[Congressional Record (Bound Edition), Volume 157 (2011), Part 7]
[Senate]
[Pages 10153-10161]
[From the U.S. 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

[[Page 10154]]

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.
  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

[[Page 10155]]

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.
  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

[[Page 10156]]

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 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

[[Page 10157]]

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 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.

[[Page 10158]]

       (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 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

[[Page 10159]]

     ``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:
       ``(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

[[Page 10160]]

       (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;
       (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

[[Page 10161]]

     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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