[Senate Report 112-24]
[From the U.S. Government Publishing Office]
112th Congress
1st Session SENATE Report
112-24
_______________________________________________________________________
Calendar No. 75
PRESIDENTIAL APPOINTMENT EFFICIENCY AND STREAMLINING ACT OF 2011
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 679
TO REDUCE THE NUMBER OF EXECUTIVE POSITIONS SUBJECT TO SENATE
CONFIRMATION
June 21, 2011.--Ordered to be printed
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan SUSAN M. COLLINS, Maine
DANIEL K. AKAKA, Hawaii TOM COBURN, Oklahoma
THOMAS R. CARPER, Delaware SCOTT P. BROWN, Massachusetts
MARK L. PRYOR, Arkansas JOHN McCAIN, Arizona
MARY L. LANDRIEU, Louisiana RON JOHNSON, Wisconsin
CLAIRE McCASKILL, Missouri ROB PORTMAN, Ohio
JON TESTER, Montana RAND PAUL, Kentucky
MARK BEGICH, Alaska JERRY MORAN, Kansas
Michael L. Alexander, Staff Director
Beth M. Grossman, Deputy Staff Director and Chief Counsel
Kristine V. Lam, Professional Staff Member
Nicholas A. Rossi, Minority Staff Director
Molly A. Wilkinson, Minority General Counsel
Jennifer L. Tarr, Minority Counsel
Trina Driessnack Tyrer, Chief Clerk
Calendar No. 75
112th Congress
SENATE
Report
1st Session 112-24
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PRESIDENTIAL APPOINTMENT EFFICIENCY AND STREAMLINING ACT OF 2011
_______
June 21, 2011.--Ordered to be printed
_______
Mr. Lieberman, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 679]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 679) to reduce the
number of executive positions subject to confirmation, reports
favorably thereon with an amendment and recommends that the
bill do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for Legislation..............................2
III. Legislative History.............................................10
IV. Section-by-Section Analysis.....................................11
V. Evaluation of Regulatory Impact.................................16
VI. Congressional Budget Office Estimate............................16
VII. Changes in Existing Law Made by the Bill, as Reported...........17
I. Purpose and Summary
The Presidential Appointment Efficiency and Streamlining
Act of 2011 seeks to reduce the burdens and improve the
efficiency of the appointment process for executive branch
officials. It does so by eliminating the requirement for Senate
confirmation for over 200 executive branch positions for which
the Committee has determined, based on the work of a
leadership-commissioned Senate working group, that such
confirmation is unnecessary. The bill also establishes an
executive branch working group to study and report on the
streamlining of paperwork required for executive nominations
and the impact of background investigation requirements on the
appointments process.
II. Background and Need for Legislation
In a 2003 report, the bipartisan National Commission on the
Public Service, headed by Paul Volcker, observed,
``Contemporary presidents face two daunting difficulties in
filling the top posts in their administrations: the number of
appointments is very large, and the appointments process is
very slow.''\1\ This is equally if not more true today, and
particularly true of the subset of presidential appointments
that require Senate confirmation.
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\1\Report of the National Commission on the Public Service. Urgent
Business for America: Revitalizing the Federal Government for the 21st
Century, January 2003, p. 18. Available at http://www.brookings.edu/gs/
cps/volcker/reportfinal.pdf, last accessed May 3, 2011 [hereinafter
``Volcker Report'']. The Commission, first constituted in 1987, is
commonly referred to as the ``Volcker Commission.''
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According to information compiled by the Congressional
Research Service (CRS), the past fifty years has brought a
steady growth in the number of presidential appointees who must
face Senate confirmation. When President Kennedy entered
office, he had 850 Senate-confirmed positions to fill. That
number had increased to 1143 by the time President George W.
Bush took office, and by the beginning of the Obama
Administration, there were 1215 executive branch positions
subject to Senate confirmation.\2\
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\2\Maeve P. Carey and Henry B. Hogue, Congressional Research
Service, Memorandum to Senate Committee on Homeland Security and
Governmental Affairs, Number of Executive Branch Advice and Consent
Positions at the Outset of Selected Presidential Administrations (May
6, 2011). CRS based its analysis on positions listed in several
editions of United States Government Policy and Support Positions,
commonly known as the ``Plum Book. ''
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At the same time--and perhaps not surprisingly in light of
the increase in the nominations workload for both the Senate
and the executive branch--the time it takes to fill Senate-
confirmed positions has been getting longer. Overall, the
median time to confirmation, according to data provided by CRS,
has increased substantially since the Reagan Administration,
jumping in both the Clinton and George W. Bush administrations
before leveling off thus far in the Obama Administration.\3\
That level is unfortunately not an impressive one: only 14
percent of full-time Senate-confirmed positions had been filled
at the end of the first 100 days of the Obama
Administration,\4\ and, according to one review, even 18 months
into the Administration, a quarter of key policy-making
positions requiring Senate confirmation remained unfilled.\5\
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\3\Henry B. Hogue, Maureen Bearden, Betsy Palmer, Congressional
Research Service, R40119 Filling Advice and Consent Positions at the
Outset of a New Administration (2010) [hereinafter, ``CRS Report
R40119'']; see also Volcker Report, pp. 18-19 (finding that the time to
fill political positions ``has expanded exponentially in recent
decades'' and including a graph, based on calculations by the
Presidential Appointee Initiative at the Brookings Institution, of the
average times to complete an initial appointment from the Kennedy
Administration to the George W. Bush administration).
\4\Henry B. Hogue and Maeve P. Carey, Congressional Research
Service, Memorandum to Senate Committee on Homeland Security and
Governmental Affairs, Appointments to Full-time Executive Branch Advice
and Consent Positions During the First 100 Days of the Obama
Administration (June 10, 2009).
\5\William A. Galston and E.J. Dionne, Jr., A Half-Empty Government
Can't Govern: Why Everyone Wants to Fix the Appointments Process, Why
it Never Happens, and How We Can Get It Done, Brookings Institution
(December 14, 2010) [hereinafter, ``Galston and Dionne''].
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As one would expect, the length of time to fill positions
varies with the level and nature of the position: initial
nominees for Cabinet-level positions during a Presidential
transition have typically been selected, vetted, considered and
confirmed expeditiously while initial nominees to subcabinet
positions--Deputy Secretaries, Under Secretaries and certain
Assistant Secretaries--have taken significantly longer.\6\ A
law review analysis of presidential appointments between 1987
and 2005 found that it took presidents an average of only 17
days from the time of a vacancy to nominate a Cabinet Secretary
and the Senate an average of only 16 days to confirm the
nominee. For lower-level nominees, though, a different picture
emerged: it took presidents an average of 95 days to nominate
Deputy Cabinet Secretaries and the Senate 62 days to confirm
them, while noncabinet agency heads waited an average of 173
days for nomination and 63 additional days for confirmation.
Noncabinet agency deputy heads fared even worse, seeing an
average of 301 days pass before nomination and 82 additional
days before confirmation.\7\
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\6\See CRS Report R40119, pp. 11-12.
\7\Anne Joseph O'Connell, Vacant Offices: Delays in Staffing Top
Agency Positions, 82 S. Cal. L. Rev. 913, 967 (2009) [hereinafter,
``O'Connell''].
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Moreover, as these figures suggest, although Senate delays
during the confirmation process (including holds placed on
nominees by individual Senators) receive most of the public
attention, it is typically the presidential selection and
vetting process that consumes the majority of the time from
vacancy to appointment. In explaining these delays, observers
have noted that the large number of appointments that need to
be made at the outset of a new administration can overwhelm the
resources available to the executive to review and vet them.\8\
Others have pointed to the ever expanding set of information
that administrations seek from nominees--what the Volcker
Commission described as ``a steady accumulation of inquiries,
investigations, and reviews aimed at avoiding political
embarrassment.''\9\ Although the length of time required for
the Senate to act on nominations has also been increasing,\10\
a recent Brookings report pointed out that, in each of the last
four administrations, the average time for sending nominations
to the Senate was between two and three times as long as the
gap between receipt of nominations and confirmation in the
Senate. As a result, even if the Senate acted on every
nomination within a month, the time needed to fill positions
would decline by less than 20 percent.\11\
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\8\See, e.g., Galston and Dionne, p. 8. As the Volcker Report put
it (at p. 20), ``the presidential appointments process simply cannot
keep up with the burden of filling all these positions with properly
qualified leaders in a timely way''.
