[Congressional Record Volume 158, Number 115 (Tuesday, July 31, 2012)]
[House]
[Pages H5405-H5410]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PRESIDENTIAL APPOINTMENT EFFICIENCY AND STREAMLINING ACT OF 2011
Mr. CHAFFETZ. Mr. Speaker, I move to suspend the rules and pass the
bill (S. 679) to reduce the number of executive positions subject to
Senate confirmation.
The Clerk read the title of the bill.
The text of the bill is 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,''.
(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
[[Page H5406]]
Secretary for Administration.--Section 1(c)(1) of the State
Department Basic Authorities Act of 1956 (22 U.S.C.
2651a(c)(1)) is amended--
(1) by striking ``, each of whom shall be appointed by the
President, by and with the advice and consent of the Senate,
and''; and
(2) by adding at the end the following: ``Each Assistant
Secretary of State shall be appointed by the President, by
and with the advice and consent of the Senate, except that
the appointments of the Assistant Secretary for Public
Affairs and the Assistant Secretary for Administration shall
not be subject to the advice and consent of the Senate.''.
(k) Department of Transportation.--
(1) Assistant secretaries.--Section 102(e) of title 49,
United States Code, is amended--
(A) by striking ``(e) The Department'' and all that follows
through ``An Assistant Secretary'' and inserting the
following:
``(e) Assistant Secretaries; General Counsel.--
``(1) Appointment.--The Department has 5 Assistant
Secretaries and a General Counsel, including--
``(A) an Assistant Secretary for Aviation and International
Affairs, an Assistant Secretary for Governmental Affairs, and
an Assistant Secretary for Transportation Policy, who shall
each be appointed by the President, with the advice and
consent of the Senate;
``(B) an Assistant Secretary for Budget and Programs who
shall be appointed by the President;
``(C) an Assistant Secretary for Administration, who shall
be appointed by the Secretary, with the approval of the
President; and
``(D) a General Counsel, who shall be appointed by the
President, with the advice and consent of the Senate.
``(2) Duties and powers.--The officers set forth in
paragraph (1) shall carry out duties and powers prescribed by
the Secretary. An Assistant Secretary''.
(2) Deputy administrator, federal aviation
administration.--Section 106 of title 49, United States Code,
is amended--
(A) in subsection (b), by striking ``. The Administration
has a Deputy Administrator. They are appointed'' and
inserting ``, who shall be appointed''; and
(B) in subsection (d)(1), by striking ``The Deputy
Administrator must'' and inserting ``The Administration has a
Deputy Administrator, who shall be appointed by the
President. In making an appointment, the President shall
consider the fitness of the appointee to efficiently carry
out the duties and powers of the office. The Deputy
Administrator shall''.
(l) Department of the Treasury.--
(1) Assistant secretaries for public affairs and
management.--Section 301(e) of title 31, United States Code,
is amended--
(A) by striking ``10 Assistant Secretaries'' and inserting
``8 Assistant Secretaries''; and
(B) by inserting ``The Department shall have 2 Assistant
Secretaries not subject to the advice and consent of the
Senate who shall be the Assistant Secretary for Public
Affairs, and the Assistant Secretary for Management.'' after
the first sentence.
(2) Treasurer of the united states.--Section 301(d) of
title 31, United States Code, is amended--
(A) by striking ``2 Deputy Under Secretaries, and a
Treasurer of the United States'' and inserting ``and 2 Deputy
Under Secretaries'', and
(B) by inserting ``and a Treasurer of the United States
appointed by the President'' after ``Fiscal Assistant
Secretary appointed by the Secretary''.
(m) Department of Veterans Affairs.--Section 308(a) of
title 38, United States Code, is amended--
(1) by striking ``There shall'' and inserting ``(1) There
shall'';
(2) in paragraph (1), as designated by paragraph (1) of
this subsection, by striking ``Each Assistant'' and all that
follows through the period at the end; and
(3) by adding at the end the following new paragraphs:
``(2) Except as provided in paragraph (3), each Assistant
Secretary appointed under paragraph (1) shall be appointed by
the President, by and with the advice and consent of the
Senate.
