Duties

Summary

The Office of the General Counsel provides legal advice, counsel, and support to the Secretary, the Deputy Secretary, and program offices throughout DOE to further the Department's mission of advancing the national, economic, and energy security of the United States through scientific and technological innovation and the environmental cleanup of the national nuclear weapons complex.

Learn more about this agency

Responsibilities

As the Assistant General Counsel (AGC) for Enforcement you will oversee a staff of attorneys and support staff responsible for the enforcement of regulations setting forth the Department's energy and water conservation standards under the Energy Policy and Conservation Act. The mission is to ensure that manufacturers deliver products that meet energy and water conservation standards, and thereby save not only energy and water, but also money for American consumers and businesses. Enforcement activities involve investigation and prosecution of violations, issuance of guidance, settlement activities, and extensive outreach. The Office of Enforcement works closely with technical staff in the Appliance and Equipment Standards Program , which conducts testing to verify that products meet standards, and with other parts of the Office of the General Counsel, including the unit that promulgates the regulations at issue.

The AGC for Enforcement not only supervises the staff, but also coordinates with and reports to top Department officials and evaluates the most difficult legal and factual issues facing the DOE Enforcement Program.

The major functions of the office include:

Supervise a staff of experienced attorneys and support personnel.

Coordinate and integrate efforts of the staff with technical program support.

Consult with rulemaking attorneys regarding the promulgation and refinement of regulations that the Office of Enforcement will be tasked with enforcing.

Exercise enforcement discretion on which cases to prosecute and when to settle, taking into account availability of resources, strength of evidence, relationship to other cases, and overall impact on enforcement and compliance efforts.

Direct case preparation and prosecution in administrative hearings or federal court in pursuit of civil penalties that can range into the tens of millions of dollars.

Develop and implement guidance documents, and otherwise engage in outreach to the regulated industry.

Implement priorities of top Department officials, and report regularly on enforcement efforts.

Travel Required

Occasional travel - Occasional overnight travel (1-5 nights per month) may be required to attend conferences, meeting and training.

Supervisory status
Yes

Promotion Potential
00

Requirements

Conditions of Employment

• This employer participates in the eVerify program.
• U.S. Citizenship is required.
• Subject to satisfactory security and suitability determinations.
• New appointees must successfully complete a 1-year probationary period.
• Must pass a pre-employment drug test; random testing after appointment.

• CONDITIONS OF EMPLOYMENT: This is a career position in the SES. Unless the selectee is already a member of the SES with career status or has successfully completed an SES Candidate Development Program certified by OPM, executive qualifications must be approved by OPM before the appointment can be effected. If you are selected, you will be responsible for working with a DOE Executive Consultant or QRB Writer to develop an ECQ narrative for submission to OPM.
• Homeland Security Presidential Directive (HSPD-12). A selectee's appointment is contingent upon compliance with Homeland Security Presidential Directive (HSPD-12) governing personal identity.
• PUBLIC FINANCIAL DISCLOSURE REPORT (OGE 278): If you are selected for this position, will be required to file this report prior to entry on duty in accordance with the Ethics of Government Act of 1978.
• SECURITY CLEARANCE: You must be able to obtain and maintain a DOE-Q level security clearance.
• DRUG TESTING POSITION: As a condition of appointment to this position, you will be subject to pre-employment/pre-appointment testing for illegal drug use under the U.S. Department of Energy Employee Drug Plan. If you are selected you will be provided information regarding drug testing. Failure to undergo testing or positive findings resulting from the test will eliminate you from further consideration for this position. If selected for and appointed to this position you will be subject to random drug testing while employed.
• PROBATIONARY PERIOD: An individual's initial SES career appointment becomes final only after the individual successfully completes a one-year probationary period.

Qualifications

Resume-Based Resume: Applicants must show possession of the ECQs and any technical qualifications via resume. Your resume presented will reflect that you possess the ECQs and give a synopsis of your accomplishments. The application process used to recruit for this position is the RESUME BASED method. Although applicants cannot address the Executive Core Qualifications (ECQs) separately, evidence of each must be clearly demonstrated in the five (5) page resume and throughout the rest of the application package (MTQ narrative ). The application process used to recruit for this position is RESUME BASED method. Although applicants cannot address the Executive Core Qualifications (ECQs) separately, evidence of each must be clearly demonstrated in the five (5) page resume and throughout the rest of the application package.

