[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 679 Reported in Senate (RS)]
Calendar No. 75
112th CONGRESS
1st Session
S. 679
To reduce the number of executive positions subject to Senate
confirmation.
_______________________________________________________________________
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
June 13, 2011
Reported by Mr. Lieberman, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Presidential Appointment
Efficiency and Streamlining Act of 2011''.</DELETED>
<DELETED>SEC. 2. PRESIDENTIAL APPOINTMENTS NOT SUBJECT TO SENATE
APPROVAL.</DELETED>
<DELETED> (a) Agriculture.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) by striking ``subsection (a)'' and
inserting ``subsection (a)(3)'';</DELETED>
<DELETED> (B) by striking subsection (c);
and</DELETED>
<DELETED> (C) by redesignating subsection (d) as
subsection (c).</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (A) by striking ``, by and with the advice
and consent of the Senate'';</DELETED>
<DELETED> (B) by striking paragraph (2);
and</DELETED>
<DELETED> (C) by redesignating paragraph (3) as
paragraph (2).</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (b) Commerce.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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,''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (c) Department of Defense.--</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (2) Assistant secretary of the army for financial
management.--Section 3016(a) of such title is amended--
</DELETED>
<DELETED> (A) by inserting ``(1)'' after
``(a)'';</DELETED>
<DELETED> (B) by striking the second sentence;
and</DELETED>
<DELETED> (C) by adding at the end the following new
paragraph:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) The Assistant Secretary of the Army specified in
subsection (b)(4) shall be appointed from civilian life by the
President.''.</DELETED>
<DELETED> (3) Assistant secretary of the navy for financial
management.--Section 5016(a) of such title is amended--
</DELETED>
<DELETED> (A) by inserting ``(1)'' after
``(a)'';</DELETED>
<DELETED> (B) by striking the second sentence;
and</DELETED>
<DELETED> (C) by adding at the end the following new
paragraph:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) The Assistant Secretary of the Navy specified in
subsection (b)(3) shall be appointed from civilian life by the
President.''.</DELETED>
<DELETED> (4) Assistant secretary of the air force for
financial management.--Section 8016(a) of such title is
amended--</DELETED>
<DELETED> (A) by inserting ``(1)'' after
``(a)'';</DELETED>
<DELETED> (B) by striking the second sentence;
and</DELETED>
<DELETED> (C) by adding at the end the following new
paragraph:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) The Assistant Secretary of the Air Force specified
in subsection (b)(3) shall be appointed from civilian life by the
President.''.</DELETED>
<DELETED> (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,''.</DELETED>
<DELETED> (d) Department of Education.--</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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,''.</DELETED>
<DELETED> (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);''.</DELETED>
<DELETED> (f) Department of Health and Human Services.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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,''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (g) Department of Homeland Security.--</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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,''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) by inserting ``(1)'' after ``(a)'';</DELETED>
<DELETED> (2) by striking ``eight'' and inserting ``5'';
and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (i) Department of Justice.--</DELETED>
<DELETED> (1) Assistant attorney general, legislative
affairs.--</DELETED>
<DELETED> (A) In general.--Chapter 31 of title 28,
United States Code, is amended--</DELETED>
<DELETED> (i) in section 506, by striking
``11 Assistant Attorneys General'' and
inserting ``10 Assistant Attorneys General'';
and</DELETED>
<DELETED> (ii) by inserting after section
507A the following:</DELETED>
<DELETED>``Sec. 507B. Assistant Attorney General for Legislative
Affairs</DELETED>
<DELETED> ``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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``507B. Assistant Attorney General for Legislative Affairs.''.
