Sec. 5. Administration
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The Director may fix the number of, and appoint and direct, all employees of the Agency, in accordance with the applicable provisions of title 5, United States Code. The Director may employ attorneys, compliance examiners, compliance supervision analysts, economists, technologists, data scientists, designers, ethicists, privacy experts, statisticians, and other employees as may be deemed necessary to conduct the business of the Agency. Unless otherwise provided expressly by law, any individual appointed under this section shall be an employee, as defined in section 2105 of title 5, United States Code, and subject to the provisions of such title and other laws generally applicable to the employees of an Executive agency.
In making any appointment under subparagraph (A), the Director may waive the requirements of chapter 33 of title 5, United States Code, and the regulations implementing such chapter, to the extent necessary to appoint employees on terms and conditions that are consistent with those set forth in section 11(1) of the Federal Reserve Act ( 12 U.S.C. 248(1) ), while providing for— fair, credible, and transparent methods of establishing qualification requirements for, recruitment for, and appointments to positions; fair and open competition and equitable treatment in the consideration and selection of individuals to positions; and fair, credible, and transparent methods of assigning, reassigning, detailing, transferring, and promoting employees.
In implementing this subparagraph, the Director shall comply with the provisions of section 2302(b)(11) of title 5, United States Code, regarding veterans’ preference requirements, in a manner consistent with that in which such provisions are applied under chapter 33 of that title. The authority under this subparagraph to waive the requirements of that chapter 33 shall expire 5 years after the date of enactment of this Act. The Director shall ensure that the specific functional units and offices established under section 5, as well as other units and offices with supervisory, rulemaking, and enforcement duties, are provided with sufficient staff to carry out the functions, duties, and coordination of those units and offices.
In appointing employees of the Agency who are political appointees, the Director shall ensure that the number and duties of such political appointees are as similar as possible to those of other Federal regulatory agencies. For purposes of this subparagraph, the term political appointee means an employee who holds— a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policymaking, or policy-advocating character; a position in the Senior Executive Service as a noncareer appointee (as such term is defined in section 3132(a) of title 5, United States Code); or a position under the Executive Schedule (subchapter II of chapter 53 of title 5, United States Code).
Notwithstanding any otherwise applicable provision of title 5, United States Code, concerning compensation, including the provisions of chapter 51 and chapter 53, the following provisions shall apply with respect to employees of the Agency: The rates of basic pay for all employees of the Agency may be set and adjusted by the Director. The Director shall at all times provide compensation (including benefits) to each class of employees that, at a minimum, are comparable to the compensation and benefits then being provided by the Board of Governors of the Federal Reserve System or the Bureau of Consumer Financial Protection for the corresponding class of employees.
All such employees shall be compensated (including benefits) on terms and conditions that are consistent with the terms and conditions set forth in section 11(l) of the Federal Reserve Act ( 12 U.S.C. 248(l) ). Chapter 71 of title 5, United States Code, shall apply to the Agency and the employees of the Agency. The Director shall establish an office whose powers and duties shall include— providing oversight and enforcement of this Act, rules and orders promulgated under this Act, and Federal privacy laws to ensure that the collection, processing, and sharing of personal data is fair, equitable, and non-discriminatory in treatment and effect; developing, establishing, and promoting data processing practices that affirmatively further equal opportunity to and expand access to housing, employment, credit, insurance, education, healthcare, and other aspects of interstate commerce; coordinating the Agency’s civil rights efforts with other Federal agencies and State regulators, as appropriate, to promote consistent, efficient, and effective enforcement of Federal civil rights laws; working with civil rights advocates, privacy organizations, and data aggregators on the promotion of compliance with the civil rights provisions under this Act, rules and orders promulgated under this Act, and Federal privacy laws; liaising with communities and consumers impacted by practices regulated by this Act and the Agency, to ensure that their needs and views are appropriately taken into account; providing annual reports to Congress on the efforts of the Agency to fulfill its civil rights mandate; and such additional powers and duties as the Director may determine are appropriate.
The Director shall establish a unit whose functions shall include researching, analyzing, assessing, and reporting on— the collection and processing of personal data, including automated decision systems; the collection and processing of personal data by government agencies, including contracts between government agencies and data aggregators; and unfair, deceptive, or discriminatory outcomes that result or are likely to result from the use of automated decision systems, including disparate treatment or disparate impact on the basis of protected class or proxies for protected class.
The Director shall establish a unit, the functions of which shall include identifying and facilitating the development of best practices for consumers to file a complaint, and establishing a single toll-free telephone number, a publicly available website, and a publicly available database, or utilizing an existing publicly available database, to facilitate the centralized collection of, monitoring of, and response to complaints regarding the collection, processing, and sharing of personal data.
The Director shall ensure that— the landing page of the main website of the Agency contains a clear and conspicuous hyperlink to the complaint database described in clause
(i)and shall ensure that such database is user-friendly and in plain writing, as that term is defined in section 3 of the Plain Writing Act of 2010 ( 5 U.S.C. 301 note); and that all information on the website or the database that explains how a complaint with the Agency, as well as reports of the Agency with respect to information contained in that database, shall be provided in each of the 5 most commonly spoken languages, other than English, in the United States, as determined by the Bureau of the Census on an ongoing basis, and in formats accessible to individuals with hearing or vision impairments. The Director shall— make all complaints available to the public on a website of the Agency; place a clear and conspicuous hyperlink on the landing page of the main website of the Agency to the website described under subclause (I); and ensure that such website— is searchable and sortable by an data aggregator; and is user-friendly and written in plain language. In making the information described under clause
(i)available to the public, the Director shall remove all personal data. The Director shall appoint an ombudsman. The ombudsman appointed in accordance with paragraph
(1)shall— act as a liaison between the Agency and any affected person with respect to any problem that such person may have in dealing with the Agency, resulting from the regulatory activities of the Agency; and assure that safeguards exist to encourage complainants to come forward and preserve confidentiality.
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