§ 301. Department of the Treasury

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1982

   Pub. L. 97–258 · 96 Stat. 878

   Enacted · 31 U.S.C. § 301

   Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 878

   Source evidence

   Code source credit
   Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 878

2. 1984

   Pub. L. 98–594 § 1(a) · 98 Stat. 3129

   Substituted · 31 U.S.C. § 301(e)

   Pub. L. 98–594 substituted “7” for “5”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 98–594 substituted “7” for “5”.

3. 1985

   Pub. L. 99–190 § 141 · 99 Stat. 1185

   1. Substituted · 31 U.S.C. § 301(d)

      Pub. L. 99–190 substituted “2 Under Secretaries” for “an Under Secretary, an Under Secretary for Monetary Affairs”

   2. Substituted · 31 U.S.C. § 301(d)

      Pub. L. 99–190 substituted “The President may designate one Under Secretary as Counselor” for “When appointing the Under Secretary, the President may designate the Under Secretary as Counselor”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 99–190 substituted “2 Under Secretaries” for “an Under Secretary, an Under Secretary for Monetary Affairs” and “The President may designate one Under Secretary as Counselor” for “When appointing the Under Secretary, the President may designate the Under Secretary as Counselor”.

   Enacted provision · exact public law section
   Sec. 141. Section 301(d) of title 31, United States Code, is amended in the first sentence by striking out the phrase “an Under Secretary, an Under Secretary for Monetary Affairs” and inserting in lieu thereof the phrase “2 Under Secretaries”; and by striking out the fourth sentence and inserting in lieu thereof the following new sentence: “The President may designate one Under Secretary as Counselor.”.

4. 1994

   Pub. L. 103–211 title II § 2003(a) · 108 Stat. 3

   Inserted · 31 U.S.C. § 301(d)

   Pub. L. 103–211 inserted “an Under Secretary for Enforcement,” after “2 Under Secretaries,”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 103–211 inserted “an Under Secretary for Enforcement,” after “2 Under Secretaries,”.

5. 2003

   Intelligence Authorization Act for Fiscal Year 2004

   Pub. L. 108–177 title I § 105(d)(2) · 117 Stat. 2599

   Substituted · 31 U.S.C. § 301(e)

   Pub. L. 108–177 substituted “8” for “7”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 108–177 substituted “8” for “7”.

   Enacted provision · exact public law section
   (2) Title 31.— Section 301(e) of title 31, United States Code, is amended by striking “7” and inserting “8”.

6. 2007

   Foreign Investment and National Security Act of 2007

   Pub. L. 110–49 § 11(a) · 121 Stat. 246

   Substituted · 31 U.S.C. § 301(e)

   Pub. L. 110–49 substituted “9 Assistant” for “8 Assistant”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 110–49 substituted “9 Assistant” for “8 Assistant”.

   Enacted provision · exact public law section
   (a) Title 31.— Section 301(e) of title 31, United States Code, is amended by striking “8 Assistant” and inserting “9 Assistant”.

7. 2008

   Emergency Economic Stabilization Act of 2008

   Pub. L. 110–343 div. A title I § 101(a)(3)(B)(ii) · 122 Stat. 3765

   Substituted · 31 U.S.C. § 301(e)

   Pub. L. 110–343 substituted “10” for “9”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 110–343 substituted “10” for “9”.

   Enacted provision · exact public law section
   (ii) Title 31.— Section 301(e) of title 31, United States Code, is amended by striking “9” and inserting “10”.

8. 2012

   Presidential Appointment Efficiency and Streamlining Act of 2011

   Pub. L. 112–166 § 2 · 126 Stat. 1283

   1. Substituted · 31 U.S.C. § 301(d)

      Pub. L. 112–166, § 2(l)(2), substituted “and 2 Deputy Under Secretaries” for “2 Deputy Under Secretaries, and a Treasurer of the United States”

   2. Inserted · 31 U.S.C. § 301(d)

      Pub. L. 112–166, § 2(l)(2), inserted “and a Treasurer of the United States appointed by the President” after “Fiscal Assistant Secretary appointed by the Secretary”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 112–166, § 2(l)(2), substituted “and 2 Deputy Under Secretaries” for “2 Deputy Under Secretaries, and a Treasurer of the United States” and inserted “and a Treasurer of the United States appointed by the President” after “Fiscal Assistant Secretary appointed by the Secretary”.