A sample 5-page executive level resume and ECQ narratives can be viewed at this link http://www.opm.gov/ses/references/GuidetoSESQuals_2012.pdf

EXECUTIVE CORE QUALIFICATIONS (ECQs): the ECQs describe the leadership skills needed to succeed as an SES; they also reinforce the concept of an "SES corporate culture." Your resume and application must demonstrate and address the ECQs and include examples that are clear, concise, and emphasize their level of responsibilities; address the scope and complexity of the programs, activities or services managed; program accomplishments; describe policy initiatives undertaken; define level of contacts; convey the sensitivity and criticality of the issues addressed; the results of actions taken. The Office of Personnel Management (OPM) is required by law to review the executive qualifications of each new career appointee to the SES prior to appointment.
The five ECQs are as follows:

• ECQ 1: Leading Change - Ability to bring about strategic change, both within and outside the organization, to meet organizational goals and establish an organizational vision an dto implement it in a continuously changing environment.
• ECQ 2: Leading People - Ability to lead people toward meeting the organization's vision, mission, and goals, and provide an inclusive workplace that fosters the development of others, facilitates cooperation and teamwork, and supports constructive resolution of conflicts.
• ECQ 3: Results Driven - Ability to meet organizational goals and customer expectations, and make decisions that produce high-quality results by applying technical knowledge, analyzing problems, and calculating risks.
• ECQ 4: Business Acumen - Ability to manage human, financial and information resources strategically.
• ECQ 5: Building Coalitions - 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.

The Office of Personnel Management (OPM) is required by law to review the executive core qualifications of each new career appointee to the Senior Executive Service (SES) prior to appointment.

For additional information on ECQs, please review the detailed information provided by OPM at the following link: Executive Core Qualifications .

Mandatory Technical Qualifications (MTQs): A supplemental narrative must be submitted separately addressing each MTQ listed below. No more than one (1) page per MTQ is allowed; additional informational information will not be considered. MTQs must provide specific examples that address relevant experience and accomplishments. Applicants must reflect superior technical qualifications demonstrated through leadership and management in the following MTQs:

• MTQ 1 -
  Demonstrated experience in providing, overseeing, and managing litigation before courts and administrative agencies. Experience ideally should include providing legal advice, representation, and counsel concerning complex civil enforcement and civil penalty or similar litigation matters, and exercising enforcement/prosecutorial discretion.
  

• MTQ 2 -
  Demonstrated experience in conducting and overseeing investigations in complex technical areas, and ideally in the management of teams of attorneys and support personnel in such investigations.
  

• MTQ 3 -
  Demonstrated ability to work with technical experts and rulemaking experts in crafting and enforcing a sound regulatory and enforcement program, ideally in areas related to DOE's energy efficiency and renewable energy programs.
  

Education

Must meet the minimum education requirements of successful completion of a full course of study in a school of law accredited by the American Bar Association (ABA) with a professional law degree (L.L.B or J.D.)

And

Must be a current, active member in good standing of the Bar of a state or territory of the United States, District of Columbia, or Commonwealth of Puerto Rico.

You must provide a copy of this certification.

You must provide a copy of your transcripts from an accredited institution. Be sure to include those transcripts directly applicable to determining your meeting the education requirements. Failure to provide proof of education will result in non-consideration for this position. OFFICIAL ORIGINAL TRANSCRIPTS will be required to be provided prior to entrance-on-duty for individuals selected. Education must be obtained from an accredited institution recognized by the U.S. Department of Education. Foreign education must be reviewed by an organization recognized by the U.S. Department of Education. For special instructions pertaining to foreign education and a list of organizations that can evaluate foreign education, see Department of Education .

