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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2521 Introduced in House (IH)]

  1st Session
                                H. R. 2521

              To establish a Federal Statistical Service.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 24, 1995

    Mr. Horn (for himself, Mr. Clinger, Mr. Petri, Mrs. Johnson of 
 Connecticut, Mr. Chrysler, Mr. Ehlers, Mr. Faleomavaega, Mr. Hobson, 
 Mr. Knollenberg, Mr. Leach, Mr. Rogers, and Mr. Davis) introduced the 
   following bill; which was referred to the Committee on Government 
Reform and Oversight, and in addition to the Committee on Economic and 
 Educational Opportunities, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
              To establish a Federal Statistical Service.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Statistical 
Consolidation Act of 1995''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                      TITLE I--GENERAL PROVISIONS

Sec. 101. Findings.
Sec. 102. Sense of the Congress.
Sec. 103. Definitions.
       TITLE II--ESTABLISHMENT OF THE FEDERAL STATISTICAL SERVICE

Sec. 201. Establishment.
Sec. 202. Principal officers.
Sec. 203. Federal Council on Statistical Policy.
             TITLE III--TRANSFERS OF FUNCTIONS AND OFFICES

Sec. 301. Transfer of the Bureau of the Census.
Sec. 302. Transfer of the Bureau of Economic Analysis.
Sec. 303. Transfer of the Bureau of Labor Statistics.
Sec. 304. Transfer date.
                  TITLE IV--ADMINISTRATIVE PROVISIONS

                    Subtitle A--Personnel Provisions

Sec. 401. Officers and employees.
Sec. 402. Experts and consultants.
Sec. 403. Acceptance of voluntary services.
             Subtitle B--General Administrative Provisions

Sec. 411. General authority.
Sec. 412. Delegation.
Sec. 413. Reorganization.
Sec. 414. Contracts.
Sec. 415. Regulations.
Sec. 416. Seal.
Sec. 417. Annual report.
       TITLE V--TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

Sec. 501. Transfer and allocation of appropriations and personnel.
Sec. 502. Incidental transfers.
Sec. 503. Savings provisions.
Sec. 504. References.
Sec. 505. Proposed changes in law.
Sec. 506. Transition.
Sec. 507. Interim appointments.

                      TITLE I--GENERAL PROVISIONS

SEC. 101. FINDINGS.

    The Congress, recognizing the importance of statistical information 
in the development of national priorities and policies and in the 
administration of public programs, hereby finds and declares that--
            (1) improved coordination and planning among the 
        statistical programs of the Government is necessary to 
        strengthen and improve the quality and utility of Federal 
        statistics and to reduce duplication and waste in information 
        collected for statistical purposes;
            (2) while the demand for statistical information has grown 
        substantially over the past 30 years, the lack of coordinated 
        planning within the decentralized Federal statistical system 
        has limited the usefulness of statistics in defining problems 
        and determining national policies to deal with complex social 
        and economic issues;
            (3) a Governmentwide statistical policy needs to be 
        established to ensure that data available from Federal 
        statistical programs are responsive to the information needs of 
        the President and the Congress in developing national policies, 
        and that necessary statistical information is collected with 
        the smallest practical imposition of reporting burden on 
        individuals, businesses, and public entities;
            (4) a central statistical policy and coordination office is 
        necessary to develop and implement a Federal statistical 
        policy, to establish priorities for Federal statistical 
        programs, to oversee and evaluate the statistical programs of 
        the Government, and to ensure that data collected for 
        statistical purposes by the Government are collected and 
        reported in accordance with established standards; and
            (5) it is conducive and integral to sound policy that the 
        heads of major statistical agencies within a department or 
        agency of the Government have direct access to the head of such 
        department or agency.

SEC. 102. SENSE OF THE CONGRESS.

