II 112th CONGRESS 1st Session S. 679 IN THE SENATE OF THE UNITED STATES March 30, 2011 Mr. Schumer (for himself, Mr. Alexander, Mr. Reid, Mr. McConnell, Mr. Lieberman, Ms. Collins, Mr. Brown of Massachusetts, Mr. Bingaman, Mr. Blumenthal, Mr. Durbin, Mr. Johanns, Mr. Lugar, Mr. Reed, Mr. Whitehouse, Mr. Carper, and Mr. Kyl) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To reduce the number of executive positions subject to Senate confirmation.

1.

Short title

This Act may be cited as the Presidential Appointment Efficiency and Streamlining Act of 2011.

2.

Presidential appointments not subject to Senate approval

(a)

Agriculture

(1)

Assistant Secretary of Agriculture for Congressional Relations and 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 subsection (a)(3); (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)

Assistant Secretary for Legislative Affairs

The provisions of the Act entitled An Act to provide for the appointment of one additional Assistant Secretary of Commerce, and for other purposes, approved July 15, 1947 (15 U.S.C. 1505), section 304 of title III of the Departments of State, Justice, and Commerce and the United States Information Agency Appropriation Act, 1955 (15 U.S.C. 1506), and the Act entitled An Act to authorize an additional Assistant Secretary of Commerce, approved February 16, 1962 (15 U.S.C. 1507), that require the advice and consent of the Senate shall not apply with respect to the appointment of the Assistant Secretary for Congressional Relations. (2)

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,. (3)

Assistant Secretary for Communications and Information

Section 103(a)(2) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 902(a)(2)) is amended by striking , by and with the advice and consent of the Senate. (c)

Department of Defense

(1)

Assistant Secretaries of Defense for Legislative Affairs, Public Affairs, and Networks and Information Integration

Section 138(a)(2) of title 10, United States Code, as amended by section 901(b)(4)(A) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011, is further amended to read as follows: (2)(A)Except as provided in subparagraph (B), the Assistant Secretaries of Defense shall be appointed from civilian life by the President, by and with the advice and consent of the Senate. (B)The Assistant Secretary of Defense referred to in subsection (b)(5), the Assistant Secretary of Defense for Public Affairs, and the Assistant Secretary of Defense for Networks and Information Integration shall each be appointed from civilian life by the President. . (2)

Assistant Secretary of the Army for Financial Management

Section 3016(a) of such title is amended— (A)by inserting (1) after (a); (B)by striking the second sentence; and (C)by adding at the end the following new paragraph: (2)(A)Except as provided in subparagraph (B), the Assistant Secretaries of the Army shall be appointed from civilian life by the President, by and with the advice and consent of the Senate. (B)The Assistant Secretary of the Army specified in subsection (b)(4) shall be appointed from civilian life by the President. . (3)

Assistant Secretary of the Navy for Financial Management

Section 5016(a) of such title is amended— (A)by inserting (1) after (a); (B)by striking the second sentence; and (C)by adding at the end the following new paragraph: (2)(A)Except as provided in subparagraph (B), the Assistant Secretaries of the Navy shall be appointed from civilian life by the President, by and with the advice and consent of the Senate. (B)The Assistant Secretary of the Navy specified in subsection (b)(3) shall be appointed from civilian life by the President. . (4)

Assistant Secretary of the Air Force for Financial Management

Section 8016(a) of such title is amended— (A)by inserting (1) after (a); (B)by striking the second sentence; and (C)by adding at the end the following new paragraph: (2)(A)Except as provided in subparagraph (B), the Assistant Secretaries of the Air Force shall be appointed from civilian life by the President, by and with the advice and consent of the Senate. (B)The Assistant Secretary of the Air Force specified in subsection (b)(3) shall be appointed from civilian life by the President. . (5)

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,. (d)

Department of Education

(1)

Assistant Secretary for Legislation and Congressional Affairs and 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 Legislation and Congressional Affairs and the Assistant Secretary for Management shall not be subject to the advice and consent of the Senate.. (2)

