[Congressional Record (Bound Edition), Volume 158 (2012), Part 9]
[House]
[Pages 12808-12813]
[From the U.S. 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

[[Page 12809]]

     Secretary for Administration and Management and the Assistant 
     Secretary for Public Affairs within the Department of Labor, 
     shall not be subject to the advice and consent of the Senate.
       (2) Director of the women's bureau.--Section 2 of the Act 
     of June 5, 1920 (29 U.S.C. 12) is amended by striking ``, by 
     and with the advice and consent of the Senate''.
       (j) Department of State; Assistant Secretary for Public 
     Affairs and Assistant Secretary for Administration.--Section 
     1(c)(1) of the State Department Basic Authorities Act of 1956 
     (22 U.S.C. 2651a(c)(1)) is amended--
       (1) by striking ``, each of whom shall be appointed by the 
     President, by and with the advice and consent of the Senate, 
     and''; and
       (2) by adding at the end the following: ``Each Assistant 
     Secretary of State shall be appointed by the President, by 
     and with the advice and consent of the Senate, except that 
     the appointments of the Assistant Secretary for Public 
     Affairs and the Assistant Secretary for Administration shall 
     not be subject to the advice and consent of the Senate.''.
       (k) Department of Transportation.--
       (1) Assistant secretaries.--Section 102(e) of title 49, 
     United States Code, is amended--
       (A) by striking ``(e) The Department'' and all that follows 
     through ``An Assistant Secretary'' and inserting the 
     following:
       ``(e) Assistant Secretaries; General Counsel.--
       ``(1) Appointment.--The Department has 5 Assistant 
     Secretaries and a General Counsel, including--
       ``(A) an Assistant Secretary for Aviation and International 
     Affairs, an Assistant Secretary for Governmental Affairs, and 
     an Assistant Secretary for Transportation Policy, who shall 
     each be appointed by the President, with the advice and 
     consent of the Senate;
       ``(B) an Assistant Secretary for Budget and Programs who 
     shall be appointed by the President;
       ``(C) an Assistant Secretary for Administration, who shall 
     be appointed by the Secretary, with the approval of the 
     President; and
       ``(D) a General Counsel, who shall be appointed by the 
     President, with the advice and consent of the Senate.
       ``(2) Duties and powers.--The officers set forth in 
     paragraph (1) shall carry out duties and powers prescribed by 
     the Secretary. An Assistant Secretary''.
       (2) Deputy administrator, federal aviation 
     administration.--Section 106 of title 49, United States Code, 
     is amended--
       (A) in subsection (b), by striking ``. The Administration 
     has a Deputy Administrator. They are appointed'' and 
     inserting ``, who shall be appointed''; and
       (B) in subsection (d)(1), by striking ``The Deputy 
     Administrator must'' and inserting ``The Administration has a 
     Deputy Administrator, who shall be appointed by the 
     President. In making an appointment, the President shall 
     consider the fitness of the appointee to efficiently carry 
     out the duties and powers of the office. The Deputy 
     Administrator shall''.
       (l) Department of the Treasury.--
       (1) Assistant secretaries for public affairs and 
     management.--Section 301(e) of title 31, United States Code, 
     is amended--
       (A) by striking ``10 Assistant Secretaries'' and inserting 
     ``8 Assistant Secretaries''; and
       (B) by inserting ``The Department shall have 2 Assistant 
     Secretaries not subject to the advice and consent of the 
     Senate who shall be the Assistant Secretary for Public 
     Affairs, and the Assistant Secretary for Management.'' after 
     the first sentence.
       (2) Treasurer of the united states.--Section 301(d) of 
     title 31, United States Code, is amended--
       (A) by striking ``2 Deputy Under Secretaries, and a 
     Treasurer of the United States'' and inserting ``and 2 Deputy 
     Under Secretaries'', and
       (B) by inserting ``and a Treasurer of the United States 
     appointed by the President'' after ``Fiscal Assistant 
     Secretary appointed by the Secretary''.
       (m) Department of Veterans Affairs.--Section 308(a) of 
     title 38, United States Code, is amended--
       (1) by striking ``There shall'' and inserting ``(1) There 
     shall'';
       (2) in paragraph (1), as designated by paragraph (1) of 
     this subsection, by striking ``Each Assistant'' and all that 
     follows through the period at the end; and
       (3) by adding at the end the following new paragraphs:
       ``(2) Except as provided in paragraph (3), each Assistant 
     Secretary appointed under paragraph (1) shall be appointed by 
     the President, by and with the advice and consent of the 
     Senate.
       ``(3) The following Assistant Secretaries may be appointed 
     without the advice and consent of the Senate:
       ``(A) The Assistant Secretary for Management.
       ``(B) The Assistant Secretary for Human Resources and 
     Administration.
       ``(C) The Assistant Secretary for Public and 
     Intergovernmental Affairs.
       ``(D) The Assistant Secretary for Operations, Security, and 
     Preparedness.''.
       (n) Appalachian Regional Commission; Alternate Federal Co-
     Chairman.--Section 14301(b)(2) of title 40, United States 
     Code, is amended by striking ``by and with the advice and 
     consent of the Senate''.
       (o) Council of Economic Advisers, Members.--Section 10 of 
     the Employment Act of 1946 (15 U.S.C. 1023) is amended by 
     striking subsection (a) and inserting the following:
       ``(a) Creation; Composition; Qualifications; Chairman and 
     Vice Chairman.--
       ``(1) Creation.--There is created in the Executive Office 
     of the President a Council of Economic Advisers (hereinafter 
     called the `Council').
       ``(2) Composition.--The Council shall be composed of three 
     members, of whom--
       ``(A) 1 shall be the chairman who shall be appointed by the 
     President by and with the advice and consent of the Senate; 
     and
       ``(B) 2 shall be appointed by the President.
       ``(3) Qualifications.--Each member shall be a person who, 
     as a result of training, experience, and attainments, is 
     exceptionally qualified to analyze and interpret economic 
     developments, to appraise programs and activities of the 
     Government in the light of the policy declared in section 2, 
     and to formulate and recommend national economic policy to 
     promote full employment, production, and purchasing power 
     under free competitive enterprise.
       ``(4) Vice chairman.--The President shall designate 1 of 
     the members of the Council as vice chairman, who shall act as 
     chairman in the absence of the chairman.''.
       (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--

