[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 679 Enrolled Bill (ENR)]
S.679
One Hundred Twelfth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and twelve
An Act
To reduce the number of executive positions subject to Senate
confirmation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Appointment Efficiency
and Streamlining Act of 2011''.
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) 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.
SEC. 3. APPOINTMENT OF THE DIRECTOR OF THE CENSUS.
(a) In General.--Section 21 of the title 13, United States Code, is
amended to read as follows:
``Sec. 21. Director of the Census; duties
``(a) Appointment.--
``(1) In general.--The Bureau shall be headed by a Director of
the Census, appointed by the President, by and with the advice and
consent of the Senate, without regard to political affiliation.
``(2) Qualifications.--Such appointment shall be made from
individuals who have a demonstrated ability in managing large
organizations and experience in the collection, analysis, and use
of statistical data.
``(b) Term of Office.--
``(1) In general.--The term of office of the Director shall be
5 years, and shall begin on January 1, 2012, and every fifth year
thereafter. An individual may not serve more than 2 full terms as
Director.
``(2) Vacancies.--Any individual appointed to fill a vacancy in
such position, occurring before the expiration of the term for
which such individual's predecessor was appointed, shall be
appointed for the remainder of that term. The Director may serve
after the end of the Director's term until reappointed or until a
successor has been appointed, but in no event longer than 1 year
after the end of such term.
``(3) Removal.--An individual serving as Director may be
removed from office by the President. The President shall
communicate in writing the reasons for any such removal to both
Houses of Congress not later than 60 days before the removal.
``(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.
``(c) Duties.--The Director shall perform such duties as may be
imposed upon the Director by law, regulations, or orders of the
Secretary.''.
(b) Transition Rules.--
(1) Appointment of initial director.--The initial Director of
the Bureau of the Census shall be appointed in accordance with the
provisions of section 21(a) of title 13, United States Code, as
amended by subsection (a).
(2) Interim role of current director of the census after date
of enactment.--If, as of January 1, 2012, the initial Director of
the Bureau of the Census has not taken office, the officer serving
on December 31, 2011, as Director of the Census (or Acting Director
of the Census, if applicable) in the Department of Commerce--
(A) shall serve as the Director of the Bureau of the
Census; and
(B) shall assume the powers and duties of such Director for
one term beginning January 1, 2012, as described in section
21(b) of such title, as so amended.
(c) Technical and Conforming Amendments.--Not later than January 1,
2012, the Secretary of Commerce, in consultation with the Director of
the Census, shall submit to each House of the Congress draft
legislation containing any technical and conforming amendments to title
13, United States Code, and any other provisions which may be necessary
to carry out the purposes of this section.
SEC. 4. WORKING GROUP ON STREAMLINING PAPERWORK FOR EXECUTIVE
NOMINATIONS.
(a) Establishment.--There is established the Working Group on
Streamlining Paperwork for Executive Nominations (in this section
referred to as the ``Working Group'').
(b) Membership.--
(1) Composition.--The Working Group shall be composed of--
(A) the chairperson who shall be--
(i) except as provided under clause (ii), the Director
of the Office of Presidential Personnel; or
(ii) a Federal officer designated by the President;
(B) representatives designated by the President from--
(i) the Office of Personnel Management;
(ii) the Office of Government Ethics; and
(iii) the Federal Bureau of Investigation; and
(C) individuals appointed by the chairperson of the Working
Group who have experience and expertise relating to the Working
Group, including--
(i) individuals from other relevant Federal agencies;
and
(ii) individuals with relevant experience from previous
presidential administrations.
(c) Streamlining of Paperwork Required for Executive Nominations.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Working Group shall conduct a study and
submit a report on the streamlining of paperwork required for
executive nominations to--
(A) the President;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(C) the Committee on Rules and Administration of the
Senate.
(2) Consultation with committees of the senate.--In conducting
the study under this section, the Working Group shall consult with
the chairperson and ranking member of the committees referred to
under paragraph (1) (B) and (C).
(3) Contents.--
(A) In general.--The report submitted under this section
shall include--
(i) recommendations for the streamlining of paperwork
required for executive nominations; and
(ii) a detailed plan for the creation and
implementation of an electronic system for collecting and
distributing background information from potential and
actual Presidential nominees for positions which require
appointment by and with the advice and consent of the
Senate.
