[Congressional Record (Bound Edition), Volume 157 (2011), Part 7]
[Senate]
[Pages 10139-10140]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 520. Mr. REID (for Mr. Schumer, (for himself, Mr. Alexander, Mr. 
Lieberman, and Ms. Collins)) proposed an amendment to the bill S. 679, 
to reduce the number of executive positions subject to Senate 
confirmation; as follows:

       On page 36, lines 7 and 8, strike ``secretary of 
     agriculture for congressional relations and assistant''.
       On page 36, strike lines 13 and 14 and insert the 
     following:
       (A) by striking ``subsection (a)'' and inserting 
     ``paragraph (1) or (3) of subsection (a)'';
       On page 37, strike lines 7 through 20.
       On page 38, strike lines 2 through 18, and insert the 
     following:
       (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.
       On page 45, line 22, strike all through page 46, line 5, 
     and insert the following:
       (8) 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''.
       On page 46, lines 7 through 9, strike ``for legislation and 
     congressional affairs and assistant secretary''.
       On page 46, lines 14 and 15, strike ``the Assistant 
     Secretary for Legislation and Congressional Affairs and''.
       On page 46, strike lines 18 through 22.
       On page 47, strike lines 3 through 9.
       On page 47, strike lines 18 through 23.
       On page 47, line 24, strike all through page 48, line 3.
       On page 49, insert between lines 6 and 7 the following:
       (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.''.
       On page 49, lines 7 through 9, strike ``Assistant Secretary 
     for Congressional and Intergovernmental Relations, and''.
       On page 49, strike line 14 and insert the following:
       (2) by striking ``eight'' and inserting ``7''; and
       On page 49, lines 16 through 19, strike ``an Assistant 
     Secretary for Congressional and Intergovernmental Relations, 
     and an Assistant Secretary for Public Affairs, each of whom'' 
     and insert ``an Assistant Secretary for Public Affairs, 
     who''.
       On page 49, strike line 23 and all that follows through the 
     end of the matter following line 18 on page 50.
       On page 51, line 21, strike ``, congressional affairs,''.
       On page 51, line 25, strike ``Management,'' and all that 
     follows through ``Affairs, and'' on page 52, line 1, and 
     insert ``Management and''.
       On page 52, lines 9 through 11, strike ``Assistant 
     Secretary for Legislative and Intergovernmental Affairs, 
     Assistant Secretary for Public Affairs,'' and insert 
     ``Assistant Secretary for Public Affairs''.
       On page 52, lines 21 through 23, strike ``the Assistant 
     Secretary for Legislative and Intergovernmental Affairs, the 
     Assistant Secretary for Public Affairs,'' and insert ``the 
     Assistant Secretary for Public Affairs''.
       On page 53, line 12, strike ``and an Assistant'' and insert 
     ``, an Assistant Secretary for Governmental Affairs, and an 
     Assistant''
       On page 53, line 17, strike ``and Chief Financial 
     Officer''.
       On page 53, lines 17 through 19, strike ``and an Assistant 
     Secretary for Governmental Affairs, who shall each'' and 
     insert ``who shall''.
       On page 53, lines 21 and 22, strike ``in the competitive 
     service''.
       On page 54, lines 24 and 25, strike ``legislative affairs, 
     public affairs,'' and insert ``public affairs''.
       On page 55, line 4, strike ``7 Assistant'' and insert ``8 
     Assistant''.
       On page 55, line 6, strike ``3 Assistant'' and insert ``2 
     Assistant''.
       On page 55, lines 7 through 9, strike ``the Assistant 
     Secretary for Legislative Affairs, the Assistant Secretary 
     for Public Affairs,'' and insert ``the Assistant Secretary 
     for Public Affairs''.
       On page 57, strike lines 3 through 6 and insert the 
     following:
       ``(D) The Assistant Secretary for Operations, Security, and 
     Preparedness.''.
       On page 57, line 8, strike ``14301(b)(1)'' and insert 
     ``14301(b)(2)''.
       On page 58, lines 19 and 20, strike ``, Including 
     Chairperson''.
       On page 60, line 5, strike ``State and Local Affairs'' and 
     insert ``State, Local, and Tribal Affairs''.
       On page 60, strike line 22 and all that follows through 
     page 61, line 4.
       On page 61, line 23, insert ``for a term of seven years'' 
     after ``Senate,''.
       On page 62, strike line 3 and all that follows through page 
     63, line 23, and insert the following:
       (bb) 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:

[[Page 10140]]

       ``(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.''.
       (cc) 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.''.
       (dd) 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.''.
       On page 64, strike lines 15 through 19.
       On page 66, between 16 and 17, insert the following:
       (mm) 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.
       On page 67, add after line 23 the following:
       ``(4) Personnel actions.--Except as provided under 
     paragraph (3), nothing in this subsection shall prohibit a 
     personnel action otherwise authorized by law with respect to 
     the Director of the Census, other than removal.

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