    (a) Chief Statistician.--It is the sense of the Congress that--
            (1) a more centralized statistical system is integral to 
        efficiency;
            (2) with increased efficiency comes better integration of 
        research, methodology, survey design, and taking advantage of 
        economies of scale;
            (3) the Chief Statistician must have the authority, 
        personnel, and other resources necessary to carry out the 
        duties of that office effectively, including duties relating to 
        statistical forms clearance;
            (4) statistical forms clearance at the Office of Management 
        and Budget should be better distinguished from regulatory forms 
        clearance; and
            (5) recognizing that the Chief Statistician has numerous 
        responsibilities with respect to statistical policy and 
        coordination, the Chief Statistician should have a direct 
        reporting relationship with the Director of the Office of 
        Management and Budget.
    (b) Confidentiality.--It is the sense of the Congress that--
            (1) Government entities (including the Federal Council on 
        Statistical Policy and the Interagency Council on Statistical 
        Policy) and private entities should examine the efficacy of 
        replacing the individual confidentiality provisions of 
        statistical agencies with a single, uniform standard that 
        guarantees confidentiality across the affected agencies; and
            (2) those entities should also examine the sharing of 
        confidential data for statistical purposes within the Federal 
        Statistical Service and special arrangements to permit the 
        sharing of confidential data for statistical purposes with 
        State agencies cooperating with Federal agencies in statistical 
        programs.
    (c) Decennial Censuses.--It is the sense of the Congress that the 
budget and functions of the Bureau of the Census relating to any 
decennial census of population should be segregated from the other 
budget and functions of the Bureau of the Census.

SEC. 103. DEFINITIONS.

    As used in this Act, unless otherwise provided or indicated by the 
context:
            (1) The term ``Service'' means the Federal Statistical 
        Service.
            (2) The term ``Administrator'' means the Administrator of 
        the Federal Statistical Service.
            (3) The term ``Deputy Administrator'' means the Deputy 
        Administrator of the Federal Statistical Service.
            (4) The term ``function'' includes any duty, obligation, 
        power, authority, responsibility, right, privilege, activity, 
        or program.
            (5) The term ``office'' includes any office, bureau, 
        institute, council, unit, or organizational entity, or any 
        component thereof.
            (6) The term ``Council'' means the Federal Council on 
        Statistical Policy under section 203.
            (7) The term ``census of population'' has the meaning given 
        such term by section 141(g) of title 13, United States Code.
            (8) The term ``Chief Statistician'' means the Chief 
        Statistician of the Office of Management and Budget.

       TITLE II--ESTABLISHMENT OF THE FEDERAL STATISTICAL SERVICE

SEC. 201. ESTABLISHMENT.

    The Federal Statistical Service is hereby established as an 
independent establishment in the executive branch of the Government.

SEC. 202. PRINCIPAL OFFICERS.

    (a) Administrator.--(1) There shall be at the head of the Service 
an Administrator of the Federal Statistical Service, who shall be 
appointed, from among individuals nominated for that purpose by the 
Federal Council on Statistical Policy who are experienced in the 
collection and utilization of statistical data or survey research, by 
the President, by and with the advice and consent of the Senate.
    (2) The Service, including all functions and offices transferred to 
it under this Act, shall be administered, in accordance with the 
provisions of this Act, under the supervision and direction of the 
Administrator.
    (3) The Administrator shall receive basic pay at the rate payable 
for level II of the Executive Schedule under section 5313 of title 5, 
United States Code.
    (b) Deputy Administrator.--(1) There shall be in the Service a 
Deputy Administrator of the Federal Statistical Service who shall be 
appointed, from among individuals nominated for that purpose by the 
Federal Council on Statistical Policy who are experienced in the 
collection and utilization of statistical data or survey research, by 
the President, by and with the advice and consent of the Senate.
    (2) During the absence or disability of the Administrator, or in 
the event of a vacancy in the office of the Administrator, the Deputy 
Administrator shall act as Administrator. The Deputy Administrator 
shall perform such other duties and exercise such powers as the 
Administrator may from time to time prescribe.
    (3) The Deputy Administrator shall receive basic pay at the rate 
payable for level III of the Executive Schedule under section 5314 of 
title 5, United States Code.
    (c) Bureau Directors.--(1) There shall be in the Service--
            (A) a Director of the Census who shall, on the transfer of 
        functions and offices under title III, serve as the head of the 
        Bureau of the Census;
            (B) a Director of the Bureau of Economic Analysis who 
        shall, on the transfer of functions and offices under title 
        III, serve as the head of the Bureau of Economic Analysis; and
            (C) a Director of the Bureau of Labor Statistics who shall, 
        on the transfer of functions and offices under title III, serve 
        as the head of the Bureau of Labor Statistics.
    (2) Each of the Directors shall be appointed by the President, by 
and with the advice and consent of the Senate.
    (3) The Director of the Bureau of Labor Statistics appointed after 
the date of the enactment of this section shall receive basic pay at 
the rate payable for level IV of the Executive Schedule under section 
5315 of title 5, United States Code. The Director of the Census shall 
receive basic pay at the rate payable for level IV of the Executive 
Schedule under section 5315 of such title.
    (4)(A) The position of Director of the Bureau of Economic Analysis 
shall be a Senior Executive Service position.
    (B) For purposes of this paragraph, the term ``Senior Executive 
Service position'' shall have the meaning given to it by section 
3132(a) of title 5, United States Code.
    (5) The term of office for each Director shall be as specified in 
otherwise applicable provisions of law, except that, notwithstanding 
section 21 of title 13, United States Code, the term of the Director of 
the Census shall be 4 years.
    (d) General Counsel.--There shall be in the Service a General 
Counsel who shall administer the Office of General Counsel of the 
Federal Statistical Service. The General Counsel shall be appointed by 
the President, by and with the advice and consent of the Senate. The 
General Counsel shall receive basic pay at the rate payable for level 
IV of the Executive Schedule under section 5315 of title 5, United 
States Code.
    (e) Inspector General.--There shall be in the Service an Inspector 
General appointed in accordance with the Inspector General Act of 1978. 
The Inspector General shall receive basic pay at the rate payable for 
level IV of the Executive Schedule under section 5315 of title 5, 
United States Code.