   Enacted provision · exact public law section
   SEC. 2. PRESIDENTIAL APPOINTMENTS NOT SUBJECT TO SENATE APPROVAL. (a) Agriculture.— (1) Assistant secretary of agriculture for administration.— Section 218(b) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6918(b)) is amended— (A) by striking “subsection (a)” and inserting “paragraph (1) or (3) of subsection (a)”; (B) by striking subsection (c); and (C) by redesignating subsection (d) as subsection (c). (2) Rural utilities service administrator.— Section 232(b)(1) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6942(b)(1)) is amended— (A) by striking “, by and with the advice and consent of the Senate”; (B) by striking paragraph (2); and (C) 5 USC 5315. by redesignating paragraph (3) as paragraph (2). (3) Commodity credit corporation.— Section 9(a) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714g(a)) is amended in the third sentence by striking “by and with the advice and consent of the Senate”. (b) Commerce.— (1) Chief scientist; national oceanic and atmospheric administration.— Section 2(d) of Reorganization Plan No. 4 of 1970 (5 U.S.C. App. 1) is amended by striking “, by and with the advice and consent of the Senate,”. (c) Department of Defense.— (1) Assistant secretaries of defense.— (A) In general.— Section 138(a)(1) of title 10, United States Code, is amended by striking “16” and inserting “14”. (B) Administration of reduction.— The Assistant Secretary of Defense positions eliminated in accordance with the reduction in numbers required by the amendment made by subparagraph (A) shall be— (i) the Assistant Secretary of Defense for Networks and Information Integration; and (ii) the Assistant Secretary of Defense for Public Affairs. (C) Continued service of incumbents.— Notwithstanding the requirements of this paragraph, any individual serving in a position described under subparagraph (B) on the date of the enactment of this Act may continue to serve in such position without regard to the limitation imposed by the amendment in subparagraph (A). (D) Plan for successor positions.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall report to the congressional defense committees on his plan for successor positions, not subject to Senate confirmation, for the positions eliminated in accordance with the requirements of this paragraph. (2) Members of national security education board.— Section 803(b)(7) of the David L. Boren National Security Education Act of 1991 (50 U.S.C. 1903(b)(7)) is amended by striking “by and with the advice and consent of the Senate,”. (3) Director of selective service.— Section 10(a)(3) of the Selective Service Act of 1948 (50 U.S.C. App. 460(a)(3)) is amended by striking “, by and with the advice and consent of the Senate”. (d) Department of Education.— (1) Assistant secretary for management.— Section 202(e) of the Department of Education Organization Act (20 U.S.C. 3412(e)) is amended by inserting after the first sentence the following: “Notwithstanding the previous sentence, the appointments of individuals to serve as the Assistant Secretary for Management shall not be subject to the advice and consent of the Senate.”. (2) Commissioner, education statistics.— Section 117(b) of the Education Sciences Reform Act of 2002 (20 U.S.C. 9517(b)) is amended by striking “, by and with the advice and consent of the Senate,”. (e) Department of Health and Human Services.— (1) Assistant secretary for public affairs.— Notwithstanding any other provision of law, the appointment of an individual to serve as the Assistant Secretary for Public Affairs within the Department of Health and Human Services shall not be subject to the advice and consent of the Senate. (f) Department of Homeland Security.— (1) Director of the office for domestic preparedness; assistant administrator of the federal emergency management agency, grant programs.— Section 430(b) of the Homeland Security Act of 2002 (6 U.S.C. 238(b)) is amended by striking “, by and with the advice and consent of the Senate”. (2) Administrator of the united states fire administration.— Section 5(b) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2204(b)) is amended by striking “, by and with the advice and consent of the Senate,”. (3) Director of the office of counternarcotics enforcement.— Section 878(a) of the Homeland Security Act of 2002 (6 U.S.C. 458(a)) is amended by striking “, by and with the advice and consent of the Senate”. (4) Chief medical officer.— Section 516(a) of the Homeland Security Act of 2002 (6 U.S.C. 321e(a)) is amended by striking “, by and with the advice and consent of the Senate”. (5) Assistant secretaries.— Section 103(a) of the Homeland Security Act of 2002 (6 U.S.C. 113(a) is amended— (A) by striking “There” and inserting “(1) In general.—Except as provided under paragraph (2), there”; (B) by redesignating paragraphs (1) through (10) as subparagraphs (A) through (J), respectively; and (C) by adding at the end the following: “(2) Assistant secretaries.— If any of the Assistant Secretaries referred to under paragraph (1)(I) is designated to be the Assistant Secretary for Health Affairs, the Assistant Secretary for Legislative Affairs, or the Assistant Secretary for Public Affairs, that Assistant Secretary shall be appointed by the President without the advice and consent of the Senate.” . (g) Housing and Urban Development; Assistant Secretary for Public Affairs.— Section 4(a) of the Department of Housing and Urban Development Act (42 U.S.C. 3533(a)) is amended— (1) by inserting “(1)” after “(a)”; (2) by striking “eight” and inserting “7”; and (3) by adding at the end the following: “(2) There shall be in the Department an Assistant Secretary for Public Affairs, who shall be appointed by the President and shall perform such functions, powers, and duties as the Secretary shall prescribe from time to time.” . (h) Department of Justice.— (1) Director, bureau of justice statistics.— Section 302(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3732(b)) is amended by striking “, by and with the advice and consent of the Senate”. (2) Director, bureau of justice assistance.— Section 401(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3741(b)) is amended by striking “, by and with the advice and consent of the Senate”. (3) Director, national institute of justice.— Section 202(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3722(b)) is amended by striking “, by and with the advice and consent of the Senate”. (4) Administrator, office of juvenile justice and delinquency prevention.— Section 201(b) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611(b)) is amended by striking “, by and with the advice and consent of the Senate,”. (5) Director, office for victims of crime.— Section 1411(b) of the Victims of Crime Act of 1984 (42 U.S.C. 10605(b)) is amended by striking “, by and with the advice and consent of the Senate”. (i) Department of Labor.