\9\Volcker Report, p. 18. The report notes that these include
``extensive vetting, lengthy interviews, background checks,
examinations of government computer records, completion of
questionnaires and forms composed of hundreds of questions, FBI full-
field investigations, public financial disclosure, and conflicts of
interest analysis''--and that much of the process is duplicated when a
nomination goes to the Senate. See also Statement of Max Stier
(President and CEO, Partnership for Public Service), Hearing before the
Senate Committee on Homeland Security and Governmental Affairs,
Eliminating The Bottlenecks: Streamlining The Nominations Process
(March 2, 2011) [hereinafter, ``HSGAC March 2011 hearing''], p. 3
(describing an ``onerous'' vetting process and asserting that ``the
already-stringent standards of the Obama personnel operation tightened
further'' after some high-profile appointees ran into difficulties
during the Senate confirmation process).
\10\See Statement of Norman J. Ornstein (Resident Scholar, American
Enterprise Institute), HSGAC March 2011 hearing (noting that the Senate
took an average of 60.8 days to confirm President Obama's nominees in
the administration's first year, compared to an average of 48.9 days
for President Clinton and 57.9 days for President George W. Bush), p.
1.
\11\See Galston and Dionne, p. 8.
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The expanding numbers of Senate-confirmed positions to be
filled and the delays in filling them have inexorably led to a
great increase in vacancies--a situation that cannot help but
yield significant consequences for government administration
and policy making. The implications have been most stark at the
outset of a new administration, when incoming presidents may
have to address critical economic or national security
challenges with many key policy positions unfilled. The 9/11
Commission recognized this in its report, noting that the
George W. Bush Administration did not have its national
security team, including critical subcabinet officials,
confirmed and on the job until at least six months after it
took office, and it recommended steps to accelerate the process
for national security appointments so as to minimize the
disruption of national security policymaking during the change
in administrations.\12\ A number of commentators have pointed
out that President Obama's Secretary of the Treasury had to
operate without other senior appointees in the Treasury
Department at the height of the financial crisis; strikingly,
it took four months to appoint a Deputy Secretary of the
Treasury.\13\ And, looking back further, some have noted how
difficulties in the wake of Hurricane Hugo, which struck South
Carolina in September 1989, nine months into the George H.W.
Bush Administration, were exacerbated by the fact that only one
of the eight Senate-confirmed positions at the Federal
Emergency Management Agency were filled at the time.\14\
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\12\National Commission on Terrorist Attacks Upon the United
States, The 9/11 Commission Report, p. 422 (2004).
\13\See Statement of Max Stier, HSGAC March 2011 hearing, p. 1; see
also Galston and Dionne, p. 1; O'Connell, p. 917.
\14\David Lewis, The Politics of Presidential Appointments
Political Control and Bureaucratic Performance, p. 151 (Princeton,
N.J.: Princeton Univ. Press, 2008).
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Problems caused by delays in the appointments process
extend beyond the start of an administration, even if that is
when they are most noticeable. When the typically short tenure
of political appointees\15\ is coupled with the delays in
nomination and confirmation, the result is frequent, extended
vacancies in Senate-confirmed positions throughout the course
of an Administration. In fact, according to one analysis,
Senate-confirmed positions are empty (or filled by acting
officials) on average as much as one-quarter of the time.\16\
These widespread vacancies can have a significant, detrimental
impact on the ability of a president to carry out his policies,
as well as on agencies' ability to determine policy and take
action. The absence of accountable political leadership at
departments and agencies can also have a detrimental impact on
the ability of Congress to oversee agencies.\17\
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\15\See e.g. Matthew Dull and Patrick S. Roberts, Continuity,
Competence, and the Succession of Senate-Confirmed Agency Appointees,
1989-2009, 39 Pres. Stud. Q. 432, 436 (2009) (finding a median tenure
of 2.5 years for appointees who served under President H. W. Bush or
President Clinton); Matthew J. Dickinson and Kathryn Dunn Tenpas,
Explaining Increasing Turnover Rates Among Presidential Advisers, 1929-
1997, 64 J. Pol. 434 (2002).
\16\O'Connell, pp. 962-65.
\17\See O'Connell, pp. 935-52 for a general discussion of some of
the implications of vacancies in Senate-confirmed positions.
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The need for reforms in the federal appointments process is
not a new topic. In the past three decades, an abundance of
commissions, academics, think tanks, and good government groups
have turned their sights on this problem. These include: the
National Academy of Public Administration (in 1983\18\ and
1985\19\); the National Commission on the Public Service
(1989\20\ and 2003\21\); the President's Commission on the
Federal Appointments Process (1990)\22\; the National Academies
of Sciences and Engineering and the Institute of Medicine
(1992)\23\; the Twentieth Century Fund (1996)\24\; the
Brookings Institution's Presidential Appointee Initiative (co-
chaired by former Senator Nancy Kassebaum and former Director
of the Office of Management and Budget Franklin Raines)
(2001).\25\ More recently, the Partnership for Public Service
has looked closely at these issues,\26\ as has the Commission
to Reform the Federal Appointments Process, a joint effort of
the Aspen Institute and Rockefeller Foundation, co-chaired by
Clay Johnson, former Assistant to the President for
Presidential Personnel, Mack McLarty, former White House Chief
of Staff, and former Senators Bill Frist and Chuck Robb. These
groups have consistently found that the process for
identifying, nominating, and confirming an individual to a
Senate-confirmed position has gradually lengthened, become more
burdensome, and has discouraged qualified individuals from
seeking nominations. Many of the same recommendations have also
been repeatedly made, including streamlining the nomination
process with respect to financial disclosure and standardized
forms and reducing the number of positions requiring Senate
confirmation.\27\
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\18\National Academy of Public Administration, Revitalizing Federal
Management: Managers and Their Overburdened Systems (1983).
\19\National Academy of Public Administration, Leadership in
Jeopardy: The Fraying of the Presidential Appointments System (1985).
\20\National Commission on Public Service, Leadership for America:
Rebuilding the Public Service (1989).
\21\Volcker Report.
\22\President's Commission on the Federal Appointment Process, The
Report of the President's Commission on the Federal Appointment Process
(1990).
\23\National Academy of Sciences, National Academy of Engineering,
and Institute of Medicine, Science and Technology Leadership in
American Government: Ensuring the Best Presidential Appointments
(1992).
\24\The Century Foundation 20th Century Task Force on the
Presidential Appointment Process, Obstacle Course (1996).
\25\The Presidential Appointee Initiative, To Form a Government: A
Bipartisan Plan to Improve the Presidential Appointments Process,
Brookings Institution (April 2001); see generally Alvin S. Felzenberg,
Fixing the Appointments Process: What the Reform Commissions Saw,
Brookings Institution (2001). Available at http://www.brookings.edu/
articles/2001/spring_ governance_felzenberg.aspx, accessed May 3, 2011.
\26\Partnership for Public Service, Ready to Govern: Improving the
Presidential Transition (January 2010).
\27\The Aspen Institute has compiled a list of past commissions and
reports as well as historical summaries of previous commission which
have addressed the presidential appointments process. Available at
http://www.aspeninstitute.org/policy-work/commission-appointments/
Historical%20Summaries%20of%20Past%20Commissions%20and%20Reports.
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This Committee has sought over the years to reform the
appointments process. In April 2001, the Committee (then known
as the Senate Committee on Governmental Affairs) held a two-day
hearing titled ``The State of the Presidential Appointments
Process'' at which the witnesses raised many of the same issues
that continue to be discussed today.\28\ The previous year, the
Committee had reported out the Presidential Transition Act of
2000, which was ultimately enacted into law and required, among
other things, that the Office of Government Ethics (OGE) study
and report on possible improvements to the financial disclosure
process, which was seen as presenting potential barriers to
public service.\29\ A subsequent bill, the Presidential
Appointments Improvement Act of 2002,\30\ sought to implement
OGE's recommendations for streamlining the financial disclosure
process for presidential appointees and well as other executive
branch employees. It also required the Executive Clerk of the
White House to transmit a list of all presidentially appointed
positions to all presidential candidates in order to speed the
identification and vetting of major presidential nominees, and
required that each agency prepare a plan to reduce both the
number and layers of Senate-confirmed presidential appointees
within the agency. Although the Committee favorably reported
the bill, the full Senate never considered it.
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\28\Hearing before the Senate Committee on Governmental Affairs,
The State of the Presidential Appointments Process, S. Hrg. 107-118
(2001).
\29\P.L. 106-293 (codified at 3 U.S.C. 102 note). The law also
sought to help political appointees quickly get up to speed by
encouraging briefings, training and other orientation activities for
prospective appointees and providing for a transition directory, to be
developed by the Administrator of General Services Administration, with
information on the functions, organization and responsibilities of each
department and agency.
\30\S. 1811, 107th Congress.