``(3) The following Assistant Secretaries may be appointed
without the advice and consent of the Senate:
``(A) The Assistant Secretary for Management.
``(B) The Assistant Secretary for Human Resources and
Administration.
``(C) The Assistant Secretary for Public and
Intergovernmental Affairs.
``(D) The Assistant Secretary for Operations, Security, and
Preparedness.''.
(n) Appalachian Regional Commission; Alternate Federal Co-
Chairman.--Section 14301(b)(2) of title 40, United States
Code, is amended by striking ``by and with the advice and
consent of the Senate''.
(o) Council of Economic Advisers, Members.--Section 10 of
the Employment Act of 1946 (15 U.S.C. 1023) is amended by
striking subsection (a) and inserting the following:
``(a) Creation; Composition; Qualifications; Chairman and
Vice Chairman.--
``(1) Creation.--There is created in the Executive Office
of the President a Council of Economic Advisers (hereinafter
called the `Council').
``(2) Composition.--The Council shall be composed of three
members, of whom--
``(A) 1 shall be the chairman who shall be appointed by the
President by and with the advice and consent of the Senate;
and
``(B) 2 shall be appointed by the President.
``(3) Qualifications.--Each member shall be a person who,
as a result of training, experience, and attainments, is
exceptionally qualified to analyze and interpret economic
developments, to appraise programs and activities of the
Government in the light of the policy declared in section 2,
and to formulate and recommend national economic policy to
promote full employment, production, and purchasing power
under free competitive enterprise.
``(4) Vice chairman.--The President shall designate 1 of
the members of the Council as vice chairman, who shall act as
chairman in the absence of the chairman.''.
(p) Corporation for National and Community Service;
Managing Director.--Section 194(a)(1) of the National and
Community Service Act of 1990 (42 U.S.C. 12651e(a)(1)) is
amended by striking ``, by and with the advice and consent of
the Senate''.
(q) National Council on Disability Members.--Section
400(a)(1)(A) of the Rehabilitation Act of 1973 (29 U.S.C.
780(a)(1)(A)) is amended by striking ``, by and with the
advice and consent of the Senate''.
(r) National Foundation on the Arts and the Humanities;
National Museum and Library Services Board; Members.--Section
207(b)(1) of the Museum and Library Services Act (20 U.S.C.
9105a(b)(1)) is amended--
(1) in subparagraph (D), by striking ``, by and with the
advice and consent of the Senate''; and
(2) in subparagraph (E), by striking ``, by and with the
advice and consent of the Senate''.
(s) National Science Foundation; Board Members.--Section
4(a) of the National Science Foundation Act of 1950 (42
U.S.C. 1863(a)) is amended by striking ``, by and with the
advice and consent of the Senate,''.
(t) Office of National Drug Control Policy; Deputy
Directors.--Section 704(a)(1) of the Office of National Drug
Control Policy Reauthorization Act of 1998 (21 U.S.C.
1703(a)(1)) is amended to read as follows:
``(1) In general.--
``(A) Director.--The Director shall be appointed by the
President, by and with the advice and consent of the Senate,
and shall serve at the pleasure of the President.
``(B) Deputy directors.--The Deputy Director of National
Drug Control Policy, Deputy Director for Demand Reduction,
the Deputy Director for Supply Reduction, and the Deputy
Director for State, Local, and Tribal Affairs shall each be
appointed by the President and serve at the pleasure of the
President.
``(C) Deputy director for demand reduction.--In appointing
the Deputy Director for Demand Reduction under this
paragraph, the President shall take into consideration the
scientific, educational, or professional background of the
individual, and whether the individual has experience in the
fields of substance abuse prevention, education, or
treatment.''.
(u) Office of Navajo and Hopi Relocation; Commissioner.--
Section 12(b)(1) of Public Law 93-531 (25 U.S.C. 640d-
11(b)(1)) is amended by striking ``by and with the advice and
consent of the Senate''.
