[Congressional Record Volume 157, Number 95 (Wednesday, June 29, 2011)]
[Senate]
[Pages S4174-S4181]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PRESIDENTIAL APPOINTMENT EFFICIENCY AND STREAMLINING ACT OF 2011
The ACTING PRESIDENT pro tempore. Under the previous order, the
Senate will resume consideration of S. 679, which the clerk will
report.
The legislative clerk read as follows:
A bill (S. 679) to reduce the number of executive positions
subject to Senate confirmation.
Pending:
DeMint amendment No. 501, to repeal the authority to
provide certain loans to the International Monetary Fund, the
increase in the United States quota to the Fund, and certain
other related authorities, and rescind related appropriated
amounts.
Portman modified amendment No. 509, to strike the
provisions relating to the Assistant Secretary (Comptroller)
of the Navy, the Assistant Secretary (Comptroller) of the
Army, and the Assistant Secretary (Comptroller) of the Air
Force, the chief financial officer positions, and the
Controller of the Office of Management and Budget.
DeMint amendment No. 511, to enhance accountability and
transparency among various Executive agencies.
Toomey/Vitter amendment No. 514, to strike the provision
relating to the Governors and alternate governors of the
International Monetary Fund and the International Bank for
Reconstruction and Development.
The ACTING PRESIDENT pro tempore. The Senator from New York.
Mr. SCHUMER. Madam President, I ask unanimous consent that
notwithstanding the previous order for the votes to begin at 11 a.m.,
there now be 10 minutes equally divided between the two leaders or
their designees prior to the votes; further, that there be 2 minutes
equally divided between the votes; finally, that all rollcall votes
after the first vote be 10-minute votes.
The ACTING PRESIDENT pro tempore. Is there objection? Without
objection, it is so ordered.
Mr. SCHUMER. Madam President, I will take the 5 minutes on our side.
Madam President, I rise and join my colleagues in strong support of
the nominations reform package before us today. This bipartisan bill
and resolution which we will vote on a bit later will effectively
change the way the Senate does business, and it is long past time to do
just that. It is not often that this body voluntarily takes steps to
curb its own power. But for the good of our democracy, the Senate must
become more efficient.
I thank my good friend and colleague, Senator Lamar Alexander, who
has been a driving force behind this effort and has been steadfast in
his resolve to make a change to this body. We have worked in a
bipartisan way to resolve all the differences in a way that I would
hope the Senate could work more often on more pieces of legislation.
I also thank the chair and ranking members of the Homeland Security
Committee, Senators Lieberman and Collins, for their input and
expertise in drafting this piece of legislation and moving it quickly
and productively through committee. Their impact on this process cannot
be understated.
I thank Senator Reid, the majority leader, and the Republican leader,
Senator McConnell. Back in January, when we were negotiating the
reforms to the body, they set up our working group to look into the
problem of executive nominations, and they supported and were an active
part of our effort.
The Senate has always been known as a cooling saucer, but as of late
it has become a subzero freezer. Nominees of impeccable qualifications
and indisputable support have been frozen out of the confirmation
process, and the backup in nominations also gridlocks other important
legislative business. That is why the Senate, often known as the
cooling saucer, is too often now a subzero freezer.
Today, we will be taking a meaningful and important step toward
changing this. The rapid growth of the executive branch has put
unanticipated burdens on the Senate, whose job it is to confirm the
President's appointees. There is nothing wrong with the Senate doing a
little prioritizing of its pending business.
Today, about one-third of the current Senate confirmable positions
will now either not require confirmation at all or will enjoy a
streamlined confirmation. By now we all know what S. 679 and S. Res.
116 do, but what will their impact be?
In short, this package of reform will help our government function
better. One example of this is the working group that the bill creates
to examine a ``smart form'' to streamline the paperwork submitted by a
nominee. A nominee may now, today, have to complete three separate
financial disclosure forms for the executive and legislative branches.
Hopefully, the idea of not having to fill out mountains of paperwork
will be appealing to prospective government servants.
Additionally, this bill and resolution we are voting on will help the
Senate focus more like a laser beam on issues affecting the average
American, such as jobs. The less time committees have to spend on
nominees, the more time they can spend on improving the everyday life
of Americans.
Over the last several decades we have seen an amazing increase in the
nominees we have had to confirm. It has gotten out of hand, and that is
something on which both sides can agree.
[[Page S4175]]
We are not abdicating our advice and consent duty, we are
strengthening it. We are focusing on the positions that truly need it
according to the Constitution.
This package represents the final piece to the reform deal that was
set forth in January.
Last spring, motivated by the good work of Senator Tom Udall of New
Mexico, the Rules Committee undertook a detailed examination of the
history and the application of the Senate rules, especially the
filibuster.
After six hearings, and many conversations, we reached a historic
point in January when something needed to be done.
Change happens slowly, we all know that, particularly in the Senate,
and sometimes it is a product of compromise and deliberation. We all
know this institution, as grand and wonderful as it is, could always
benefit by change. Today, we have some of that change. Is it everything
we want? No, far from it. But it will make a difference in the
institution's effectiveness.
I wish, for a minute, to thank the chairs of our Senate committees
and the ranking members as well. When we first spoke of this back in
January to the introduction of the bill in March, through markup and
now today, the chairmen have had a great impact on our efforts. We have
listened to them and made changes they have suggested which, on
reflection, we thought were worthwhile. We have listened to both the
chairmen and ranking members, understood their positions, and wanted
their ideas. All the while, however, they understood what we were
attempting to do, and we appreciate their support.
In conclusion, before final passage of this bill, we will be voting
on four amendments. It is our hope we can adopt Senators Portman,
Udall, and Cornyn's amendment and Senator Toomey's amendment by voice
vote. At the same time, I encourage my colleagues to vote against the
two amendments offered by Senator DeMint. One of the amendments he has
offered would have harmful consequences if passed and could disrupt how
the IMF does business. The other, while couched in transparency,
essentially removes legislative affairs and public affairs positions
from the bill. We have already agreed to remove the legislative affairs
positions. The Senate should have some say in determining who is going
to give information the Senate and others need, but we don't think the
public affairs positions should have to go through Senate confirmation.
All of these spokespeople report to Senate-confirmed individuals, where
we have oversight. So we don't agree with that half of Senator DeMint's
proposal.
I wish once again to thank my colleague and friend Senator Alexander.
I wish also to thank Senators Lieberman and Collins. In a few minutes,
we will vote on final passage of S. 679 and S. Res. 116, and I urge my
colleagues on both sides of the aisle to make a strong statement for
more effective government by voting aye.
I yield the floor.
The ACTING PRESIDENT pro tempore. The Senator from Tennessee.
Mr. ALEXANDER. Madam President, I thank Senator Schumer for his
leadership, as well as Senator Collins and Senator Lieberman. I will
make my full remarks following the vote, but I do want to say this bill
helps the Senate do its job under the Constitution. Article 2, section
2 tells us to designate those persons where we do not give advice and
consent. We are reducing that total by 169, we are expediting about 272
more, and we are removing about 2,600 from the officer corps.