Additional information

• New employees to the Department of Energy will be required to successfully pass the E-Verify employment verification check. To learn more about E-Verify, including your rights and responsibilities, visit www.dhs.gov/E-Verify ."
• The Department of Energy fosters a diverse and inclusive workplace and is an Equal Opportunity Employer.
• Veteran's preference does not apply to the Senior Executive Service.
• All males born after December 31, 1959 must abide by laws regarding Selective Service registration. To learn more about this law, visit the Selective Service web page, Who Must Register . If you are not registered and don't have an approved exemption, you will not be eligible for employment with the Federal government.
• You may be required to complete an OF-306, "Declaration for Federal Employment" form used to (a) determine your suitability for Federal employment and/or (b) in conducting an investigation to determine your suitability or ability to hold a security clearance.
• Applications contain information subject to the Privacy Act (P.L. 93 579, 5 USC 552a). The information is used to determine qualifications for employment and is authorized under Title 5, USC, Section 3302 and 3361.
• Faxed or e-mailed applications and/or resumes will not be accepted.
• Veteran's Information
• Telework

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 on the quality and extent of your total accomplishments, experience, and education (if applicable). Your application will be rated and ranked by an Executive Resources Board (ERB) Panel, comprised of at least three SES members, using only the information submitted within the application package. Applicants who do not demonstrate in their application sufficient possession of the ECQs and MTQs will be determined ineligible for further consideration.

As part of the "Resume Based" recruitment method, the ERB panel conducts a structured interview for all applicants, both competitive and non-competitive, who are determined to be in the top category from the ERB Rating Panel. Based on the Panel's evaluation, applicants who were determined Best Qualified will be referred to the selecting official for further consideration.

Once a candidate has been identified for selection, reference checks may be completed. The Department's appointing official(s) will make a final approval of the selection, an in competitive cases, OPM's Qualifications Review Board (QRB) must certify the ECQs before final appointment can occur. If OPM approval is required for the ECQs, the candidate is required to assist in the development of the QRB template for submission to the QRB. Verification of performance, suitability and security information from reference checks will be taken into consideration when making offers of employment.

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Background checks and security clearance

Security clearance
Q Access Authorization

Drug test required
Yes

Position sensitivity and risk
Critical-Sensitive (CS)/High Risk

Trust determination process
Credentialing , Suitability/Fitness

Required Documents

Please carefully review the following list to determine what documentation you need to submit. Some documents may not apply to all applicants. If you fail to submit required documentation before the vacancy closes, you will be rated "ineligible."

All applicants - Five (5) page ECQ-based Resume including the following:

Full name, mailing and email addresses, day & evening telephone numbers

Education information including:
a. Name, city, state of colleges/universities attended, major & type of degree received
b. Report only schools accredited by the accrediting institutions recognized by the U.S. Department of Education

All work experience (paid and unpaid) including:
a. Job title, duties/accomplishments, employer's name/address, start/end dates (include month, day and year), average hours worked per week, salary
b. Honors, awards, special accomplishments

All applicants - MTQ Narrative (no more than one page per MTQ)

Current or former career SES members must provide your SES appointment SF-50 (Notification of Personnel Action), and an SF-50 showing current status or reinstatement eligibility.

Applicants who have successfully completed an OPM-approved SES Candidate Development Program must submit a copy of their certification.

Current or former Federal civilian employees, please provide a copy of your most recent SF-50 (non-award) documenting show the following: 1) Full position title; 2) appointment type; 3) occupational series; 4) pay plan, grade, and step; 5) tenure code; 6) service computation date (SCD).

• Note: If you are a current DOE/NNSA employee, you do not need to submit an SF-50. This note does not apply to FERC and BPA employees.

All applicants - If this position has a positive education requirement, you must submit a copy of your transcript or a separate course listing showing the college name, course title, department, hours earned (quarter or semester), and grade. If you have completed any part of your education outside of the U.S., you must submit the evaluation of your foreign education that has been prepared by an accredited organization. The National Association for Credential Evaluation Services (NACES) can provide a list of who can evaluate your foreign education. For additional information, visit Department of Education

Applicants will be prompted at the "Vacancy Documents" section of the application to add their required documents. Please review and follow the instructions listed to successfully submit your documents. Failure to submit the required documentation by 11:59 pm EST of the closing date will result in loss of consideration. Make sure you include the announcement number for this position. Incomplete applications will result in a loss of consideration.
If you are selected for this position, you may be asked to provide additional documentation to verify your responses.

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.