3211 
ø(C) 
allowing 
for 
anticipatory 
consent with the Senate to assemble 
in an alternate place; 
ø(D) establishing the requirement 
that the Speaker submit to the Clerk 
a list of Members in the order in 
which each shall act as Speaker pro 
tempore in the case of a vacancy in 
the Office of Speaker (including phys-
ical inability of the Speaker to dis-
charge his duties) until the election 
of a Speaker or a Speaker pro tem-
pore, exercising such authorities of 
the Speaker as may be necessary and 
appropriate to that end; 
ø(E) granting authority for the 
Speaker to declare an emergency re-
cess of the House subject to the call 
of the Chair when notified of an im-
minent threat to the safety of the 
House; 
ø(F) granting authority for the 
Speaker, during any recess or ad-
journment of not more than three 
days, in consultation with the Minor-
3212 
ity Leader, to postpone the time for 
reconvening or to reconvene before 
the time previously appointed solely 
to declare the House in recess, in 
each case within the constitutional 
three-day limit; 
ø(G) establishing the authority for 
the Speaker to convene the House in 
an alternate place within the seat of 
Government; and 
ø(H) codifying the long-standing 
practice that the death, resignation, 
expulsion, 
disqualification, 
or 
re-
moval of a Member results in an ad-
justment of the quorum of the House, 
which the Speaker shall announce to 
the House and which shall not be sub-
ject to appeal. 
ø(b) SENSE OF THE HOUSE.—It is the sense 
of the House of Representatives that the Com-
mittee on Rules should act upon the rec-
ommendations provided by the Select Com-
mittee on Homeland Security, and other com-
mittees of existing jurisdiction, regarding the 
jurisdiction over proposed legislation, mes-
3213 
sages, petitions, memorials and other matters 
relating to homeland security prior to or at 
the start of the 109th Congress. 
øSubtitle D—Improvements to 
Information Security 
øSEC. 5031. AMENDMENTS TO CLINGER-COHEN PROVISIONS 
TO ENHANCE AGENCY PLANNING FOR INFOR-
MATION SECURITY NEEDS. 
øChapter 113 of title 40, United States 
Code, is amended— 
ø(1) in section 11302(b), by inserting 
‘‘security,’’ after ‘‘use,’’; 
ø(2) in section 11302(c), by inserting ‘‘, 
including information security risks,’’ 
after ‘‘risks’’ both places it appears; 
ø(3) in section 11312(b)(1), by striking 
‘‘information 
technology 
investments’’ 
and inserting ‘‘investments in informa-
tion technology (including information 
security needs)’’; and 
ø(4) in section 11315(b)(2), by insert-
ing ‘‘, secure,’’ after ‘‘sound’’.
3214 
øSubtitle E—Personnel 
Management Improvements 
øCHAPTER 1—APPOINTMENTS PROCESS 
REFORM 
øSEC. 5041. APPOINTMENTS TO NATIONAL SECURITY POSI-
TIONS. 
ø(a) DEFINITION OF NATIONAL SECURITY PO-
SITION.—For purposes of this section, the term 
‘‘national security position’’ shall include— 
ø(1) those positions that involve ac-
tivities of the United States Government 
that are concerned with the protection of 
the Nation from foreign aggression, ter-
rorism, or espionage, including develop-
ment of defense plans or policies, intel-
ligence or counterintelligence activities, 
and related activities concerned with the 
preservation of military strength of the 
United States and protection of the home-
land; and 
ø(2) positions that require regular use 
of, or access to, classified information. 
ø(b) PUBLICATION
IN
THE FEDERAL REG-
ISTER.—Not later than 60 days after the effec-
tive date of this section, the Director of the
3215 
Office of Personnel Management shall publish 
in the Federal Register a list of offices that 
constitute national security positions under 
section (a) for which Senate confirmation is 
required by law, and the Director shall revise 
such list from time to time as appropriate. 
ø(c) 
PRESIDENTIAL
APPOINTMENTS.—(1) 
With respect to appointment of individuals to 
offices identified under section (b) and listed 
in sections 5315 or 5316 of title 5, United 
States Code, which shall arise after the publi-
cation of the list required by section (b), and 
notwithstanding any other provision of law, 
the advice and consent of the Senate shall not 
be required, but rather such appointment 
shall be made by the President alone. 
ø(2) With respect to appointment of indi-
viduals to offices identified under section (b) 
and listed in sections 5313 or 5314 of title 5, 
United States Code, which shall arise after 
the publication of the list required by section 
(b), and notwithstanding any other provision 
of law, the advice and consent of the Senate 
shall be required, except that if 30 legislative 
days shall have expired from the date on
3216 
which a nomination is submitted to the Sen-
ate without a confirmation vote occurring in 
the Senate, such appointment shall be made 
by the President alone. 
ø(3) For the purposes of this subsection, 
the term ‘‘legislative day’’ means a day on 
which the Senate is in session. 
øSEC. 5042. PRESIDENTIAL INAUGURAL TRANSITIONS. 
øSubsections (a) and (b) of section 3349a 
of title 5, United States Code, are amended to 
read as follows: 
ø‘‘(a) As used in this section— 
ø‘‘(1) the term ‘inauguration day’ 
means the date on which any person 
swears or affirms the oath of office as 
President; and 
ø‘‘(2) the term ‘specified national se-
curity position’ shall mean not more than 
20 positions requiring Senate confirma-
tion, not to include more than 3 heads of 
Executive Departments, which are des-
ignated by the President on or after an 
inauguration day as positions for which 
the duties involve substantial responsi-
bility for national security.