(v) United States Agency for International Development.--
(1) Assistant administrator for management.--
Notwithstanding section 624(a) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2384(a)), the appointment by the President
of the Assistant Administrator for Management at the United
States Agency for International Development shall not be
subject to the advice and consent of the Senate.
(w) Community Development Financial Institution Fund;
Administrator.--Section 104(b)(1) of the Community
Development Banking and Financial Institutions Act of 1994
(12 U.S.C. 4703(b)(1)) is amended by striking ``, by and with
the advice and consent of the Senate''.
(x) Department of Transportation; St. Lawrence Seaway
Development Corporation; Administrator.--Subsection (a) of
section 2 of the Act of May 13, 1954, referred to as the
Saint Lawrence Seaway Act (33 U.S.C. 982(a)) is amended by
striking ``, by and with the advice and consent of the
Senate, for a term of seven years''.
(y) Mississippi River Commission; Commissioner.--Section 2
of the Act of June 28, 1879 (33 U.S.C. 642), is amended in
the first sentence by striking ``, by and with the advice and
consent of the Senate,''.
(z) Governor and Alternate Governor of the African
Development Bank.--
(1) In general.--Section 1333 of the African Development
Bank Act (22 U.S.C. 290i-1) is amended--
(A) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(B) by striking ``(a) The President'' and all that follows
through ``The term of office'' and inserting the following:
``(a) The President shall appoint a Governor and an
Alternate Governor of the Bank--
``(1) by and with the advice and consent of the Senate; or
``(2) from among individuals serving as officials required
by law to be appointed by and with the advice and consent of
the Senate.
``(b) The term of office''.
(2) Conforming amendments.--Section 1334 of such Act (22
U.S.C. 290i-2) is amended--
(A) by striking ``The Director or Alternate Director'' and
inserting the following:
[[Page H5407]]
``(b) The Director or Alternate Director''; and
(B) by inserting before subsection (b), as redesignated,
the following:
``(a) The President, by and with the advice and consent of
the Senate, shall appoint a Director of the Bank.''.
(aa) Governor and Alternate Governor of the Asian
Development Bank.--Section 3(a) of the Asian Development Bank
Act (22 U.S.C. 285a(a)) is amended to read as follows:
``(a) The President shall appoint--
``(1) a Governor of the Bank and an alternate for the
Governor--
``(A) by and with the advice and consent of the Senate; or
``(B) from among individuals serving as officials required
by law to be appointed by and with the advice and consent of
the Senate; and
``(2) a Director of the Bank, by and with the advice and
consent of the Senate.''.
(bb) Governor and Alternate Governor of the African
Development Fund.--Section 203(a) of the African Development
Fund Act (22 U.S.C. 290g-1(a)) is amended to read as follows:
``(a) The President shall appoint a Governor, and an
Alternate Governor, of the Fund--
``(1) by and with the advice and consent of the Senate; or
``(2) from among individuals serving as officials required
by law to be appointed by and with the advice and consent of
the Senate.''.
(cc) National Board for Education Sciences; Members.--
Section 116(c)(1) of the Education Sciences Reform Act of
2002 (20 U.S.C. 9516(c)(1)) is amended by striking ``, by and
with the advice and consent of the Senate''.
(dd) National Institute for Literacy Advisory Board;
Members.--Section 242(e)(1)(A) of the Adult Education and
Family Literacy Act (20 U.S.C. 9252(e)(1)(A)) is amended by
striking ``with the advice and consent of the Senate''.
(ee) Institute of American Indian and Alaska Native Culture
and Arts Development; Member, Board of Trustees.--Section
1505 of the American Indian, Alaska Native, and Native
Hawaiian Culture and Art Development Act (20 U.S.C.
4412(a)(1)(A)) is amended by striking ``by and with the
advice and consent of the Senate''.
(ff) Public Health Service Commissioned Officer Corps.--
(1) Appointment.--Section 203(a)(3) of the Public Health
Service Act (42 U.S.C. 204(a)(3)) is amended by striking
``with the advice and consent of the Senate''.
