I
104TH CONGRESS
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 Connecti-
cut, Mr. CHRYSLER, Mr. EHLERS, Mr. FALEOMAVAEGA, Mr. HOBSON,
Mr. KNOLLENBERG, Mr. LEACH, Mr. ROGERS, and Mr. DAVIS) intro-
duced the following bill; which was referred to the Committee on Govern-
ment Reform and Oversight, and in addition to the Committee on Eco-
nomic and Educational Opportunities, for a period to be subsequently de-
termined 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 Representa-
tives 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 statis-
tical 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 nec-
essary 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 eco-
nomic issues;
(3) a Governmentwide statistical policy needs to
be established to ensure that data available from
Federal statistical programs are responsive to the in-
formation 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 individ-
uals, businesses, and public entities;
(4) a central statistical policy and coordination
office is necessary to develop and implement a Fed-
eral statistical policy, to establish priorities for Fed-
eral statistical programs, to oversee and evaluate the
statistical programs of the Government, and to en-
sure that data collected for statistical purposes by
the Government are collected and reported in ac-
cordance 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 Con-
gress that—
(1) a more centralized statistical system is inte-
gral to efficiency;
(2) with increased efficiency comes better inte-
gration of research, methodology, survey design, and
taking advantage of economies of scale;
(3) the Chief Statistician must have the author-
ity, personnel, and other resources necessary to
carry out the duties of that office effectively, includ-
ing duties relating to statistical forms clearance;
(4) statistical forms clearance at the Office of
Management and Budget should be better distin-
guished 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 Direc-
tor of the Office of Management and Budget.
(b) CONFIDENTIALITY.—It is the sense of the Con-
gress 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 individ-
ual confidentiality provisions of statistical agencies
with a single, uniform standard that guarantees con-
fidentiality across the affected agencies; and
(2) those entities should also examine the shar-
ing of confidential data for statistical purposes with-
in the Federal Statistical Service and special ar-
rangements to permit the sharing of confidential
data for statistical purposes with State agencies co-
operating with Federal agencies in statistical pro-
grams.
(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 indi-
cated by the context:
(1) The term ‘‘Service’’ means the Federal Sta-
tistical Service.
(2) The term ‘‘Administrator’’ means the Ad-
ministrator 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, ob-
ligation, power, authority, responsibility, right, privi-
lege, activity, or program.
(5) The term ‘‘office’’ includes any office, bu-
reau, institute, council, unit, or organizational en-
tity, 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 Sta-
tistical 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 Sen-
ate.
(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 su-
pervision 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 Statis-
tical Service who shall be appointed, from among individ-
uals 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 Adminis-
trator, or in the event of a vacancy in the office of the
Administrator, the Deputy Administrator shall act as Ad-
ministrator. The Deputy Administrator shall perform such
other duties and exercise such powers as the Adminis-
trator 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 Bu-
reau of Economic Analysis; and
(C) a Director of the Bureau of Labor Statis-
tics who shall, on the transfer of functions and of-
fices 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 Sen-
ate.
(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 re-
ceive basic pay at the rate payable for level IV of the Exec-
utive Schedule under section 5315 of such title.
(4)(A) The position of Director of the Bureau of Eco-
nomic Analysis shall be a Senior Executive Service posi-
tion.
(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 Serv-
ice 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 Gen-
eral 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 Statis-
tics.
(4) The Director of the Bureau of Economic
Analysis.
(5) The Chief Statistician of the Office of Man-
agement and Budget.
(6) 2 members appointed by the Majority Lead-
er 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 ap-
pointed 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 sec-
tion 202(a)(1);
(B) serve as an advisory body to the Chief Stat-
istician on confidentiality issues, such as those relat-
ing to—
(i) the collection or sharing of data for sta-
tistical purposes among Federal agencies; and
(ii) the sharing of data, for statistical pur-
poses, by States and political subdivisions with
the Federal Government; and
(C) establish a Governmentwide statistical pol-
icy 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 popu-
lation could be delineated from the other functions
of the Bureau; and
(B) if so, recommendations on how such a de-
lineation 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 Exec-
utive 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 vest-
ed 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 ANAL-
YSIS.
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 STATIS-
TICS.
