Attorney-Advisor

US Library of Congress
Washington, DC Full Time
POSTED ON 8/16/2024 CLOSED ON 11/19/2024

What are the responsibilities and job description for the Attorney-Advisor position at US Library of Congress?

Duties

The Copyright Royalty and Distribution Act of 2004 revised Section 801 of Title 17 of the United States Code and created a new program, the Copyright Royalty Board (CRB), to determine and adjust royalty rates and terms for the various compulsory license provisions of the Copyright Act, to determine the distribution of royalties deposited with the Copyright Office under these licenses, and to make determinations regarding the status of a digital audio recording device or a digital audio interface device under the provisions of Section 1010 of the Copyright Act. The Music Modernization Act of 2018 Revised Section 801 to require the CRB to also determine the administrative assessment to be paid by digital music providers. The CRB is comprised of three Copyright Royalty Judges.

The position, Attorney-Advisor, reporting to the Supervisory Attorney Advisor provides legal advice and counsel on matters related to the establishment of copyright royalty rates, distribution of royalty fees, assessment of digital audio recording technology and media, the administrative assessment paid by digital music providers, and the implementation of the Judges' procedures.

While performing daily activities, the incumbent is also responsible for ensuring proper handling and security of Library and Copyright Royalty Board materials.

Prepares and presents written and oral information and balanced analyses of complex copyright and intellectual property questions to the Judges or other staff on matters relating to statutory licenses.

Independently provides advice on areas of law in which the research direction is not clear-cut, or the legal issues require the advice and guidance of experts. Provides legal opinions involving all aspects of compulsory license provisions, related statutory obligations, and topics involving difficult and complex legal principles and issues that are not clearly established or are new or novel.

Provides authoritative technical advice and guidance to other attorneys, agency personnel, personnel at other agencies or private organizations and members of the public on various areas of law involving unusual conditions, problems, or questions. When applicable, recommends appropriate actions. Prepares and delivers presentations at programs or meetings employing the incumbent's broad knowledge of legal issues and current copyright and intellectual property concerns related to the compulsory and statutory licenses.

Provides legal counsel on difficult topics to the Supervisory Attorney Advisor, Chief Copyright Royalty Judge, as well as the other Copyright Royalty Judges. Provides advice on problems of law affecting a significant segment of public interest, but do not always have clearly applicable legal precedents due to the newness of the program, the novelty of the issue, or specifics of hearing decisions.

Performs probing and innovative legal research to prepare in-depth analyses, arguments, briefs, and analytical documents on various complex and specialized fields of copyright and intellectual property law in the area of statutory licenses, justifying recommendations or conclusions for the most complex, difficult cases.

Prepares memoranda or reports outlining the facts and legal issues, explaining the application of legal principles and precedents, and justifying recommendations or conclusions.

Reviews complex legal and administrative matters such as proposed administrative policies, procedures and regulations, and evaluates their legality and effect on the program. Analyzes the factual and legal issues presented to determine whether further information is needed, and if so, how best to obtain that information.

Serves as an agency expert in providing legal opinions and final advisory statements regarding extremely complicated questions related to the program. Recommends policies and develops procedures and regulations implementing new or amended legislation for the agency. Ensures the policies, procedures, and regulations are consistent with the intent of the law and are administratively sound, efficient, and economical in operation.

Prepares new procedures and guides for interpretation resulting from changes in statutory law, national policy, and new court decisions. The finished products are in final form and require little, if any, supervisory review. As directed, may serve as a resource to attorneys at the Department of Justice on appeals of decisions rendered by the Judges.

Performs various other duties as assigned.

The position description numbers for this position are 312635 and 312636.

The salary range indicated reflects the locality pay adjustments for the Washington, D.C., Metropolitan area.

The incumbent of this position will work a flextime work schedule.

This is a non-supervisory, bargaining unit position.

Relocation expenses will not be authorized for the person(s) selected under this vacancy announcement.

Requirements

Conditions of Employment

Finalists for these positions may be required to submit a writing sample and/or participate in a presentation exercise.