— (1) Assistant secretaries for administration and management and public affairs.— Notwithstanding section 2 of the Act of April 17, 1946 (29 U.S.C. 553), the appointment of individuals to serve as the Assistant Secretary for Administration and Management and the Assistant Secretary for Public Affairs within the Department of Labor, shall not be subject to the advice and consent of the Senate. (2) Director of the women’s bureau.— Section 2 of the Act of June 5, 1920 (29 U.S.C. 12) is amended by striking “, by and with the advice and consent of the Senate”. (j) Department of State; Assistant Secretary for Public Affairs and Assistant Secretary for Administration.— Section 1(c)(1) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(1)) is amended— (1) by striking “, each of whom shall be appointed by the President, by and with the advice and consent of the Senate, and”; and (2) by adding at the end the following: “Each Assistant Secretary of State shall be appointed by the President, by and with the advice and consent of the Senate, except that the appointments of the Assistant Secretary for Public Affairs and the Assistant Secretary for Administration shall not be subject to the advice and consent of the Senate.”. (k) Department of Transportation.— (1) Assistant secretaries.— Section 102(e) of title 49, United States Code, is amended— (A) by striking “(e) The Department” and all that follows through “An Assistant Secretary” and inserting the following: “(e) Assistant Secretaries; General Counsel.— “(1) Appointment.— The Department has 5 Assistant Secretaries and a General Counsel, including— “(A) an Assistant Secretary for Aviation and International Affairs, an Assistant Secretary for Governmental Affairs, and an Assistant Secretary for Transportation Policy, who shall each be appointed by the President, with the advice and consent of the Senate; “(B) an Assistant Secretary for Budget and Programs who shall be appointed by the President; “(C) an Assistant Secretary for Administration, who shall be appointed by the Secretary, with the approval of the President; and “(D) a General Counsel, who shall be appointed by the President, with the advice and consent of the Senate. “(2) Duties and powers.— The officers set forth in paragraph (1) shall carry out duties and powers prescribed by the Secretary. An Assistant Secretary” . (2) Deputy administrator, federal aviation administration.— Section 106 of title 49, United States Code, is amended— (A) in subsection (b), by striking “. The Administration has a Deputy Administrator. They are appointed” and inserting “, who shall be appointed”; and (B) in subsection (d)(1), by striking “The Deputy Administrator must” and inserting “The Administration has a Deputy Administrator, who shall be appointed by the President. In making an appointment, the President shall consider the fitness of the appointee to efficiently carry out the duties and powers of the office. The Deputy Administrator shall”. (l) Department of the Treasury.— (1) Assistant secretaries for public affairs and management.— Section 301(e) of title 31, United States Code, is amended— (A) by striking “10 Assistant Secretaries” and inserting “8 Assistant Secretaries”; and (B) by inserting “The Department shall have 2 Assistant Secretaries not subject to the advice and consent of the Senate who shall be the Assistant Secretary for Public Affairs, and the Assistant Secretary for Management.” after the first sentence. (2) Treasurer of the united states.— Section 301(d) of title 31, United States Code, is amended— (A) by striking “2 Deputy Under Secretaries, and a Treasurer of the United States” and inserting “and 2 Deputy Under Secretaries”, and (B) by inserting “and a Treasurer of the United States appointed by the President” after “Fiscal Assistant Secretary appointed by the Secretary”. (m) Department of Veterans Affairs.— Section 308(a) of title 38, United States Code, is amended— (1) by striking “There shall” and inserting “(1) There shall”; (2) in paragraph (1), as designated by paragraph (1) of this subsection, by striking “Each Assistant” and all that follows through the period at the end; and (3) by adding at the end the following new paragraphs: “(2) Except as provided in paragraph (3), each Assistant Secretary appointed under paragraph (1) shall be appointed by the President, by and with the advice and consent of the Senate. “(3) The following Assistant Secretaries may be appointed without the advice and consent of the Senate: “(A) The Assistant Secretary for Management. “(B) The Assistant Secretary for Human Resources and Administration. “(C) The Assistant Secretary for Public and Intergovernmental Affairs. “(D) The Assistant Secretary for Operations, Security, and Preparedness.” . (n) Appalachian Regional Commission; Alternate Federal Co-Chairman.— Section 14301(b)(2) of title 40, United States Code, is amended by striking “by and with the advice and consent of the Senate”. (o) Council of Economic Advisers, Members.— Section 10 of the Employment Act of 1946 (15 U.S.C. 1023) is amended by striking subsection (a) and inserting the following: “(a) Creation; Composition; Qualifications; Chairman and Vice Chairman.— “(1) Creation.— There is created in the Executive Office of the President a Council of Economic Advisers (hereinafter called the ‘Council’). “(2) Composition.— The Council shall be composed of three members, of whom— “(A) 1 shall be the chairman who shall be appointed by the President by and with the advice and consent of the Senate; and “(B) 2 shall be appointed by the President. “(3) Qualifications.— Each member shall be a person who, as a result of training, experience, and attainments, is exceptionally qualified to analyze and interpret economic developments, to appraise programs and activities of the Government in the light of the policy declared in section 2, and to formulate and recommend national economic policy to promote full employment, production, and purchasing power under free competitive enterprise. “(4) Vice chairman.— The President shall designate 1 of the members of the Council as vice chairman, who shall act as chairman in the absence of the chairman.” . (p) Corporation for National and Community Service; Managing Director.— Section 194(a)(1) of the National and Community Service Act of 1990 (42 U.S.C. 12651e(a)(1)) is amended by striking “, by and with the advice and consent of the Senate”. (q) National Council on Disability Members.— Section 400(a)(1)(A) of the Rehabilitation Act of 1973 (29 U.S.C. 780(a)(1)(A)) is amended by striking “, by and with the advice and consent of the Senate”. (r) National Foundation on the Arts and the Humanities; National Museum and Library Services Board; Members.— Section 207(b)(1) of the Museum and Library Services Act (20 U.S.C. 9105a(b)(1)) is amended— (1) in subparagraph (D), by striking “, by and with the advice and consent of the Senate”; and (2) in subparagraph (E), by striking “, by and with the advice and consent of the Senate”. (s) National Science Foundation; Board Members.