Deputy General Counsel

The FMC is the federal agency responsible for regulating the U.S. international ocean transportation system for the benefit of U.S. exporters, importers, and the U.S. consumer. The FMC is dedicated to ensuring a competitive and dependable international ocean transportation system that supports the U.S. economy and safeguards the public from unfair or deceptive practices. Join the FMC and be part of a mission-driven organization during an important and exciting time in the maritime industry.

Duties

This position serves as the Deputy General Counsel in the Office of the General Counsel (OGC). OGC provides legal services to the Commission under the Shipping Act and related statutes, including the agency's competition oversight role (akin to antitrust merger review), and represents the agency in federal district and circuit courts.

In this capacity, the responsibilities of the Deputy General Counsel include:

• Provide legal and policy advice to the Chairman, Commissioners, and other high-level agency employees; managing the production of legal, economic and policy analysis in docketed proceedings before the agency; managing litigation before the federal courts; and acting as the General Counsel in the absence of the General Counsel.
• Represents the Commission in meetings and negotiations with representatives of the shipping industry, other federal government agencies, representatives of foreign governments, members of Congress, and congressional committees.
• Provides executive direction of multidisciplinary teams within the Office of the General Counsel, including attorneys, economists, and analysts, in carrying out the agency's legal, regulatory, economic, and international affairs responsibilities.
• Directs economic analysis related to antitrust-exempt agreements, agreement monitoring and evaluation, and the assessment of controlled carrier rates and charges, including evaluating competitive impacts and determining whether legal or regulatory action is warranted.
• Oversees analysis of international maritime affairs, foreign shipping practices, diplomatic issues, and interagency coordination with federal partners, including the Department of State and the Department of Homeland Security, ensuring effective representation of the agency's interests and compliance with statutory and regulatory mandates.

Salary

• $151,661 - $228,000/year

Conditions of Employment

• Must be a U.S. Citizen or National.
• Subject to a 1-year supervisory probationary period (unless already completed).
• Complete a Declaration for Federal Employment to determine your suitability for Federal employment, at the time requested by the agency.
• If you are a male applicant born after December 31, 1959, certify that you have registered with the Selective Service System or are exempt from having to do so.
• You must submit to a drug test and receive a negative drug test before you can be appointed into this position. Designated and/or Random Drug Testing required.
• In order to qualify for this position, you must be able to obtain and maintain a Top-Secret security clearance.
• File a Confidential Financial Disclosure Report OGE-278e within 30 days of appointment and annually from then on.
• May be required to obtain and use a government-issued charge card for business-related travel.
• Must have an Active BAR Membership in Good Standing. If selected, must maintain active bar membership in good standing while employed as an attorney with FMC

There are three key documents that contain important information about your rights and obligations. Please read and retain these documents:

• Noncriminal Justice Applicant's Privacy Rights, for those who undergo an FBI fingerprint-based criminal history record check for personnel vetting, which includes Rap Back,
• FD-258 Privacy Act Statement - FBI (this is the same statement used when your fingerprints are submitted as part of your background investigation), and
• SEAD-3-Reporting-U.pdf (dni.gov), (applicable to those who hold a sensitive position or have eligibility for access to classified information)"

Qualifications

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 Mandatory Technical Qualifications (MTQ) related to this position within your resume - NOT TO EXCEED 2 PAGES. 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 Mandatory Technical Qualifications (MTQs).

MANDATORY TECHNICAL QUALIFICATION (MTQ): Your resume should demonstrate accomplishments that would satisfy the following technical qualification.

MTQ 1: Demonstrated executive leadership in directing the planning, implementation, and evaluation of the operations of a General Counsel's office or a similar legal office within an organization, a federal or state agency, or a law firm.

MTQ 2: Demonstrated experience in or with a regulatory or civil law enforcement program, including providing strategic direction and operational execution.

MTQ 3: Demonstrated executive-level experience in analyzing and addressing issues related to administrative law.

EXECUTIVE CORE QUALIFICATIONS (ECQs): In addition to the Technical Qualification Requirements listed above, all new entrants into the Senior Executive Service (SES) under a career appointment will be assessed for executive competency against the following five mandatory ECQs. If your 2-page resume does not reflect demonstrated evidence of the ECQs and TQs, you may not receive further consideration for the position.