Commissioner, Rehabilitation Services Administration

Section 3(a) of the Rehabilitation Act of 1973 (29 U.S.C. 702(a)) is amended by striking by and with the advice and consent of the Senate. (3)

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 Energy

Section 203(a) of the Department of Energy Organization Act (42 U.S.C. 7133(a)) is amended in the first sentence by striking Senate; and inserting Senate (except that the Assistant Secretary for Congressional and Intergovernmental Affairs of the Department may be appointed by the President without the advice and consent of the Senate);. (f)

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. (2)

Assistant Secretary for Legislation

Notwithstanding any other provision of law, the appointment of an individual to serve as the Assistant Secretary for Legislation within the Department of Health and Human Services shall not be subject to the advice and consent of the Senate. (3)

Commissioner, Administration for Children, Youth and Families

Section 915(b)(2) of the Claude Pepper Young Americans Act of 1990 (42 U.S.C. 12311(b)(2)) is amended by striking , by and with the advice and consent of the Senate,. (4)

Commissioner, Administration for Native Americans

Section 803B(c) of the Native American Programs Act of 1974 (42 U.S.C. 2991b–2(c)) is amended by striking , by and with the advice and consent of the Senate. (g)

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. (h)

Housing and Urban Development; Chief Human Capital Officer, Assistant Secretary for Congressional and Intergovernmental Relations, and 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 5; and (3)by adding at the end the following: (2)There shall be in the Department a Chief Human Capital Officer, an Assistant Secretary for Congressional and Intergovernmental Relations, and an Assistant Secretary for Public Affairs, each of whom shall be appointed by the President and shall perform such functions, powers, and duties as the Secretary shall prescribe from time to time. . (i)

Department of Justice

(1)

Assistant Attorney General, Legislative Affairs

(A)

In general

Chapter 31 of title 28, United States Code, is amended— (i)in section 506, by striking 11 Assistant Attorneys General and inserting 10 Assistant Attorneys General; and (ii)by inserting after section 507A the following:

507B.

Assistant Attorney General for Legislative Affairs

The President shall appoint an Assistant Attorney General for Legislative Affairs to assist the Attorney General in the performance of the duties of the Attorney General.

. (B)

Technical and conforming amendment

The table of sections for chapter 31 of title 28, United States Code, is amended by inserting after the item relating to section 507A the following: 507B. Assistant Attorney General for Legislative Affairs. . (2)

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. (3)

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. (4)

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. (5)

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,. (6)

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. (j)

Department of Labor

(1)

Assistant Secretaries for Administration and Management, Congressional Affairs, 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, the Assistant Secretary for Congressional Affairs, 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. (k)

Department of State; Assistant Secretary for Legislative and Intergovernmental Affairs, 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 Legislative and Intergovernmental Affairs, the Assistant Secretary for Public Affairs, and the Assistant Secretary for Administration shall not be subject to the advice and consent of the Senate.. (l)

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 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 and Chief Financial Officer and an Assistant Secretary for Governmental Affairs, who shall each be appointed by the President; (C)an Assistant Secretary for Administration, who shall be appointed in the competitive service 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. (m)

Department of Treasury

(1)

Assistant Secretary for Legislative Affairs

Section 301(e) of title 31, United States Code, is amended— (A)striking 10 Assistant Secretaries and inserting 9 Assistant Secretaries; and (B)by inserting after the first sentence the following new sentence: The Department shall have 1 Assistant Secretary not subject to the advice and consent of the Senate who shall be the Assistant Secretary for Legislative Affairs.. (2)

Assistant Secretary for Public Affairs and Director of Policy Planning

Section 301(e) of title 31, United States Code, as amended by paragraph (1), is amended by— (A)striking 9 Assistant Secretaries in the first sentence and inserting 8 Assistant Secretaries; and (B)in the second sentence— (i)by striking 1 Assistant Secretary and inserting 2 Assistant Secretaries, and (ii)by inserting and the Assistant Secretary for Public Affairs before the period at the end. (3)