— Section 4(a) of the National Science Foundation Act of 1950 (42 U.S.C. 1863(a)) is amended by striking “, by and with the advice and consent of the Senate,”. (t) Office of National Drug Control Policy; Deputy Directors.— Section 704(a)(1) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1703(a)(1)) is amended to read as follows: “(1) In general.— “(A) Director.— The Director shall be appointed by the President, by and with the advice and consent of the Senate, and shall serve at the pleasure of the President. “(B) Deputy directors.— The Deputy Director of National Drug Control Policy, Deputy Director for Demand Reduction, the Deputy Director for Supply Reduction, and the Deputy Director for State, Local, and Tribal Affairs shall each be appointed by the President and serve at the pleasure of the President. “(C) Deputy director for demand reduction.— In appointing the Deputy Director for Demand Reduction under this paragraph, the President shall take into consideration the scientific, educational, or professional background of the individual, and whether the individual has experience in the fields of substance abuse prevention, education, or treatment.” . (u) Office of Navajo and Hopi Relocation; Commissioner.— Section 12(b)(1) of Public Law 93–531 (25 U.S.C. 640d–11(b)(1)) is amended by striking “by and with the advice and consent of the Senate”. (v) United States Agency for International Development.— (1) Assistant administrator for management.— Notwithstanding section 624(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2384(a)), the appointment by the President of the Assistant Administrator for Management at the United States Agency for International Development shall not be subject to the advice and consent of the Senate. (w) Community Development Financial Institution Fund; Administrator.— Section 104(b)(1) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4703(b)(1)) is amended by striking “, by and with the advice and consent of the Senate”. (x) Department of Transportation; St. Lawrence Seaway Development Corporation; Administrator.— Subsection (a) of section 2 of the Act of May 13, 1954, referred to as the Saint Lawrence Seaway Act (33 U.S.C. 982(a)) is amended by striking “, by and with the advice and consent of the Senate, for a term of seven years”. (y) Mississippi River Commission; Commissioner.— Section 2 of the Act of June 28, 1879 (33 U.S.C. 642), is amended in the first sentence by striking “, by and with the advice and consent of the Senate,”. (z) Governor and Alternate Governor of the African Development Bank.— (1) In general.— Section 1333 of the African Development Bank Act (22 U.S.C. 290i–1) is amended— (A) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (B) by striking “(a) The President” and all that follows through “The term of office” and inserting the following: “(a) The President shall appoint a Governor and an Alternate Governor of the Bank— “(1) by and with the advice and consent of the Senate; or “(2) from among individuals serving as officials required by law to be appointed by and with the advice and consent of the Senate. “(b) The term of office” . (2) Conforming amendments.— Section 1334 of such Act (22 U.S.C. 290i–2) is amended— (A) by striking “The Director or Alternate Director” and inserting the following: “(b) The Director or Alternate Director” ; and (B) by inserting before subsection (b), as redesignated, the following: “(a) The President, by and with the advice and consent of the Senate, shall appoint a Director of the Bank.” . (aa) Governor and Alternate Governor of the Asian Development Bank.— Section 3(a) of the Asian Development Bank Act (22 U.S.C. 285a(a)) is amended to read as follows: “(a) The President shall appoint— “(1) a Governor of the Bank and an alternate for the Governor— “(A) by and with the advice and consent of the Senate; or “(B) from among individuals serving as officials required by law to be appointed by and with the advice and consent of the Senate; and “(2) a Director of the Bank, by and with the advice and consent of the Senate.” . (bb) Governor and Alternate Governor of the African Development Fund.— Section 203(a) of the African Development Fund Act (22 U.S.C. 290g–1(a)) is amended to read as follows: “(a) The President shall appoint a Governor, and an Alternate Governor, of the Fund— “(1) by and with the advice and consent of the Senate; or “(2) from among individuals serving as officials required by law to be appointed by and with the advice and consent of the Senate.” . (cc) National Board for Education Sciences; Members.— Section 116(c)(1) of the Education Sciences Reform Act of 2002 (20 U.S.C. 9516(c)(1)) is amended by striking “, by and with the advice and consent of the Senate”. (dd) National Institute for Literacy Advisory Board; Members.— Section 242(e)(1)(A) of the Adult Education and Family Literacy Act (20 U.S.C. 9252(e)(1)(A)) is amended by striking “with the advice and consent of the Senate”. (ee) Institute of American Indian and Alaska Native Culture and Arts Development; Member, Board of Trustees.— Section 1505 of the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act (20 U.S.C. 4412(a)(1)(A)) is amended by striking “by and with the advice and consent of the Senate”. (ff) Public Health Service Commissioned Officer Corps.— (1) Appointment.— Section 203(a)(3) of the Public Health Service Act (42 U.S.C. 204(a)(3)) is amended by striking “with the advice and consent of the Senate”. (2) Promotions.— Section 210(a) of the Public Health Service Act (42 U.S.C. 211(a)) is amended by striking “, by and with the advice and consent of the Senate”. (gg) National Oceanic and Atmospheric Administration Commissioned Officer Corps.— (1) Appointments and promotions to permanent grades.— Section 226 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3026) is amended by striking “, by and with the advice and consent of the Senate”. (2) Positions of importance and responsibility.— Section 228(d)(1) of such Act (33 U.S.C. 3028(d)(1)) is amended by striking “, by and with the advice and consent of the Senate”. (3) Temporary appointments and promotions generally.— Section 229 of such Act (33 U.S.C. 3029) is amended— (A) by striking “alone” each place it appears; and (B) in subsection (a), in the second sentence, by striking “unless the Senate sooner gives its advice and consent to the appointment”. (hh) Rule of Construction.— Notwithstanding section 3132(a)(2) of title 5, United States Code, removal of Senate confirmation for any position in this section shall not— (1) result in any such position being placed in the Senior Executive Service; or (2) alter compensation for any such position under the Executive Schedule or other applicable compensation provisions of law.

