[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 679 Engrossed in Senate (ES)]
112th CONGRESS
1st Session
S. 679
_______________________________________________________________________
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.
Passed the Senate June 29, 2011.
Attest:
Secretary.
112th CONGRESS
1st Session
S. 679
_______________________________________________________________________
AN ACT
To reduce the number of executive positions subject to Senate
confirmation.