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The Intelligence Reform and Terrorism Prevention Act of
2004 (IRTPA),\31\ reported by this Committee and enacted in
response to the recommendations of the 9/11 Commission,
included a number of provisions intended to address the
Commission's concerns about potential disruptions to national
security policy making during presidential transitions and the
need to allow new appointees to assume their positions, and get
up to speed, as quickly as possible. Among other things, it
provided for the expedited processing of security clearances
for potential nominees for high-level national security
positions; expressed the Sense of the Senate that nominations
for national security positions be submitted by Inauguration
Day and voted on by the Senate within 30 days thereafter; and
required that each agency submit a plan for reducing the number
of positions in the agency requiring Senate confirmation.\32\
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\31\P.L. 108-458.
\32\P.L. 108-458, Sec. Sec. 7601, 8403, codified at 3 U.S.C.
Sec. 102 note and 5 U.S.C. Sec. 1101 note.
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Most recently, the Pre-Election Presidential Transition Act
of 2010,\33\ was favorably reported by voice vote out of the
Committee and enacted into law. It seeks to reduce the delays
in the appointment process in the early months of an
administration by adopting measures to encourage presidential
candidates, as well as outgoing administrations, to begin
planning for the transition (including possible nominations)
even before Election Day.
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\33\P.L. 111-283.
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S. 679, the Presidential Appointment Efficiency and
Streamlining Act, follows and expands on these previous,
measured efforts. Although reported from this Committee, it is
the product of a Senate-wide process, which resulted from the
decision of Majority Leader Reid and Minority Leader McConnell
to form a Senate working group, led by Rules Committee Chairman
Schumer and Ranking Minority Member Alexander, to examine the
appointments process and ways to improve, streamline, and in
some cases eliminate confirmations for lower level
nominees.\34\
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\34\157 Cong. Rec. S15. (January 5, 2011) (statements of Senators
Reid and McConnell). The working group also produced S. Res. 116,
reported out of the Committee on Rules and Administration on May 12,
2011. S. Res. 116 prescribes expedited procedures for Senate
consideration of nominees to part-time, bipartisan boards and
commissions. Nominations for these positions are considered
``privileged nominations'' and are placed in a new section of the
Executive Calendar when the nomination is received in the Senate rather
than being referred to committee. The nomination remains in this
section until ten days after the nominee submits biographical and
financial information to the committee of jurisdiction. During this
time any Senator may request the nomination be referred to committee.
If this does not happen, the nomination is then placed on the Executive
Calendar awaiting Senate confirmation.
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The Presidential Appointment Efficiency and Streamlining
Act of 2011, together with S. Res. 116, reported out of the
Committee on Rules and Administration on May 12, 2011, is the
result of the Senate working group's study of the appointments
process. S. 679's central provisions eliminate the requirement
of Senate confirmation for 220 presidentially appointed
executive branch positions across the federal government. Most
of these positions fall into one of four categories: 1)
Legislative and Public Affairs positions; 2) internal
management positions such as Chief Financial Officers and Chief
Information Officers; 3) Directors, Administrators,
Commissioners or other positions at or below the Assistant
Secretary level that report to a Senate-confirmed Assistant
Secretary or other Senate-confirmed position and/or are
responsible for a relatively small office; 4) members of part-
time boards and commissions that play advisory-only roles. In
addition, the bill eliminates Senate confirmation for the
appointment and promotion of approximately 6500 Public Health
Service commissioned officers and over 300 members of the
National Oceanic and Atmospheric Administration Officer Corps.
Eliminating confirmation for such non-policymaking or lower
level positions will help reverse the growth in the overall
number of Senate-confirmed positions. It will also free up
resources within the White House, Federal Bureau of
Investigation (FBI), OGE and the Senate that can instead be
focused on vetting, clearing, and confirming nominees for
higher level positions--and thereby, it is hoped, speed up the
appointments process for those nominees.
In the debate over improving the nominations process, some
have expressed the view that, by eliminating the confirmation
requirement for certain positions, the Senate would be
abdicating its constitutional responsibilities for confirmation
of nominees and, more generally, for oversight of the executive
branch.\35\ The Committee disagrees. The Constitution's
Appointments Clause provides that the President
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\35\See, e.g., David Addington, Speed Up Nominations and
Confirmations But Do Not Enact S.679, Heritage Foundation Web Memo
(April 1, 2011). Available at http://thf_media.s3.amazonaws.com/2011/
pdf/wm3211.pdf, accessed June 10, 2011.
shall nominate, and by and with the Advice and Consent
of the Senate, shall appoint Ambassadors, other public
Ministers and Consuls, Judges of the supreme Court, and
all other Officers of the United States, whose
Appointments are not herein otherwise provided for, and
which shall be established by Law: but the Congress may
by Law vest the Appointment of such inferior Officers,
as they think proper, in the President alone, in the
Courts of Law, or in the Heads of Departments.\36\
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\36\U.S. Constitution, art. II, Sec. 2, cl. 2.
The Constitution thus specifically contemplates that
Congress may choose not to require Senate confirmation for
``inferior Officers''--described by the Supreme Court as
``officers whose work is directed and supervised at some level
by others who were appointed by presidential nomination with
the advice and consent of the Senate''\37\--and provides that
Congress may decide whether or not to require confirmation ``as
they think proper.'' S. 679, by vesting the appointment of
certain inferior officers in the President alone, fits squarely
within the dictates of the Appointments Clause. By passing S.
679, the Senate, rather than abdicating its constitutional
responsibility for confirmation, would be choosing to exercise
it responsibly, reserving this power for senior, policymaking
positions.
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\37\Edmond v. United States, 520 U.S. 65, 663 (1997).
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Nor does the Committee believe that in reducing the number
of Senate-confirmed positions in the executive branch the
Senate would somehow be foregoing its more general
responsibility to oversee executive departments and agencies,
or otherwise inappropriately transferring power from the
legislative to the executive branch. The Senate would retain
all its considerable oversight tools for ensuring agency
accountability--including the ability to hold hearings,
subpoena witnesses and documents, require reports from
agencies, and request Government Accountability Office audits
and investigations. And it would continue to exercise its power
to advise and consent on approximately 1000 executive branch
positions--among them the positions to which report those 200
or so nominees who would no longer themselves have to be
confirmed. The Committee does not expect the reduction in the
number of Senate-confirmed appointments to have any adverse
impact on Senate committees' ability to conduct thorough
oversight of agencies and departments or conduct investigations
when appropriate.\38\ Indeed, with fewer nominees to consider,
Senate committees may well have more time available to focus on
other legislative and oversight activities.
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\38\Some concern has been expressed that, without Senate
confirmation, it would be more difficult to get appointees to testify
before Congress. It is true that many nominees, in the course of their
confirmations, are required by Committees to agree to testify before
Congress and to reply to requests for information once confirmed. It is
also true, however, that executive branch officials, whether or not
confirmed, are expected to respond to reasonable requests of Congress
to appear and testify and to provide information. Congress has the
ability in most instances to compel witness testimony, and officials in
non-Senate-confirmed positions (at least those outside certain sections
of the Executive Office of the President) regularly testify before
Congress.
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In addition to reducing the number of Senate-confirmed
positions--an aspect of nominations reform that Congress can
effectuate through legislation--S. 679 also includes provisions
designed to encourage both the executive and legislative
branches to consider ways of streamlining other aspects of the
nominations process. Of particular concern are the numerous,
duplicative, and time-consuming forms that potential nominees
are required to fill out. A study by Terry Sullivan, Executive
Director of the White House Transition Project,\39\ found that
nominees ``face a range of entities to which they must report
and a dazzling array of questions they must answer. Most
nominees submit to at least four reviews, each represented by a
separate packet of government forms'' including a White House
Personal Data Statement, a questionnaire from the FBI (SF-86),
another package from the Office of Government Ethics (SF-278),
and at least one questionnaire from the Senate committee of
jurisdiction.\40\ In studying these questionnaires, Sullivan
found ``about half of the questions that nominees answer
involve `recurring' questions (those designated to be redundant
and repetitive),'' with two-thirds of these questions being
redundant (i.e., questions that do not vary the detail required
such as a nominee's social security number) with the rest being
repetitive (i.e., similar questions asked differently such as a
nominee's property ownership).\41\ Several commentators--
including Sullivan--have proposed ways of reducing this
duplication, including by the use of common, electronic
forms.\42\
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\39\Established in 1997, the nonpartisan White House Transition
Project is a combined effort of scholars, universities, and policy
institutions to study and make recommendations for a presidential
transition. It provides resources such as institutional memory,
perspective on past transitions and research covering aspects of
transitions and governing to presidential campaigns, president elect,
and new administrations. It also provides analysis on the appointments
process and acts as a clearinghouse on other transition resources.