   Effective date note
   Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.

9. 2012

   Presidential Appointment Efficiency and Streamlining Act of 2011

   Pub. L. 112–166 § 2 · 126 Stat. 1283

   1. Substituted · 31 U.S.C. § 301(e)

      Pub. L. 112–166, § 2(l)(1), substituted “8 Assistant Secretaries” for “10 Assistant Secretaries”

   2. Inserted · 31 U.S.C. § 301(e)

      Pub. L. 112–166, § 2(l)(1), inserted after first sentence “The Department shall have 2 Assistant Secretaries not subject to the advice and consent of the Senate who shall be the Assistant Secretary for Public Affairs, and the Assistant Secretary for Management.”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 112–166, § 2(l)(1), substituted “8 Assistant Secretaries” for “10 Assistant Secretaries” and inserted after first sentence “The Department shall have 2 Assistant Secretaries not subject to the advice and consent of the Senate who shall be the Assistant Secretary for Public Affairs, and the Assistant Secretary for Management.”

   Enacted provision · exact public law section
   SEC. 2. PRESIDENTIAL APPOINTMENTS NOT SUBJECT TO SENATE APPROVAL. (a) Agriculture.— (1) Assistant secretary of agriculture for administration.— Section 218(b) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6918(b)) is amended— (A) by striking “subsection (a)” and inserting “paragraph (1) or (3) of subsection (a)”; (B) by striking subsection (c); and (C) by redesignating subsection (d) as subsection (c). (2) Rural utilities service administrator.— Section 232(b)(1) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6942(b)(1)) is amended— (A) by striking “, by and with the advice and consent of the Senate”; (B) by striking paragraph (2); and (C) 5 USC 5315. by redesignating paragraph (3) as paragraph (2). (3) Commodity credit corporation.— Section 9(a) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714g(a)) is amended in the third sentence by striking “by and with the advice and consent of the Senate”. (b) Commerce.— (1) Chief scientist; national oceanic and atmospheric administration.— Section 2(d) of Reorganization Plan No. 4 of 1970 (5 U.S.C. App. 1) is amended by striking “, by and with the advice and consent of the Senate,”. (c) Department of Defense.— (1) Assistant secretaries of defense.— (A) In general.— Section 138(a)(1) of title 10, United States Code, is amended by striking “16” and inserting “14”. (B) Administration of reduction.— The Assistant Secretary of Defense positions eliminated in accordance with the reduction in numbers required by the amendment made by subparagraph (A) shall be— (i) the Assistant Secretary of Defense for Networks and Information Integration; and (ii) the Assistant Secretary of Defense for Public Affairs. (C) Continued service of incumbents.— Notwithstanding the requirements of this paragraph, any individual serving in a position described under subparagraph (B) on the date of the enactment of this Act may continue to serve in such position without regard to the limitation imposed by the amendment in subparagraph (A). (D) Plan for successor positions.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall report to the congressional defense committees on his plan for successor positions, not subject to Senate confirmation, for the positions eliminated in accordance with the requirements of this paragraph. (2) Members of national security education board.— Section 803(b)(7) of the David L. Boren National Security Education Act of 1991 (50 U.S.C. 1903(b)(7)) is amended by striking “by and with the advice and consent of the Senate,”. (3) Director of selective service.— Section 10(a)(3) of the Selective Service Act of 1948 (50 U.S.C. App. 460(a)(3)) is amended by striking “, by and with the advice and consent of the Senate”. (d) Department of Education.— (1) Assistant secretary for management.— Section 202(e) of the Department of Education Organization Act (20 U.S.C. 3412(e)) is amended by inserting after the first sentence the following: “Notwithstanding the previous sentence, the appointments of individuals to serve as the Assistant Secretary for Management shall not be subject to the advice and consent of the Senate.”. (2) Commissioner, education statistics.— Section 117(b) of the Education Sciences Reform Act of 2002 (20 U.S.C. 9517(b)) is amended by striking “, by and with the advice and consent of the Senate,”. (e) Department of Health and Human Services.— (1) Assistant secretary for public affairs.— Notwithstanding any other provision of law, the appointment of an individual to serve as the Assistant Secretary for Public Affairs within the Department of Health and Human Services shall not be subject to the advice and consent of the Senate. (f) Department of Homeland Security.— (1) Director of the office for domestic preparedness; assistant administrator of the federal emergency management agency, grant programs.— Section 430(b) of the Homeland Security Act of 2002 (6 U.S.C. 238(b)) is amended by striking “, by and with the advice and consent of the Senate”. (2) Administrator of the united states fire administration.— Section 5(b) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2204(b)) is amended by striking “, by and with the advice and consent of the Senate,”. (3) Director of the office of counternarcotics enforcement.— Section 878(a) of the Homeland Security Act of 2002 (6 U.S.C. 458(a)) is amended by striking “, by and with the advice and consent of the Senate”. (4) Chief medical officer.