General Attorney (Grants and Litigation), GS-0905-14 FPL GS-14 (Excepted Service)

This position is located in the Postsecondary Education Division of the Office of the General Counsel (OGC). OGC provides legal counsel and advice to the Secretary of Education.

Duties

This is an Excepted Service position. The job will be filled by alternative hiring process and is not in the competitive civil service. Applicants selected for an excepted service position are subject to a one-year trial period. Join our Team! The U.S. Department of Education (ED) is looking for the best and brightest to ensure equal access to education and to promote educational excellence throughout the nation.

As a General Attorney (Grants and Litigation), GS-0905-14, you will be responsible for:

• Serving as liaison with the Department of Justice in litigation relating to those programs, and drafts and reviews briefs, memos, motions, stipulations, and other litigation- related documents.
• Providing legal advice on the administration of the Department's grant programs, including, but not limited to, grant and cooperative agreement programs authorized under the Elementary and Secondary Education Act of 1965, the Higher Education Act of 1965, the Individuals with Disabilities Education Act, and the Workforce Innovation and Opportunity Act of 2014.
• Supporting the Department in grants related litigation, including representing the Department before the Office of Administrative Law Judges; drafting, editing, and reviewing legal briefs; managing administrative record and discovery issues; and coordinating the exchange of technical information between program offices and the Department of Justice.
• Providing legal counsel in the development and drafting of regulations for new programs related to his or her assigned education area and in redrafting existing regulations to reflect legislative changes.

Salary

• $143,913 - $187,093/year

Conditions of Employment

Condition of Employment:

As a condition of employment for accepting this position, you may be required to serve a probationary period or trial period during which we will evaluate your fitness and whether your continued employment advances the public interest. In determining if your employment advances the public interest, we may consider: - your performance and conduct;
- the needs and interests of the agency;
- whether your continued employment would advance organizational goals of the agency or the Government; and
- whether your continued employment would advance the efficiency of the Federal service.

Upon completion of your probationary period OR trial period your employment will be terminated unless you receive certification, in writing, that your continued employment advances the public interest.

Key Requirement (trial period) - As a condition of employment for accepting this position, you will be required to serve a 1-year trial period during which we will evaluate your fitness and whether your continued employment advances the public interest. In determining if your employment advances the public interest, we may consider: - your performance and conduct; - the needs and interests of the agency; - whether your continued employment would advance organizational goals of the agency or the Government; and - whether your continued employment would advance the efficiency of the Federal service. Upon completion of your trial period your employment will be terminated unless you receive certification, in writing, that your continued employment advances the public interest.

Key Requirements:

1. Must be a US Citizen.
2. Males 18 and over must be registered with the Selective Service.
3. Must be determined suitable for federal employment.
4. Relocation expenses will not be paid.
5. You may be subject to serve a one-year trial period.

You must meet all qualification requirements within 30 days of the closing date of this vacancy announcement. Experience refers to paid and unpaid experience, including volunteer work done through National Service programs (e.g., Peace Corps, AmeriCorps) and other organizations (e.g., professional; philanthropic; religious; spiritual; community, student, social). Volunteer work helps build critical competencies, knowledge, and skills, and can provide valuable training and experience that translates directly to paid employment. We will consider all qualifying experience, including any volunteer experience.

Qualifications

Minimum Qualifications Requirements for GS-14:

A. Has obtained the first professional law degree or training which is permitted in some states in lieu of attendance at the law school

AND

B. Is an active member in good standing in the Bar of a State, Territory of the United States, the District of Columbia, or Commonwealth of Puerto Rico.

AND

C. Has four years professional legal experience, at least one of the four years MUST be at the level of difficulty and responsibility equivalent to that of an attorney at the grade immediately below the one being filled,

OR

Has three years professional legal experience, at least one of the three years MUST be at the level of difficulty and responsibility equivalent to that of an attorney at the grade immediately below the one being filled, PLUS a second professional law degree (LL.M.) which requires one full year of graduate study

OR

Has three years professional legal experience, at least one of the three years MUST be at the level of difficulty and responsibility equivalent to that of an attorney at the grade immediately below the one being filled, PLUS record shows superior law schoolwork or activities as demonstrated by one of the following:

Academic standing in the upper third of the law school graduating class.
Work or achievement of significance on his/her law school's official law review.
Special high-level honors for academic excellence in law school, such as election to the Order of the Coif.
Winning of a moot court competition or membership on the moot court team that represents the law school in competition with other law schools.
Full-time or continuous participation, for one year or two semesters of law school, in a legal aid program (as opposed to one-time, intermittent, or casual participation).
Significant summer law office clerk experience after beginning law school.
Other equivalent evidence of clearly superior achievement.