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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,''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (j) Department of Labor.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) by striking ``, each of whom shall be
appointed by the President, by and with the advice and consent
of the Senate, and''; and</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED> (l) Department of Transportation.--</DELETED>
<DELETED> (1) Assistant secretaries.--Section 102(e) of
title 49, United States Code, is amended--</DELETED>
<DELETED> (A) by striking ``(e) The Department'' and
all that follows through ``An Assistant Secretary'' and
inserting the following:</DELETED>
<DELETED> ``(e) Assistant Secretaries; General Counsel.--</DELETED>
<DELETED> ``(1) Appointment.--The Department has 5 Assistant
Secretaries and a General Counsel, including--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(C) an Assistant Secretary for
Administration, who shall be appointed in the
competitive service by the Secretary, with the approval
of the President; and</DELETED>
<DELETED> ``(D) a General Counsel, who shall be
appointed by the President, with the advice and consent
of the Senate.</DELETED>
<DELETED> ``(2) Duties and powers.--The officers set forth
in paragraph (1) shall carry out duties and powers prescribed
by the Secretary. An Assistant Secretary''.</DELETED>
<DELETED> (2) Deputy administrator, federal aviation
administration.--Section 106 of title 49, United States Code,
is amended--</DELETED>
<DELETED> (A) in subsection (b), by striking ``. The
Administration has a Deputy Administrator. They are
appointed'' and inserting ``, who shall be appointed'';
and</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (m) Department of Treasury.--</DELETED>
<DELETED> (1) Assistant secretary for legislative affairs.--
Section 301(e) of title 31, United States Code, is amended--
</DELETED>
<DELETED> (A) striking ``10 Assistant Secretaries''
and inserting ``9 Assistant Secretaries'';
and</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) striking ``9 Assistant Secretaries''
in the first sentence and inserting ``8 Assistant
Secretaries''; and</DELETED>
<DELETED> (B) in the second sentence--</DELETED>
<DELETED> (i) by striking ``1 Assistant
Secretary'' and inserting ``2 Assistant
Secretaries'', and</DELETED>
<DELETED> (ii) by inserting ``and the
Assistant Secretary for Public Affairs'' before
the period at the end.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (A) striking ``8 Assistant Secretaries''
in the first sentence and inserting ``7 Assistant
Secretaries''; and</DELETED>
<DELETED> (B) in the second sentence--</DELETED>
<DELETED> (i) by striking ``2 Assistant
Secretary'' and inserting ``3 Assistant
Secretaries'', and</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (4) Treasurer of the united states.--Section
301(d) of title 31, United States Code, is amended--</DELETED>
<DELETED> (A) by striking ``2 Deputy Under
Secretaries, and a Treasurer of the United States'' and
inserting ``and 2 Deputy Under Secretaries'',
and</DELETED>
<DELETED> (B) by inserting ``and a Treasurer of the
United States appointed by the President'' after
``Fiscal Assistant Secretary appointed by the
Secretary''.</DELETED>
<DELETED> (5) Director of the mint.--Section 304(b)(1) of
title 31, United States Code, is amended--</DELETED>
<DELETED> (A) by striking ``, by and with the advice
and consent of the Senate''; and</DELETED>
<DELETED> (B) by striking ``On removal, the
President shall send a message to the Senate giving the
reasons for removal.''.</DELETED>
<DELETED> (n) Department of Veterans Affairs.--Section 308(a) of
title 38, United States Code, is amended--</DELETED>
<DELETED> (1) by striking ``There shall'' and inserting
``(1) There shall'';</DELETED>
<DELETED> (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</DELETED>
<DELETED> (3) by adding at the end the following new
paragraphs:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) The following Assistant Secretaries may be appointed
without the advice and consent of the Senate:</DELETED>
<DELETED> ``(A) The Assistant Secretary for
Management.</DELETED>
<DELETED> ``(B) The Assistant Secretary for Human Resources
and Administration.</DELETED>
<DELETED> ``(C) The Assistant Secretary for Public and
Intergovernmental Affairs.</DELETED>
<DELETED> ``(D) The Assistant Secretary for Congressional
and Legislative Affairs.</DELETED>
<DELETED> ``(E) The Assistant Secretary for Information and
Technology.''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(a) Creation; Composition; Qualifications; Chairman and
Vice Chairman.--</DELETED>
<DELETED> ``(1) Creation.--There is created in the Executive
Office of the President a Council of Economic Advisers
(hereinafter called the `Council').</DELETED>
<DELETED> ``(2) Composition.--The Council shall be composed
of three members, of whom--</DELETED>
<DELETED> ``(A) 1 shall be the chairman who shall be
appointed by the President by and with the advice and
consent of the Senate; and</DELETED>
<DELETED> ``(B) 2 shall be appointed by the
President.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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,''.</DELETED>
<DELETED> (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,''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(1) In general.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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,''.</DELETED>
<DELETED> (y) United States Agency for International Development.--
</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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,''.</DELETED>
<DELETED> (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,''.</DELETED>
<DELETED> (cc) Governor and Alternate Governor of the African
Development Bank.--</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (2) Conforming amendments.--Section 1334 of such
Act (22 U.S.C. 290i-2) is amended--</DELETED>
<DELETED> (A) by striking ``The Director or