SEC. 203. FEDERAL COUNCIL ON STATISTICAL POLICY.

    (a) Establishment.--There shall be in the Service a Federal Council 
on Statistical Policy.
    (b) Composition.--The Council shall be composed of 9 members as 
follows:
            (1) The Administrator of the Federal Statistical Service.
            (2) The Director of the Census.
            (3) The Director of the Bureau of Labor Statistics.
            (4) The Director of the Bureau of Economic Analysis.
            (5) The Chief Statistician of the Office of Management and 
        Budget.
            (6) 2 members appointed by the Majority Leader of the 
        Senate from among individuals who--
                    (A) are not officers or employees of the 
                Government; and
                    (B) are especially qualified to serve on the 
                Council by virtue of experience relating to one or more 
                of the bureaus referred to in title III.
            (7) 2 members appointed by the Speaker of the House of 
        Representatives from among individuals who--
                    (A) are not officers or employees of the 
                Government; and
                    (B) are especially qualified to serve on the 
                Council by virtue of experience relating to one or more 
                of the bureaus referred to in title III.
    (c) Terms.--(1) Each member under subsection (b)(6) shall be 
appointed for a term of 5 years, except that, of the members first 
appointed--
            (A) 1 shall be appointed for a term of 5 years; and
            (B) 1 shall be appointed for a term of 3 years.
    (2) Each member under subsection (b)(7) shall be appointed for a 
term of 5 years, except that, of the members first appointed--
            (A) 1 shall be appointed for a term of 5 years; and
            (B) 1 shall be appointed for a term of 2 years.
    (d) Functions.--(1) The Council shall--
            (A) make any nominations required under section 202(a)(1);
            (B) serve as an advisory body to the Chief Statistician on 
        confidentiality issues, such as those relating to--
                    (i) the collection or sharing of data for 
                statistical purposes among Federal agencies; and
                    (ii) the sharing of data, for statistical purposes, 
                by States and political subdivisions with the Federal 
                Government; and
            (C) establish a Governmentwide statistical policy as 
        described in section 101(3).
    (2) The Council shall study and, not later than 18 months after the 
date of the enactment of this Act, submit to the Congress a written 
report relating to procedures for the release of major economic and 
social indicators by the Federal Government.
    (3) The Council shall study and, not later than 12 months after the 
date of the enactment of this Act, submit to the Congress a written 
report relating to--
            (A) whether or not the functions of the Bureau of the 
        Census relating to decennial censuses of population could be 
        delineated from the other functions of the Bureau; and
            (B) if so, recommendations on how such a delineation of 
        functions might be achieved.
    (4) The Council shall study and, not later than 12 months after the 
date of the enactment of this Act, submit to the Congress a written 
report relating to--
            (A) as appropriate, making the field offices of the Bureau 
        of the Census part of the field offices of the Bureau of Labor 
        Statistics; and
            (B) any savings anticipated as a result of the 
        implementation of subparagraph (A).
    (e) Compensation.--Members of the Council under subsection (b)(6) 
shall be entitled to receive the daily equivalent of the rate of basic 
pay for level IV of the Executive Schedule under section 5315 of title 
5, United States Code, for each day (including travel time) during 
which they are engaged in the actual performance of duties vested in 
the Council.
    (f) Chairman.--The Chairman of the Council shall be elected by and 
from the members for a term of 1 year.