This is a good example of bipartisan work here, and I want to thank
my colleagues for improving the bill, amending it, and pointing out
things to us that needed to be changed. One of those individuals has
been Senator DeMint, and I yield the remainder of our time before the
vote to Senator DeMint to speak on his amendment.
The ACTING PRESIDENT pro tempore. The Senator from South Carolina.
Amendment No. 501
Mr. DeMINT. I thank the Senator from Tennessee, Senator Alexander,
and Senator Collins, for their leadership on this issue. It is good to
see Democrats and Republicans working together on something.
Unfortunately, like many of the things we work on, we are dealing
with symptoms of a much deeper problem that we fail to recognize. The
reason we have gone from a few hundred confirmations during President
Kennedy's time to thousands today is because of the incredible
exponential growth of the Federal Government--new departments
everywhere, where we have new positions that have to be filled with
nominees who are confirmed by the Senate. Rather than look at the
behemoth we have created, we are moving to make it somewhat less
accountable.
I appreciate the rationale behind this, but I do think we have to
recognize when we are treating symptoms and not solving the problem.
The problem has led to much of the debt, the spending and an out-of-
control Congress and congressional interventions, because all of these
agencies invade on the private sector. But I do appreciate the
opportunity to speak and to offer an amendment.
The amendment we will be voting on in a few minutes does relate to
the International Monetary Fund. This is a fund set up years ago to
help struggling poor nations that get themselves in trouble. The United
States has been the largest contributor for years. But the IMF has gone
from being an international agency that helped in a limited number of
difficult situations to one that is now huge; that has access to
Americans' general fund. That is what I want to talk about today.
My amendment would deauthorize what we did in 2009 to open our bank
account to bailouts all over the world. Americans have gotten plenty
tired of our spending and our borrowing, and particularly the bailouts
they have seen from Washington and how these bailouts have not worked
but often made things worse. The international bailout fund is the
International Monetary Fund.
In 2009, this Congress passed an additional $100 billion credit line
to the International Monetary Fund. This can be drawn on without any
congressional approval, without the President's approval. It is an open
checkbook, in effect, that the International Monetary Fund can use, and
they will use, during these difficult times, as we see irresponsible
nations such as Greece that need international funds to continue their
profligate spending.
We must deauthorize this. Our country is in dire straits--close to
bankruptcy itself. The President is asking us, for the fourth time, to
increase the debt limit of our Nation so we can borrow another $2
trillion on top of the $14 trillion we have already borrowed. We cannot
afford to let the International Monetary Fund--which we discovered in
the last month has some questionable management practices--access $100
billion more than they already have of our money and help bail out
countries all over the world that have failed to make the difficult
decisions.
Don't think for a moment this is helping the poor in other countries.
This is a bailout for the big banks around the world that have made
loans to governments and now expect the International Monetary Fund to
back them. Americans saw enough of that during our own Wall Street
bailouts. Yet this Congress approved $100 billion more, which has not
been accessed yet but is available to the International Monetary Fund
right now without our permission. We can stop that today with this
amendment.
There is no excuse for giving away money around the world when we
cannot even keep our promises here in America--promises we have made to
our seniors and promises we have made to our veterans.
The ACTING PRESIDENT pro tempore. The Senator's time has expired.
Mr. DeMINT. Madam President, I encourage my colleagues to maybe do
one responsible fiscal thing in this session of Congress and at least
put this on hold. Let's stop this authorized $100 billion for
international bailouts.
Madam President, I yield the floor, and I ask for the yeas and nays.
The ACTING PRESIDENT pro tempore. Is there a sufficient second?
There appears to be a sufficient second.
The question is on agreeing to amendment No. 501, offered by the
Senator from South Carolina, Mr. DeMint.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from New Mexico (Mr. Udall)
is necessarily absent.
[[Page S4176]]
I further announce that, if present and voting, the Senator from New
Mexico (Mr. Udall) would vote ``nay.''
The ACTING PRESIDENT pro tempore. Are there any other Senators in the
Chamber desiring to vote?
The result was announced--yeas 44, nays 55, as follows:
[Rollcall Vote No. 99 Leg.]
YEAS--44
Alexander
Ayotte
Barrasso
Blunt
Boozman
Burr
Chambliss
Coats
Coburn
Collins
Corker
Cornyn
Crapo
DeMint
Enzi
Graham
Grassley
Hatch
Heller
Hoeven
Hutchison
Inhofe
Isakson
Johanns
Johnson (WI)
Kyl
Lee
McCain
McConnell
Moran
Murkowski
Paul
Portman
Risch
Roberts
Rubio
Sessions
Shelby
Snowe
Tester
Thune
Toomey
Vitter
Wicker
NAYS--55
Akaka
Baucus
Begich
Bennet
Bingaman
Blumenthal
Boxer
Brown (MA)
Brown (OH)
Cantwell
Cardin
Carper
Casey
Cochran
Conrad
Coons
Durbin
Feinstein
Franken
Gillibrand
Hagan
Harkin
Inouye
Johnson (SD)
Kerry
Kirk
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lugar
Manchin
McCaskill
Menendez
Merkley
Mikulski
Murray
Nelson (NE)
Nelson (FL)
Pryor
Reed
Reid
Rockefeller
Sanders
Schumer
Shaheen
Stabenow
Udall (CO)
Warner
Webb
Whitehouse
Wyden
NOT VOTING--1
Udall (NM)
The ACTING PRESIDENT pro tempore. On this vote, the yeas are 44, the
nays are 55. Under the previous order requiring 60 votes for the
adoption of this amendment, the amendment is rejected.
Amendment No. 509, As Modified
There is now 2 minutes of debate equally divided prior to the next
vote on the Portman amendment.
The Senator from Connecticut.
Mr. LIEBERMAN. Madam President, I support this amendment. I am
prepared to yield back any additional time.
The ACTING PRESIDENT pro tempore. Is there further debate? If not,
the question is on agreeing to the amendment.
The amendment (No. 509), as modified, was agreed to.
Mr. LIEBERMAN. Madam President, I move to reconsider the vote.
Ms. COLLINS. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Amendment No. 511
The ACTING PRESIDENT pro tempore. There will now be 2 minutes of
debate prior to a vote on the DeMint amendment No. 511.
The Senator from South Carolina.
Mr. DeMINT. Madam President, this next amendment is about
accountability and transparency. I thank the leadership teams on both
sides for accepting most of the positions here for legislative affairs
that interface on our behalf with the administration. There are eight
more positions and that is all this amendment is about. They are public
affairs positions that interface on behalf of the public with the
administration. Certainly we can give the public the same
accountability and transparency we ask for ourselves. These are the
positions within the White House. If Americans have a problem in any
area, whether it is defense contracting, Health and Human Services,
HUD, Labor, they call a public affairs officer. These folks need to be
accountable to us and we need to make sure they respond to the American
people. There are only eight positions here that we are asking to go
through the normal confirmation process.
I encourage my colleagues to support this amendment.
The ACTING PRESIDENT pro tempore. The Senator from Maine.
Ms. COLLINS. Madam President, I rise in opposition to the amendment
of Senator DeMint. Yesterday the managers' amendment, which was agreed
to, retained the Senate confirmation requirement for the legislative
affairs positions so the only thing we are talking about here is the
public affairs positions. Most of these positions in Cabinet level
departments do not require Senate confirmation under our current
process, and heaven help us if these public affairs people are making
policy. They are not. They are just the messengers.