[[Page 12810]]

       (A) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (B) by striking ``(a) The President'' and all that follows 
     through ``The term of office'' and inserting the following:
       ``(a) The President shall appoint a Governor and an 
     Alternate Governor of the Bank--
       ``(1) by and with the advice and consent of the Senate; or
       ``(2) from among individuals serving as officials required 
     by law to be appointed by and with the advice and consent of 
     the Senate.
       ``(b) The term of office''.
       (2) Conforming amendments.--Section 1334 of such Act (22 
     U.S.C. 290i-2) is amended--
       (A) by striking ``The Director or Alternate Director'' and 
     inserting the following:
       ``(b) The Director or Alternate Director''; and
       (B) by inserting before subsection (b), as redesignated, 
     the following:
       ``(a) The President, by and with the advice and consent of 
     the Senate, shall appoint a Director of the Bank.''.
       (aa) Governor and Alternate Governor of the Asian 
     Development Bank.--Section 3(a) of the Asian Development Bank 
     Act (22 U.S.C. 285a(a)) is amended to read as follows:
       ``(a) The President shall appoint--
       ``(1) a Governor of the Bank and an alternate for the 
     Governor--
       ``(A) by and with the advice and consent of the Senate; or
       ``(B) from among individuals serving as officials required 
     by law to be appointed by and with the advice and consent of 
     the Senate; and
       ``(2) a Director of the Bank, by and with the advice and 
     consent of the Senate.''.
       (bb) Governor and Alternate Governor of the African 
     Development Fund.--Section 203(a) of the African Development 
     Fund Act (22 U.S.C. 290g-1(a)) is amended to read as follows:
       ``(a) The President shall appoint a Governor, and an 
     Alternate Governor, of the Fund--
       ``(1) by and with the advice and consent of the Senate; or
       ``(2) from among individuals serving as officials required 
     by law to be appointed by and with the advice and consent of 
     the Senate.''.
       (cc) National Board for Education Sciences; Members.--
     Section 116(c)(1) of the Education Sciences Reform Act of 
     2002 (20 U.S.C. 9516(c)(1)) is amended by striking ``, by and 
     with the advice and consent of the Senate''.
       (dd) National Institute for Literacy Advisory Board; 
     Members.--Section 242(e)(1)(A) of the Adult Education and 
     Family Literacy Act (20 U.S.C. 9252(e)(1)(A)) is amended by 
     striking ``with the advice and consent of the Senate''.
       (ee) Institute of American Indian and Alaska Native Culture 
     and Arts Development; Member, Board of Trustees.--Section 
     1505 of the American Indian, Alaska Native, and Native 
     Hawaiian Culture and Art Development Act (20 U.S.C. 
     4412(a)(1)(A)) is amended by striking ``by and with the 
     advice and consent of the Senate''.
       (ff) Public Health Service Commissioned Officer Corps.--
       (1) Appointment.--Section 203(a)(3) of the Public Health 
     Service Act (42 U.S.C. 204(a)(3)) is amended by striking 
     ``with the advice and consent of the Senate''.
       (2) Promotions.--Section 210(a) of the Public Health 
     Service Act (42 U.S.C. 211(a)) is amended by striking ``, by 
     and with the advice and consent of the Senate''.
       (gg) National Oceanic and Atmospheric Administration 
     Commissioned Officer Corps.--
       (1) Appointments and promotions to permanent grades.--
     Section 226 of the National Oceanic and Atmospheric 
     Administration Commissioned Officer Corps Act of 2002 (33 
     U.S.C. 3026) is amended by striking ``, by and with the 
     advice and consent of the Senate''.
       (2) Positions of importance and responsibility.--Section 
     228(d)(1) of such Act (33 U.S.C. 3028(d)(1)) is amended by 
     striking ``, by and with the advice and consent of the 
     Senate''.
       (3) Temporary appointments and promotions generally.--
     Section 229 of such Act (33 U.S.C. 3029) is amended--
       (A) by striking ``alone'' each place it appears; and
       (B) in subsection (a), in the second sentence, by striking 
     ``unless the Senate sooner gives its advice and consent to 
     the appointment''.
       (hh) Rule of Construction.--Notwithstanding section 
     3132(a)(2) of title 5, United States Code, removal of Senate 
     confirmation for any position in this section shall not--
       (1) result in any such position being placed in the Senior 
     Executive Service; or
       (2) alter compensation for any such position under the 
     Executive Schedule or other applicable compensation 
     provisions of law.

