II 111th CONGRESS 2d Session S. 3734 IN THE SENATE OF THE UNITED STATES August 5, 2010 Mr. Feingold introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the President to submit reports and certifications to Congress on the duties of certain employees who are appointed without the advice and consent of the Senate, and for other purposes.

1.

Short title

This Act may be cited as the Czar Accountability Act of 2010.

2.

Definitions

In this Act: (1)

Appropriate congressional committees

The term appropriate congressional committees means— (A)the Committee on the Judiciary of the Senate; (B)the Committee on Foreign Relations of the Senate; and (C)the Committee on Homeland Security and Governmental Affairs of the Senate. (2)

Covered employee

The term covered employee means— (A)any employee of the Executive Office of the President who— (i)is not appointed by and with the advice and consent of the Senate; and (ii)reports directly to the President; or (B)any employee of the Department of State who— (i)is not appointed by and with the advice and consent of the Senate; and (ii)is an envoy or special representative.

3.

Reports by the President

Not later than January 1, 2011, and every 6 months thereafter, the President shall submit a report to the appropriate congressional committees that— (1)identifies each covered employee; (2)describes the duties of each covered employee; and (3)includes any certification described under section 4.

4.

Certifications

(a)

In general

The President shall include in each report submitted under section 3 a certification to Congress of each covered employee who meets the conditions under subsection (b). (b)

Certification conditions

The conditions referred to under subsection (a) are— (1)with respect to each covered employee described under section 2(2)(A), that the employee is not exercising significant authority under the laws of the United States; (2)with respect to each covered employee described under section 2(2)(B), that the employee is not an ambassador, other public minister, or consul; and (3)with respect to each covered employee, that the employee is not exercising any power that has been expressly delegated to the President by the United States Constitution.