II Calendar No. 75 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 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.
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.
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,. (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:
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:
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:
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:
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. .
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:
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.
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.
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.
June 13, 2011 Reported with an amendment