Alternate Director'' and inserting the
following:</DELETED>
<DELETED> ``(b) The Director or Alternate Director''; and</DELETED>
<DELETED> (B) by inserting before subsection (b), as
redesignated, the following:</DELETED>
<DELETED> ``(a) The President, by and with the advice and consent of
the Senate, shall appoint a Director of the Bank.''.</DELETED>
<DELETED> (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--
''</DELETED>
<DELETED> ``(1) a Governor of the Bank and an alternate for
the Governor; and</DELETED>
<DELETED> ``(2) by and with the advice and consent of the
Senate, a Director of the Bank.''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) in subsection (b), by striking ``, by and with
the advice and consent of the Senate,'' the first place it
appears.</DELETED>
<DELETED> (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,''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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,''.</DELETED>
<DELETED> (kk) Public Health Service Commissioned Officer Corps.--
</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (ll) National Oceanic and Atmospheric Administration
Commissioned Officer Corps.--</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (3) Temporary appointments and promotions
generally.--Section 229 of such Act (33 U.S.C. 3029) is
amended--</DELETED>
<DELETED> (A) by striking ``alone'' each place it
appears; and</DELETED>
<DELETED> (B) in subsection (a), in the second
sentence, by striking ``unless the Senate sooner gives
its advice and consent to the appointment''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(A) be appointed by the President;
or</DELETED>
<DELETED> ``(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;''.</DELETED>
<DELETED>SEC. 3. WORKING GROUP ON STREAMLINING PAPERWORK FOR EXECUTIVE
NOMINATIONS.</DELETED>
<DELETED> (a) Establishment.--There is established the Working Group
on Streamlining Paperwork for Executive Nominations (in this section
referred to as the ``Working Group'').</DELETED>
<DELETED> (b) Membership.--</DELETED>
<DELETED> (1) Composition.--The Working Group shall be
composed of--</DELETED>
<DELETED> (A) the chairperson who shall be--
</DELETED>
<DELETED> (i) except as provided under
clause (ii), the Director of the Office of
Presidential Personnel; or</DELETED>
<DELETED> (ii) a Federal officer designated
by the President;</DELETED>
<DELETED> (B) representatives designated by the
President from--</DELETED>
<DELETED> (i) the Office of Personnel
Management;</DELETED>
<DELETED> (ii) the Office of Government
Ethics; and</DELETED>
<DELETED> (iii) the Federal Bureau of
Investigation; and</DELETED>
<DELETED> (C) individuals appointed by the
chairperson of the Working Group who have experience
and expertise relating to the Working Group,
including--</DELETED>
<DELETED> (i) individuals from other
relevant Federal agencies; and</DELETED>
<DELETED> (ii) individuals with relevant
experience from previous presidential
administrations.</DELETED>
<DELETED> (c) Streamlining of Paperwork Required for Executive
Nominations.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the President;</DELETED>
<DELETED> (B) the Committee on Homeland Security and
Governmental Affairs of the Senate; and</DELETED>
<DELETED> (C) the Committee on Rules and
Administration of the Senate.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (3) Contents.--</DELETED>
<DELETED> (A) In general.--The report submitted
under this section shall include--</DELETED>
<DELETED> (i) recommendations for the
streamlining of paperwork required for
executive nominations; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Electronic system.--The electronic
system described under subparagraph (A)(ii) shall--
</DELETED>
<DELETED> (i) provide for--</DELETED>
<DELETED> (I) less burden on
potential nominees for positions which
require appointment by and with the
advice and consent of the
Senate;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (III) fewer errors of
omission; and</DELETED>
<DELETED> (ii) ensure the existence and
operation of a single, searchable form which
shall be known as a ``Smart Form'' and shall--
</DELETED>
<DELETED> (I) be free to a nominee
and easy to use;</DELETED>
<DELETED> (II) make it possible for
the nominee to answer all vetting
questions one way, at a single
time;</DELETED>
<DELETED> (III) secure the
information provided by a
nominee;</DELETED>
<DELETED> (IV) allow for multiple
submissions over time, but always in
the format requested by the vetting
agency or entity;</DELETED>
<DELETED> (V) be compatible across
different computer platforms;</DELETED>
<DELETED> (VI) make it possible to
easily add, modify, or subtract vetting
questions;</DELETED>
<DELETED> (VII) allow error
checking; and</DELETED>
<DELETED> (VIII) allow the user to
track the progress of a nominee in
providing the required
information.</DELETED>
<DELETED> (d) Review of Background Investigation Requirements.--
</DELETED>
<DELETED> (1) In general.--The Working Group shall conduct a
review of the impact of background investigation requirements
on the appointments process.</DELETED>
<DELETED> (2) Conduct of review.--In conducting the review,
the Working Group shall--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (A) the President;</DELETED>
<DELETED> (B) the Committee on Homeland Security and
Governmental Affairs of the Senate; and</DELETED>
<DELETED> (C) the Committee on Rules and
Administration of the Senate.</DELETED>
<DELETED> (e) Personnel Matters.--</DELETED>
<DELETED> (1) Compensation of members.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Staff.--</DELETED>
<DELETED> (A) In general.--The President may
designate Federal officers and employees to provide
support services for the Working Group.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 4. EFFECTIVE DATE.</DELETED>
<DELETED> 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.</DELETED>
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 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,''.