(B) Electronic system.--The electronic system described
under subparagraph (A)(ii) shall--
(i) provide for--
(I) less burden on potential nominees for positions
which require appointment by and with the advice and
consent of the Senate;
(II) faster delivery of background information to
Congress, the White House, the Federal Bureau of
Investigation, Diplomatic Security, and the Office of
Government Ethics; and
(III) fewer errors of omission; and
(ii) ensure the existence and operation of a single,
searchable form which shall be known as a ``Smart Form''
and shall--
(I) be free to a nominee and easy to use;
(II) make it possible for the nominee to answer all
vetting questions one way, at a single time;
(III) secure the information provided by a nominee;
(IV) allow for multiple submissions over time, but
always in the format requested by the vetting agency or
entity;
(V) be compatible across different computer
platforms;
(VI) make it possible to easily add, modify, or
subtract vetting questions;
(VII) allow error checking; and
(VIII) allow the user to track the progress of a
nominee in providing the required information.
(d) Review of Background Investigation Requirements.--
(1) In general.--The Working Group shall conduct a review of
the impact of background investigation requirements on the
appointments process.
(2) Conduct of review.--In conducting the review, the Working
Group shall--
(A) assess the feasibility of using personnel other than
Federal Bureau of Investigation personnel, in appropriate
circumstances, to conduct background investigations of
individuals under consideration for positions appointed by the
President, by and with the advice and consent of the Senate;
and
(B) consider the extent to which the scope of the
background investigation conducted for an individual under
consideration for a position appointed by the President, by and
with the advice and consent of the Senate, should be varied
depending on the nature of the position for which the
individual is being considered.
(3) Report.--Not later than 270 days after the date of
enactment of this Act, the Working Group shall submit a report of
the findings of the review under this subsection to--
(A) the President;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(C) the Committee on Rules and Administration of the
Senate.
(e) Personnel Matters.--
(1) Compensation of members.--
(A) Federal officers and employees.--Each member of the
Working Group who is a Federal officer or employee shall serve
without compensation in addition to that received for their
services as a Federal officer or employee.
(B) Members not federal officers and employees.--Each
member of the Working Group who is not a Federal officer or
employee shall not be compensated for services performed for
the Working Group.
(2) Travel expenses.--The members of the Working Group shall be
allowed travel expenses, including per diem in lieu of subsistence,
at rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their
homes or regular places of business in the performance of services
for the Working Group.
(3) Staff.--
(A) In general.--The President may designate Federal
officers and employees to provide support services for the
Working Group.
(B) Detail of federal employees.--Any Federal employee may
be detailed to the Working Group without reimbursement, and
such detail shall be without interruption or loss of civil
service status or privilege.
(f) Non-Applicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Working Group established under this section.
(g) Termination of the Working Group.--The Working Group shall
terminate 60 days after the date on which the Working Group submits the
latter of the 2 reports under this section.
SEC. 5. REPORT ON PRESIDENTIALLY APPOINTED POSITIONS.
(a) Definitions.--In this section--
(1) the term ``agency'' means an Executive agency defined under
section 105 of title 5, United States Code; and
(2) the term ``covered position'' means a position in an agency
that requires appointment by the President without the advice and
consent of the Senate.
(b) In General.--Not later than 180 days after the date of
enactment of this Act, the Government Accountability Office shall
conduct a study and submit a report on covered positions to Congress
and the President.
(c) Contents.--The report submitted under this section shall
include--
(1) a determination of the number of covered positions in each
agency;
(2) an evaluation of whether maintaining the total number of
covered positions is necessary;
(3) an evaluation of the benefits and disadvantages of--
(A) eliminating certain covered positions;
(B) converting certain covered positions to career
positions or positions in the Senior Executive Service that are
not career reserved positions; and
(C) converting any categories of covered positions to
career positions;
(4) the identification of--
(A) covered positions described under paragraph (3)(A) and
(B); and
(B) categories of covered positions described under
paragraph (3)(C); and
(5) any other recommendations relating to covered positions.
SEC. 6. EFFECTIVE DATE.
(a) Presidential Appointments Not Subject to Senate Approval.--The
amendments made by section 2 shall take effect 60 days after the date
of enactment of this Act and apply to appointments made on and after
that effective date, including any nomination pending in the Senate on
that date.
(b) Director of the Census and Working Group.--The provisions of
sections 3 and 4 (including any amendments made by those sections)
shall take effect on the date of enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.