We need to reserve the Senate's advice and consent process for
policymaking positions or those that have control over Federal funds.
Neither of those criteria apply in this case.
I urge the rejection of the DeMint amendment.
Mr. DeMINT. Madam President, I ask for the yeas and nays.
The ACTING PRESIDENT pro tempore. Is there a sufficient second?
There appears to be a sufficient second.
The question is on agreeing to the amendment.
The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from New Mexico (Mr. Udall)
is necessarily absent.
I further announce that, if present and voting, the Senator from New
Mexico (Mr. Udall) would vote ``nay.''
The ACTING PRESIDENT pro tempore. Are there any other Senators in the
Chamber desiring to vote?
The result was announced--yeas 25, nays 74, as follows:
[Rollcall Vote No. 100 Leg.]
YEAS--25
Ayotte
Barrasso
Chambliss
Coats
Corker
Crapo
DeMint
Enzi
Graham
Grassley
Hatch
Heller
Inhofe
Isakson
Lee
Manchin
Moran
Nelson (NE)
Paul
Risch
Roberts
Rubio
Sessions
Snowe
Vitter
NAYS--74
Akaka
Alexander
Baucus
Begich
Bennet
Bingaman
Blumenthal
Blunt
Boozman
Boxer
Brown (MA)
Brown (OH)
Burr
Cantwell
Cardin
Carper
Casey
Coburn
Cochran
Collins
Conrad
Coons
Cornyn
Durbin
Feinstein
Franken
Gillibrand
Hagan
Harkin
Hoeven
Hutchison
Inouye
Johanns
Johnson (SD)
Johnson (WI)
Kerry
Kirk
Klobuchar
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lugar
McCain
McCaskill
McConnell
Menendez
Merkley
Mikulski
Murkowski
Murray
Nelson (FL)
Portman
Pryor
Reed
Reid
Rockefeller
Sanders
Schumer
Shaheen
Shelby
Stabenow
Tester
Thune
Toomey
Udall (CO)
Warner
Webb
Whitehouse
Wicker
Wyden
NOT VOTING--1
Udall (NM)
The amendment (No. 511) was rejected.
Mr. LIEBERMAN. Madam President, I move for reconsideration and to lay
that matter on the table.
The motion to lay on the table was agreed to.
Amendment No. 514
The ACTING PRESIDENT pro tempore. There is 2 minutes, equally
divided, on debate for the Toomey amendment.
The Senator from Connecticut.
Mr. LIEBERMAN. Madam President, I believe there is agreement on this
amendment on both sides. The amendment makes sense, and, therefore, I
yield back all time on both sides.
The ACTING PRESIDENT pro tempore. The question is on agreeing to the
amendment.
The amendment (No. 514) was agreed to.
Mr. GRASSLEY. Madam President, I would like to express my concerns
with S. 679, the Schumer/Alexander Presidential Appointment Efficiency
and Streamlining Act. This bill would eliminate the Senate confirmation
process for approximately 200 positions. Many of the positions proposed
to be eliminated from the Senate process are officers dealing with
transparency matters, such as positions dealing with public and
congressional affairs, as well as officers dealing with budgetary
matters, such as positions dealing with finances and grant
administration.
In general, I am concerned that the legislation will eliminate the
Senate's ability to provide its constitutional duty of advice and
consent for individuals tasked with performing important government
functions, and would allow these positions to become more like czars
that are unaccountable to the people.
In addition, I am concerned that the legislation will impede the
Senate's ability to conduct oversight of certain department programs,
as well as reduce
[[Page S4177]]
Senators' ability to compel executive department and agencies to
testify before Congress or answer written questions. For example, DOJ
has a policy of not allowing line attorneys to testify before Congress,
and the Obama Administration will not allow its czars to testify--a
policy that could potentially apply to these individuals.
Further, often the only tactic a Senator has for compelling an agency
to produce documents or provide answers to questions is to block a
nominee until documents or answers are produced. This is especially
true when the member seeking to conduct oversight is in the minority
party. I have frequently employed this tactic to get documents/
information from agencies, and generally have been successful when I've
used this method in helping me with my oversight efforts.
As the current ranking member of the Senate Judiciary Committee, I
would like to address the positions under Judiciary Committee
jurisdiction proposed to be eliminated. Specifically, S, 679 would
eliminate the Senate confirmation process for these 10 positions under
Judiciary Committee jurisdiction:
Assistant Attorney General, Legislative Affairs, DOJ
Director, Bureau of Justice Assistance, DOJ
Director, Bureau of Justice Statistics, DOJ
Director, National Institute of Justice, DOJ
Administrator, Office of Juvenile Justice and Delinquency
Prevention, DOJ
Director, Office for Victims of Crime, DOJ
Deputy Director, National Drug Control Policy, ONDCP
Deputy Director, Demand Reduction, National Drug Control
Policy, ONDCP
Deputy Director, State and Local Affairs, National Drug
Control Policy, ONDCP
Deputy Director, Supply Reduction, National Drug Control
Policy, ONDCP
In addition, the Senate resolution would provide an expedited process
for these positions under Judiciary Committee jurisdiction:
Members (2), Foreign Claims Settlement Commission
Members (11), Board of Directors, State Justice Institute
I believe that all these positions be removed from the legislation.
Specifically with respect to the Judiciary Committee positions, I am
concerned that several of these positions deal with policy
implementation, grant administration and funding, statistics and data
collection, as well as transparency and accountability. The DOJ
inspector general noted that grant management was one of the top 10
challenges at DOJ. Several of these DOJ and ONDCP positions administer
millions of dollars in grants. In addition, several groups have raised
concerns because some of these positions compile data that can be
skewed and distorted to support policy goals.
Prior nominees for some of these positions were opposed or withdrawn
because they were not qualified. Further, I and others have blocked
several of the nominees for these positions in the past to force
agencies to comply with document production requests or to compel
answers to my questions.
In addition to my concerns with the positions under Judiciary
Committee jurisdiction, there are other committee jurisdiction
positions in this legislation that I have a problem relinquishing my
ability to review.
The bottom line is that S. 679 would hamper the Senate's ability to
conduct effective oversight of the executive branch's programs. S. 679
would allow the Senate to relinquish its constitutional
responsibilities of advice and consent in filling Federal offices,
diminish the Senate's oversight duties, and make the executive branch
less transparent and accountable to the people. While a few positions
have been struck from the bill as reported out of Committee, like the
Assistant Attorney General for Legislative Affairs at the DOJ, the
other DOJ and ONDCP positions remain in the legislation and will now
not be required to undergo Senate review. For the reasons I have just
discussed, I will oppose this bill.
Mr. RUBIO. Madam President, at a time of staggering deficits,
dangerously high debt, and lagging economic growth, I oppose S. 679,
the Presidential Appointment Efficiency and Streamlining Act of 2011.
Our Nation is borrowing $4 billion a day with no end in sight and we
have already hit our $14.3 trillion statutory debt limit. Sadly, my
State of Florida struggles with a 10.6 percent unemployment rate, far
higher than the national average of 9.1 percent. At a time when
families and businesses are hurting, the Senate has not passed a budget
in over 790 days.