(c) Department of Defense.--
(1) Assistant secretaries of defense for legislative
affairs, public affairs, and networks and information
integration.--Section 138(a) 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 by striking paragraph (2) and inserting the following:
``(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) Comptroller of the army.--
(A) In general.--Section 3016 of title 10, United
States Code, is amended--
(i) by striking the section heading and
inserting the following:
``Sec. 3016. Assistant Secretaries of the Army; Comptroller of the
Army'';
(ii) in subsection (a), by striking
``five'' and inserting ``four'';
(iii) in subsection (b)--
(I) by striking paragraph (4); and
(II) by redesignating paragraph (5)
as paragraph (4); and
(iv) by adding at the end the following:
``(c) There is a Comptroller of the Army, who shall be appointed
from civilian life by the President. The Comptroller shall perform such
duties and exercise such powers as the Secretary of the Army may
prescribe. The Comptroller shall have as his principal responsibility
the exercise of the comptroller functions of the Department of the
Army, including financial management functions. The Comptroller shall
be responsible for all financial management activities and operations
of the Department of the Army and shall advise the Secretary of the
Army on financial management.''.
(B) Technical and conforming amendments.--
(i) Table of sections.--The table of
sections for chapter 303 of title 10, United
States Code, is amended by striking the item
relating to section 3016 and inserting the
following:
``3016. Assistant Secretaries of the Army; Comptroller of the Army.''.
(ii) Financial management.--Section 3022 of
title 10, United States Code, is amended--
(I) in subsection (a), by striking
``Assistant Secretary of the Army for
Financial Management'' and inserting
``Comptroller of the Army''; and
(II) in subsection (d), by striking
``Assistant Secretary of the Army for
Financial Management'' and inserting
``Comptroller of the Army''.
(3) Comptroller of the navy.--
(A) In general.--Section 5016 of title 10, United
States Code, is amended--
(i) by striking the section heading and
inserting the following:
``Sec. 5016. Assistant Secretaries of the Navy; Comptroller of the
Navy'';
(ii) in subsection (a), by striking
``four'' and inserting ``three'';
(iii) in subsection (b)--
(I) by striking paragraph (3); and
(II) by redesignating paragraph (4)
as paragraph (3); and
(iv) by adding at the end the following:
``(c) There is a Comptroller of the Navy, who shall be appointed
from civilian life by the President. The Comptroller shall perform such
duties and exercise such powers as the Secretary of the Navy may
prescribe. The Comptroller shall have as his principal responsibility
the exercise of the comptroller functions of the Department of the
Navy, including financial management functions. The Comptroller shall
be responsible for all financial management activities and operations
of the Department of the Navy and shall advise the Secretary of the
Navy on financial management.''.
(B) Technical and conforming amendments.--
(i) Table of sections.--The table of
sections for chapter 503 of title 10, United
States Code, is amended by striking the item
relating to section 5016 and inserting the
following:
``5016. Assistant Secretaries of the Navy; Comptroller of the Navy.''.
(ii) Financial management.--Section 5025 of
title 10, United States Code, is amended--
(I) in subsection (a), by striking
``Assistant Secretary of the Navy for
Financial Management'' and inserting
``Comptroller of the Navy''; and
(II) in subsection (d), by striking
``Assistant Secretary of the Navy for
Financial Management'' and inserting
``Comptroller of the Navy''.
(4) Comptroller of the air force.--
(A) In general.--Section 8016 of title 10, United
States Code, is amended--
(i) by striking the section heading and
inserting the following:
``Sec. 8016. Assistant Secretaries of the Air Force; Comptroller of the
Air Force'';
(ii) in subsection (a), by striking
``four'' and inserting ``three'';
(iii) in subsection (b)--
(I) by striking paragraph (3); and
(II) by redesignating paragraph (4)
as paragraph (3); and
(iv) by adding at the end the following:
``(c) There is a Comptroller of the Air Force, who shall be
appointed from civilian life by the President. The Comptroller shall
perform such duties and exercise such powers as the Secretary of the
Air Force may prescribe. The Comptroller shall have as his principal
responsibility the exercise of the comptroller functions of the
Department of the Air Force, including financial management functions.
