HR 3601 — Protecting Consumers from Frivolous Claims Act of 2017

(a) Personnel (1) Appointment (A) In general The Director may fix the number of, and appoint and direct, all employees of the Bureau, in accordance with the applicable provisions of title 5. (B) Employees of the Bureau The Director is authorized to employ attorneys, compliance examiners, compliance supervision analysts, economists, statisticians, and other employees as may be deemed necessary to conduct the business of the Bureau. Unless otherwise provided expressly by law, any individual appointed under this section shall be an employee as defined in section 2105 of title 5 and subject to the provisions of such title and other laws generally applicable to the employees of an Executive agency. (C) Waiver authority (i) In general In making any appointment under subparagraph (A), the Director may waive the requirements of chapter 33 of title 5, 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)),1 while providing for— (I) fair, credible, and transparent methods of establishing qualification requirements for, recruitment for, and appointments to positions; (II) fair and open competition and equitable treatment in the consideration and selection of individuals to positions; (III) fair, credible, and transparent methods of assigning, reassigning, detailing, transferring, and promoting employees. (ii) Veterans preferences In implementing this subparagraph, the Director shall comply with the provisions of section 2302(b)(11),1 regarding veterans’ preference requirements, in a manner consistent with that in which such provisions are applied under chapter 33 of title 5. The authority under this subparagraph to waive the requirements of that chapter 33 shall expire 5 years after July 21, 2010. (2) Compensation Notwithstanding any otherwise applicable provision of title 5 concerning compensation, including the provisions of chapter 51 and chapter 53, the following provisions shall apply with respect to employees of the Bureau: (A) The rates of basic pay for all employees of the Bureau may be set and adjusted by the Director. (B) 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 for the corresponding class of employees. (C) All such employees shall be compensated (including benefits) on terms and conditions that are consistent with the terms and conditions set forth in section 248(l) of this title. (3) Bureau participation in Federal Reserve System Retirement Plan and Federal Reserve System Thrift Plan (A) Employee election Employees appointed to the Bureau may elect to participate in either— (i) both the Federal Reserve System Retirement Plan and the Federal Reserve System Thrift Plan, under the same terms on which such participation is offered to employees of the Board of Governors who participate in such plans and under the terms and conditions specified under section 5584(i)(1)(C) of this title; or (ii) the Civil Service Retirement System under chapter 83 of title 5 or the Federal Employees Retirement System under chapter 84 of title 5, if previously covered under one of those Federal employee retirement systems. (B) Election period Bureau employees shall make an election under this paragraph not later than 1 year after the date of appointment by, or transfer under part F to, the Bureau. Participation in, and benefit accruals under, any other retirement plan established or maintained by the Federal Government shall end not later than the date on which participation in, and benefit accruals under, the Federal Reserve System Retirement Plan and Federal Reserve System Thrift Plan begin. (C) Employer contribution The Bureau shall pay an employer contribution to the Federal Reserve System Retirement Plan, in t...