The Senate should be focused on legislation that cuts spending and
reduces our debt, saves entitlement programs for future generations,
reforms our complex Tax Code, and reduces the crushing weight of
Federal regulations on job creators. S. 679 does not accomplish any of
these goals, and I cannot support it as our Nation careens towards
bankruptcy and a diminished future.
Mr. LIEBERMAN. Madam President, we are on the verge of passing
legislation that will streamline the executive branch nominations
process and I want to congratulate the bill's authors--Senators Schumer
and Alexander--for their bipartisan accomplishment and thank them for
their hard work.
This bill--S. 679, The Presidential Appointment Efficiency and
Streamlining Act of 2011--removes about 170 non-policymaking positions
from the list of Presidential appointments requiring Senate
confirmation--plus over 2800 members of the Public Health Service and
National Oceanic and Atmospheric Administration, NOAA, Officer Corps,
whose appointments and promotions are also subject to the Senate's
advice and consent.
This is not as many positions as the bill first contemplated. But it
is a significant achievement nonetheless when you consider that the
work that goes into vetting nominees must be multiplied by four because
the White House, the Senate, the FBI and the Office of Government
Ethics, OGE, all have to conduct their own thorough background
investigations.
So by removing 170 positions we eliminate the need for 680 separate
background investigations.
This frees up the Senate, the White House, the FBI and OGE to focus
their efforts on vetting nominations for those critical positions where
policy is made. And that should help speed up the vetting and
confirmation process for these positions as well.
This act also establishes an executive branch working group to study
and report to the President and Congress on the best ways to streamline
all the paperwork nominees are required to fill out and consider
consolidating it under a single ``smart form.''
Most nominees submit to at least four reviews, each represented by a
separate packet of government forms, including a White House Personal
Data Statement, questionnaires from the FBI and the Office of
Government Ethics, and at least one questionnaire from the Senate
committee of jurisdiction.
A ``smart form'' would be an electronic system for collecting and
distributing background information for nominees requiring Senate
confirmation that a nominee would have to fill out just once and the
information would then be transferred to all the other relevant forms.
Before we vote, I wanted to stress the bipartisan nature of this
effort.
In January, Majority Leader Reid and Minority Leader McConnell
decided the nomination and confirmation process had become too slow and
cumbersome and that this posed a serious national and economic security
problem when crucial offices go unfilled for months and months.
They established a working group on executive nominations and
appointed Senators Schumer and Alexander--chairman and ranking member,
respectively, of the Rules Committee--to lead it.
Senator Collins and I are also part of that group as chairman and
ranking member of the Homeland Security and Governmental Affairs
Committee.
Senators Schumer and Alexander introduced their carefully crafted
legislation on March 30, with a bipartisan group of 15 cosponsors. And
on April 13 the Homeland Security and Governmental Affairs Committee,
on a bipartisan vote, reported the bill favorably to the Senate.
The bill was brought to the floor, debated and further changes made
in the spirit of compromise.
This is the Senate at its best. A problem was identified and both
sides of the aisle worked together to craft a solution.
I urge my colleagues to support this legislation so future
administrations will be able to get their teams in place more quickly
and the Senate can focus
[[Page S4178]]
its energy on the qualifications of just the most important executive
branch appointments as was intended by the Constitution.
Mr. ROCKEFELLER. Madam President, I want to express my strong support
for the managers' amendment to S. 679, the Presidential Appointment
Efficiency and Streamlining Act of 2011. I support this bill to make
the conformation process more efficient and more responsive because it
will enable many qualified individuals to take government positions
without first going through a sometimes long and arduous confirmation
process here in the Senate. I believe the confirmation process is an
important constitutional duty of the Senate. But it is simply not
needed for every position in the U.S. Government. Not every nominee
requires the same level of scrutiny and process.
The Founders understood this issue well, as the Constitution is
unusually precise in this regard. It specifically enables the Congress
to do what we are doing today--to vest the appointment power for
inferior officers with the President. And we are doing it because the
confirmation process has become so cumbersome that the Federal
Government is losing very able and attractive candidates. The
confirmation process can take months, from the time the President
submits a candidate's name to full consideration by the Senate. This
long, drawn-out process prevents the public sector from attracting some
of the best and brightest.
Although I have supported the goals of S. 679 since its introduction,
a few critical changes were necessary to strengthen the bill. I, as
well as several of my fellow committee chairs, shared these concerns
with the bill's sponsors.
I appreciate the sponsors working to address our concerns in the
managers' amendment. The amendment will still make the appointment
process more efficient by taking hundreds of positions out of the
confirmation process. But it will also maintain Senate confirmation for
some key positions. The amendment will ensure Senate confirmation is
required for the chief financial officer position in several agencies.
The CFO is a critical position, as I am constantly reminded in my own
interactions with one of the agencies in the Commerce Committee's
jurisdiction in recent months. The managers' amendment will also retain
confirmation for the Assistant Secretaries for Legislative Affairs, who
are critical in working with Congress.
I congratulate Senators Schumer, Alexander, Lieberman, and Collins,
and their staffs for their hard work on this important bill. We would
not be here today without their efforts.
The ACTING PRESIDENT pro tempore. The question is on the engrossment
and third reading of the bill.
The bill was ordered to be engrossed for a third reading and was read
the third time.
Mr. LIEBERMAN. Madam President, this will be on final passage. I ask
for the yeas and nays.
The ACTING PRESIDENT pro tempore. Is there a sufficient second? There
appears to be a sufficient second.
The bill having been read the third time, the question is, shall it
pass?
The clerk will call the roll.
The bill clerk called the roll.
Mr. DURBIN. I announce that the Senator from New Mexico (Mr. Udall)
is necessarily absent.
I further announce that, if present and voting, the Senator from New
Mexico (Mr. Udall) would vote ``nay.''
The PRESIDING OFFICER (Mr. Franken). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 79, nays 20, as follows:
[Rollcall Vote No. 101 Leg.]
YEAS--79
Akaka
Alexander
Barrasso
Baucus
Begich
Bennet
Bingaman
Blumenthal
Blunt
Boxer
Brown (MA)
Brown (OH)
Cantwell
Cardin
Carper
Casey
Cochran
Collins
Conrad
Coons
Corker
Cornyn
Durbin
Enzi
Feinstein
Franken
Gillibrand
Graham
Hagan
Harkin
Hoeven
Hutchison
Inouye
Johanns
Johnson (SD)
Kerry
Kirk
Klobuchar
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lugar
Manchin
McCain
McCaskill
McConnell
Menendez
Merkley
Mikulski
Murkowski
Murray
Nelson (NE)
Nelson (FL)
Portman
Pryor
Reed
Reid
Roberts
Rockefeller
Sanders
Schumer
Sessions
Shaheen
Shelby
Snowe
Stabenow
Tester
Thune
Toomey
Udall (CO)
Warner
Webb
Whitehouse
Wicker
Wyden
NAYS--20
Ayotte
Boozman
Burr
Chambliss
Coats
Coburn
Crapo
DeMint
Grassley
Hatch
Heller
Inhofe
Isakson
Johnson (WI)
Lee
Moran
Paul
Risch
Rubio
Vitter
NOT VOTING--1
Udall (NM)
The PRESIDING OFFICER. On this vote, the yeas are 79, the nays are
20.