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 com-
pensation of such officers and employees as may be nec-
essary to carry out the functions of the Administrator and
the Service. Except as otherwise provided by law, such of-
ficers 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 ac-
cordance 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 ac-
cept, subject to regulations issued by the Office of Person-
nel 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 vol-
untary services under this section shall not be considered
a Federal employee for any purpose other than for pur-
poses 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 Serv-
ice, may exercise any authority available by law with re-
spect to such function to the official or agency from which
such function is transferred, and the actions of the Admin-
istrator 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 Admin-
istrator may delegate any function to such officers and
employees of the Service as the Administrator may des-
ignate, and may authorize such successive redelegations
of such functions within the Service as may be necessary
or appropriate. No delegation of functions by the Adminis-
trator 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 reallo-
cate functions among the officers of the Service, and to
establish, consolidate, alter, or abolish such offices or posi-
tions within the Service as may be necessary or appro-
priate.
SEC. 414. CONTRACTS.
(a) IN GENERAL.—Subject to the Federal Property
and Administrative Services Act of 1949 and other appli-
cable Federal law, the Administrator may make, enter
into, and perform such contracts, grants, leases, coopera-
tive agreements, and other similar transactions with Fed-
eral or other public agencies (including State and local
governments) and private organizations and persons, and
to make such payments, by way of advance or reimburse-
ment, 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 appro-
priation Acts.
SEC. 415. REGULATIONS.
The Administrator may prescribe such rules and reg-
ulations as the Administrator considers necessary or ap-
propriate 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, 
SAV-
INGS, 
AND 
CONFORMING
PROVISIONS
SEC. 501. TRANSFER AND ALLOCATION OF APPROPRIA-
TIONS AND PERSONNEL.
Except as otherwise provided in this Act, the person-
nel 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 alloca-
tion. Unexpended funds transferred pursuant to this sub-
section 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 Admin-
istrator, shall make such determinations as may be nec-
essary 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 bal-
ances of appropriations, authorizations, allocations, and
other funds held, used, arising from, available to, or to
be made available in connection with such functions, of-
fices, or portions thereof, as may be necessary to carry
out this Act. The Director shall provide for the termi-
nation of the affairs of all entities terminated by this Act
and, in conjunction with the Administrator, for such fur-
ther measures and dispositions as may be necessary to ef-
fectuate the purposes of this Act.
(b) ALLOCATION OF SES POSITIONS.—After con-
sultation with the Director of the Office of Personnel Man-
agement, 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 with-
in the Senior Executive Service in connection with func-
tions 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 perform-
ance 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 offi-
cial, 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 rule-
making, 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 con-
tinued, except as provided in paragraph (3).
(2) Orders may be issued in such proceedings, ap-
peals may be taken therefrom, and payments may be made
pursuant to such orders, as if this Act had not been en-
acted. Orders issued in any such proceedings shall con-
tinue in effect until modified, terminated, superseded, or
revoked by the Administrator, by a court of competent ju-
risdiction, 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 dis-
continued or modified if this Act had not been enacted.
(4) The Administrator may prescribe regulations pro-
viding for the orderly transfer of proceedings continued
under this subsection to the Service.
(c) NO EFFECT ON JUDICIAL PROCEEDINGS.—Ex-
cept 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 en-
acted.
(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 offi-
cer of any department or agency, functions of which are
transferred by this Act, shall abate by reason of the enact-
ment 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 SUBSTI-
TUTION 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 func-
tion 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 trans-
ferred 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 pre-
ceding their transfer. Any statutory requirements relating
to notice, hearings, action upon the record, or administra-
tive review that apply to any function transferred by this
Act shall apply to the exercise of such function by the Ad-
ministrator.
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 func-
tions 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 enact-
ment of this Act, the President shall submit to the Con-
gress a description of any changes in Federal law nec-
essary to reflect any transfers or other measures under
this Act.
SEC. 506. TRANSITION.
(a) USE OF FUNDS.—Funds available to any depart-
ment or agency (or any official or component thereof), the
functions or offices of which are transferred to the Admin-
istrator 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 offi-
cer 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 Ad-
ministrator may utilize the services of such officers, em-
ployees, and other personnel of the departments and agen-
cies 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 offi-
cers 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 offi-
cer 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 sub-
section (a) shall receive compensation at the rate pre-
scribed for such office under this Act.
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