Additional information can be found at the Project's website http://
whitehousetransitionproject.org/
\40\Terry Sullivan, Reducing the Adversarial Burden on Presidential
Appointees: Feasible Strategies for Fixing the Presidential
Appointments Process, Public Administration Review, pp. 1126-1127
(November/December 2009) [hereinafter, ``Sullivan'']; see also
Statement of Max Stier, HSGAC March 2011 hearing, p. 3. (``the vetting
process is onerous and requires three lengthy questionnaires and
detailed financial and tax information in addition to an FBI background
check and additional Senate questionnaires and disclosure requirements
on a wide range of issues'').
\41\See Sullivan, p. 1127.
\42\Sullivan, pp. 1131-1132; see also Galston and Dionne, p. 14
(suggesting the process can be significantly improved by ``instituting
uniform forms for all Senate committees of jurisdiction over nominees.
. . . better still would be a single form agreed upon between the White
House and the Senate''); Statement of the Honorable Clay Johnson III
(former Assistant to the President for Presidential Personnel, former
Deputy Director for Management, Office of Management and Budget, and
Co-Chair, Commission to Reform the Federal Appointments Process), HSGAC
March 2011 hearing, pp. 2-3 (advocating use of an electronic
application or ``smart form''); Statement of Max Stier, HSGAC March
2011 hearing, p. 5 (recommending that Congress order an interagency
effort to consolidate background questionnaires into a single, secure
electronic form, with each investigating agency given the opportunity
to add jurisdiction-specific agenda); Statement of Norman J. Ornstein,
HSGAC March 2011 hearing, pp. 3-4 (advocating use of software to enable
one-time entry of all basic information and noting the development of a
prototype several years ago).
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The Presidential Appointment Efficiency and Streamlining
Act establishes an executive branch working group to study and
report to the President and Congress on streamlining paperwork
required for those under consideration for Senate-confirmed
positions. The bill would require the working group to make
recommendations for streamlining paperwork required for
executive nominations and a detailed plan for creating and
implementing an electronic system for collecting and
distributing background information from potential and actual
nominees for presidential appointments requiring Senate
confirmation. Likened by some to software such as Turbo Tax,
such an electronic system, or ``smart form,'' would allow a
nominee to enter answers to the same or similar questions one
way and one time and then, ideally, would populate this
information into each of the various forms the nominee is asked
to fill out during the course of the nomination process. The
use of a smart form could reduce the number of redundant
questions a nominee must answer and thereby shorten both the
time it takes for a president to nominate a candidate and the
time it takes for the relevant Senate committee to receive, and
review, the nominee's biographical information.
Finally, S. 679 directs the working group to conduct a
review and report on the impact of background investigation
requirements on the appointments process. FBI background checks
for individuals nominated to a position in the executive branch
are not statutorily required but are a matter of presidential
practice, with their roots in an executive order issued by
President Eisenhower.\43\ It is now standard practice for
nominees to receive a ``full-field'' background check prior to
the nomination being submitted to Congress. Some observers have
noted the potentially time consuming nature of FBI background
checks, as well as the strain large numbers of these can place
on FBI resources, particularly at the start of an
administration.\44\ The bill requires the working group to
consider the extent to which the scope of the background
investigation should be varied depending on the nature of the
position for which the individual is being considered. In other
words, should a nominee to be, for example, a member of the
Postal Rate Commission receive the same level of scrutiny and
thoroughness of investigation as a nominee to be the Deputy
Secretary of Defense or other high-level national security
position? Norman Ornstein, in testimony submitted to the
Committee, recommended, for example, using a sliding scale from
full investigations for key posts down to simple computer
background checks for more minor posts.\45\ The working group
is also to determine whether it would be practical to use
personnel other than FBI agents to conduct background
investigations of those under consideration for a presidential
appointment requiring Senate confirmation, as a means of
handling the volume of background checks quickly and reducing
the burdens on FBI resources. Currently, the Office of
Personnel Management handles background investigations for many
individuals other than those being considered for
presidentially appointed, Senate-confirmed positions.\46\
---------------------------------------------------------------------------
\43\Exec. Order No. 10540 (April 27, 1953) (requiring heads of
agencies and the Office of Personnel Management, with support from the
FBI, to investigate federal employees to determine whether they pose a
security risk).
\44\See, e.g., Statement of Norman J. Ornstein, HSGAC March 2011
hearing, p. 4; Galston and Dionne, p. 4.
\45\Statement of Norman J. Ornstein, HSGAC March 2011 hearing, p.
4; see also Galston and Dionne, p. 5 (suggesting a ``tiered system of
background checks, with the most stringent reserved only for top-level
positions'').
\46\See Galston and Dionne, p. 13.
---------------------------------------------------------------------------
III. Legislative History
On March 2, 2011, the Senate Homeland Security and
Governmental Affairs Committee held a hearing titled
``Eliminating the Bottlenecks: Streamlining the Nominations
Process'' to examine the problems with and explore potential
improvements to the current process by which Executive Branch
officials are nominated and confirmed. Clay Johnson, the former
head of White House Office of Presidential Personnel and former
Deputy Director for Management at the Office of Management and
Budget, Max Stier, President of the Partnership for Public
Service, and Robert Dove, former Senate Parliamentarian,
testified at the hearing. Additionally, Norman Ornstein,
resident scholar at the American Enterprise Institute, provided
written testimony.
On March 30, 2011, Senators Schumer and Alexander
introduced S. 679, which was referred to the Senate Committee
on Homeland Security and Governmental Affairs. Senators
Lieberman, Collins, Reid, McConnell, Bingaman, Blumenthal,
Scott Brown, Carper, Durbin, Johanns, Kyl, Lugar, Reed, and
Whitehouse were original co-sponsors of the legislation. The
Committee considered the legislation at a business meeting on
April 13, 2011. The Committee adopted by unanimous consent a
substitute amendment offered by Senators Lieberman and Collins
and by voice vote an amendment offered by Senator Carper and
then ordered the bill favorably reported by voice vote, with
Senator Coburn recorded as a ``no'' vote (along with Senators
Ensign and Paul who asked to be recorded as no votes by proxy).
Members present for the vote on the bill were Senators
Lieberman, Levin, Akaka, Carper, Landrieu, Begich, Collins,
Coburn, McCain, and Johnson.
The substitute amends S. 679 to retain Senate confirmation
for the following positions, based on additional, clarifying
information about the nature of the positions provided by the
Committees with jurisdiction over the nominations: 1) Assistant
Secretary for Communication and Information at the Department
of Commerce; 2) four Associate Directors at the Office of
Science and Technology Policy; and 3) Assistant Secretary for
Information and Technology at the Department of Veterans
Affairs. In addition, the substitute removes the Chief Human
Capital Officer at the Department of Housing and Urban
Development from the roster of positions for which Senate
confirmation should be eliminated, as that position is not
currently required to be Senate confirmed. The substitute also
amends S. 679 to eliminate Senate confirmation for the Director
of the Office of Selective Service Records at the Department of
Defense and the Assistant Secretary for Operations, Security
and Preparedness at the Department of Veterans Affairs, and to
convert the Chief Financial Officer of the National Aeronautics
and Space Administration (NASA) from a political to a career
position. Finally, the substitute makes certain other technical
and clarifying changes.
The Carper amendment establishes a fixed five-year term for
the Director of the Census Bureau, to coincide with each of two
distinct phases of the decennial census. Additionally, the
amendment requires that future Census Directors have a
demonstrated ability in managing large organizations and
experience in the collection, analysis, and use of statistical
data. It does not alter the existing requirement for Senate
confirmation of the Census Director.
IV. Section-by-Section Analysis
Section 1. Short title
This section states that this bill may be cited as the
``Presidential Appointment Efficiency and Streamlining Act of
2011.''
Sec. 2. Presidential appointments not subject to Senate approval
This section eliminates the requirement of Senate
confirmation for 220 presidentially appointed positions across
the executive branch, as well as for the appointment and
promotion of more than 2800 uniformed officers of the Public
Health Service and National Oceanic and Atmospheric
Administration.
Subsection (a) removes the requirement for Senate
confirmation for the following positions at the Department of
Agriculture: (1) Assistant Secretary for Congressional
Relations; (2) Assistant Secretary for Administration; (3)
Rural Utilities Service Administrator; and (4) the seven
members of the Board of Directors of the Commodity Credit
Corporation.