— Section 516(a) of the Homeland Security Act of 2002 (6 U.S.C. 321e(a)) is amended by striking “, by and with the advice and consent of the Senate”. (5) Assistant secretaries.— Section 103(a) of the Homeland Security Act of 2002 (6 U.S.C. 113(a) is amended— (A) by striking “There” and inserting “(1) In general.—Except as provided under paragraph (2), there”; (B) by redesignating paragraphs (1) through (10) as subparagraphs (A) through (J), respectively; and (C) by adding at the end the following: “(2) Assistant secretaries.— If any of the Assistant Secretaries referred to under paragraph (1)(I) is designated to be the Assistant Secretary for Health Affairs, the Assistant Secretary for Legislative Affairs, or the Assistant Secretary for Public Affairs, that Assistant Secretary shall be appointed by the President without the advice and consent of the Senate.” . (g) Housing and Urban Development; Assistant Secretary for Public Affairs.— Section 4(a) of the Department of Housing and Urban Development Act (42 U.S.C. 3533(a)) is amended— (1) by inserting “(1)” after “(a)”; (2) by striking “eight” and inserting “7”; and (3) by adding at the end the following: “(2) There shall be in the Department an Assistant Secretary for Public Affairs, who shall be appointed by the President and shall perform such functions, powers, and duties as the Secretary shall prescribe from time to time.” . (h) Department of Justice.— (1) Director, bureau of justice statistics.— Section 302(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3732(b)) is amended by striking “, by and with the advice and consent of the Senate”. (2) Director, bureau of justice assistance.— Section 401(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3741(b)) is amended by striking “, by and with the advice and consent of the Senate”. (3) Director, national institute of justice.— Section 202(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3722(b)) is amended by striking “, by and with the advice and consent of the Senate”. (4) Administrator, office of juvenile justice and delinquency prevention.— Section 201(b) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611(b)) is amended by striking “, by and with the advice and consent of the Senate,”. (5) Director, office for victims of crime.— Section 1411(b) of the Victims of Crime Act of 1984 (42 U.S.C. 10605(b)) is amended by striking “, by and with the advice and consent of the Senate”. (i) Department of Labor.— (1) Assistant secretaries for administration and management and public affairs.— Notwithstanding section 2 of the Act of April 17, 1946 (29 U.S.C. 553), the appointment of individuals to serve as the Assistant Secretary for Administration and Management and the Assistant Secretary for Public Affairs within the Department of Labor, shall not be subject to the advice and consent of the Senate. (2) Director of the women’s bureau.— Section 2 of the Act of June 5, 1920 (29 U.S.C. 12) is amended by striking “, by and with the advice and consent of the Senate”. (j) Department of State; Assistant Secretary for Public Affairs and Assistant Secretary for Administration.— Section 1(c)(1) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(1)) is amended— (1) by striking “, each of whom shall be appointed by the President, by and with the advice and consent of the Senate, and”; and (2) by adding at the end the following: “Each Assistant Secretary of State shall be appointed by the President, by and with the advice and consent of the Senate, except that the appointments of the Assistant Secretary for Public Affairs and the Assistant Secretary for Administration shall not be subject to the advice and consent of the Senate.”. (k) Department of Transportation.— (1) Assistant secretaries.— Section 102(e) of title 49, United States Code, is amended— (A) by striking “(e) The Department” and all that follows through “An Assistant Secretary” and inserting the following: “(e) Assistant Secretaries; General Counsel.— “(1) Appointment.— The Department has 5 Assistant Secretaries and a General Counsel, including— “(A) an Assistant Secretary for Aviation and International Affairs, an Assistant Secretary for Governmental Affairs, and an Assistant Secretary for Transportation Policy, who shall each be appointed by the President, with the advice and consent of the Senate; “(B) an Assistant Secretary for Budget and Programs who shall be appointed by the President; “(C) an Assistant Secretary for Administration, who shall be appointed by the Secretary, with the approval of the President; and “(D) a General Counsel, who shall be appointed by the President, with the advice and consent of the Senate. “(2) Duties and powers.— The officers set forth in paragraph (1) shall carry out duties and powers prescribed by the Secretary. An Assistant Secretary” . (2) Deputy administrator, federal aviation administration.— Section 106 of title 49, United States Code, is amended— (A) in subsection (b), by striking “. The Administration has a Deputy Administrator. They are appointed” and inserting “, who shall be appointed”; and (B) in subsection (d)(1), by striking “The Deputy Administrator must” and inserting “The Administration has a Deputy Administrator, who shall be appointed by the President. In making an appointment, the President shall consider the fitness of the appointee to efficiently carry out the duties and powers of the office. The Deputy Administrator shall”. (l) Department of the Treasury.