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This Position Is No Longer Available

Job Title:  Attorney Advisor (Litigation), GS-0905-12/13/14
Department:  Department Of Justice
Agency:  Bureau of Alcohol, Tobacco, Firearms, and Explosives
Job Announcement Number:  14-EXC-192-EMH

This position is closed and no longer accepting online applications through USAJOBS.

The contents of the announcement can still be viewed.
$75,621.00 to $138,136.00 / Per Year
Friday, March 28, 2014 to Wednesday, April 09, 2014
Full Time - Permanent
1 vacancy - District of Columbia, DC   View Map
 Applications will be accepted from all U.S. citizens.
Top Secret


About the Agency

ATF is a unique law enforcement agency in the United States Department of Justice that protects our communities from acts of terrorism, violent criminals, criminal organizations, the illegal use and trafficking of firearms, the illegal use and storage of explosives, acts of arson, and the illegal diversion of alcohol and tobacco products. We partner with communities, industries, law enforcement, and public safety agencies to safeguard the public we serve through information sharing, training, research, and use of technology.

This position is located in the Office of the Chief Counsel, Litigation Division, Washington, DC. The incumbent functions as an advocate and legal advisor on a wide variety of matters involving litigation on behalf of the Bureau.

This position is in the Excepted Service.

Relocation and travel expenses may be authorized for this position.


  • Not Required


  • No


  • Must be a U.S. Citizen.
  • A Financial Disclosure Form may be required.
  • Top Secret clearance is required.
  • Pass drug screening and subject to random drug test.
  • One year probationary period is required for alll new attorney(ies).
  • Must provide a writing sample.


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The incumbent is responsible for serving as the agency representative in litigation before the Merit Systems Protection Board (MSPB) and Equal Employment Opportunity Commission (EEOC) and acts as second chair in MSPB and EEOC litigation reaching the Federal district and appellate courts. The incumbent is also responsible for determining the resolution of administrative claims under the Federal Tort Claims Act (FTCA); and the Military Personnel and Civilian Employees Claims Act. The attorney will also serve as agency counsel in litigation involving the FTCA, Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, the Freedom of Information Act, the Privacy Act, challenges to the Federal firearms and explosives laws and regulations pursuant to the Administrative Procedure Act, and constitutional challenges.

Conducts extensive research and analysis, applying the pertinent laws, regulations, judicial decisions, administrative opinions, and the Department and Bureau rulings, to defend actions brought against the Bureau, its employees and the laws it is charged with administering and enforcing. This includes providing thorough and comprehensive litigation reports, motions, memoranda and briefs to the Department of Justice; attending hearings, settlement conferences, mediations, and other forms of alternative dispute resolution; gathering, organizing, and providing responses to discovery requests, and seeking discovery.

Reviews decisions by the courts and other tribunals that were unfavorable to the Government to determine whether to recommend seeking appellate review, which includes considering the effect of the decision as precedent if allowed to stand, the need for consistent application of the law in all jurisdictions, the sufficiency of evidence, and the amount of damages at issue. Such cases also include the appeal of administrative decisions regarding the revocation and denial of Federal firearms and explosives licenses and permits. If an appeal is recommended and approved, may assist in the preparation of the Government’s case before the appellate court.

Provides advice on questions of law or policy involved in the Bureau’s operations, conducts briefings on case status, gives guidance as to litigation risk to ATF officials, and confers with other Department and Government attorneys to defend lawsuits.


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Applicants must possess a J.D. degree from an American Bar Association (ABA) accredited law school. 

All applicant must have one (1) year of specialized expereince as a practicing attorney equivalent to the next lower grade in the Federal service.

Specialized Experience is experience which is in or directly related to the line of work of this position and which has equipped the applicant with particular knowledge, skills and abilities to successfully perform the duties of the position.   Specialized experience for this position is:

  1. Knowledge of the Federal firearms and explosives laws and the Administrative Procedure Act.

 2.  Experience with the resolution of administrative claims under  the Federal Tort Claims Act (FTCA), and the Military Personnel and Civilian Employees Claims Act, and litigation involving the FTCA, Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, the Freedom of Information Act, the Privacy Act,
Equal Employment Opportunity Commission, and Merit Systems Protection Board.”

 3.   Superior analytical and writing skills.

 All Attorneys must possess a professional law degree (J.D. or LL.B).

In addition, all applicants, must be active members in good standing of the bar of any state or territory, or the District of Columbia.

All applicants must meet all qualifications requirements described in this announcement by the closing date.  


Applicants will be rated on the extent and quality of their experience, education and training relative to the duties of the position.  Paid or unpaid experience will be considered. 
To preview questions please click here.


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You can review our benefits at:!benefits.hms?orgId=8&jnum=103247

Veterans Preference Information:  No formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the Department of Justice considers veterans' preference eligibility as a positive factor in attorney hiring. Applicants eligible for veterans' preference must include the information in their cover letter or resume and attach supporting documents (e.g., DD-214, Certificate of Release or Discharge from Active Duty and other supporting documents to their submissions. Although the "point" system is not used, per se, applicants eligible to claim 10-point preference must submit Standard Form SF-15, Application for 10-Point Veteran Preference, and submit the supporting documents required for the specific type of preference claimed (visit OPM website,  for a copy of SF 15,which lists the types of 10-point preference and required supporting document(s). Applicants should note that SF 15 requires supporting documents associated with service-connected disabilities or receipt of nonservice-connected disability pensions to be dated 1991 or later except in the case of service members submitting official statements or retirement orders from a branch of Armed Forces showing that his or her retirement was due to a permanent service-connected disability or that he/she was transferred to the permanent disability retired list (statement or retirement orders must indicate that the disability is 10% or more).