Under the previous order requiring 60 votes for passage, the bill, as
amended, is passed.
Mr. BOOZMAN. Mr. President, I move to reconsider the vote, and I move
to lay that motion on the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 679), as amended, was passed, as follows:
S. 679
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Appointment
Efficiency and Streamlining Act of 2011''.
SEC. 2. PRESIDENTIAL APPOINTMENTS NOT SUBJECT TO SENATE
APPROVAL.
(a) Agriculture.--
(1) Assistant secretary of agriculture for
administration.--Section 218(b) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6918(b)) is
amended--
(A) by striking ``subsection (a)'' and inserting
``paragraph (1) or (3) of subsection (a)'';
(B) by striking subsection (c); and
(C) by redesignating subsection (d) as subsection (c).
(2) Rural utilities service administrator.--Section
232(b)(1) of the Department of Agriculture Reorganization Act
of 1994 (7 U.S.C. 6942(b)(1)) is amended--
(A) by striking ``, by and with the advice and consent of
the Senate'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph (2).
(3) Commodity credit corporation.--Section 9(a) of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714g(a))
is amended in the third sentence by striking ``by and with
the advice and consent of the Senate''.
(b) Commerce.--
(1) Chief scientist; national oceanic and atmospheric
administration.--Section 2(d) of Reorganization Plan No. 4 of
1970 (5 U.S.C. App. 1) is amended by striking ``, by and with
the advice and consent of the Senate,''.
(c) Department of Defense.--
(1) Assistant secretaries of defense.--
(A) In general.--Section 138(a)(1) of title 10, United
States Code, is amended by striking ``16'' and inserting
``14''.
(B) Administration of reduction.--The Assistant Secretary
of Defense positions eliminated in accordance with the
reduction in numbers required by the amendment made by
subparagraph (A) shall be--
(i) the Assistant Secretary of Defense for Networks and
Information Integration; and
(ii) the Assistant Secretary of Defense for Public Affairs.
(C) Continued service of incumbents.--Notwithstanding the
requirements of this paragraph, any individual serving in a
position described under subparagraph (B) on the date of the
enactment of this Act may continue to serve in such position
without regard to the limitation imposed by the amendment in
subparagraph (A).
(D) Plan for successor positions.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall report to the congressional defense committees
on his plan for successor positions, not subject to Senate
confirmation, for the positions eliminated in accordance with
the requirements of this paragraph.
(2) Members of national security education board.--Section
803(b)(7) of the David L. Boren National Security Education
Act of 1991 (50 U.S.C. 1903(b)(7)) is amended by striking
``by and with the advice and consent of the Senate,''.
(3) Director of selective service.--Section 10(a)(3) of the
Selective Service Act of 1948 (50 U.S.C. App. 460(a)(3)) is
amended by striking ``, by and with the advice and consent of
the Senate''.
(d) Department of Education.--
(1) Assistant secretary for management.--Section 202(e) of
the Department of Education Organization Act (20 U.S.C.
3412(e)) is amended by inserting after the first sentence the
following: ``Notwithstanding the previous sentence, the
appointments of individuals to serve as the Assistant
Secretary for Management shall not be subject to the advice
and consent of the Senate.''.
(2) Commissioner, education statistics.--Section 117(b) of
the Education Sciences Reform Act of 2002 (20 U.S.C. 9517(b))
is amended by striking ``, by and with the advice and consent
of the Senate,''.
[[Page S4179]]
(e) Department of Health and Human Services.--
(1) Assistant secretary for public affairs.--
Notwithstanding any other provision of law, the appointment
of an individual to serve as the Assistant Secretary for
Public Affairs within the Department of Health and Human
Services shall not be subject to the advice and consent of
the Senate.
(f) Department of Homeland Security.--
(1) Director of the office for domestic preparedness;
assistant administrator of the federal emergency management
agency, grant programs.--Section 430(b) of the Homeland
Security Act of 2002 (6 U.S.C. 238(b)) is amended by striking
``, by and with the advice and consent of the Senate''.
(2) Administrator of the united states fire
administration.--Section 5(b) of the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2204(b)) is amended by
striking ``, by and with the advice and consent of the
Senate,''.
(3) Director of the office of counternarcotics
enforcement.--Section 878(a) of the Homeland Security Act of
2002 (6 U.S.C. 458(a)) is amended by striking ``, by and with
the advice and consent of the Senate''.
(4) Chief medical officer.--Section 516(a) of the Homeland
Security Act of 2002 (6 U.S.C. 321e(a)) is amended by
striking ``, by and with the advice and consent of the
Senate''.
(5) Assistant secretaries.--Section 103(a) of the Homeland
Security Act of 2002 (6 U.S.C. 113(a) is amended--
(A) by striking ``There'' and inserting ``(1) In general.--
Except as provided under paragraph (2), there'';
(B) by redesignating paragraphs (1) through (10) as
subparagraphs (A) through (J), respectively; and
(C) by adding at the end the following:
``(2) Assistant secretaries.--If any of the Assistant
Secretaries referred to under paragraph (1)(I) is designated
to be the Assistant Secretary for Health Affairs, the
Assistant Secretary for Legislative Affairs, or the Assistant
Secretary for Public Affairs, that Assistant Secretary shall
be appointed by the President without the advice and consent
of the Senate.''.
(g) Housing and Urban Development; Assistant Secretary for
Public Affairs.--Section 4(a) of the Department of Housing
and Urban Development Act (42 U.S.C. 3533(a)) is amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) by striking ``eight'' and inserting ``7''; and
(3) by adding at the end the following:
``(2) There shall be in the Department an Assistant
Secretary for Public Affairs, who shall be appointed by the
President and shall perform such functions, powers, and
duties as the Secretary shall prescribe from time to time.''.
(h) Department of Justice.--
(1) Director, bureau of justice statistics.--Section 302(b)
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3732(b)) is amended by striking ``, by and
with the advice and consent of the Senate''.
(2) Director, bureau of justice assistance.--Section 401(b)
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3741(b)) is amended by striking ``, by and
with the advice and consent of the Senate''.
(3) Director, national institute of justice.--Section
202(b) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3722(b)) is amended by
striking ``, by and with the advice and consent of the
Senate''.
(4) Administrator, office of juvenile justice and
delinquency prevention.--Section 201(b) of the Juvenile
Justice and Delinquency Prevention Act of 1974 (42 U.S.C.
5611(b)) is amended by striking ``, by and with the advice
and consent of the Senate,''.
(5) Director, office for victims of crime.--Section 1411(b)
of the Victims of Crime Act of 1984 (42 U.S.C. 10605(b)) is
amended by striking ``, by and with the advice and consent of
the Senate''.
(i) Department of Labor.--
(1) Assistant secretaries for administration and management
and public affairs.--Notwithstanding section 2 of the Act of
April 17, 1946 (29 U.S.C. 553), the appointment of
individuals to serve as the Assistant Secretary for
Administration and Management and the Assistant Secretary for
Public Affairs within the Department of Labor, shall not be
subject to the advice and consent of the Senate.