(2) Promotions.--Section 210(a) of the Public Health
Service Act (42 U.S.C. 211(a)) is amended by striking ``, by
and with the advice and consent of the Senate''.
(gg) National Oceanic and Atmospheric Administration
Commissioned Officer Corps.--
(1) Appointments and promotions to permanent grades.--
Section 226 of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33
U.S.C. 3026) is amended by striking ``, by and with the
advice and consent of the Senate''.
(2) Positions of importance and responsibility.--Section
228(d)(1) of such Act (33 U.S.C. 3028(d)(1)) is amended by
striking ``, by and with the advice and consent of the
Senate''.
(3) Temporary appointments and promotions generally.--
Section 229 of such Act (33 U.S.C. 3029) is amended--
(A) by striking ``alone'' each place it appears; and
(B) in subsection (a), in the second sentence, by striking
``unless the Senate sooner gives its advice and consent to
the appointment''.
(hh) Rule of Construction.--Notwithstanding section
3132(a)(2) of title 5, United States Code, removal of Senate
confirmation for any position in this section shall not--
(1) result in any such position being placed in the Senior
Executive Service; or
(2) alter compensation for any such position under the
Executive Schedule or other applicable compensation
provisions of law.
SEC. 3. APPOINTMENT OF THE DIRECTOR OF THE CENSUS.
(a) In General.--Section 21 of the title 13, United States
Code, is amended to read as follows:
``Sec. 21. Director of the Census; duties
``(a) Appointment.--
``(1) In general.--The Bureau shall be headed by a Director
of the Census, appointed by the President, by and with the
advice and consent of the Senate, without regard to political
affiliation.
``(2) Qualifications.--Such appointment shall be made from
individuals who have a demonstrated ability in managing large
organizations and experience in the collection, analysis, and
use of statistical data.
``(b) Term of Office.--
``(1) In general.--The term of office of the Director shall
be 5 years, and shall begin on January 1, 2012, and every
fifth year thereafter. An individual may not serve more than
2 full terms as Director.
``(2) Vacancies.--Any individual appointed to fill a
vacancy in such position, occurring before the expiration of
the term for which such individual's predecessor was
appointed, shall be appointed for the remainder of that term.
The Director may serve after the end of the Director's term
until reappointed or until a successor has been appointed,
but in no event longer than 1 year after the end of such
term.
``(3) Removal.--An individual serving as Director may be
removed from office by the President. The President shall
communicate in writing the reasons for any such removal to
both Houses of Congress not later than 60 days before the
removal.
``(4) Personnel actions.--Except as provided under
paragraph (3), nothing in this subsection shall prohibit a
personnel action otherwise authorized by law with respect to
the Director of the Census, other than removal.
``(c) Duties.--The Director shall perform such duties as
may be imposed upon the Director by law, regulations, or
orders of the Secretary.''.
(b) Transition Rules.--
(1) Appointment of initial director.--The initial Director
of the Bureau of the Census shall be appointed in accordance
with the provisions of section 21(a) of title 13, United
States Code, as amended by subsection (a).
(2) Interim role of current director of the census after
date of enactment.--If, as of January 1, 2012, the initial
Director of the Bureau of the Census has not taken office,
the officer serving on December 31, 2011, as Director of the
Census (or Acting Director of the Census, if applicable) in
the Department of Commerce--
(A) shall serve as the Director of the Bureau of the
Census; and
(B) shall assume the powers and duties of such Director for
one term beginning January 1, 2012, as described in section
21(b) of such title, as so amended.
(c) Technical and Conforming Amendments.--Not later than
January 1, 2012, the Secretary of Commerce, in consultation
with the Director of the Census, shall submit to each House
of the Congress draft legislation containing any technical
and conforming amendments to title 13, United States Code,
and any other provisions which may be necessary to carry out
the purposes of this section.
SEC. 4. WORKING GROUP ON STREAMLINING PAPERWORK FOR EXECUTIVE
NOMINATIONS.
(a) Establishment.--There is established the Working Group
on Streamlining Paperwork for Executive Nominations (in this
section referred to as the ``Working Group'').