NOTE: For purposes of counting the number of years of legal experience after graduating from law school, equivalent writing and legal analysis performed as a judicial law clerk will be considered even if the applicant was not admitted to the bar at the time.

AND

Specialized Experience for the GS-14

One year of experience in either federal or non-federal service that is equivalent to at least a GS-13 performing two (2) out of three (3) of the following duties or work assignments:

1. Experience conducting litigation and program counseling by independently drafting briefs, motions, and legal opinions; managing administrative records; coordinating with a federal law enforcement agency or equivalent (i.e. The Department of Justice); and providing day-to-day legal advice on grant program operations without supervisory review.
2. Experience developing, drafting, and revising regulations, guidance, and program documents to ensure alignment with statutory requirements and agency policy goals; meeting directly with program staff to formulate regulatory text and resolve legal issues involving education grant programs.
3. Experience performing transactional and negotiation work for federal education grants or equivalent, including reviewing grant and cooperative agreement terms for legal sufficiency, advising on compliance under 2 CFR part 200, and negotiating resolutions with internal offices, other agencies, and external stakeholders to address complex programmatic or legal issues.

Knowledge, Skills, and Abilities (KSAs) The quality of your experience will be measured by the extent to which you possess the following knowledge, skills and abilities (KSAs). You do not need to provide separate narrative responses to these KSAs, as they will be measured by your responses to the occupational questionnaire (you may preview the occupational questionnaire by clicking the link at the end of the Evaluations section of this vacancy announcement).

1. Knowledge of constitutional law, administrative law, and the law relating to Federal education programs, ie the complex provisions of the General Education Provisions Act. (More of a KSA) and Federal Grants Management Knowledge of 2 CFR part 200 (Uniform Guidance).
2. Skill in managing complex litigation, including preparing legal briefs, handling administrative records and discovery, and representing the agency.

Education Education cannot be substituted for experience for this position and grade level. Other Information Veterans' Career Counseling: If you are a veteran interested in receiving tips on preparing a Federal resume and/or how to prepare for an interview, you may email careers@ed.gov to schedule a session with a career counselor ("Veterans Counseling Session" should be placed in the subject line of the email). Student Loan Default: If selected for this position, we will verify that you have not defaulted on any loan funded or guaranteed by the U.S. Department of Education. If you are found to be in default, we will contact you to make arrangements for repayment prior to making an official offer of employment. Suitability and Investigation: If selected for this position, you will be required to complete the Declaration for Federal Employment (OF-306) to determine your suitability for federal employment and successfully complete a pre-appointment investigation/background check. Essential/Non-Essential: This position is considered non-essential for purposes of reporting to work during federal government closures. Financial Disclosure: This position does not require financial disclosure. Bargaining Unit: his position is included in the bargaining unit (American Federation of Government Employees (AFGE) Local 252). Selections: Agencies have broad authority under law to hire from any appropriate source of eligibles and may fill a vacancy in the competitive service by any method authorized. We may make additional selections from this vacancy announcement within 90 days from the date the selection certificates are issued, should vacancies occur. We may also share selection certificates amongst program offices across the agency. Reasonable Accommodation Requests: If you believe you have a disability (i.e., physical or mental), covered by the Rehabilitation Act of 1973 as amended that would interfere with completing the USA Hire Competency Based Assessments, you will be granted the opportunity to request a RA in your online application. Requests for RA for the USA Hire Competency Based Assessments and appropriate supporting documentation for RA must be received prior to starting the USA Hire Competency Based Assessments. Decisions on requests for RA are made on a case-by-case basis. If you meet the minimum qualifications of the position, after notification of the adjudication of your request, you will receive an email invitation to complete the USA Hire Competency Based Assessments, based on your adjudication decision. You must complete all assessments within 48 hours of receiving the URL to access the USA Hire Competency Based Assessments, if you received the link after the close of the announcement. To determine if you need a RA, please review the Procedures for Requesting a Reasonable Accommodation for Online Assessments here: https://help.usastaffing.gov/Apply/index.php?title=Reasonable_Accommodations_for_USA_Hire If you are unable to apply online and would like to request information about the Alternate Application process, please use the contact information at the bottom of this announcement. Required Documents