(2) Director of the women's bureau.--Section 2 of the Act
of June 5, 1920 (29 U.S.C. 12) is amended by striking ``, by
and with the advice and consent of the Senate''.
(j) Department of State; Assistant Secretary for Public
Affairs and Assistant Secretary for Administration.--Section
1(c)(1) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2651a(c)(1)) is amended--
(1) by striking ``, each of whom shall be appointed by the
President, by and with the advice and consent of the Senate,
and''; and
(2) by adding at the end the following: ``Each Assistant
Secretary of State shall be appointed by the President, by
and with the advice and consent of the Senate, except that
the appointments of the Assistant Secretary for Public
Affairs and the Assistant Secretary for Administration shall
not be subject to the advice and consent of the Senate.''.
(k) Department of Transportation.--
(1) Assistant secretaries.--Section 102(e) of title 49,
United States Code, is amended--
(A) by striking ``(e) The Department'' and all that follows
through ``An Assistant Secretary'' and inserting the
following:
``(e) Assistant Secretaries; General Counsel.--
``(1) Appointment.--The Department has 5 Assistant
Secretaries and a General Counsel, including--
``(A) an Assistant Secretary for Aviation and International
Affairs, an Assistant Secretary for Governmental Affairs, and
an Assistant Secretary for Transportation Policy, who shall
each be appointed by the President, with the advice and
consent of the Senate;
``(B) an Assistant Secretary for Budget and Programs who
shall be appointed by the President;
``(C) an Assistant Secretary for Administration, who shall
be appointed by the Secretary, with the approval of the
President; and
``(D) a General Counsel, who shall be appointed by the
President, with the advice and consent of the Senate.
``(2) Duties and powers.--The officers set forth in
paragraph (1) shall carry out duties and powers prescribed by
the Secretary. An Assistant Secretary''.
(2) Deputy administrator, federal aviation
administration.--Section 106 of title 49, United States Code,
is amended--
(A) in subsection (b), by striking ``. The Administration
has a Deputy Administrator. They are appointed'' and
inserting ``, who shall be appointed''; and
(B) in subsection (d)(1), by striking ``The Deputy
Administrator must'' and inserting ``The Administration has a
Deputy Administrator, who shall be appointed by the
President. In making an appointment, the President shall
consider the fitness of the appointee to efficiently carry
out the duties and powers of the office. The Deputy
Administrator shall''.
(l) Department of the Treasury.--
(1) Assistant secretaries for public affairs and
management.--Section 301(e) of title 31, United States Code,
is amended--
(A) by striking ``10 Assistant Secretaries'' and inserting
``8 Assistant Secretaries''; and
(B) by inserting ``The Department shall have 2 Assistant
Secretaries not subject to the advice and consent of the
Senate who shall be the Assistant Secretary for Public
Affairs, and the Assistant Secretary for Management.'' after
the first sentence.
(2) Treasurer of the united states.--Section 301(d) of
title 31, United States Code, is amended--
(A) by striking ``2 Deputy Under Secretaries, and a
Treasurer of the United States'' and inserting ``and 2 Deputy
Under Secretaries'', and
(B) by inserting ``and a Treasurer of the United States
appointed by the President'' after ``Fiscal Assistant
Secretary appointed by the Secretary''.
(m) Department of Veterans Affairs.--Section 308(a) of
title 38, United States Code, is amended--
(1) by striking ``There shall'' and inserting ``(1) There
shall'';
(2) in paragraph (1), as designated by paragraph (1) of
this subsection, by striking ``Each Assistant'' and all that
follows through the period at the end; and
(3) by adding at the end the following new paragraphs:
``(2) Except as provided in paragraph (3), each Assistant
Secretary appointed under paragraph (1) shall be appointed by
the President, by and with the advice and consent of the
Senate.
``(3) The following Assistant Secretaries may be appointed
without the advice and consent of the Senate:
``(A) The Assistant Secretary for Management.
``(B) The Assistant Secretary for Human Resources and
Administration.
``(C) The Assistant Secretary for Public and
Intergovernmental Affairs.
``(D) The Assistant Secretary for Operations, Security, and
Preparedness.''.
(n) Appalachian Regional Commission; Alternate Federal Co-
Chairman.--Section 14301(b)(2) of title 40, United States
Code, is amended by striking ``by and with the advice and
consent of the Senate''.
(o) Council of Economic Advisers, Members.--Section 10 of
the Employment Act of 1946 (15 U.S.C. 1023) is amended by
striking subsection (a) and inserting the following:
``(a) Creation; Composition; Qualifications; Chairman and
Vice Chairman.--
``(1) Creation.--There is created in the Executive Office
of the President a Council of Economic Advisers (hereinafter
called the `Council').
``(2) Composition.--The Council shall be composed of three
members, of whom--
``(A) 1 shall be the chairman who shall be appointed by the
President by and with the advice and consent of the Senate;
and
``(B) 2 shall be appointed by the President.
``(3) Qualifications.--Each member shall be a person who,
as a result of training, experience, and attainments, is
exceptionally qualified to analyze and interpret economic
developments, to appraise programs and activities of the
Government in the light of the policy declared in section 2,
and to formulate and recommend national economic policy to
promote full employment, production, and purchasing power
under free competitive enterprise.
``(4) Vice chairman.--The President shall designate 1 of
the members of the Council as vice chairman, who shall act as
chairman in the absence of the chairman.''.
[[Page S4180]]
(p) Corporation for National and Community Service;
Managing Director.--Section 194(a)(1) of the National and
Community Service Act of 1990 (42 U.S.C. 12651e(a)(1)) is
amended by striking ``, by and with the advice and consent of
the Senate''.
(q) National Council on Disability Members.--Section
400(a)(1)(A) of the Rehabilitation Act of 1973 (29 U.S.C.
780(a)(1)(A)) is amended by striking ``, by and with the
advice and consent of the Senate''.
(r) National Foundation on the Arts and the Humanities;
National Museum and Library Services Board; Members.--Section
207(b)(1) of the Museum and Library Services Act (20 U.S.C.
9105a(b)(1)) is amended--
(1) in subparagraph (D), by striking ``, by and with the
advice and consent of the Senate''; and
(2) in subparagraph (E), by striking ``, by and with the
advice and consent of the Senate''.
(s) National Science Foundation; Board Members.--Section
4(a) of the National Science Foundation Act of 1950 (42
U.S.C. 1863(a)) is amended by striking ``, by and with the
advice and consent of the Senate,''.
(t) Office of National Drug Control Policy; Deputy
Directors.--Section 704(a)(1) of the Office of National Drug
Control Policy Reauthorization Act of 1998 (21 U.S.C.
1703(a)(1)) is amended to read as follows:
``(1) In general.--
``(A) Director.--The Director shall be appointed by the
President, by and with the advice and consent of the Senate,
and shall serve at the pleasure of the President.
``(B) Deputy directors.--The Deputy Director of National
Drug Control Policy, Deputy Director for Demand Reduction,
the Deputy Director for Supply Reduction, and the Deputy
Director for State, Local, and Tribal Affairs shall each be
appointed by the President and serve at the pleasure of the
President.