(b) Membership.--
(1) Composition.--The Working Group shall be composed of--
(A) the chairperson who shall be--
(i) except as provided under clause (ii), the Director of
the Office of Presidential Personnel; or
(ii) a Federal officer designated by the President;
(B) representatives designated by the President from--
(i) the Office of Personnel Management;
(ii) the Office of Government Ethics; and
(iii) the Federal Bureau of Investigation; and
(C) individuals appointed by the chairperson of the Working
Group who have experience and expertise relating to the
Working Group, including--
(i) individuals from other relevant Federal agencies; and
(ii) individuals with relevant experience from previous
presidential administrations.
(c) Streamlining of Paperwork Required for Executive
Nominations.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Working Group shall conduct a
study and submit a report on the streamlining of paperwork
required for executive nominations to--
(A) the President;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(C) the Committee on Rules and Administration of the
Senate.
(2) Consultation with committees of the senate.--In
conducting the study under this section, the Working Group
shall consult with the chairperson and ranking member of the
committees referred to under paragraph (1) (B) and (C).
(3) Contents.--
(A) In general.--The report submitted under this section
shall include--
(i) recommendations for the streamlining of paperwork
required for executive nominations; and
(ii) a detailed plan for the creation and implementation of
an electronic system for collecting and distributing
background information from potential and actual Presidential
nominees for positions which require appointment by and with
the advice and consent of the Senate.
(B) Electronic system.--The electronic system described
under subparagraph (A)(ii) shall--
(i) provide for--
(I) less burden on potential nominees for positions which
require appointment by and with the advice and consent of the
Senate;
(II) faster delivery of background information to Congress,
the White House, the Federal Bureau of Investigation,
Diplomatic Security, and the Office of Government Ethics; and
(III) fewer errors of omission; and
(ii) ensure the existence and operation of a single,
searchable form which shall be known as a ``Smart Form'' and
shall--
(I) be free to a nominee and easy to use;
(II) make it possible for the nominee to answer all vetting
questions one way, at a single time;
(III) secure the information provided by a nominee;
(IV) allow for multiple submissions over time, but always
in the format requested by the vetting agency or entity;
[[Page H5408]]
(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Chaffetz) and the gentlewoman from New York (Mrs. Maloney)
each will control 20 minutes.
The Chair recognizes the gentleman from Utah.
General Leave
Mr. CHAFFETZ. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and to include extraneous materials on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Utah?
There was no objection.
Mr. CHAFFETZ. I yield myself such time as I may consume.
The need for reforms in the Federal appointments process is not a new
topic. There is little dispute that the current nominations process has
grown too cumbersome and complicated, in some cases, discouraging
qualified individuals from seeking leadership positions. On average in
recent administrations, only 35 of the 100 most needed leadership roles
were filled within the first 100 days of the new administration, and
200 days into a new administration, only 50 percent of key national
security officials are actually in place.
Nine special commissions have called for fixing the broken
Presidential appointments process by starting the Presidential
transition and personnel planning earlier, streamlining background
investigations, and reducing the number of appointments requiring
Senate confirmation.
S. 679 provides a commonsense solution that preserves the important
role of the Senate in confirming key nominees but unburdens the process
by relieving the advice and consent requirement for less critical
positions. The bill is based on a bipartisan Senate working group
commissioned to improve the nominations process, which was led by
Senators Alexander and Schumer.
S. 679 eliminates the requirement for Senate confirmation for a
number of executive branch positions, many of which are: one, below the
assistant secretary level and report to a Senate-confirmed individual;
two, do not make policy; or three, are members of part-time advisory
boards or commissions.
S. 679 also establishes an executive branch working group to study
and report on streamlining the paperwork required for nominations.
In addition, S. 679 requires a fixed 5-year term for the Director of
the Census Bureau to coincide with the planning and operational phases
of the census. The Director of the Census Bureau remains subject to
Senate confirmation.
S. 679 provides a mechanism to allow the Senate to focus its efforts
on installing qualified leaders to key positions in order to meet the
many challenges facing our Nation.