-A resume demonstrating your education, experience, training, and accomplishments as it relates to the qualifications for this position and substantiating your responses to the occupational questionnaire. Please limit your resume to 2 pages with the font size no smaller than 10 points. If your resume is more than 2 pages, only the first 2 pages will be reviewed and considered for the qualifications determination..

Cover letter if applicable. You are not required to submit bar card or transcripts to apply to the vacancy announcement, but you will be required to submit them upon request from hiring panel or the HR Specialist. Writing sample and/or list of references may be required of selected applicants at later stages in the selection process.

If you are claiming Veterans' Preference you must submit: -A copy of your DD-214 that shows active service and character of discharge, member copy 4 (Separated Members only); OR -A certification of expected discharge or release from active duty under honorable conditions within 120 days from the date of application (Current Active Duty Members only); AND/OR -The Application for 10-Point Veteran Preference (SF-15) AND all documents indicated on the form as proof of type of preference; AND/OR -Proof of Sole Survivorship Preference (e.g., certificate of death or 100% disability as a result of serving in the armed forces). Veteran's Preference: Department of the Education attorney positions are in the excepted service, not the competitive civil service. There is no formal system for applying veterans' preference to attorney appointments in the excepted service; however, the Department of the Education considers veterans' preference eligibility as a positive factor consideration in the attorney hiring process. If you are eligible for veterans' preference in hiring, you are encouraged to include that information in your application along with the supporting documentation, e.g., SF-15, DD 214, Certificate of Release or Discharge from Active Duty, or other supporting documentation.

How to Apply

Please read the entire announcement and all the instructions before you begin an application. To apply and be considered for this position, you must complete all required questionnaires, assessments and submit all required documentation as specified in the How to Apply and Required Documents section. The complete application package must be submitted by 11:59 PM (ET) on the closing date of the announcement to receive consideration. The application process is as follows:
1. Click the Apply Online button.
2. Answer the questions presented in the application and attach all necessary supporting documentation.
3. Click the Submit Application button prior to 11:59 PM (ET) on the announcement closing date.
4. If you are required to complete any USA Hire Assessments, you will be notified after submitting your application. The notification will be provided in your application submission screen and via email. The notification 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.
5. Access USA Hire using your unique assessment link. Access is granted through your USAJOBS login credentials.
6. 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.
7. 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.
8. 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.

For more general information, system requirements, reasonable accommodation information, and to request assistance regarding the USA Hire Assessments, review the following resources: https://help.usastaffing.gov/Apply/index.php?title=USA_Hire_Assessments

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.

To view the announcement status or your application status: Click on this: https://www.usajobs.gov/Help/how-to/application/status/. Your application status page is where you can view your application status, USA Hire assessment completion status, and review your notifications sent by the hiring agency regarding your application.

Benefits As an ED employee, you will also benefit from our family-friendly work environment. As part of our commitment to maintain a work life balance, we offer excused leave for Parent/Teacher Conferences (3 hours); excused leave for annual health screenings (4 hours); and matching leave for community volunteer service. Other flexibilities that may be available to you include alternative work schedules. You may be eligible to receive a recruitment incentive for this position. To receive this incentive payment, you will be required to sign a service agreement obligating you to remain with the U.S. Department of Education for a specified period as agreed upon. You may be eligible to receive a relocation incentive for this position. To receive this incentive payment, you will be required to sign a service agreement obligating you to remain with the U.S. Department of Education for a specified period as agreed upon. You may be eligible to participate in the Student Loan Repayment Program as a recruitment incentive for this position. To receive student loan repayments, you will be required to sign a service agreement obligating you to remain with the U.S. Department of Education for a specified period as agreed upon.