``(C) Deputy director for demand reduction.--In appointing
the Deputy Director for Demand Reduction under this
paragraph, the President shall take into consideration the
scientific, educational, or professional background of the
individual, and whether the individual has experience in the
fields of substance abuse prevention, education, or
treatment.''.
(u) Office of Navajo and Hopi Relocation; Commissioner.--
Section 12(b)(1) of Public Law 93-531 (25 U.S.C. 640d-
11(b)(1)) is amended by striking ``by and with the advice and
consent of the Senate''.
(v) United States Agency for International Development.--
(1) Assistant administrator for management.--
Notwithstanding section 624(a) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2384(a)), the appointment by the President
of the Assistant Administrator for Management at the United
States Agency for International Development shall not be
subject to the advice and consent of the Senate.
(w) Community Development Financial Institution Fund;
Administrator.--Section 104(b)(1) of the Community
Development Banking and Financial Institutions Act of 1994
(12 U.S.C. 4703(b)(1)) is amended by striking ``, by and with
the advice and consent of the Senate''.
(x) Department of Transportation; St. Lawrence Seaway
Development Corporation; Administrator.--Subsection (a) of
section 2 of the Act of May 13, 1954, referred to as the
Saint Lawrence Seaway Act (33 U.S.C. 982(a)) is amended by
striking ``, by and with the advice and consent of the
Senate, for a term of seven years''.
(y) Mississippi River Commission; Commissioner.--Section 2
of the Act of June 28, 1879 (33 U.S.C. 642), is amended in
the first sentence by striking ``, by and with the advice and
consent of the Senate,''.
(z) Governor and Alternate Governor of the African
Development Bank.--
(1) In general.--Section 1333 of the African Development
Bank Act (22 U.S.C. 290i-1) is amended--
(A) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(B) by striking ``(a) The President'' and all that follows
through ``The term of office'' and inserting the following:
``(a) The President shall appoint a Governor and an
Alternate Governor of the Bank--
``(1) by and with the advice and consent of the Senate; or
``(2) from among individuals serving as officials required
by law to be appointed by and with the advice and consent of
the Senate.
``(b) The term of office''.
(2) Conforming amendments.--Section 1334 of such Act (22
U.S.C. 290i-2) is amended--
(A) by striking ``The Director or Alternate Director'' and
inserting the following:
``(b) The Director or Alternate Director''; and
(B) by inserting before subsection (b), as redesignated,
the following:
``(a) The President, by and with the advice and consent of
the Senate, shall appoint a Director of the Bank.''.
(aa) Governor and Alternate Governor of the Asian
Development Bank.--Section 3(a) of the Asian Development Bank
Act (22 U.S.C. 285a(a)) is amended to read as follows:
``(a) The President shall appoint--
``(1) a Governor of the Bank and an alternate for the
Governor--
``(A) by and with the advice and consent of the Senate; or
``(B) from among individuals serving as officials required
by law to be appointed by and with the advice and consent of
the Senate; and
``(2) a Director of the Bank, by and with the advice and
consent of the Senate.''.
(bb) Governor and Alternate Governor of the African
Development Fund.--Section 203(a) of the African Development
Fund Act (22 U.S.C. 290g-1(a)) is amended to read as follows:
``(a) The President shall appoint a Governor, and an
Alternate Governor, of the Fund--
``(1) by and with the advice and consent of the Senate; or
``(2) from among individuals serving as officials required
by law to be appointed by and with the advice and consent of
the Senate.''.
(cc) National Board for Education Sciences; Members.--
Section 116(c)(1) of the Education Sciences Reform Act of
2002 (20 U.S.C. 9516(c)(1)) is amended by striking ``, by and
with the advice and consent of the Senate''.
(dd) National Institute for Literacy Advisory Board;
Members.--Section 242(e)(1)(A) of the Adult Education and
Family Literacy Act (20 U.S.C. 9252(e)(1)(A)) is amended by
striking ``with the advice and consent of the Senate''.
(ee) Institute of American Indian and Alaska Native Culture
and Arts Development; Member, Board of Trustees.--Section
1505 of the American Indian, Alaska Native, and Native
Hawaiian Culture and Art Development Act (20 U.S.C.
4412(a)(1)(A)) is amended by striking ``by and with the
advice and consent of the Senate''.
(ff) Public Health Service Commissioned Officer Corps.--
(1) Appointment.--Section 203(a)(3) of the Public Health
Service Act (42 U.S.C. 204(a)(3)) is amended by striking
``with the advice and consent of the Senate''.
(2) Promotions.--Section 210(a) of the Public Health
Service Act (42 U.S.C. 211(a)) is amended by striking ``, by
and with the advice and consent of the Senate''.
(gg) National Oceanic and Atmospheric Administration
Commissioned Officer Corps.--
(1) Appointments and promotions to permanent grades.--
Section 226 of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33
U.S.C. 3026) is amended by striking ``, by and with the
advice and consent of the Senate''.
(2) Positions of importance and responsibility.--Section
228(d)(1) of such Act (33 U.S.C. 3028(d)(1)) is amended by
striking ``, by and with the advice and consent of the
Senate''.
(3) Temporary appointments and promotions generally.--
Section 229 of such Act (33 U.S.C. 3029) is amended--
(A) by striking ``alone'' each place it appears; and
(B) in subsection (a), in the second sentence, by striking
``unless the Senate sooner gives its advice and consent to
the appointment''.
(hh) Rule of Construction.--Notwithstanding section
3132(a)(2) of title 5, United States Code, removal of Senate
confirmation for any position in this section shall not--
(1) result in any such position being placed in the Senior
Executive Service; or
(2) alter compensation for any such position under the
Executive Schedule or other applicable compensation
provisions of law.
SEC. 3. APPOINTMENT OF THE DIRECTOR OF THE CENSUS.
(a) In General.--Section 21 of the title 13, United States
Code, is amended to read as follows:
``Sec. 21. Director of the Census; duties
``(a) Appointment.--
``(1) In general.--The Bureau shall be headed by a Director
of the Census, appointed by the President, by and with the
advice and consent of the Senate, without regard to political
affiliation.
``(2) Qualifications.--Such appointment shall be made from
individuals who have a demonstrated ability in managing large
organizations and experience in the collection, analysis, and
use of statistical data.
``(b) Term of Office.--
``(1) In general.--The term of office of the Director shall
be 5 years, and shall begin on January 1, 2012, and every
fifth year thereafter. An individual may not serve more than
2 full terms as Director.
``(2) Vacancies.--Any individual appointed to fill a
vacancy in such position, occurring before the expiration of
the term for which such individual's predecessor was
appointed, shall be appointed for the remainder of that term.
The Director may serve after the end of the Director's term
until reappointed or until a successor has been appointed,
but in no event longer than 1 year after the end of such
term.
``(3) Removal.--An individual serving as Director may be
removed from office by the President. The President shall
communicate in writing the reasons for any such removal to
both Houses of Congress not later than 60 days before the
removal.
``(4) Personnel actions.--Except as provided under
paragraph (3), nothing in this subsection shall prohibit a
personnel action otherwise authorized by law with respect to
the Director of the Census, other than removal.