At this time, Mr. Speaker, I reserve the balance of my time.
Mrs. MALONEY. Mr. Speaker, I rise in support of S. 679, the
Presidential Appointment Efficiency and Streamlining Act, which was
introduced in the Senate by Senators Schumer and Alexander. This bill
will improve the Presidential appointment process by reducing the
number of Presidentially appointed positions that are required to be
confirmed by the Senate.
The number of Presidentially appointed positions that require Senate
confirmation has increased over the years. The Congressional Research
Service estimates that at the beginning of the Obama administration,
there were 1,215 executive branch positions subject to Senate
confirmation. It takes months for a new President to fill these
positions, and the resulting gaps in leadership make the government
less efficient and less productive.
This bill will reduce the bureaucracy and red tape that comes with
requiring the Senate to confirm Presidential appointments. Under this
bill, high-profile positions, such as Department Secretaries and Deputy
Secretaries, will continue to require the consent of the Senate. This
bill impacts lower-level positions, which a President routinely fills
these positions without any controversy. For example, this bill would
eliminate the Senate confirmation requirement for positions such as the
alternate Federal cochairman of the Appalachian Regional Commission and
[[Page H5409]]
members of the National Council on Disability.
In addition to reforming the Presidential appointments process, the
legislation before us today makes the Director of the Census Bureau a
Presidential term appointment of 5 years, subject to confirmation by
the Senate. I particularly am pleased the bill includes this provision
so that the Director is tied to the needs of the decennial census and
not to an election year calendar.
For years, I have been working on this provision, which I proposed in
H.R. 4595 in the 111th Congress, to ensure the Census Bureau is able to
perform the decennial census as accurately and as inexpensively as
possible. Senator Carper introduced this bill in the Senate and added
this amendment to the bill we are considering today.
Too often, in the last four decennials, there have been major
operations issues to overcome just before implementation. Historically,
it's not uncommon for the Bureau to be without a Director to lead the
agency until shortly before the decennial. We did not have a Director
in place for the current 2010 count until mere months before census
day. In 2000, the Census Director took office 2 years before the
decennial count; and in 1990, it was 1 week before the count.
This change will help to ensure the independence of the Census Bureau
from political interference and ensure adequate leadership for the
census in critical planning and implementation phases for the
decennial.
Data and analysis from the Census Bureau provides policymakers,
businesses, and State and local governments with vital, accurate,
scientific information that is used to guide our country's economic
growth. It's important that Bureau leadership have stability. So I
thank the chairman and ranking members for getting this done.
The Senate passed this bill with an overwhelming bipartisan majority.
I believe this body should defer to the will of the Senate when it
comes to their own process for confirming Presidential appointments. I
urge my colleagues on both sides of the aisle to support this good-
government bill.
Mr. Speaker, I reserve the balance of my time.
Mr. CHAFFETZ. Mr. Speaker, I would like to yield 4 minutes to the
gentleman from Texas (Mr. Gohmert).
Mr. GOHMERT. Mr. Speaker, with due deference to my friend from New
York and my friend from Utah--and I do mean that literally--I rise in
opposition to this bill.
What we've seen over the last year and a half is a Presidency that
had the most disdain for Congress in the confirmation process of any
President I'm aware of, and I'm quite familiar with the history of the
United States.
Not only has this President made recess appointments when there was
no recess, not only has this President appointed czars that were beyond
the reach of Congress--although we could have made it within our reach;
we could have just cut off every dime for anything that did not come
before congressional approval--but with this latest tactic of having a
recess appointment when there wasn't a recess, all of the talk across
the country about the appointing of czars with no accountability to the
Senate, I really did expect some of my conservative friends in the
Senate at some point to move a bill on this subject. I expected it to
be a bill that would send a loud and clear message to the President
that, if you feel like some of these don't need to be appointed, you
come talk to us about it, and let's talk about no more recess
appointments. Let's talk about some of these others.