Subsection (b) eliminates Senate confirmation for the
following positions in the Department of Commerce: (1)
Assistant Secretary for Legislative Affairs; and (2) Chief
Scientist, National Oceanic and Atmospheric Administration.
Subsection (c) eliminates Senate confirmation for several
positions within the Department of Defense: (1) the Assistant
Secretary for Legislative Affairs; (2) the Assistant Secretary
for Public Affairs; (3) the Assistant Secretary for Networks
and Information Integration; (4) the Director of the Office of
Selective Service Records; and (5) six members of the National
Security Education Board. Additionally this subsection changes
the titles of the Assistant Secretaries for Financial
Management of the Army, Navy, and Air Force to ``Comptroller''
of the Army, Navy and Air Force, respectively, and no longer
requires that these three positions be Senate confirmed.
Subsection (d) removes the requirement for Senate
confirmation for the following positions at the Department of
Education: (1) Assistant Secretary for Legislation and
Congressional Affairs; (2) Assistant Secretary for Management;
(3) Commissioner, Rehabilitation Services Administration; and
(4) Commissioner for Education Statistics.
Subsection (e) eliminates Senate confirmation for the
Assistant Secretary for Congressional and Intergovernmental
Affairs at the Department of Energy.
Subsection (f) eliminates Senate confirmation for the
following positions at the Department of Health and Human
Services: (1) Assistant Secretary for Public Affairs; (2)
Assistant Secretary for Legislation; (3) Commissioner,
Administration for Children, Youth and Families; and (4)
Commissioner, Administration for Native Americans.
Subsection (g) eliminates Senate confirmation for the
following positions at the Department of Homeland Security: (1)
Assistant Administrator, Grant Programs, Federal Emergency
Management Agency;\47\ (2) Administrator of the United States
Fire Administration; (3) Director of the Office of
Counternarcotics Enforcement; and (4) Chief Medical Officer.
---------------------------------------------------------------------------
\47\This position was previously known as the Director of the
Office for Domestic Preparedness, a title that remains in the Homeland
Security Act. See 6 U.S.C. Sec. 238.
---------------------------------------------------------------------------
Subsection (h) eliminates the requirement of Senate
confirmation for (1) the Assistant Secretary for Congressional
and Intergovernmental Relations and (2) the Assistant Secretary
for Public Affairs at the Department of Housing and Urban
Development.
Subsection (i) eliminates Senate confirmation for several
positions in the Department of Justice: (1) Assistant Attorney
General, Legislative Affairs; (2) Director of the Bureau of
Justice Statistics; (3) Director of the Bureau of Justice
Assistance; (4) Director of the National Institute of Justice;
(5) Administrator of the Office of Juvenile Justice and
Delinquency Prevention; and (6) Director of the Office for
Victims of Crime.
Subsection (j) provides that the following positions within
the Department of Labor are no longer subject to Senate
confirmation: (1) Assistant Secretary for Administration and
Management; (2) Assistant Secretary for Congressional Affairs;
(3) Assistant Secretary for Public Affairs; and (4) Director of
the Women's Bureau.
Subsection (k) eliminates Senate confirmation for three
Assistant Secretaries at the Department of State: (1) the
Assistant Secretary for Legislative and Intergovernmental
Affairs, (2) the Assistant Secretary for Public Affairs, and
(3) the Assistant Secretary for Administration.
Subsection (l) provides that the following positions at the
Department of Transportation will no longer be subject to
Senate confirmation: (1) Assistant Secretary for Budget and
Programs; (2) Assistant Secretary for Governmental Affairs; and
(3) Deputy Administrator, Federal Aviation Administration.
Subsection (m) makes the following positions within the
Department of Treasury no longer subject to confirmation by the
Senate: (1) the Assistant Secretary for Legislative Affairs;
(2) the Assistant Secretary for Public Affairs; (3) the
Assistant Secretary for Management; (4) the Treasurer of the
United States; and (5) the Director of the Mint.
Subsection (n) removes the requirement of Senate
confirmation for the following Assistant Secretaries in the
Department of Veterans Affairs: (1) the Assistant Secretary for
Management; (2) the Assistant Secretary for Human Resources and
Administration; (3) the Assistant Secretary for Public and
Intergovernmental Affairs; (4) the Assistant Secretary for
Congressional and Legislative Affairs; and (5) the Assistant
Secretary for Operations, Security and Preparedness.
Subsection (o) eliminates Senate confirmation for the
Alternate Federal Co-Chairman of the Appalachian Regional
Commission.
Subsection (p) eliminates Senate confirmation for the two
members of the Council of Economic Advisors other than the
chairman.
Subsection (q) eliminates Senate confirmation for the two
Managing Directors of the Corporation for National and
Community Service.
Subsection (r) eliminates Senate confirmation for the 15
members of the National Council on Disability.
Subsection (s) eliminates Senate confirmation for 20
members of the National Museum and Library Services Board.
Subsection (t) eliminates Senate confirmation for the 24
members of the National Science Board.
Subsection (u) eliminates Senate confirmation for the
position of Controller, Office of Federal Financial Management
at the Office of Management and Budget.
Subsection (v) provides that the four Deputy Directors of
the Office of National Drug Control Policy are no longer
subject to Senate confirmation.
Subsection (w) eliminates Senate confirmation for the
Commissioner of the Office of Navajo and Hopi Relocation.
Subsection (x) eliminates Senate confirmation for (1) the
Assistant Administrator for Legislative and Public Affairs and
(2) the Assistant Administrator for Management at the U.S.
Agency for International Development.
Subsection (y) eliminates Senate confirmation for the
Administrator of the Community Development Financial
Institution Fund.
Subsection (z) eliminates Senate confirmation for the
Administrator of the St. Lawrence Seaway Development
Corporation at the Department of Transportation.
Subsection (aa) eliminates Senate confirmation for the
seven Commissioners of the Mississippi River Commission.
Subsection (bb) eliminates Senate confirmation for the
Governor and Alternate Governor of the African Development
Bank.
Subsection (cc) eliminates Senate confirmation for the
Governor and Alternate Governor of the Asian Development Bank.
Subsection (dd) eliminates Senate confirmation for the
Governor and Alternate Governor of the International Monetary
Fund and the International Bank for Reconstruction and
Development.
Subsection (ee) eliminates Senate confirmation for the
Governor and Alternate Governor of the African Development
Fund.
Subsection (ff) removes the requirement of Senate
confirmation for the appointment of the 15 members to the
National Board for Education Sciences.
Subsection (gg) eliminates Senate confirmation for 10
members of the National Institute for Literacy Advisory Board.
Subsection (hh) eliminates Senate confirmation for 13
members of the Board of Trustees of the Institute of American
Indian and Alaska Native Culture and Arts Development.
Subsection (ii) eliminates Senate confirmation for the
Federal Coordinator for Alaska Natural Gas Transportation
Projects.
Subsection (jj) provides that appointments to and
promotions within the Public Health Service Commissioned
Officer Corps are no longer subject to the advice and consent
of the Senate. Currently the appointments and permanent
promotions of approximately 2536 commissioned officers in the
Public Health Service require Senate action.
Subsection (kk) eliminates the need for the advice and
consent of the Senate for appointments and promotions of
approximately 321 members of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps.
Subsection (ll) eliminates the requirement for Senate
confirmation for those department or agency Chief Financial
Officers (CFOs) who are currently required to be Senate
confirmed and instead authorizes the President to appoint those
CFOs, with one exception: the CFO at NASA is to be appointed by
the head of the agency from the competitive or senior executive
service.\48\
---------------------------------------------------------------------------
\48\31 U.S.C. Sec. 901 establishes two categories of CFOs: (1)
those who are to be appointed by the President (the seventeen currently
specified in statute include those at each of the fifteen Cabinet
departments, as well as those at the Environmental Protection Agency
and NASA) and (2) those at seven other agencies who are to be appointed
by the head of the agency from the competitive service or the senior
executive service. S. 697 would eliminate Senate confirmation for the
first category of CFOs and would move the NASA CFO to the second
category. In addition, 28 U.S.C. Sec. 507 (added by the Consolidated
Appropriations of 2000, P.L. 106-113, Div. B, Sec. 1000(a)(1)) provides
that, notwithstanding 31 U.S.C. Sec. 901, the Assistant Attorney
General for Administration, a career position in the competitive
service, shall be the CFO of the Department of Justice.
---------------------------------------------------------------------------
Section 3. Appointment of the Director of the Census
This section establishes a five-year fixed term for the
Director of the Census Bureau, to coincide with the two phases
(planning and operational) of the decennial census. It is
designed to ensure consistent leadership of the Census Bureau
and is consistent with the fixed terms provided for the heads
of other federal statistical agencies.