Library of Congress employees are prohibited from using illegal drugs, including marijuana. The Library is part of the Federal Government and abides by federal law, so regardless of individual state or District of Columbia laws, marijuana use is illegal, considered criminal activity, and can affect your employment at the Library. In addition, past or current drug use and activities (e.g., selling or distributing) may deem you ineligible for employment.

Qualifications

Applicants must have had progressively responsible experience and training sufficient in scope and quality to furnish them with an acceptable level of the following knowledge, skills, and abilities to perform the duties of the position without more than normal supervision.

Ability to draft legal reports, memoranda and documents demonstrating and communicating a knowledge of copyright law, administrative law, or other similarly complex areas of law. **

Ability to conduct legal research on complex legal or policy matters. **

Ability to organize and manage complex litigation documents. **

Ability to provide advice and guidance.

Ability to Work Collaboratively with Others.

Ability to exercise judgment and discretion.

Ability to communicate effectively other than in writing.

Education

Applicants must possess an LL.B. or J.D., or higher degree from a full course of study in a school of law accredited by the American Bar Association or a state-accredited school of law and be an active member in good standing of the bar of a state, the District of Columbia, a territory of the United States, or the Commonwealth of Puerto Rico. Appointees must maintain active membership in good standing of the bar throughout their employment.

The following documents MUST BE ATTACHED to your online application:

  • Legible copies of transcripts demonstrating that applicant is a graduate from an LL.B. or J.D., or higher degree program in a school of law accredited by the American Bar Association or a state-accredited school of law must be attached to your online application. Unofficial transcripts are acceptable at the time of the application. Official documents will be required if selected.
  • Proof of bar membership demonstrating that applicant is an active (or equivalent) member in good standing of the bar of a state, the District of Columbia, a territory of the United States, or the Commonwealth of Puerto Rico.

Failure to submit the required legible documentation at the time of application will result in disqualification of your application.

Foreign Education – Education completed outside the U.S. must be deemed equivalent to conventional/accredited U.S. education programs to be acceptable for Federal employment. If your college/university is outside the U.S., your transcripts must be accompanied by a report from a credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or the Association of International Credentials Evaluators (AICE). Failure to submit a foreign education evaluation report will result in disqualification of your application.

Additional information

Although it is the Library's policy to afford the maximum pay benefit to employees when setting rates of pay, a new appointee who has had no previous Federal service will generally be paid at step one of the grade.

The Library of Congress is an equal opportunity employer. Women, minorities, and persons with disabilities who meet eligibility requirements are strongly encouraged to apply.

Applicants must submit a complete application package that is received by the closing date of this announcement.

Appointment/retention is subject to a favorable evaluation of an appropriate personnel security/suitability investigation. For more information, please see:Vetting Process

This agency provides reasonable accommodation to applicants with disabilities. If you need a reasonable accommodation for any part of the application and hiring process, please email ADA@loc.gov. The decision on granting reasonable accommodation will be determined on a case-by-case basis.

Applicants with disabilities may be considered under special hiring procedures and must submit an appropriate certificate of eligibility when applying for this position. The proof or disability/certification may be issued by the State Vocational Rehabilitation Office, Disability Services or Career Services office of the applicant’s college or university, or the Department of Veterans Affairs. The letter must verify that the applicant has a severe disability and must be dated within three years of the date of the application. Certification from health care providers are not accepted. For more information contact the Library's Office of EEO/Diversity Programs at 202-707-6024 or email spp@loc.gov. FAILURE TO SUBMIT YOUR CERTIFICATION WILL CAUSE YOUR APPLICATION TO NOT BE CONSIDERED UNDER THE SELECTIVE PLACEMENT PROGRAM.

The Library of Congress is the national library of the United States and is part of the Legislative Branch of the Federal government. As such, all positions are in the excepted service.

The Library reserves the right to fill a lesser or greater number of vacancies indicated during the life of this vacancy announcement.

Initial permanent appointments to the Library of Congress require completion of a one-year probationary period. Probationary periods served at other Federal agencies do not count toward this requirement.