Reasonable Accommodation Statement
The U.S. Department of Justice is an Equal Opportunity/Reasonable Accommodation Employer. Except where otherwise provided by law, there will be no discrimination because of color, race, religion, national origin, political affiliation, marital status, disability (physical or mental), age, sex, gender identity, sexual orientation, genetic information, status as a parent, membership or non-membership in an employee organization, on the basis of personal favoritism, or any non merit factor.

The Department of Justice welcomes and encourages applications from persons with physical and mental disabilities. The Department is firmly committed to satisfying its affirmative obligations under the Rehabilitation Act of 1973, to ensure that persons with disabilities have every opportunity to be hired and advanced on the basis of merit within the Department of Justice. This agency provides reasonable accommodation to applicants with disabilities where appropriate. If you need a reasonable accommodation for any part of the application and hiring process, please notify the agency. Determinations on requests for reasonable accommodation will be made on a case-by-case basis.
It is the policy of the Department to achieve a drug-free workplace and persons selected for employment will be required to pass a drug test which screens for illegal drug use prior to final appointment. Employment is also contingent upon the completion and satisfactory adjudication of a background investigation.

Only U.S. citizens are eligible for employment with the Executive Office for Immigration Review and the United States Attorneys' Offices. Unless otherwise indicated in a particular job advertisement, non-U.S. Citizens may apply for employment with other organizations, but should be advised that appointments of non-U.S. Citizens are extremely rare; such appointments would be possible only if necessary to accomplish the Department's mission and would be subject to strict security requirements. Applicants who hold dual citizenship in the U.S. and another country will be considered on a case-by-case basis.


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This job is filled through a 3-step on-line application process.

STEP ONE - (Online Resume- USAJOBS)

You must create a user account and at least one Federal resume at USAJOBS. Information you provide in USAJOBS is general information completed by all applicants.  The information you provide and your Federal resume will become part of your application and will automatically be transferred to CareerConnector when you apply online. If you have an existing USAJOBS account, simply login and select the resume you wish to include with your application package for this announcement.

STEP TWO - (Vacancy Specific Questions CareerConnector)

In CareerConnector, you will answer vacancy specific questions necessary to evaluate your qualifications for the job to which you are applying.  When completed, the information you provided at USAJOBS and the answers to the CareerConnector questions will become your application package.

STEP THREE - (Supporting Documentation)

You may upload supporting documentation in one of two ways:

1) Once you finish answering the questions in the job announcement, you will be prompted to upload your document(s) to your application package. You will be given the choice to either upload the document as part of the application process, or you can select a document that you've already loaded on USAJOBS, or simply fax supporting documentation, which will provide you the necessary cover sheets for each of your documents so that they will be correctly submitted to the appropriate vacancy announcement.  The fax number will be available on the cover sheet.

(2)  You can upload a document to an existing application by logging into your USAJOBS account profile.  Click on "My Applications" and search for the vacancy. Once you have located the vacancy, click on the vacancy and select  "Apply Online".  Move through your existing application to the Documents page and select "Upload" in order to add a document to your application.  Be certain to review your complete application for confirmation that the document uploaded and click on "Finished" to be returned to USAJOBS.

Your complete online application and any required supplemental documentation (e.g. DD-214) must be received by 11:59 p.m. Eastern Time (ET) on the closing date of this announcement.  It is also your responsibility to ensure all documents are received on time and the materials are readable.

If applying on-line poses a hardship to any applicant, please contact us at the telephone number listed on this announcement.  Applicants MUST CONTACT US PRIOR TO THE CLOSING DATE to speak to someone who can provide assistance for on-line submission.  Requests for extensions will not be granted. Paper applications submitted without prior approval from the agency point of contact may be handled as incomplete.

IMPORTANT INFORMATION:  If your contact information changes after the closing date of this vacancy announcement, update your profile information in MYUSAJOBS as well as contact the Human Resources Specialist listed on this vacancy announcement to ensure you can be contacted throughout the selection process


(1) Resume showing relevant experience (cover letter optional) (Must Provide Writing Sample)
(2) Veterans' Preference documentation (Member copy 4 or Service Copy 2 of DD-214, SF-15, VA letter), if applicable.  
(3) Unofficial law school transcript(s). Official transcript(s) will be required prior to your first day. 
(4.) Individual with disabilities - for more information and proof required see

Prior to selection, the candidate may be required to provide an original copy of any supporting/validating documentation as well as other documentation to verify their eligibility, including proof of active bar membership in good standing. All required materials must be uploaded using the supporting documentation instructions described in the announcement. Failure to provide the required documentation by the closing date of this announcement will result in elimination of further consideration for this position.


Ella Hathaway
Phone: 202-648-8835
Fax: 202-648-9643
TDD: 202-648-9915
Agency Information:
Bureau of Alcohol, Tobacco, Firearms & Explosives
Please apply online
Washington, DC
Fax: 202-648-9643


After the vacancy closes, the Human Resources Office will use the application package to automatically rate, rank and certify candidates. You can check the status of your application anytime by accessing the USAJOBS online application system at  You will need to provide your USAJOBS User ID and Password to access the Track your Online Job Application feature. You may also click on the link provided to access additional information on Career Connector. All applicants will be notified at four (4) stages in the hiring process:
(1) upon receipt of your application;
(2) after your qualifications have been assessed;
(3) whether or not you've been referred to the Selecting Official; and
(4) whether or not you've been selected for the position.

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EEO Policy Statement | Reasonable Accommodation Policy Statement | Veterans Information | Legal and Regulatory Guidance