Assistant Secretary for Management and Chief Financial Officer

Section 301(e) of title 31, United States Code, as amended by paragraphs (1) and (2), is amended by— (A)striking 8 Assistant Secretaries in the first sentence and inserting 7 Assistant Secretaries; and (B)in the second sentence— (i)by striking 2 Assistant Secretary and inserting 3 Assistant Secretaries, and (ii)by striking and the Assistant Secretary for Public Affairs and inserting , the Assistant Secretary for Public Affairs, and the Assistant Secretary for Management, Chief Financial Officer, and Chief Performance Officer. (4)

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. (5)

Director of the Mint

Section 304(b)(1) of title 31, United States Code, is amended— (A)by striking , by and with the advice and consent of the Senate; and (B)by striking On removal, the President shall send a message to the Senate giving the reasons for removal.. (n)

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 Congressional and Legislative Affairs. (E)The Assistant Secretary for Information and Technology. . (o)

Appalachian Regional Commission; Alternate Federal Co-Chairman

Section 14301(b)(1) of title 40, United States Code, is amended by striking by and with the advice and consent of the Senate. (p)

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 his 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. . (q)

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. 12651d(a)(1)) is amended by striking , by and with the advice and consent of the Senate. (r)

National Council on Disability members, including Chairperson

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. (s)

National Foundation on the Arts and the Humanities; National Museum and Library Services Board; Members

Section 207(b)(1)(D) of the Museum and Library Services Act (20 U.S.C. 9105a(b)(1)(D)) is amended by striking , by and with the advice and consent of the Senate. (t)

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,. (u)

Office of Management and Budget; Controller, Office of Federal Financial Management

Section 504(b) of title 31, United States Code, is amended by striking , by and with the advice and consent of the Senate,. (v)

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 and Local 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. . (w)

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. (x)

Office of Science and Technology Policy; Associate Directors

Section 203 of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6612) is amended in the second sentence by striking , by and with the advice and consent of the Senate,. (y)

United States Agency for International Development

(1)

Assistant Administrator for Legislative and Public Affairs

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 Legislative and Public Affairs at the United States Agency for International Development shall not be subject to the advice and consent of the Senate. (2)

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. (z)

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. (aa)

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,. (bb)

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,. (cc)

Governor and Alternate Governor of the African Development Bank

(1)

In general

Section 1333(a) of the African Development Bank Act (22 U.S.C. 290i–1(a)) is amended by striking , by and with and all that follows through Bank and inserting shall appoint a Governor and an Alternate Governor. (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. . (dd)

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 by striking , by and with and all that follows through the end period and inserting shall appoint— (1)a Governor of the Bank and an alternate for the Governor; and (2)by and with the advice and consent of the Senate, a Director of the Bank. . (ee)

Governors and alternate governors of the International Monetary Fund and the International Bank for Reconstruction and Development

Section 3 of the Bretton Woods Agreements Act (22 U.S.C. 286a) is amended— (1)in subsection (a), by striking , by and with the advice and consent of the Senate, shall appoint a governor of the Fund who shall also serve as governor of the Bank, and an executive director and inserting shall appoint a governor of the Fund who shall also serve as governor of the Bank and, by and with the advice and consent of the Senate, an executive director; and (2)in subsection (b), by striking , by and with the advice and consent of the Senate, the first place it appears. (ff)

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 by striking , by and with the advice and consent of the Senate,. (gg)

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. (hh)

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. (ii)

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. (jj)

Federal Coordinator for Alaska Natural Gas Transportation Projects

Section 106(b)(1) of the Alaska Natural Gas Pipeline Act (division C of Public Law 108–324; 15 U.S.C. 720d(b)(1)) is amended by striking , by and with the advice and consent of the Senate,. (kk)

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. (ll)

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. (mm)

Chief financial officer positions

Section 901(a)(1) of title 31, United States Code, is amended by striking subparagraphs (A) and (B) and inserting the following: (A)be appointed by the President; or (B)be designated by the President, in consultation with the head of the agency, from among officials of the agency who are required by law to be appointed by the President, whether or not by and with the advice and consent of the Senate; .

3.

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.

4.

Effective date

The amendments made by this Act 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.