The Library of Congress may offer repayment for all or part of federally insured student loans. However, not all service units within the Library of Congress participates in the repayment of federally insured student loans. Therefore, determination to repay a federally insured student loan is subject to approval by the appropriate service unit.

A “Not to Exceed" (NTE) status is used to identify an appointment with a specific ending date. However, the Library has the right to separate a NTE employee at any time due to either performance issues or budget constraints.

Are you a veteran? Please indicate the type of veterans' preference you are claiming in your application materials and/or applicant profile and provide the appropriate supporting documentation to validate your claim. Those applying for 5-point preference must submit Member Copy 4 of your DD 214. Those applying for 10-point preference must fill out an SF-15 (click here for the form) and provide the required documentation listed on the back of the form. If required supporting documentation is not attached, Veterans' Preference will not be considered in the application process.


  • Benefits

    A career with the U.S. government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding. Opens in a new windowLearn more about federal benefits.

    Review our benefits

    Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time or intermittent. Contact the hiring agency for more information on the specific benefits offered.

How You Will Be Evaluated

You will be evaluated for this job based on how well you meet the qualifications above.

The Library of Congress evaluates applicants through an applicant questionnaire and a structured interview. Applicants may also be screened for some jobs through licensing, certification, and/or education requirements, a narrative/application review, and/or a preliminary telephone interview. The knowledge, skills, and abilities (KSAs) that are marked with a double asterisk (**) in the vacancy announcement and the applicant questionnaire are considered the most critical for a position. To be considered for final selection, applicants must demonstrate fully acceptable experience in these designated KSAs in the narrative/application review, preliminary telephone and/or full structured interview. The various assessment tools listed above are designed to verify or explore applicants' experience, knowledge, and training directly related to the job in order to identify the best qualified applicants for selection.

For more information regarding eligibility requirements, please see the Library of Congress Merit Selection Plan, Section 8.5, at: Merit Selection Plan



You may preview questions for this vacancy.

  • Benefits

    A career with the U.S. government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding. Opens in a new windowLearn more about federal benefits.

    Review our benefits

    Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time or intermittent. Contact the hiring agency for more information on the specific benefits offered.

  • Required Documents

    As a new or existing federal employee, you and your family may have access to a range of benefits. Your benefits depend on the type of position you have - whether you're a permanent, part-time, temporary or an intermittent employee. You may be eligible for the following benefits, however, check with your agency to make sure you're eligible under their policies.

    Current or former federal employees must submit their most recent Notification of Personnel Action (SF-50 or equivalent).

    Applicants with disabilities may be considered under special hiring procedures and must submit an appropriate certificate of eligibility when applying for this position. The proof or disability/certification may be issued by the State Vocational Rehabilitation Office, Disability Services or Career Services office of the applicant’s college or university, or the Department of Veterans Affairs. The letter must verify that the applicant has a severe disability and must be dated within three years of the date of the application. The program does not accept certification from health care providers. For more information contact the Library's Office of Equal Employment Opportunity and Diversity Programs at 202-707-6024 or email spp@loc.gov. FAILURE TO SUBMIT YOUR CERTIFICATION WILL CAUSE YOUR APPLICATION TO NOT BE CONSIDERED UNDER THE SELECTIVE PLACEMENT PROGRAM.

    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.

  • How to Apply

    Please carefully follow all instructions under the How to Apply tab to ensure you are considered for the position.

    You are required to apply online for this announcement. We are unable to accept mailed or emailed documents. You must complete the entire application process, including submission of all documents BEFORE this announcement closes. To do so, complete the following steps.

    Step 1: If you do not already have one, create a resume on USAJOBS. Although you must enter your Social Security Number for USAJOBS, this information will not be provided to the Library of Congress.

    Step 2: Review the Job Announcement. We recommend you go to the end of the Qualification and Evaluation section of the job announcement to preview the online questions that you will answer in Step 4. You may wish to customize your USAJOBS resume to ensure that it supports your responses to these questions.