     SEC. 3. APPOINTMENT OF THE DIRECTOR OF THE CENSUS.

       (a) In General.--Section 21 of the title 13, United States 
     Code, is amended to read as follows:

     ``Sec. 21. Director of the Census; duties

       ``(a) Appointment.--
       ``(1) In general.--The Bureau shall be headed by a Director 
     of the Census, appointed by the President, by and with the 
     advice and consent of the Senate, without regard to political 
     affiliation.
       ``(2) Qualifications.--Such appointment shall be made from 
     individuals who have a demonstrated ability in managing large 
     organizations and experience in the collection, analysis, and 
     use of statistical data.
       ``(b) Term of Office.--
       ``(1) In general.--The term of office of the Director shall 
     be 5 years, and shall begin on January 1, 2012, and every 
     fifth year thereafter. An individual may not serve more than 
     2 full terms as Director.
       ``(2) Vacancies.--Any individual appointed to fill a 
     vacancy in such position, occurring before the expiration of 
     the term for which such individual's predecessor was 
     appointed, shall be appointed for the remainder of that term. 
     The Director may serve after the end of the Director's term 
     until reappointed or until a successor has been appointed, 
     but in no event longer than 1 year after the end of such 
     term.
       ``(3) Removal.--An individual serving as Director may be 
     removed from office by the President. The President shall 
     communicate in writing the reasons for any such removal to 
     both Houses of Congress not later than 60 days before the 
     removal.
       ``(4) Personnel actions.--Except as provided under 
     paragraph (3), nothing in this subsection shall prohibit a 
     personnel action otherwise authorized by law with respect to 
     the Director of the Census, other than removal.
       ``(c) Duties.--The Director shall perform such duties as 
     may be imposed upon the Director by law, regulations, or 
     orders of the Secretary.''.
       (b) Transition Rules.--
       (1) Appointment of initial director.--The initial Director 
     of the Bureau of the Census shall be appointed in accordance 
     with the 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

[[Page 12811]]

       (ii) a detailed plan for the creation and implementation of 
     an electronic system for collecting and distributing 
     background information from potential and actual Presidential 
     nominees for positions which require appointment by and with 
     the advice and consent of the Senate.
       (B) Electronic system.--The electronic system described 
     under subparagraph (A)(ii) shall--
       (i) provide for--

       (I) less burden on potential nominees for positions which 
     require appointment by and with the advice and consent of the 
     Senate;
       (II) faster delivery of background information to Congress, 
     the White House, the Federal Bureau of Investigation, 
     Diplomatic Security, and the Office of Government Ethics; and
       (III) fewer errors of omission; and

       (ii) ensure the existence and operation of a single, 
     searchable form which shall be known as a ``Smart Form'' and 
     shall--

       (I) be free to a nominee and easy to use;
       (II) make it possible for the nominee to answer all vetting 
     questions one way, at a single time;
       (III) secure the information provided by a nominee;
       (IV) allow for multiple submissions over time, but always 
     in the format requested by the vetting agency or entity;
       (V) be compatible across different computer platforms;
       (VI) make it possible to easily add, modify, or subtract 
     vetting questions;
       (VII) allow error checking; and
       (VIII) allow the user to track the progress of a nominee in 
     providing the required information.