There are five ECQs:

• ECQ 1: Commitment to the Rule of Law and the Principles of the American Founding - This core qualification requires a 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.
• ECQ 2: Driving Efficiency - This core qualification involves the demonstrated ability to strategically and efficiently manage resources, budget effectively, cut wasteful spending, and pursue efficiency through process and technological upgrades.
• ECQ 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.
• ECQ 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.
• ECQ 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.

Note: If you are a member of the SES or have been certified through successful participation in an OPM approved SES Candidate Development Program (SESCDP), or have SES reinstatement eligibility, you do not need to respond to the ECQs. Instead, you should attach proof (e.g., SF-50, Certification by OPM's SES Qualifications Review Board (QRB) of your eligibility for noncompetitive appointment to the SES.

Education Applicants must have a professional law degree (LLB or JD) from a school of law accredited by the American Bar Association (ABA). You must submit a copy of both your law school and college transcript with your application. Unofficial transcripts will be accepted. Official transcripts will be required if you are selected for the position. 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; applicant's resumes and supporting documentation should only reflect education received from schools accredited by such institutions. Applicants can verify accreditation at the following Website: https://ope.ed.gov/dapip/#/home. A college or university degree generally must be from an accredited (or pre-accredited) college or university recognized by the U.S. Department of Education. For a list of schools which meet these criteria, please refer to Department of Education Accreditation page. Foreign Education: If you are using education completed in foreign colleges or universities to meet the qualification requirements, you must show the education credentials have been evaluated by a private organization that specializes in interpretation of foreign education programs and such education has been deemed equivalent to that gained in an accredited U.S. education program; or full credit has been given for the courses at a U.S. accredited college or university. If you are qualifying based on foreign education, you must submit proof of creditability of education as evaluated by a credentialing agency. For further information, visit: Recognition of Foreign Qualifications | International Affairs Office (ed.gov) Attorney's appointed to FMC are required to maintain active membership in a bar within U.S. jurisdiction, Commonwealth of Puerto Rico, or the District of Columbia. Active bar association and a certificate that the member is in good standing will be verified prior to appointment and employees must maintain active bar membership in good standing while employed as an attorney with the FMC. Attorneys must provide documentation supporting active membership and good standing status (or equivalent) on at least an annual basis. Other Information If selected for this position, you must complete personnel suitability documents. Your appointment is contingent upon the successful completion of an appropriate background investigation. You must be able to obtain and maintain a Top-Secret security clearance. Failure to obtain and maintain the required level of clearance may result in the withdrawal of a job offer or removal. Veterans Preference: Veterans' preference is not applicable to the SES. Mobility: Organizational and geographical mobility is essential in developing and managing SES leaders. Individuals selected for SES positions members may be subject to reassignment across geographical, organizational, and functional lines, and may be required to sign a Reassignment Rights and Obligation Agreement. Tiering: The FMC structures its SES positions into categories (i.e. tiers) to determine the pay range for each position. The categories are based on the position scope, breadth, functions, and placement within the structure of organizational levels across the Commission. The Ethics in Government Act, PL 95-521, requires the applicant selected for this position to submit a financial disclosure statement, SF-278, prior to assuming the SES position, annually while employed, and upon termination of employment. You may also be subject to post employment restrictions. Equal Employment Opportunity (EEO) Policy Statement: http://www.eeoc.gov/federal/index.cfm Employment Information Resources - Resource Center: https://help.usajobs.gov/how-to Males born after 12-31-1959 must be registered or exempt from Selective Service (see https://www.sss.gov/RegVer/wfRegistration.aspx) If you are unable to apply online or need to fax a document you do not have in electronic form, please contact executiveresources@fmc.gov. Drug Testing: This is a drug testing designated position. You must pass a drug test before your assignment to this position and you will be subject to random drug testing subsequent to your assignment. OPM must authorize any employment offers made to current or former (within the last 5 years) political Schedule A, Schedule C, or Non-career SES employees in the executive branch. If you are currently, or have been within the last 5 years, a political Schedule A, Schedule C, or Noncareer SES employee in the executive branch, you must disclose that to the Office of Human Resources. Required Documents

A complete application includes items described below. Please note that if you do not provide all required information, as specified in this announcement, you may not be considered for this position (or may not receive the special consideration for which you may be eligible).

Please carefully review the following list to determine what documentation you need to submit. Some documents may not apply to all applicants. Before uploading your required documents, please ensure they are in PDF format and DO NOT EXCEED the noted page limits.