Subsection (a) amends 13 U.S.C. Sec. 21 to provide that the
Census Director is to be appointed for a five-year term and may
not serve more than two full terms. It further establishes
qualifications for the Census Director, providing that the
person appointed is to have demonstrated ability in managing
large organizations and experience in the collection, analysis,
and use of statistical data. This subsection also provides for
removal of the Census Director by the President, and requires
that the President notify Congress in writing of the reasons
for such removal at least 60 days before removal. The provision
does not alter the requirement that the President appoint the
Census Director with the advice and consent of the Senate.
Subsection (b) explains the procedures and timing for the
transition from the current Census Director to one appointed
for a fixed term.
Section 4. Working Group on Streamlining Paperwork for Executive
Nominations
This section establishes a Working Group on Streamlining
Paperwork for Executive Nominations (``the Working Group'') to
look at certain possible ways of reducing burdens and delays in
the appointments process.
Subsection (a) establishes the Working Group.
Subsection (b) provides for the composition of the Working
Group. Specifically, this subsection designates the Director of
the Office of Presidential Personnel as the chairperson of the
Working Group, unless the President chooses to designate
another federal officer. The Working Group is also to include
representatives designated by the President from the Office of
Personnel Management, the Office of Government Ethics, and the
FBI, as well as individuals appointed by the chairperson of the
Working Group who have experience and expertise relating to the
Working Group, including individuals from other relevant
Federal agencies and individuals with relevant experience from
previous presidential administrations.
Subsection (c) directs the Working Group to conduct a study
on streamlining the paperwork required for executive
nominations, and to submit a report of its findings within 90
days to the President and to the Senate Committees on Homeland
Security and Governmental Affairs and Rules and Administration.
The report is to include recommendations for streamlining
paperwork required for executive nominations and a detailed
plan for creating and implementing an electronic system for
collecting and distributing background information from
potential and actual presidential nominees for presidential
appointments requiring Senate confirmation. This electronic
system is required, among other things, to provide for faster
delivery of background information to Congress, the White House
and others and to ensure the existence of a single ``Smart
Form'' that makes it possible for a nominee to answer
duplicative vetting questions once. In conducting the study
required under this section, the Working Group is to consult
with the Chairpersons and Ranking Members of the Senate
Committee on Homeland Security and Governmental Affairs and the
Senate Committee on Rules and Administration.
Subsection (d) directs the Working Group to review the
impact of background investigation requirements on the
appointments process. In the review, the Working Group is to
assess the feasibility, in appropriate circumstances, of using
non-FBI personnel to conduct background investigations of those
under consideration for a presidential appointment requiring
Senate confirmation. The review is also to consider the extent
to which the scope of the background investigations should be
varied depending on the nature of the position for which the
individual is being considered. After conducting this study and
not later than 270 days after the date of enactment of this
Act, the Working Group is to submit a report of the findings of
the review under this subsection to the President, the Senate
Homeland Security and Governmental Affairs Committee, and the
Senate Committee on Rules and Administration.
Subsection (e) addresses personnel matters for the Working
Group, including providing that no member of the Working Group,
whether a federal officer and employee or not, is to be
compensated for services performed for the Working Group. This
subsection also authorizes the President to designate Federal
officers and employees to provide support services for the
Working Group and provides for federal employees to be detailed
to the Working Group without reimbursement.
Subsection (f) states that the Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Working Group
established under this section.
Subsection (g) provides that the Working Group shall
terminate 60 days after the date on which it submits the latter
of the two reports required under this section.
Section 5. Effective date
This section states that any amendment made by Section 2 of
this Act (relating to appointments no longer subject to Senate
confirmation) shall take effect 60 days after the date of
enactment and apply to appointments made on and after the
effective date, including any nomination pending in the Senate
on that date. Provisions in Sections 3 and 4 (relating,
respectively, to the Census Director and to the Working Group)
are to take effect on the date of enactment.
V. Regulatory Impact and Evaluation
Pursuant to the requirement of paragraph 11(b)(1) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and has
determined that the bill will have no regulatory impact. CBO
states that the bill contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act
and would impose no costs on state, local, or tribal
governments.
VI. Congressional Budget Office Cost Estimate
May 2, 2011.
Hon. Joseph I. Lieberman,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 679, the
Presidential Appointment Efficiency and Streamlining Act of
2011.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 679--Presidential Appointment Efficiency and Streamlining Act of
2011
S. 679 would reduce the number of Presidential appointees
that require Senate confirmation and establish a working group
to consider ways to streamline the Presidential appointment
process. Based on information from federal entities involved in
the appointment process, CBO estimates that implementing the
bill would have no significant impact on the federal budget.
Enacting S. 679 would not affect direct spending or revenues;
therefore, pay-as-you-go procedures do not apply.
S. 679 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The bill would reduce the number of Presidential appointees
requiring Senate confirmation from about 1,200 (excluding
judges) to around 1,000. The legislation also would eliminate
the statutory requirement that the Senate confirm several
thousand commissioned officers of the Public Health Service and
the National Oceanic and Atmospheric Administration.
CBO expects that enacting the bill could reduce the
workloads of certain federal employees; however, because those
employees would probably be retained and assigned other tasks,
we estimate that implementing the legislation would lead to a
negligible reduction in spending subject to appropriation.
The legislation also would establish a working group to
examine the process for conducting background investigations of
Presidential appointees and study ways to streamline paperwork
associated with the appointment process. Because the working
group would be staffed by existing government employees and
unpaid experts, CBO estimates that implementing this provision
would have no significant cost.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
VII. Changes to Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
S. 679 as reported are shown as follows (existing law proposed
to be omitted is enclosed in brackets, new matter is printed in
italic, and existing law in which no change is proposed is
shown in roman):
THE CODE OF LAWS OF THE UNITED STATES OF AMERICA
* * * * * * *
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
Subpart D--Pay and Allowances
* * * * * * *
CHAPTER 53--PAY RATES AND SYSTEMS
* * * * * * *
Subchapter II--Executive Schedule Pay Rates
* * * * * * *
Sec. 5315. Positions at level IV
Level IV of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2 (2 USCS Sec. Sec. 351 et seq.), as adjusted by section
5318 of this title (5 USCS Sec. 5318):
Assistant Secretaries of the Air Force [(4)] (3).
Assistant Secretaries of the Army [(5)] (4).
Assistant Secretaries of the Navy [(4)] (3).
Comptroller of the Air Force
Comptroller of the Army
Comptroller of the Navy
* * * * * * *
APPENDIX I--REORGANIZATION PLANS
* * * * * * *
REORGANIZATION PLAN NO. 4 OF 1970
* * * * * * *
National Oceanic and Atmospheric Administration
* * * * * * *
Sec. 2. Establishment of Administration
(a) * * *
(b) * * *
(c) * * *
(d) There shall be in the Administration a Chief Scientist
of the National Oceanic and Atmospheric Administration who
shall be appointed by the President[, by and with the advice
and consent of the Senate,] and shall be compensated at the
rate now or hereafter provided for Level V of the Executive
Schedule Pay Rates (5 U.S.C. 5316). The Chief Scientist shall
be the principal scientific adviser to the Administrator, and
shall perform such other duties as the Administrator may
direct. The Chief Scientist shall be an individual who is, by
reason of scientific education and experience, knowledgeable in
the principles of oceanic, atmospheric, or other scientific
disciplines important to the work of the Administration.
* * * * * * *
TITLE 6--DOMESTIC SECURITY
* * * * * * *
CHAPTER 1--HOMELAND SECURITY ORGANIZATION
* * * * * * *
Subchapter IV--Directorate of Border and Transportation Security
* * * * * * *
PART C--MISCELLANEOUS PROVISIONS
* * * * * * *
Sec. 238. Office for Domestic Preparedness
(a) * * *
(b) Director.--There shall be a Director of the Office for
Domestic Preparedness, who shall be appointed by the
President[, by and with the advice and consent of the Senate].
The Director of the Office for Domestic Preparedness shall
report directly to the Under Secretary for Border and
Transportation Security.
* * * * * * *
Subchapter V--National Emergency Management
* * * * * * *
Sec. 321e. Chief Medical Officer
(a) In General.--There is in the Department a Chief Medical
Officer, who shall be appointed by the President[, by and with
the advice and consent of the Senate].
* * * * * * *
Subchapter VIII--Coordination With Non-Federal Entities; Inspector
General; United States Secret Service; Coast Guard; General Provisions
* * * * * * *
PART H--MISCELLANEOUS PROVISIONS
* * * * * * *
Sec. 458. Office of Counternarcotics Enforcement
(a) Office.--There is established in the Department an
Office of Counternarcotics Enforcement, which shall be headed
by a Director appointed by the President[, by and with the
advice and consent of the Senate].