— (1) Assistant secretaries for public affairs and management.— Section 301(e) of title 31, United States Code, is amended— (A) by striking “10 Assistant Secretaries” and inserting “8 Assistant Secretaries”; and (B) by inserting “The Department shall have 2 Assistant Secretaries not subject to the advice and consent of the Senate who shall be the Assistant Secretary for Public Affairs, and the Assistant Secretary for Management.” after the first sentence. (2) Treasurer of the united states.— Section 301(d) of title 31, United States Code, is amended— (A) by striking “2 Deputy Under Secretaries, and a Treasurer of the United States” and inserting “and 2 Deputy Under Secretaries”, and (B) by inserting “and a Treasurer of the United States appointed by the President” after “Fiscal Assistant Secretary appointed by the Secretary”. (m) Department of Veterans Affairs.— Section 308(a) of title 38, United States Code, is amended— (1) by striking “There shall” and inserting “(1) There shall”; (2) in paragraph (1), as designated by paragraph (1) of this subsection, by striking “Each Assistant” and all that follows through the period at the end; and (3) by adding at the end the following new paragraphs: “(2) Except as provided in paragraph (3), each Assistant Secretary appointed under paragraph (1) shall be appointed by the President, by and with the advice and consent of the Senate. “(3) The following Assistant Secretaries may be appointed without the advice and consent of the Senate: “(A) The Assistant Secretary for Management. “(B) The Assistant Secretary for Human Resources and Administration. “(C) The Assistant Secretary for Public and Intergovernmental Affairs. “(D) The Assistant Secretary for Operations, Security, and Preparedness.” . (n) Appalachian Regional Commission; Alternate Federal Co-Chairman.— Section 14301(b)(2) of title 40, United States Code, is amended by striking “by and with the advice and consent of the Senate”. (o) Council of Economic Advisers, Members.— Section 10 of the Employment Act of 1946 (15 U.S.C. 1023) is amended by striking subsection (a) and inserting the following: “(a) Creation; Composition; Qualifications; Chairman and Vice Chairman.— “(1) Creation.— There is created in the Executive Office of the President a Council of Economic Advisers (hereinafter called the ‘Council’). “(2) Composition.— The Council shall be composed of three members, of whom— “(A) 1 shall be the chairman who shall be appointed by the President by and with the advice and consent of the Senate; and “(B) 2 shall be appointed by the President. “(3) Qualifications.— Each member shall be a person who, as a result of training, experience, and attainments, is exceptionally qualified to analyze and interpret economic developments, to appraise programs and activities of the Government in the light of the policy declared in section 2, and to formulate and recommend national economic policy to promote full employment, production, and purchasing power under free competitive enterprise. “(4) Vice chairman.— The President shall designate 1 of the members of the Council as vice chairman, who shall act as chairman in the absence of the chairman.” . (p) Corporation for National and Community Service; Managing Director.— Section 194(a)(1) of the National and Community Service Act of 1990 (42 U.S.C. 12651e(a)(1)) is amended by striking “, by and with the advice and consent of the Senate”. (q) National Council on Disability Members.— Section 400(a)(1)(A) of the Rehabilitation Act of 1973 (29 U.S.C. 780(a)(1)(A)) is amended by striking “, by and with the advice and consent of the Senate”. (r) National Foundation on the Arts and the Humanities; National Museum and Library Services Board; Members.— Section 207(b)(1) of the Museum and Library Services Act (20 U.S.C. 9105a(b)(1)) is amended— (1) in subparagraph (D), by striking “, by and with the advice and consent of the Senate”; and (2) in subparagraph (E), by striking “, by and with the advice and consent of the Senate”. (s) National Science Foundation; Board Members.— Section 4(a) of the National Science Foundation Act of 1950 (42 U.S.C. 1863(a)) is amended by striking “, by and with the advice and consent of the Senate,”. (t) Office of National Drug Control Policy; Deputy Directors.— Section 704(a)(1) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1703(a)(1)) is amended to read as follows: “(1) In general.— “(A) Director.— The Director shall be appointed by the President, by and with the advice and consent of the Senate, and shall serve at the pleasure of the President. “(B) Deputy directors.— The Deputy Director of National Drug Control Policy, Deputy Director for Demand Reduction, the Deputy Director for Supply Reduction, and the Deputy Director for State, Local, and Tribal Affairs shall each be appointed by the President and serve at the pleasure of the President. “(C) Deputy director for demand reduction.— In appointing the Deputy Director for Demand Reduction under this paragraph, the President shall take into consideration the scientific, educational, or professional background of the individual, and whether the individual has experience in the fields of substance abuse prevention, education, or treatment.” . (u) Office of Navajo and Hopi Relocation; Commissioner.— Section 12(b)(1) of Public Law 93–531 (25 U.S.C. 640d–11(b)(1)) is amended by striking “by and with the advice and consent of the Senate”. (v) United States Agency for International Development.