             TITLE III--TRANSFERS OF FUNCTIONS AND OFFICES

SEC. 301. TRANSFER OF THE BUREAU OF THE CENSUS.

    There is transferred to the Service the Bureau of the Census of the 
Department of Commerce, along with all of its functions and offices.

SEC. 302. TRANSFER OF THE BUREAU OF ECONOMIC ANALYSIS.

    There is transferred to the Service the Bureau of Economic Analysis 
of the Department of Commerce, along with all of its functions and 
offices.

SEC. 303. TRANSFER OF THE BUREAU OF LABOR STATISTICS.

    There is transferred to the Service the Bureau of Labor Statistics 
of the Department of Labor, along with all of its functions and 
offices.

SEC. 304. TRANSFER DATE.

    The transfers of functions and offices under this title shall be 
effective 180 days after the date of the enactment of this Act.

                  TITLE IV--ADMINISTRATIVE PROVISIONS

                    Subtitle A--Personnel Provisions

SEC. 401. OFFICERS AND EMPLOYEES.

    (a) The Administrator may appoint and fix the compensation of such 
officers and employees as may be necessary to carry out the functions 
of the Administrator and the Service. Except as otherwise provided by 
law, such officers and employees shall be appointed in accordance with 
the civil service laws and their compensation shall be fixed in 
accordance with title 5, United States Code.

SEC. 402. EXPERTS AND CONSULTANTS.

    The Administrator may as provided in appropriation Acts obtain the 
services of experts and consultants in accordance with section 3109 of 
title 5, United States Code, and may compensate such experts and 
consultants at rates not to exceed the daily rate prescribed for level 
IV of the Executive Schedule under section 5315 of title 5, United 
States Code.

SEC. 403. ACCEPTANCE OF VOLUNTARY SERVICES.

    (a) In General.--Notwithstanding section 1342 of title 31, United 
States Code, the Administrator may accept, subject to regulations 
issued by the Office of Personnel Management, voluntary services if 
such services--
            (1) are to be uncompensated; and
            (2) will not be used to displace any employee.
    (b) Treatment.--Any individual who provides voluntary services 
under this section shall not be considered a Federal employee for any 
purpose other than for purposes of chapter 81 of title 5, United States 
Code (relating to compensation for injury) and sections 2671 through 
2680 of title 28, United States Code (relating to tort claims).

             Subtitle B--General Administrative Provisions

SEC. 411. GENERAL AUTHORITY.

    In carrying out any function transferred by this Act, the 
Administrator, or any officer or employee of the Service, may exercise 
any authority available by law with respect to such function to the 
official or agency from which such function is transferred, and the 
actions of the Administrator in exercising such authority shall have 
the same force and effect as when exercised by such official or agency.

SEC. 412. DELEGATION.

    Except as otherwise provided in this Act, the Administrator may 
delegate any function to such officers and employees of the Service as 
the Administrator may designate, and may authorize such successive 
redelegations of such functions within the Service as may be necessary 
or appropriate. No delegation of functions by the Administrator under 
this section or under any other provision of this Act shall relieve the 
Administrator of responsibility for the administration of such 
functions.

SEC. 413. REORGANIZATION.

    The Administrator is authorized to allocate or reallocate functions 
among the officers of the Service, and to establish, consolidate, 
alter, or abolish such offices or positions within the Service as may 
be necessary or appropriate.

SEC. 414. CONTRACTS.