{time} 1540
Instead, it's almost a pat on the back to the President to say, Look,
you've ignored us; you've made us irrelevant. You've done all of these
things, as you've said, Congress won't act so you're going to act. The
President has gone out and made speeches like the king or Caesar: as I
speak, so it is the law.
And even though Congress has duly passed immigration laws that the
President has stood up, and as he spoke, he made law and ignored
Congress completely. The message we're sending back here is: Mr.
President--as in some old movie--thank you, may I have another. Look,
you just keep ignoring us, and we'll keep making ourselves more and
more irrelevant.
I would like to make one other point, too. Here we are in a desperate
situation where our military, our very national security is at risk for
being cut to the extent that we will no longer be secure. I would
humbly submit that a better bill would be, Mr. President, if these are
not all that important, let's get rid of all of these. There are board
members. There's commissions. I mean, there's things in here, there's a
director of the Women's Bureau. I don't see one for the Men's Bureau.
There's director of all kinds of things here that it just seems like
are redundant, that could be done away with. If they're not important
enough for the Senate to take a look at them, Mr. Speaker, I would
humbly suggest that maybe they're irrelevant and immaterial enough that
we just do away with the positions. And accordingly, I would urge my
colleagues to vote ``no'' on this provision.
Mrs. MALONEY. Mr. Speaker, I yield myself such time as I may consume.
I respectfully disagree with my good friend from the great State of
Texas, Representative Gohmert. The number of executive branch positions
subject to Senate confirmation has grown at a very large number, and it
literally takes months to fill these positions, and the resulting gaps
in leadership makes the government less efficient and less productive.
It came to us with a strong bipartisan vote in the Senate, and I urge
my colleagues on both sides of the aisle to support it, and I yield
back the balance of my time.
Mr. CHAFFETZ. I yield myself such time as I may consume.
Mr. Speaker, I will be, under the general leave, inserting a couple
of letters. One is from Frank Carlucci, former Secretary of Defense
under President Reagan, who wrote us a letter saying:
Leaving positions vacant indefinitely as appointees wait to
be confirmed is not smart management and is frankly a threat
to our national security.
Also in support of this piece of legislation, a noted conservative
Senator, former Senator Fred Thompson, took a position on this and
said:
I believe that this will result in an increasingly narrow
pool of potential public servants who are more likely to be
wealthy and already live in the Washington, D.C. area.
That is if we don't pass this piece of legislation. He went on to
say:
In 1960, President Kennedy had 286 positions to fill in the
ranks of Secretary, deputy secretary, under secretary,
Assistant Secretary, and administrator; and by the end of the
Clinton administration, there were 914 positions with these
titles.
As was noted by the gentleman from Texas, there is an argument to say
a lot of these positions shouldn't even be in the Federal Government.
But nevertheless, under the Constitution, the Constitution says under
article II, section 2, the appointments clause--I'll cut right to the
phrase I would like to refer to which is:
Congress may by law vest the appointment of such inferior
officers, as they think proper.
Therefore, as I read the Constitution, we have a duty and a
responsibility to review this and look at this. So here you have a
situation where 79 Senators in a very bipartisan way came together
after nine different commissions and looking at things and decided to
trim it back a little bit. There will still be over a thousand Senate-
confirmed positions. But if we want proper oversight, if we want to go
through this process in a swift and timely manner, if we want
oversight, let's focus on what's most important.
What's most important probably doesn't require Senate confirmation
for the Assistant Secretary for Public Affairs. How about the
administrator of St. Lawrence Seaway Development Corporation, or the
National Council on Disability, or the Office of Navaho and Hopi
Relocation? These are positions that, while are important to our
Nation, and some would argue are vital, probably don't necessarily rise
to the level that requires Senate confirmation. These should not just
be used as political tools. This Nation has business at hand, and we
should focus on what's important.
Again, there are still more than a thousand appointments that will
require Senate confirmation. But let's listen to our colleagues in the
Senate. Seventy-nine of them came here and said we think this is good.
There have
[[Page H5410]]
been nine different commissions looking at this. I think it's a valid
recommendation. It still allows for the advice and consent within the
Senate. It is a duty under the Constitution to do this.
