Clarification from the agency

Applications will be accepted from all U.S. Citizens.

The Attorney-Advisor supports the Department's efforts to implement its ICTS supply chain authorities under Executive Orders (EOs) 13873, 13984, and 14034.

EO 13873 delegated authority to the Secretary of Commerce (Secretary) to review and possibly prohibit or impose mitigation measures on ICTS transactions involving a foreign adversary and that pose certain undue or unacceptable risks to national security. EO 13984 requires the Secretary to develop regulations requiring United States Infrastructure as a Service (IaaS) providers to verify the identity of their foreign customers and authorizing the Secretary to use special measures to deter foreign malicious cyber actors' use of United States IaaS products. EO 14034 directs the Department to develop rules to add the term "connected software applications" to the definition of ICTS transactions, and to establish criteria for evaluating ICTS transactions involving connected software applications in its rules implementing EO 13873. The Department is developing and implementing an ICTS transaction review process under these authorities and is also engaged in multiple rulemaking efforts in support of this process.

The Attorney-Advisor will provide legal advice regarding, and perform functions related to, ongoing and anticipated ICTS transaction reviews as well as related regulatory matters. This includes formulating an investigative strategy, drafting legal memoranda and legal recommendations, drafting administrative subpoenas, reviewing subpoena responses and responsive documents, interacting with outside counsel, assessing evidence, advising and preparing risk assessments, developing measures to resolve any risks, including through mitigation agreements, and making recommendations to the Secretary concerning initial and final determinations.

The Attorney-Advisor will also perform rulemaking and other legal duties related to ICTS work, as assigned. Additional duties include: providing technical legal advice, particularly in connection with the Department's ICTS authorities; drafting and reviewing statutes, regulations, and Executive Orders that include Department equities as they pertain to ICTS; reviewing compliance with statutory, regulatory, and executive order requirements, and coordinating with other Departmental and interagency offices, as necessary; counseling and bringing to the attention of office and Department leadership matters within the purview of the office; and briefing Department leadership on these matters. In addition, the Attorney-Advisor will be required to carry out duties with minimal preliminary instruction and review, often requiring independent legal research, approach planning, and the development of legal recommendations related to the Department's ICTS responsibilities.

PAY SCALE & GRADE: GS 11 - 15. This position will be filled at a grade and step level commensurate with the applicant's experience. The promotion potential of this position is up to GS-15. Promotion to GS-15 is neither guaranteed nor implied.

Conditions of employment

• You must me suitable for Federal employment.
• You must be a U.S. citizen to apply for this position.
• You must successfully pass a background investigation to obtain and maintain a TOP SECRET clearance. This may include a credit check, a review of financial issues, as well as certain criminal offenses and illegal use of possession of drugs..
• Must complete a two-year trial period.
• Selective Service: Males born after 12/31/59 must be registered or exempt from Selective Service (see https://www.sss.gov/)
• If you receive a conditional offer of employment for this position, you will be required to complete an Optional Form 306, Declaration for Federal Employment, and to sign and certify the accuracy of all information in your application.
• All Federal employees are required to have Federal salary payments made by direct deposit to a financial institution of their choosing.
• Drug Test Required: Yes
• Pre-employment physical required: No
• Bargaining Unit Position: No
• Confidential Financial Disclosure Report (OGE form 450): Yes
• Permanent Change of Duty Station (PCS) Expense: Will not be paid

Qualifications

Basic qualifications for all grade levels:

• Must be a graduate with a Juris Doctor (J.D.) degree or equivalent from an accredited law school; and
• You must have bar membership in one of the 50 states, Washington, D.C., Puerto Rico, or the Virgin Islands.

MINIMUM REQUIREMENTS:

GS-11: Applicants applying at the GS-11 grade level must have a J.D. from an accredited law school and active bar membership in one of the 50 states, Washington, D.C., Puerto Rico, or the U.S. Virgin Islands.

GS-12: Applicants applying at the GS-12 grade level must meet GS-11 qualifications plus one year of legal experience, or additional relevant experience that distinguishes an entry-level attorney from the GS-11. This may include: a superior academic record; specific course work or
an internship in the relevant legal area; another graduate or doctoral degree.

GS-13: Applicants applying at the GS-13 grade level must have two years of legal experience or
relevant experience.

GS-14: Applicants applying at the GS-14 grade level requires at least three years of legal
experience.

GS-15: Applicants applying at the GS-15 grade level requires at least four years of legal
experience.

Note: The General Counsel or designee retains the discretion to waive minimum qualifications as described above, as necessary.

The ideal candidate would have one or more of the following:

• Experience in international law and/or national security law;
• Experience promulgating rules in accordance with the Administrative Procedure Act;
• Experience investigating matters, whether in the criminal or civil context;
• Experience litigating matters before a Federal or state court;
• Demonstrated ability to analyze complex and novel legal issues and developing strategies to deal with those issues, often within short deadlines; and
• Strong writing and organizational skills.

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 above qualifications. Applicants will be related based on their education, experience, demonstrated legal research and writing abilities; and performance during the interview process. If the candidate is eligible and meets basic qualifications, the candidate's application package will be evaluated in conjunction with submitted documents, including resume, based on the following
attributes:

1. Knowledge of research strategies and techniques sufficient to research complex legal issues. The issues researched are almost always factually complex and are in areas of law which are in continual state of growth and evolution, thus requiring atypical and innovative research;
2. Knowledge of and experience in litigation techniques and strategies, as well as of conducting investigations or drafting and reviewing Federal regulations;
3. Ability to effectively communicate with diverse clients and constituencies on varied and complex topics;
4. Ability to write clearly, concisely, and persuasively, with particular emphasis on the ability to analyze and explain complex legal issues;
5. Ability to communicate effectively orally with diverse clients and constituencies on varied and complex topics;
6. Ability to maintain effective working and reporting relationships with interagency peers, subject-matter experts, support staff, and management officials;
7. Ability to organize work effectively to meet established deadlines and priorities.

There are no numerical rating systems through which to apply veterans preference; however, the Office of the General Counsel favorably considers veterans preference eligibility in hiring. Applicants eligible for veterans preference are encouraged to include that information in their cover letter or resume. If selected, additional information may be required.