* * * * * * *
TITLE 7--AGRICULTURE
* * * * * * *
CHAPTER 98--DEPARTMENT OF AGRICULTURE REORGANIZATION
* * * * * * *
Subchapter I--General Reorganization Authorities
* * * * * * *
Sec. 6918. Assistant Secretaries of Agriculture
(a) Authorization.--The Secretary is authorized to
establish in the Department the positions of--
(1) Assistant Secretary of Agriculture for
Congressional Relations;
(2) Assistant Secretary of Agriculture for
Administration; and
(3) Assistant Secretary of Agriculture for Civil
Rights.
(b) Confirmation Required.--If the Secretary establishes
any position of Assistant Secretary authorized under subsection
(a)(3), the Assistant Secretary shall be appointed by the
President, by and with the advice and consent of the Senate.
[(c) Succession.--Any official who is serving as Assistant
Secretary of Agriculture for Administration or Assistant
Secretary of Agriculture for Congressional Relations on the
date of the enactment of this Act (enacted Oct. 13, 1994) and
who was appointed as such Assistant Secretary by the President,
by and with the advice and consent of the Senate, shall not be
required to be reappointed under subsection (b) to the
successor position authorized under subsection (a) if the
Secretary establishes the position, and the official occupies
the new position, within 180 days after the date of the
enactment of this Act (enacted Oct. 13, 1994) (or such later
date set by the Secretary if litigation delays rapid
succession).]
[(d)](c) Duties of Assistant Secretary for Agriculture for
Civil Rights
* * * * * * *
Subchapter III--Rural Economic and Community Development
* * * * * * *
Sec. 6942. Rural Utilities Service
(a) * * *
(b) Administrator.--
(1) Appointment.--The Rural Utilities Service shall
be headed by an Administrator who shall be appointed by
the President[, by and with the advice and consent of
the Senate].
[(2) Succession.--Any official who is serving as
Administrator of the Rural Electrification
Administration on the date of the enactment of this Act
and who was appointed by the President, by and with the
advice and consent of the Senate--
(A) may be considered to be serving in the
successor position established under paragraph
(1); and
(B) shall not be required to be reappointed
to that position by reason of the enactment of
this Act.]
* * * * * * *
TITLE 10--ARMED FORCES
* * * * * * *
Subtitle A--General Military Law
* * * * * * *
PART 1--ORGANIZATION AND GENERAL MILITARY POWERS
* * * * * * *
CHAPTER 4--OFFICE OF THE SECRETARY OF DEFENSE
* * * * * * *
Sec. 138. Assistant Secretaries of Defense
(a)(1) There are 16 Assistant Secretaries of Defense.
[(2) The Assistant Secretaries of Defense shall be
appointed from civilian life by the President, by and with the
advice and consent of the Senate.]
(2)(A) Except as provided in subparagraph (B), the
Assistant Secretaries of Defense shall be appointed from
civilian life by the President, by and with the advice and
consent of the Senate.
(B) The Assistant Secretary of Defense referred to in
subsection (b)(5), the Assistant Secretary of Defense for
Public Affairs, and the Assistant Secretary for Defense in
Networks and Information Integration shall each be appointed
from civilian life by the President.
* * * * * * *
Subtitle B--The Army
* * * * * * *
PART I--ORGANIZATION
* * * * * * *
CHAPTER 303--DEPARTMENT OF THE ARMY
* * * * * * *
[Sec. 3016. Assistant Secretaries of the Army] Sec. 3016. Assistant
Secretaries of the Army; Comptroller of the Army
(a) There are [five] four Assistant Secretaries of the
Army. They shall be appointed from civilian life by the
President, by and with the advice and consent of the Senate.
(b)(1) The Assistant Secretaries shall perform such duties
and exercise such powers as the Secretary of the Army may
prescribe.
(2) One of the Assistant Secretaries shall be the Assistant
Secretary of the Army for Manpower and Reserve Affairs. He
shall have as his principal duty the overall supervision of
manpower and reserve component affairs of the Department of the
Army.
(3) One of the Assistant Secretaries shall be the Assistant
Secretary of the Army for Civil Works. He shall have as his
principal duty the overall supervision of the functions of the
Department of the Army relating to programs for conservation
and development of the national water resources, including
flood control, navigation, shore protection, and related
purposes.
[(4) One of the Assistant Secretaries shall be the
Assistant Secretary of the Army for Financial Management. The
Assistant Secretary shall have as his principal responsibility
the exercise of the comptroller functions of the Department of
the Army, including financial management functions. The
Assistant Secretary shall be responsible for all financial
management activities and operations of the Department of the
Army and shall advise the Secretary of the Army on financial
management.]
[(5)](4)(A) One of the Assistant Secretaries shall be the
Assistant Secretary of the Army for Acquisition, Technology,
and Logistics. The principal duty of the Assistant Secretary
shall be the overall supervision of acquisition, technology,
and logistics matters of the Department of the Army.
(B) The Assistant Secretary shall have a Principal Military
Deputy, who shall be a lieutenant general of the Army on active
duty. The Principal Military Deputy shall be appointed from
among officers who have significant experience in the areas of
acquisition and program management. The position of Principal
Military Deputy shall be designated as a critical acquisition
position under section 1733 of this title (10 USCS Sec. 1733).
(C) There is a Comptroller of the Army, who shall be
appointed from civilian life by the President. The Comptroller
shall perform such duties and exercise such powers as the
Secretary of the Army may prescribe. The Comptroller shall have
as his principal responsibility the exercise of the comptroller
functions of the Department of the Army, including financial
management functions. The Comptroller shall be responsible for
all financial management activities and operations of the
Department of the Army and shall advise the Secretary of the
Army on financial management.''
* * * * * * *
Sec. 3022. Financial management
(a) The Secretary of the Army shall provide that the
[Assistant Secretary of the Army for Financial Management]
Comptroller of the Army shall direct and manage financial
management activities and operations of the Department of the
Army, including ensuring that financial management systems of
the Department of the Army comply with subsection (b). The
authority of the Assistant Secretary for such direction and
management shall include the authority to--
(1) supervise and direct the preparation of budget
estimates of the Department of the Army and otherwise
carry out, with respect to the Department of the Army,
the functions specified for the Under Secretary of
Defense (Comptroller) in section 135(c) of this title
(10 USCS Sec. 135(c));
(2) approve and supervise any project to design or
enhance a financial management system for the
Department of the Army; and
(3) approve the establishment and supervise the
operation of any asset management system of the
Department of the Army, including--
(A) systems for cash management, credit
management, and debt collection; and
(B) systems for the accounting for the
quantity, location, and cost of property and
inventory.
(b) * * *
(c) * * *
(d) The [Assistant Secretary of the Army for Financial
Management] Comptroller of the Army shall transmit to the
Secretary of the Army a report each year on the activities of
the Assistant Secretary during the preceding year. Each such
report shall include a description and analysis of the status
of Department of the Army financial management.
* * * * * * *
Subtitle C--Navy and Marine Corps
* * * * * * *
PART I--ORGANIZATION
* * * * * * *
CHAPTER 503--DEPARTMENT OF THE NAVY
* * * * * * *
[Sec. 5016. Assistant Secretaries of the Navy] Sec. 5016. Assistant
Secretaries of the Navy; Comptroller of the Navy
(a) There are [four] three Assistant Secretaries of the
Navy. They shall be appointed from civilian life by the
President, by and with the advice and consent of the Senate.
(b)(1) The Assistant Secretaries shall perform such duties
and exercise such powers as the Secretary of the Navy may
prescribe.
(2) One of the Assistant Secretaries shall be the Assistant
Secretary of the Navy for Manpower and Reserve Affairs. He
shall have as his principal duty the overall supervision of
manpower and reserve component affairs of the Department of the
Navy.
[(3) One of the Assistant Secretaries shall be the
Assistant Secretary of the Navy for Financial Management. The
Assistant Secretary shall have as his principal responsibility
the exercise of the comptroller functions of the Department of
the Navy, including financial management functions. The
Assistant Secretary shall be responsible for all financial
management activities and operations of the Department of the
Navy and shall advise the Secretary of the Navy on financial
management.]
[(4)](3)(A) One of the Assistant Secretaries shall be the
Assistant Secretary of the Navy for Research, Development, and
Acquisition. The principal duty of the Assistant Secretary
shall be the overall supervision of research, development, and
acquisition matters of the Department of the Navy.