The Comptroller shall be responsible for all financial management
activities and operations of the Department of the Air Force and shall
advise the Secretary of the Air Force on financial management.''.
(B) Technical and conforming amendments.--
(i) Table of sections.--The table of
sections for chapter 803 of title 10, United
States Code, is amended by striking the item
relating to section 8016 and inserting the
following:
``8016. Assistant Secretaries of the Air Force; Comptroller of the Air
Force.''.
(ii) Financial management.--Section 8022 of
title 10, United States Code, is amended--
(I) in subsection (a), by striking
``Assistant Secretary of the Air Force
for Financial Management'' and
inserting ``Comptroller of the Air
Force''; and
(II) in subsection (d), by striking
``Assistant Secretary of the Air Force
for Financial Management'' and
inserting ``Comptroller of the Air
Force''.
(5) Technical and conforming amendments relating to level
iv positions on the executive schedule.--Section 5315 of title
5, United States Code, is amended as follows--
(A) by striking the item relating to Assistant
Secretaries of the Air Force (4) and inserting the
following:
``Assistant Secretaries of the Air Force (3)'';
(B) by striking the item relating to Assistant
Secretaries of the Army (5) and inserting the
following:
``Assistant Secretaries of the Army (4)'';
(C) by striking the item relating to Assistant
Secretaries of the Navy (4) and inserting the
following:
``Assistant Secretaries of the Navy (3)''; and
(D) by inserting at the end the following:
``Comptroller of the Air Force
``Comptroller of the Army
``Comptroller of the Navy''.
(6) Inapplicability to certain individuals serving on date
of enactment.--
(A) In general.--Notwithstanding the amendments
made by this subsection, the individual serving in a
position described in subparagraph (B) on the date of
enactment of this Act may continue to serve in such
position as if such amendments had not been enacted.
(B) Positions.--The positions specified in this
subparagraph are the following:
(i) The Assistant Secretary of the Army for
Financial Management.
(ii) The Assistant Secretary of the Navy
for Financial Management.
(iii) The Assistant Secretary of the Air
Force for Financial Management.
(7) 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,''.
(8) Director, office of selective service records.--The
first section of the Act entitled ``An Act to establish an
Office of Selective Service Records to liquidate the Selective
Service System following the termination of its functions on
March 31, 1947, and to preserve and service the Selective
Service records, and for other purposes'', approved March 31,
1947 (50 U.S.C. 321; 61 Stat. 31) 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; 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 ``6''; and
(3) by adding at the end the following:
``(2) There shall be in the Department 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:
``Sec. 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 the Treasury.--
(1) Assistant secretaries for legislative affairs, public
affairs, and management.--Section 301(e) of title 31, United
States Code, is amended--
(A) by striking ``10 Assistant Secretaries'' and
inserting ``7 Assistant Secretaries''; and
(B) by inserting ``The Department shall have 3
Assistant Secretaries not subject to the advice and
consent of the Senate who shall be the Assistant
Secretary for Legislative Affairs, 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''.
(3) 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 Operations, Security and
Preparedness.''.
(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 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. 12651e(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) 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''.
(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) 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.
(y) 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''.
(z) 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,''.
(aa) 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,''.
(bb) 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.''.
(cc) Governor and Alternate Governor of the Asian Development
Bank.--Section 3(a) of the Asian Development Bank Act (22 U.S.C.
285a(a)) is amended 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.''.
(dd) 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.
(ee) 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,''.
(ff) 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''.
(gg) 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''.
(hh) 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''.
(ii) 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,''.
(jj) 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''.
(kk) 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''.
(ll) Chief Financial Officer Positions.--Section 901 of title 31,
United States Code, is amended--
(1) in subsection(a)(1), 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;'';
(2) in subsection (b)(1), striking subparagraph (Q); and
(3) in subsection (b)(2), inserting at the end:
``(H) The National Aeronautics and Space
Administration.''.
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.
``(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. 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.
Calendar No. 75
112th CONGRESS
1st Session
S. 679
_______________________________________________________________________
A BILL
To reduce the number of executive positions subject to Senate
confirmation.
_______________________________________________________________________
June 13, 2011
Reported with an amendment