``(c) Duties.--The Director shall perform such duties as
may be imposed upon the Director by law, regulations, or
orders of the Secretary.''.
(b) Transition Rules.--
(1) Appointment of initial director.--The initial Director
of the Bureau of the Census shall be appointed in accordance
with the
[[Page S4181]]
provisions of section 21(a) of title 13, United States Code,
as amended by subsection (a).
(2) Interim role of current director of the census after
date of enactment.--If, as of January 1, 2012, the initial
Director of the Bureau of the Census has not taken office,
the officer serving on December 31, 2011, as Director of the
Census (or Acting Director of the Census, if applicable) in
the Department of Commerce--
(A) shall serve as the Director of the Bureau of the
Census; and
(B) shall assume the powers and duties of such Director for
one term beginning January 1, 2012, as described in section
21(b) of such title, as so amended.
(c) Technical and Conforming Amendments.--Not later than
January 1, 2012, the Secretary of Commerce, in consultation
with the Director of the Census, shall submit to each House
of the Congress draft legislation containing any technical
and conforming amendments to title 13, United States Code,
and any other provisions which may be necessary to carry out
the purposes of this section.
SEC. 4. WORKING GROUP ON STREAMLINING PAPERWORK FOR EXECUTIVE
NOMINATIONS.
(a) Establishment.--There is established the Working Group
on Streamlining Paperwork for Executive Nominations (in this
section referred to as the ``Working Group'').
(b) Membership.--
(1) Composition.--The Working Group shall be composed of--
(A) the chairperson who shall be--
(i) except as provided under clause (ii), the Director of
the Office of Presidential Personnel; or
(ii) a Federal officer designated by the President;
(B) representatives designated by the President from--
(i) the Office of Personnel Management;
(ii) the Office of Government Ethics; and
(iii) the Federal Bureau of Investigation; and
(C) individuals appointed by the chairperson of the Working
Group who have experience and expertise relating to the
Working Group, including--
(i) individuals from other relevant Federal agencies; and
(ii) individuals with relevant experience from previous
presidential administrations.
(c) Streamlining of Paperwork Required for Executive
Nominations.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Working Group shall conduct a
study and submit a report on the streamlining of paperwork
required for executive nominations to--
(A) the President;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(C) the Committee on Rules and Administration of the
Senate.
(2) Consultation with committees of the senate.--In
conducting the study under this section, the Working Group
shall consult with the chairperson and ranking member of the
committees referred to under paragraph (1) (B) and (C).
(3) Contents.--
(A) In general.--The report submitted under this section
shall include--
(i) recommendations for the streamlining of paperwork
required for executive nominations; and
(ii) a detailed plan for the creation and implementation of
an electronic system for collecting and distributing
background information from potential and actual Presidential
nominees for positions which require appointment by and with
the advice and consent of the Senate.
(B) Electronic system.--The electronic system described
under subparagraph (A)(ii) shall--
(i) provide for--
(I) less burden on potential nominees for positions which
require appointment by and with the advice and consent of the
Senate;
(II) faster delivery of background information to Congress,
the White House, the Federal Bureau of Investigation,
Diplomatic Security, and the Office of Government Ethics; and
(III) fewer errors of omission; and
(ii) ensure the existence and operation of a single,
searchable form which shall be known as a ``Smart Form'' and
shall--
(I) be free to a nominee and easy to use;
(II) make it possible for the nominee to answer all vetting
questions one way, at a single time;
(III) secure the information provided by a nominee;
(IV) allow for multiple submissions over time, but always
in the format requested by the vetting agency or entity;
(V) be compatible across different computer platforms;
(VI) make it possible to easily add, modify, or subtract
vetting questions;
(VII) allow error checking; and
(VIII) allow the user to track the progress of a nominee in
providing the required information.
(d) Review of Background Investigation Requirements.--
(1) In general.--The Working Group shall conduct a review
of the impact of background investigation requirements on the
appointments process.
(2) Conduct of review.--In conducting the review, the
Working Group shall--
(A) assess the feasibility of using personnel other than
Federal Bureau of Investigation personnel, in appropriate
circumstances, to conduct background investigations of
individuals under consideration for positions appointed by
the President, by and with the advice and consent of the
Senate; and
(B) consider the extent to which the scope of the
background investigation conducted for an individual under
consideration for a position appointed by the President, by
and with the advice and consent of the Senate, should be
varied depending on the nature of the position for which the
individual is being considered.
(3) Report.--Not later than 270 days after the date of
enactment of this Act, the Working Group shall submit a
report of the findings of the review under this subsection
to--
(A) the President;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(C) the Committee on Rules and Administration of the
Senate.
(e) Personnel Matters.--
(1) Compensation of members.--
(A) Federal officers and employees.--Each member of the
Working Group who is a Federal officer or employee shall
serve without compensation in addition to that received for
their services as a Federal officer or employee.
(B) Members not federal officers and employees.--Each
member of the Working Group who is not a Federal officer or
employee shall not be compensated for services performed for
the Working Group.
(2) Travel expenses.--The members of the Working Group
shall be allowed travel expenses, including per diem in lieu
of subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Working
Group.
(3) Staff.--
(A) In general.--The President may designate Federal
officers and employees to provide support services for the
Working Group.
(B) Detail of federal employees.--Any Federal employee may
be detailed to the Working Group without reimbursement, and
such detail shall be without interruption or loss of civil
service status or privilege.
(f) Non-Applicability of Federal Advisory Committee Act.--
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Working Group established under this section.
(g) Termination of the Working Group.--The Working Group
shall terminate 60 days after the date on which the Working
Group submits the latter of the 2 reports under this section.
SEC. 5. REPORT ON PRESIDENTIALLY APPOINTED POSITIONS.
(a) Definitions.--In this section--
(1) the term ``agency'' means an Executive agency defined
under section 105 of title 5, United States Code; and
(2) the term ``covered position'' means a position in an
agency that requires appointment by the President without the
advice and consent of the Senate.
(b) In General.--Not later than 180 days after the date of
enactment of this Act, the Government Accountability Office
shall conduct a study and submit a report on covered
positions to Congress and the President.
(c) Contents.--The report submitted under this section
shall include--
(1) a determination of the number of covered positions in
each agency;
(2) an evaluation of whether maintaining the total number
of covered positions is necessary;
(3) an evaluation of the benefits and disadvantages of--
(A) eliminating certain covered positions;
(B) converting certain covered positions to career
positions or positions in the Senior Executive Service that
are not career reserved positions; and
(C) converting any categories of covered positions to
career positions;
(4) the identification of--
(A) covered positions described under paragraph (3)(A) and
(B); and
(B) categories of covered positions described under
paragraph (3)(C); and
(5) any other recommendations relating to covered
positions.
SEC. 6. EFFECTIVE DATE.
(a) Presidential Appointments Not Subject to Senate
Approval.--The amendments made by section 2 shall take effect
60 days after the date of enactment of this Act and apply to
appointments made on and after that effective date, including
any nomination pending in the Senate on that date.
(b) Director of the Census and Working Group.--The
provisions of sections 3 and 4 (including any amendments made
by those sections) shall take effect on the date of enactment
of this Act.
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