualifications at https://www.opm.gov/policy-data-oversight/senior-executive-service/executive-core-qualifications/ Example ECQ statements are available at http://www.opm.gov/policy-data-oversight/senior-executive-service/reference-materials/guidetosesquals_2012.pdf

PROFESSIONAL TECHNICAL QUALIFICATIONS (PTQs):

1. Experience working with senior policy officials (or equivalent) to identify and address legal issues involved in developing and implementing high profile programs of great interest to Congress (or high-level organizations) and/or the public.
2. Experience in planning, implementing and supervising legal work, providing sound and timely legal counsel on complex issues, including those that may involve multiple federal and state agencies (or high-level organizations).
3. Experience developing legal strategies for Federal Courts and practicing/providing impartiality when working with legal issues in the areas of statistical programs.

For detailed guidance on ECQs, applicants are strongly encouraged to review the Office of Personnel Management's Guide to Executive Qualifications at https://www.opm.gov/policy-data-oversight/senior-executive-service/executive-core-qualifications/

Example ECQ statements are available at http://www.opm.gov/policy-data-oversight/senior-executive-service/reference-materials/guidetosesquals_2012.pdf

Education

This position and/or series has an educational requirement.

Applicants must be a graduate from a law school accredited by the American Bar Association in possession of a J.D. or LL.B. degree (law degree) and must be an active member in good standing of a state, territory of the United States, District of Columbia, or Commonwealth of Puerto Rico bar.

Additional information

Background Investigation: This position is designated as Top Secret special-sensitive and requires that a background investigation be conducted and favorably adjudicated in order to establish security eligibility.

Financial Disclosure: This position is covered under the Ethics in Government Act, which requires comprehensive financial disclosures from employees. The appointee will be required to file a Public Financial Disclosure Report (SF-278), within 30 days after his/her appointment, and then annually thereafter.

Qualifications Approval and Probationary Period: Persons newly selected for career appointment to the Senior Executive Service must have their executive core qualifications approved by an Office of Personnel Management Qualifications Review Board and will be required to serve a one-year probationary period.

Mobility: Individuals selected for Senior Executive Service positions may be subject to reassignment across geographical, organizational, and functional lines.

Drug Testing: Applicants tentatively selected for employment in any position are subject to designated and/or random pre-employment and employment urinalysis. Applicants who refuse to be tested will be denied employment and/or removed from employment with the Department of Commerce.

The materials you send with your application will not be returned.

Veterans' preference is not applicable to positions in the Senior Executive Service.

You will be required to enter your full social security number (SSN) only to initially access and create an account at the OPM USAJOBS website; however, only the last four digits will appear in your resume. Please DO NOT put your SSN on pages within your application package. Privacy Act - Privacy Act Notice (PL 93-579): The information requested here is used to determine qualifications for employment and is authorized under Title 5 U.S.C. 3302 and 3361.

Signature - Before you are hired, you will be required to sign and certify the accuracy of the information in your application.

False Statements - If you make a false statement in any part of your application, you may not be hired, you may be fired after you begin work, or you may be subject to fine, imprisonment, or other disciplinary action.

Selective Service - If you are a male applicant born after December 31, 1959, you must certify that you have registered with the Selective Service System or are exempt from having to do so under the Selective Service Law.

The United States Government does not discriminate in employment on the basis of race, color, religion, sex, national origin, political affiliation, sexual orientation, marital status, disability, age, membership in an employee organization, or other non-merit factor.

AN EQUAL OPPORTUNITY EMPLOYER

How You Will Be Evaluated

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

You will be evaluated for this job based on how well you meet the qualifications above.
Your application will be reviewed as noted below:

1. Application completeness.

2. Basic qualifications determination.

3. Rating panel assessment of your executive core qualifications and professional technical qualifications.

4. Structured interview.

5. Tentative selection by the hiring organization.

6. OPM Qualification Review Board certification, as needed.

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Background checks and security clearance

Security clearance
Top Secret

Drug test required
Yes

Required Documents

Resume - You must submit a resume to be eligible for this position. Your resume must show how you possess the ECQs and PTQs. In addition, it is recommended your resume include the following information:

a. Your full name, mailing address (including zip code), and day and evening telephone numbers.

b. Paid and Non-paid job-related work experience. For each job listed you are to provide: job title; duties and accomplishments; employers' name and address; supervisor's name and phone number; starting and ending dates (month and year); hours per week; salary; and if a Federal position - title, series, and grade/pay band.

c. Education. Provide name, city and state of all schools attended; i.e., colleges and universities, vocational, trade, business, technical. Provide dates of attendance, major, and type and year of any degrees received. Report only attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education. For more information, you may refer to the following website: http://www.ed.gov/admins/finaid/accred/index.html

d. Other Job Related Qualifications Information: Provide training courses, special skills you possess, certificates and licenses, honors, awards, special accomplishments, etc., applicable to the position.

*The selectee will be required to provide documentation of an active membership in good standing of a state, territory of the United States, District of Columbia, or Commonwealth of Puerto Rico bar.

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.