    Step 3: Click on the "APPLY ONLINE" button to the right of this announcement. Follow USAJOBS' instructions to access your account and submit your resume. You will be redirected to the Hiring Management website to complete the application process. If this is your first time in Hiring Management, you will be asked to answer questions related to your eligibility for Federal employment. You will be able to update this information and save it to our account for future announcements.

    Step 4: Once you have completed the eligibility questions, you will be taken directly to the vacancy application questions. Answer all questions honestly and thoroughly.

    Step 5: Hiring Management offers three options that will electronically attach your documentation to your online application once you finish answering the questions in the job announcement.
    (1) You may select a document that you have already uploaded to USAJOBS for a previous announcement.
    (2) You may electronically upload a document directly from your computer to your application. Be certain to review your complete application for confirmation of the document uploaded and click on "Finished" to be returned to USAJOBS.

    IMPORTANT NOTE: If you have multiple documents of the same kind, e.g. 2 undergraduate transcripts from different schools or 2 SF-50s, etc., be sure that they are all in the same file on your computer or in your USAJOBS profile before uploading them. If you try uploading them individually, only the last one sent will be visible in our system. If you have any questions about this information, please contact the person on this announcement BEFORE the closing date.

    Step 6: Click on "Finish" after you have completed your application. Once you have submitted your application, you can check your status online through your Hiring Management or MY USAJOBS account. Your complete online application and any required supplemental documentation (e.g., SF-50, etc.) must be received by 11:59 p.m. Eastern Standard Time (EST) on the closing date of the announcement. It is your responsibility to ensure that all documents are received on time and that the materials are readable. Failure to do so will result in your application being excluded from consideration for this announcement.

    If you are experiencing any technical difficulty with the online process, you MUST CONTACT THE POINT OF CONTACT FOR THIS ANNOUNCEMENT BEFORE THE CLOSING DATE. For all technical issues please contact jobhelp@loc.gov , no later than 4:30pm EST of the Closing Date. REQUESTS FOR EXTENSIONS WILL NOT BE GRANTED.

    Agency contact information

    Customer Service Center
    Phone
    202-707-5620
    Fax
    000-000-0000
    Email
    JobHelp@loc.gov
    Address
    LIBRARY OF CONGRESS
    101 Independence Ave. SE
    LM-107
    Washington, District of Columbia 20540
    United States

    Next steps

    Please review our evaluation process under Evaluation. You may check the status of your application for this position at any time by logging onto the USAJOBS "My USAJOBS" tab and clicking on "My Applications." You will receive final notification via e-mail when the vacancy has been filled.

  • Fair and Transparent

    The Federal hiring process is set up to be fair and transparent. Please read the following guidance.

    • Criminal history inquiries
    • Equal Employment Opportunity (EEO) Policy
    • Financial suitability
    • New employee probationary period
    • Privacy Act
    • Reasonable accommodation policy
    • Selective Service
    • Signature and false statements
    • Social security number request

Required Documents

Current or former federal employees must submit their most recent Notification of Personnel Action (SF-50 or equivalent).

Applicants with disabilities may be considered under special hiring procedures and must submit an appropriate certificate of eligibility when applying for this position. The proof or disability/certification may be issued by the State Vocational Rehabilitation Office, Disability Services or Career Services office of the applicant’s college or university, or the Department of Veterans Affairs. The letter must verify that the applicant has a severe disability and must be dated within three years of the date of the application. The program does not accept certification from health care providers. For more information contact the Library's Office of Equal Employment Opportunity and Diversity Programs at 202-707-6024 or email spp@loc.gov. FAILURE TO SUBMIT YOUR CERTIFICATION WILL CAUSE YOUR APPLICATION TO NOT BE CONSIDERED UNDER THE SELECTIVE PLACEMENT PROGRAM.

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.


Help

This job is open to

  • The public

    U.S. Citizens, Nationals or those who owe allegiance to the U.S.

Clarification from the agency

Anyone may apply - By law, employment at most U.S. Government agencies, including the Library of Congress, is limited to U.S. citizens. However, non-citizens may be hired, provided that other legal requirements are met and the Library determines there are no qualified U.S. citizens available for the position.

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