       (d) Review of Background Investigation Requirements.--
       (1) In general.--The Working Group shall conduct a review 
     of the impact of background investigation requirements on the 
     appointments process.
       (2) Conduct of review.--In conducting the review, the 
     Working Group shall--
       (A) assess the feasibility of using personnel other than 
     Federal Bureau of Investigation personnel, in appropriate 
     circumstances, to conduct background investigations of 
     individuals under consideration for positions appointed by 
     the President, by and with the advice and consent of the 
     Senate; and
       (B) consider the extent to which the scope of the 
     background investigation conducted for an individual under 
     consideration for a position appointed by the President, by 
     and with the advice and consent of the Senate, should be 
     varied depending on the nature of the position for which the 
     individual is being considered.
       (3) Report.--Not later than 270 days after the date of 
     enactment of this Act, the Working Group shall submit a 
     report of the findings of the review under this subsection 
     to--
       (A) the President;
       (B) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (C) the Committee on Rules and Administration of the 
     Senate.
       (e) Personnel Matters.--
       (1) Compensation of members.--
       (A) Federal officers and employees.--Each member of the 
     Working Group who is a Federal officer or employee shall 
     serve without compensation in addition to that received for 
     their services as a Federal officer or employee.
       (B) Members not federal officers and employees.--Each 
     member of the Working Group who is not a Federal officer or 
     employee shall not be compensated for services performed for 
     the Working Group.
       (2) Travel expenses.--The members of the Working Group 
     shall be allowed travel expenses, including per diem in lieu 
     of subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Working 
     Group.
       (3) Staff.--
       (A) In general.--The President may designate Federal 
     officers and employees to provide support services for the 
     Working Group.
       (B) Detail of federal employees.--Any Federal employee may 
     be detailed to the Working Group without reimbursement, and 
     such detail shall be without interruption or loss of civil 
     service status or privilege.
       (f) Non-Applicability of Federal Advisory Committee Act.--
     The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the Working Group established under this section.
       (g) Termination of the Working Group.--The Working Group 
     shall terminate 60 days after the date on which the Working 
     Group submits the latter of the 2 reports under this section.

     SEC. 5. REPORT ON PRESIDENTIALLY APPOINTED POSITIONS.

       (a) Definitions.--In this section--
       (1) the term ``agency'' means an Executive agency defined 
     under section 105 of title 5, United States Code; and
       (2) the term ``covered position'' means a position in an 
     agency that requires appointment by the President without the 
     advice and consent of the Senate.
       (b) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Government Accountability Office 
     shall conduct a study and submit a report on covered 
     positions to Congress and the President.
       (c) Contents.--The report submitted under this section 
     shall include--
       (1) a determination of the number of covered positions in 
     each agency;
       (2) an evaluation of whether maintaining the total number 
     of covered positions is necessary;
       (3) an evaluation of the benefits and disadvantages of--
       (A) eliminating certain covered positions;
       (B) converting certain covered positions to career 
     positions or positions in the Senior Executive Service that 
     are not career reserved positions; and
       (C) converting any categories of covered positions to 
     career positions;
       (4) the identification of--
       (A) covered positions described under paragraph (3)(A) and 
     (B); and
       (B) categories of covered positions described under 
     paragraph (3)(C); and
       (5) any other recommendations relating to covered 
     positions.

     SEC. 6. EFFECTIVE DATE.

       (a) Presidential Appointments Not Subject to Senate 
     Approval.--The amendments made by section 2 shall take effect 
     60 days after the date of enactment of this Act and apply to 
     appointments made on and after that effective date, including 
     any nomination pending in the Senate on that date.
       (b) Director of the Census and Working Group.--The 
     provisions of sections 3 and 4 (including any amendments made 
     by those sections) shall take effect on the date of enactment 
     of this Act.

  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

[[Page 12812]]

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 
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

[[Page 12813]]

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 Navajo 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 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 I 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.

            Sincerely,
                                       U.S. Senator Fred Thompson.
  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.

                          ____________________