    (a) In General.--Subject to the Federal Property and Administrative 
Services Act of 1949 and other applicable Federal law, the 
Administrator may make, enter into, and perform such contracts, grants, 
leases, cooperative agreements, and other similar transactions with 
Federal or other public agencies (including State and local 
governments) and private organizations and persons, and to make such 
payments, by way of advance or reimbursement, as the Administrator may 
determine necessary or appropriate to carry out functions of the 
Administrator or the Service.
    (b) Appropriation Authority Required.--No authority to enter into 
contracts or to make payments under this Act shall be effective except 
to such extent or in such amounts as are provided in advance under 
appropriation Acts.

SEC. 415. REGULATIONS.

    The Administrator may prescribe such rules and regulations as the 
Administrator considers necessary or appropriate to administer and 
manage the functions of the Administrator or the Service, in accordance 
with chapter 5 of title 5, United States Code.

SEC. 416. SEAL.

    The Administrator shall cause a seal of office to be made for the 
Service of such design as the Administrator shall approve. Judicial 
notice shall be taken of such seal.

SEC. 417. ANNUAL REPORT.

    The Administrator, in conjunction with the Council, shall, as soon 
as practicable after the close of each fiscal year, make a single, 
comprehensive report to the President for transmission to the Congress 
on the activities of the Service during such fiscal year.

       TITLE V--TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

SEC. 501. TRANSFER AND ALLOCATION OF APPROPRIATIONS AND PERSONNEL.

    Except as otherwise provided in this Act, the personnel employed in 
connection with, and the assets, liabilities, contracts, property, 
records, and unexpended balance of appropriations, authorizations, 
allocations, and other funds employed, held, used, arising from, 
available to, or to be made available in connection with, the functions 
and offices, or portions thereof, transferred by this Act, subject to 
section 1531 of title 31, United States Code, shall be transferred to 
the Administrator for appropriate allocation. Unexpended funds 
transferred pursuant to this subsection shall be used only for the 
purposes for which the funds were originally authorized and 
appropriated.

SEC. 502. INCIDENTAL TRANSFERS.

    (a) In General.--The Director of the Office of Management and 
Budget, in conjunction with the Administrator, shall make such 
determinations as may be necessary with regard to the functions, 
offices, or portions thereof transferred by this Act, and make such 
additional incidental dispositions of personnel, assets, liabilities, 
grants, contracts, property, records, and unexpended balances of 
appropriations, authorizations, allocations, and other funds held, 
used, arising from, available to, or to be made available in connection 
with such functions, offices, or portions thereof, as may be necessary 
to carry out this Act. The Director shall provide for the termination 
of the affairs of all entities terminated by this Act and, in 
conjunction with the Administrator, for such further measures and 
dispositions as may be necessary to effectuate the purposes of this 
Act.
    (b) Allocation of SES Positions.--After consultation with the 
Director of the Office of Personnel Management, the Director of the 
Office of Management and Budget is authorized to make such 
determinations as may be necessary with regard to the transfer of 
positions within the Senior Executive Service in connection with 
functions and offices transferred by this Act.

SEC. 503. SAVINGS PROVISIONS.