— (1) Assistant administrator for management.— Notwithstanding section 624(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2384(a)), the appointment by the President of the Assistant Administrator for Management at the United States Agency for International Development shall not be subject to the advice and consent of the Senate. (w) Community Development Financial Institution Fund; Administrator.— Section 104(b)(1) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4703(b)(1)) is amended by striking “, by and with the advice and consent of the Senate”. (x) Department of Transportation; St. Lawrence Seaway Development Corporation; Administrator.— Subsection (a) of section 2 of the Act of May 13, 1954, referred to as the Saint Lawrence Seaway Act (33 U.S.C. 982(a)) is amended by striking “, by and with the advice and consent of the Senate, for a term of seven years”. (y) Mississippi River Commission; Commissioner.— Section 2 of the Act of June 28, 1879 (33 U.S.C. 642), is amended in the first sentence by striking “, by and with the advice and consent of the Senate,”. (z) Governor and Alternate Governor of the African Development Bank.— (1) In general.— Section 1333 of the African Development Bank Act (22 U.S.C. 290i–1) is amended— (A) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (B) by striking “(a) The President” and all that follows through “The term of office” and inserting the following: “(a) The President shall appoint a Governor and an Alternate Governor of the Bank— “(1) by and with the advice and consent of the Senate; or “(2) from among individuals serving as officials required by law to be appointed by and with the advice and consent of the Senate. “(b) The term of office” . (2) Conforming amendments.— Section 1334 of such Act (22 U.S.C. 290i–2) is amended— (A) by striking “The Director or Alternate Director” and inserting the following: “(b) The Director or Alternate Director” ; and (B) by inserting before subsection (b), as redesignated, the following: “(a) The President, by and with the advice and consent of the Senate, shall appoint a Director of the Bank.” . (aa) Governor and Alternate Governor of the Asian Development Bank.— Section 3(a) of the Asian Development Bank Act (22 U.S.C. 285a(a)) is amended to read as follows: “(a) The President shall appoint— “(1) a Governor of the Bank and an alternate for the Governor— “(A) by and with the advice and consent of the Senate; or “(B) from among individuals serving as officials required by law to be appointed by and with the advice and consent of the Senate; and “(2) a Director of the Bank, by and with the advice and consent of the Senate.” . (bb) Governor and Alternate Governor of the African Development Fund.— Section 203(a) of the African Development Fund Act (22 U.S.C. 290g–1(a)) is amended to read as follows: “(a) The President shall appoint a Governor, and an Alternate Governor, of the Fund— “(1) by and with the advice and consent of the Senate; or “(2) from among individuals serving as officials required by law to be appointed by and with the advice and consent of the Senate.” . (cc) National Board for Education Sciences; Members.— Section 116(c)(1) of the Education Sciences Reform Act of 2002 (20 U.S.C. 9516(c)(1)) is amended by striking “, by and with the advice and consent of the Senate”. (dd) National Institute for Literacy Advisory Board; Members.— Section 242(e)(1)(A) of the Adult Education and Family Literacy Act (20 U.S.C. 9252(e)(1)(A)) is amended by striking “with the advice and consent of the Senate”. (ee) Institute of American Indian and Alaska Native Culture and Arts Development; Member, Board of Trustees.— Section 1505 of the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act (20 U.S.C. 4412(a)(1)(A)) is amended by striking “by and with the advice and consent of the Senate”. (ff) Public Health Service Commissioned Officer Corps.— (1) Appointment.— Section 203(a)(3) of the Public Health Service Act (42 U.S.C. 204(a)(3)) is amended by striking “with the advice and consent of the Senate”. (2) Promotions.— Section 210(a) of the Public Health Service Act (42 U.S.C. 211(a)) is amended by striking “, by and with the advice and consent of the Senate”. (gg) National Oceanic and Atmospheric Administration Commissioned Officer Corps.— (1) Appointments and promotions to permanent grades.— Section 226 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3026) is amended by striking “, by and with the advice and consent of the Senate”. (2) Positions of importance and responsibility.— Section 228(d)(1) of such Act (33 U.S.C. 3028(d)(1)) is amended by striking “, by and with the advice and consent of the Senate”. (3) Temporary appointments and promotions generally.— Section 229 of such Act (33 U.S.C. 3029) is amended— (A) by striking “alone” each place it appears; and (B) in subsection (a), in the second sentence, by striking “unless the Senate sooner gives its advice and consent to the appointment”. (hh) Rule of Construction.— Notwithstanding section 3132(a)(2) of title 5, United States Code, removal of Senate confirmation for any position in this section shall not— (1) result in any such position being placed in the Senior Executive Service; or (2) alter compensation for any such position under the Executive Schedule or other applicable compensation provisions of law.

   Effective date note
   Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.

9 of 12 references resolved to an enrolled provision · 3 partial