1. RESUME: All applicants are required to submit a resume limited to two (2) pages (i.e., 1 page that is double-sided or 2 pages that are one-sided each) showing all relevant experience. Applicants seeking initial career appointment to the Senior Executive Service (SES) must include evidence of the ECQs and TQs. PLEASE DO NOT USE USAJOBS RESUME BUILDER.

2. VACANCY QUESTION/ASSESSMENT QUESTIONNAIRE RESPONSES: Responses are automatically submitted through USA Jobs when you apply to this vacancy.

3. ADDITIONAL REQUIRED DOCUMENTS: Applicants are required to submit the following supporting documentation if applicable:

• CURRENT OR FORMER SES MEBERS: Must provide your SES appointment SF-50 (Notification of Personnel Action), and an SF-50 showing current career SES status or career SES reinstatement eligibility.
• SES CANDIDATE DEVELOPMENT PROGRAM (SESCDP) GRADUATES: Verification of successful completion of an OPM-approved SESCDP and OPM SES QRB certification
• CURRENT FEDERAL CIVIL SERVICE EMPLOYEE: Must provide a copy of your Notification of Personnel Action, Standard Form 50 (SF-50) or equivalent personnel action form reflecting you are a current Federal Civil Service employee.

4. STRONGLY RECOMMENDED: Most recent performance evaluation

5. Submit a copy of your official or unofficial law school Transcripts for further consideration. An official transcript is required before being appointed.

6. Proof of current and active BAR Membership in good standing. During the initial review of applications, the Agency will accept photocopies of BAR Membership Cards or screenshots providing proof of active membership in a BAR Association that reflects the bar's jurisdiction or territory, the attorney's full name, bar number, date of admission, and bar status (i.e. active, inactive, retired, etc.).

7. Copy of one recent Legal Writing Sample, of no more than 10 pages reflecting your ability to clearly state, analyze, and discuss complex factual and legal issues.

How to Apply

To apply for this position, you must complete this application and submit any required documents specified in the Required Documents section and submit by 11:59 PM (EST) on the date of the announcement to receive consideration.

To begin, click Apply to access the online application. You will need to be logged into your USAJOBS account to apply. If you do not have a USAJOBS account, you will need to create one before beginning the application.

Follow the prompts to select and upload your résumé and/or other required documents to be included with your application package. You will have the opportunity to upload additional documents to include in your application before it is submitted. Your uploaded documents may take several hours to clear the virus scan process.

After acknowledging you have reviewed your application package, complete the "Include Personal Information" section as you deem appropriate and click to continue with the application process.

You will be taken to the online application which you must complete in order to apply for the position. Complete the online application, verify the required documentation is included with your application package, and submit the application.

It is applicant's responsibility to verify that information entered and uploaded, (i.e., resume and other required documents) is complete, accurate, and submitted by the closing date. Human Resources will not modify or change any part of your application.

Application packages will NOT be accepted via mail. Due to security processes, mail delivery takes approximately 2-3 weeks to process at which time the vacancy announcement will be closed, and no further consideration will be given to additional application packages.

If you are required to complete a USA Hire Assessment, you will be notified after this announcement closes. The notification will be delivered to the email address in your USAJOBS account. It will include your unique assessment access link to the USA Hire system and the completion deadline. Additionally, in USAJOBS you can click "Track this application" to return to your assessment completion notice. Please note, the email may be routed to your "Spam" or "Junk" folder.

Access USA Hire using your unique assessment link. Access is granted through your USAJOBS login credentials.

Review all instructions prior to beginning your assessments. You will have the opportunity to request a testing accommodation before beginning the assessments should you have a disability covered under the Rehabilitation Act of 1973 as amended. Set aside at least 3 hours to take the USA Hire assessments; however, most applicants complete the assessments in less time. If you need to stop the assessments and continue later, you can re-use your unique assessment link. Your responses to the USA Hire Assessments will be reused for one year (in most cases) from the date you complete an assessment. If future applications you submit require completion of the same assessments, your responses will be automatically reused.

Visit the USA Hire Applicant Resource Center for practice assessments and assessment preparation resources at https://support-usahire.opm.gov/hc/en-us.

To update your application, including supporting documentation: During the announcement open period, return to your USAJOBS account, find your application record, and click Edit my application. This option will no longer be available once the announcement has closed.