    (a) Continuity of Legal Force and Effect.--All orders, 
determinations, rules, regulations, permits, grants, contracts, 
certificates, licenses, privileges, and any other similar action--
            (1) which have been issued, made, granted, or allowed to 
        become effective by the President, by any Federal department or 
        agency or official thereof, or by a court of competent 
        jurisdiction, in the performance of functions which are 
        transferred under this Act to the Administrator or the Service; 
        and
            (2) which are in effect at the time of such transfer,
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked by the President, the 
Administrator, or the authorized official, a court of competent 
jurisdiction, or by operation of law.
    (b) Pending Proceedings.--(1) This Act shall not affect any 
proceedings, including notices of proposed rulemaking, pending on the 
date of the transfer of functions and offices under title III before 
any department, agency, commission, or component thereof, functions of 
which are transferred by this Act. Such proceedings, to the extent that 
they relate to functions so transferred, shall be continued, except as 
provided in paragraph (3).
    (2) Orders may be issued in such proceedings, appeals may be taken 
therefrom, and payments may be made pursuant to such orders, as if this 
Act had not been enacted. Orders issued in any such proceedings shall 
continue in effect until modified, terminated, superseded, or revoked 
by the Administrator, by a court of competent jurisdiction, or by 
operation of law.
    (3) Nothing in this subsection shall be considered to prohibit the 
discontinuance or modification of any such proceeding under the same 
terms and conditions and to the same extent that such proceeding could 
have been discontinued or modified if this Act had not been enacted.
    (4) The Administrator may prescribe regulations providing for the 
orderly transfer of proceedings continued under this subsection to the 
Service.
    (c) No Effect on Judicial Proceedings.--Except as provided in 
subsection (e)--
            (1) the transfer of functions and offices under title III 
        shall not affect suits commenced prior to the date of such 
        transfer; and
            (2) in all such suits, proceedings shall be had, appeals 
        taken, and judgments rendered in the same manner and effect as 
        if this Act had not been enacted.
    (d) Non-Abatement of Proceedings.--No suit, action, or other 
proceeding commenced by or against any officer in the official capacity 
of such individual as an officer of any department or agency, functions 
of which are transferred by this Act, shall abate by reason of the 
enactment of this Act. No cause of action by or against any department 
or agency, functions of which are transferred by this Act, or by or 
against any officer thereof in the official capacity of such officer 
shall abate by reason of the enactment of this Act.
    (e) Continuation of Proceeding With Substitution of Parties.--If, 
before the date of the transfer of functions and offices under title 
III, any department or agency, or officer thereof in the official 
capacity of such officer, is a party to a suit, and under this Act any 
function of such department, agency, or officer is transferred to the 
Administrator or any other official of the Service, then such suit 
shall be continued with the Administrator or other appropriate official 
of the Service substituted or added as a party.
    (f) Reviewability of Orders and Actions Under Transferred 
Functions.--Orders and actions of the Administrator in the exercise of 
functions transferred under this Act shall be subject to judicial 
review to the same extent and in the same manner as if such orders and 
actions had been by the agency or office, or part thereof, exercising 
such functions immediately preceding their transfer. Any statutory 
requirements relating to notice, hearings, action upon the record, or 
administrative review that apply to any function transferred by this 
Act shall apply to the exercise of such function by the Administrator.

SEC. 504. REFERENCES.

    With respect to any function transferred by this Act and exercised 
on or after the date of such transfer, any reference in any other 
Federal law to any department, commission, or agency or any officer or 
office the functions of which so transferred shall be deemed to refer 
to the Administrator, other official, or component of the Service to 
which this Act transfers such functions.

SEC. 505. PROPOSED CHANGES IN LAW.

    Not later than 90 days after the date of the enactment of this Act, 
the President shall submit to the Congress a description of any changes 
in Federal law necessary to reflect any transfers or other measures 
under this Act.

SEC. 506. TRANSITION.

    (a) Use of Funds.--Funds available to any department or agency (or 
any official or component thereof), the functions or offices of which 
are transferred to the Administrator or the Service by this Act, may, 
with the approval of the Director of the Office of Management and 
Budget, be used to pay the compensation and expenses of any officer 
appointed pursuant to this Act and other transitional and planning 
expenses associated with the establishment of the Service or transfer 
of functions or offices thereto until such time as funds for such 
purposes are otherwise available.
    (b) Use of Personnel.--With the consent of the appropriate 
department or agency head concerned, the Administrator may utilize the 
services of such officers, employees, and other personnel of the 
departments and agencies from which functions or offices have been 
transferred to the Administrator or the Service, for such period of 
time as may reasonably be needed to facilitate the orderly 
implementation of this Act.

SEC. 507. INTERIM APPOINTMENTS.

    (a) Authority to Appoint.--Notwithstanding any other provision of 
law, in the event that one or more officers required by this Act to be 
appointed by and with the advice and consent of the Senate shall not 
have entered upon office on the date of the transfer of functions and 
offices under title III, the President may designate an officer in the 
executive branch to act in such office for 120 days or until the office 
is filled as provided in this Act, whichever occurs first.
    (b) Compensation.--Any officer acting in an office in the 
Department pursuant to the provisions of subsection (a) shall receive 
compensation at the rate prescribed for such office under this Act.
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