I would encourage adoption of this. I think it is common sense. It is
what our friends in the Senate are asking us to do with 79 Senators
coming together to urge the adoption of this.
And with that, I yield back the balance of my time.
Frank C. Carlucci,
McLean, Virginia, June 1, 2011.
Hon. Harry Reid,
U.S. Senate, Hart Senate Office Bldg., Washington, DC.
Hon. Mitch McConnell,
U.S. Senate, Russell Senate Office Bldg., Washington, DC.
Hon. Charles Schumer,
U.S. Senate, Hart Senate Office Bldg., Washington, DC.
Hon. Lamar Alexander,
U.S. Senate, Dirksen Senate Office Bldg., Washington, DC.
Dear Senators Reid, McConnell, Schumer and Alexander: I am
writing to commend you for your leadership and bipartisan
approach to tackling one of the great challenges facing our
government--presidential appointments and nominations reform.
There is little dispute that the current nominations process
has grown too cumbersome and complicated, and the number of
political appointees is too large. S. 679, the Presidential
Appointment Efficiency and Streamlining Act, and S. Res. 116
are a promising show of progress, and I encourage all
Senators to support this bipartisan legislation.
As former Secretary of Defense (under President Reagan), I
know the importance of having high quality leaders in place
within an agency. Leaving positions vacant indefinitely as
appointees wait to be confirmed is not smart management, and
is frankly a threat to our national security. We need strong
leaders installed quickly in agencies to ensure our
government is ready to meet the many challenges it faces. S.
679 and S. Res. 116 together present a common-sense solution
that preserves the important role of the Senate in confirming
key nominees, but unburdens the process by relieving the
advice and consent requirement for less critical positions.
Congress would be wise to act now, before the politics of
the next election cycle get in the way of practical reforms
to improve the efficiency and effectiveness of our federal
government. I urge the Senate to swiftly pass both S. 679 and
S. Res. 116 to ensure our government has its senior leaders
in place within agencies to carry out critical missions.
Sincerely,
Frank Carlucci.
____
Senator Fred Thompson,
Hermitage, TN, April 12, 2011.
Hon. Joseph Lieberman,
Chairman, Committee on Homeland Security and Governmental
Affairs, U.S. Senate, Washington, DC.
Hon. Susan Collins,
Ranking Republican Member, Committee on Homeland Security and
Governmental Affairs, U.S. Senate, Washington, DC.
Dear Joe and Susan, in 2001, when I was Chairman of the
Senate Committee on Governmental Affairs, we held hearings
reviewing the nominations process and potential options for
reforms. President George W. Bush had been in office 10
months and only about 60 percent of the government's top
political jobs had been filled--which created national
security concerns.
That's why 1 want to commend you for your work on the
Presidential Appointment Efficiency and Streamlining Act of
2011 which would eliminate the need for Senate confirmation
of approximately 200 relatively low level positions. We tried
to fix this problem when I was chairman, and it still needs
to be done.
My experience was that our confirmation process led to
substantial delay and extraordinary expense for nominees as
they are vetted beyond what is necessary even for the least
sensitive positions. I believe that this will result in an
increasingly narrow pool of potential public servants who are
more likely to be wealthy, and already live in the
Washington, DC, area.
In 1960, President Kennedy had 286 positions to fill in the
ranks of Secretary, Deputy Secretary, Under Secretary,
Assistant Secretary, and Administrator and by the end of the
Clinton Administration there were 914 positions with these
titles. Reform would not diminish oversight. It would make
oversight more effective.
Comprehensive reforms throughout the presidential
appointment process are needed so that the Senate can spend
its time focusing on senior nominations and on major
priorities such as national defense and tackling our budget
problems.
The Senate should take its advice and consent powers
seriously, but the number of nominations has grown and
expanded over time--much like the rest of the federal
government. I hope your committee will take quick action on
this legislation and send the bill to the full Senate for its
consideration.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Utah (Mr. Chaffetz) that the House suspend the rules and
pass the bill, S. 679.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. GOHMERT. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
____________________