(B) The Assistant Secretary shall have a Principal Military
Deputy, who shall be a vice admiral of the Navy or a lieutenant
general of the Marine Corps on active duty. The Principal
Military Deputy shall be appointed from among officers who have
significant experience in the areas of acquisition and program
management. The position of Principal Military Deputy shall be
designated as a critical acquisition position under section
1733 of this title (10 USCS Sec. 1733).
(c) There is a Comptroller of the Navy, who shall be
appointed from civilian life by the President. The Comptroller
shall perform such duties and exercise such powers as the
Secretary of the Navy may prescribe. The Comptroller shall have
as his principal responsibility the exercise of the comptroller
functions of the Department of the Navy, including financial
management functions. The Comptroller shall be responsible for
all financial management activities and operations of the
Department of the Navy and shall advise the Secretary of the
Navy on financial management.
* * * * * * *
Sec. 5025. Financial management
(a) The Secretary of the Navy shall provide that the
[Assistant Secretary of the Navy for Financial Management]
Comptroller of the Navy shall direct and manage financial
management activities and operations of the Department of the
Navy, including ensuring that financial management systems of
the Department of the Navy comply with subsection (b). The
authority of the Assistant Secretary for such direction and
management shall include the authority to--
(1) supervise and direct the preparation of budget
estimates of the Department of the Navy and otherwise
carry out, with respect to the Department of the Navy,
the functions specified for the Under Secretary of
Defense (Comptroller) in section 135(c) of this title;
(2) approve and supervise any project to design or
enhance a financial management system for the
Department of the Navy; and
(3) approve the establishment and supervise the
operation of any asset management system of the
Department of the Navy, including--
(A) systems for cash management, credit
management, and debt collection; and
(B) systems for the accounting for the
quantity, location, and cost of property and
inventory.
(b) * * *
(c) * * *
(d) The [Assistant Secretary of the Navy for Financial
Management] Comptroller of the Navy shall transmit to the
Secretary of the Navy a report each year on the activities of
the Assistant Secretary during the preceding year. Each such
report shall include a description and analysis of the status
of Department of the Navy financial management.
* * * * * * *
Subtitle D--Air Force
* * * * * * *
PART I--ORGANIZATION
* * * * * * *
CHAPTER 803--DEPARTMENT OF THE AIR FORCE
* * * * * * *
Sec. 8016. Assistant Secretaries of the Air Force; Comptroller of the
Air Force
(a) There are [four] three Assistant Secretaries of the Air
Force. They shall be appointed from civilian life by the
President, by and with the advice and consent of the Senate.
(b)(1) The Assistant Secretaries shall perform such duties
and exercise such powers as the Secretary of the Air Force may
prescribe.
(2) One of the Assistant Secretaries shall be the Assistant
Secretary of the Air Force for Manpower and Reserve Affairs. He
shall have as his principal duty the overall supervision of
manpower and reserve component affairs of the Department of the
Air Force.
[(3) One of the Assistant Secretaries shall be the
Assistant Secretary of the Air Force for Financial Management.
The Assistant Secretary shall have as his principal
responsibility the exercise of the comptroller functions of the
Department of the Air Force, including financial management
functions. The Assistant Secretary shall be responsible for all
financial management activities and operations of the
Department of the Air Force and shall advise the Secretary of
the Air Force on financial management.]
[(4)](3)(A) One of the Assistant Secretaries shall be the
Assistant Secretary of the Air Force for Acquisition. The
principal duty of the Assistant Secretary shall be the overall
supervision of acquisition matters of the Department of the Air
Force.
(B) The Assistant Secretary shall have a Principal Military
Deputy, who shall be a lieutenant general of the Air Force on
active duty. The Principal Military Deputy shall be appointed
from among officers who have significant experience in the
areas of acquisition and program management. The position of
Principal Military Deputy shall be designated as a critical
acquisition position under section 1733 of this title (10 USCS
Sec. 1733).
(c) There is a Comptroller of the Air Force, who shall be
appointed from civilian life by the President. The Comptroller
shall perform such duties and exercise such powers as the
Secretary of the Air Force may prescribe. The Comptroller shall
have as his principal responsibility the exercise of the
comptroller functions of the Department of the Air Force,
including financial management functions. The Comptroller shall
be responsible for all financial management activities and
operations of the Department of the Air Force and shall advise
the Secretary of the Air Force on financial management.
* * * * * * *
Sec. 8022. Financial management
(a) The Secretary of the Air Force shall provide that the
[Assistant Secretary of the Air Force for Financial Management]
Comptroller of the Air Force shall direct and manage financial
management activities and operations of the Department of the
Air Force, including ensuring that financial management systems
of the Department of the Air Force comply with subsection (b).
The authority of the Assistant Secretary for such direction and
management shall include the authority to--
(1) supervise and direct the preparation of budget
estimates of the Department of the Air Force and
otherwise carry out, with respect to the Department of
the Air Force, the functions specified for the Under
Secretary of Defense (Comptroller) in section 135(c) of
this title (10 USCS Sec. 135(c));
(2) approve and supervise any project to design or
enhance a financial management system for the
Department of the Air Force; and
(3) approve the establishment and supervise the
operation of any asset management system of the
Department of the Air Force, including--
(A) systems for cash management, credit
management, and debt collection; and
(B) systems for the accounting for the
quantity, location, and cost of property and
inventory.
(b) * * *
(c) * * *
(d) The [Assistant Secretary of the Air Force for Financial
Management] Comptroller of the Air Force shall transmit to the
Secretary of the Air Force a report each year on the activities
of the Assistant Secretary during the preceding year. Each such
report shall include a description and analysis of the status
of Department of the Air Force financial management.
* * * * * * *
TITLE 12--BANKS AND BANKING
* * * * * * *
CHAPTER 47--COMMUNITY DEVELOPMENT BANKING
* * * * * * *
Subchapter I--Community Development Banking and Financial Institutions
* * * * * * *
Sec. 4703. Establishment of national Fund for community development
banking
(a) * * *
(b) Management of Fund.--
(1) Appointment of Administrator.--The management of
the Fund shall be vested in an Administrator, who shall
be appointed by the President[, by and with the advice
and consent of the Senate]. The Administrator shall not
engage in any other business or employment during
service as the Administrator.
(2) * * *
(3) * * *
(4) * * *
* * * * * * *
TITLE 13--CENSUS
* * * * * * *
CHAPTER I--ADMINISTRATION
* * * * * * *
Subchapter II--Officers and Employees
* * * * * * *
Sec. 21. Director of the Census; duties
[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. The Director shall perform such duties as may be
imposed upon him by law, regulations, or orders of the
Secretary.]
(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 a term.
(3) Removal.--An individual serving as Director may
be removed from office by the President. The President
shall communicate in writing the reasons for any such
removal to both Houses of Congress not later than 60
days before the removal.
(c) Duties.--The Director shall perform such duties as may
be imposed upon the Director by law, regulations, or orders of
the Secretary.
* * * * * * *
TITLE 15--COMMERCE AND TRADE
* * * * * * *
CHAPTER 15--ECONOMIC RECOVERY
* * * * * * *
Subchapter II--Commodity Credit Corporation
* * * * * * *
Sec. 714g. Board of Directors
(a) Composition; appointment, tenure and compensation;
quorum; duties. The management of the Corporation shall be
vested in a board of directors (hereinafter referred to as the
``Board''), subject to the general supervision and direction of
the Secretary. The Secretary shall be an ex officio director
and shall serve as Chairman of the Board. The Board shall
consist of seven members (in addition to the Secretary), who
shall be appointed by the President [by and with the advice and
consent of the Senate]. In addition to their duties as members
of the Board, such appointed members shall perform such other
duties as may be prescribed by the Secretary. Each appointed
member of the Board shall receive compensation at such rate not
in excess of the maximum then payable under the Classification
Act of 1923, as amended, as may be fixed by the Secretary,
except that any such member who holds another office or
position under the Federal Government the compensation for
which exceeds such rate may elect to receive compensation at
the rate provided for such other office or position in lieu of
the compensation provided by this section. A majority of the
directors shall constitute a quorum of the Board and action
shall be taken only by a majority vote of those present.
* * * * * * *
CHAPTER 15D--ALASKA NATURAL GAS PIPELINE
* * * * * * *
Sec. 720d. Federal Coordinator
(a) * * *
(b) Federal Coordinator.--
(1) Appointment.--The Office shall be headed by a
Federal Coordinator for Alaska Natural Gas
Transportation Projects, who shall be appointed by the
President[, by and with the advice and consent of the
Senate,] to serve a term to last until 1 year following
the completion of the project referred to in section
103 (15 USCS Sec. 720a).
(2) * * *
* * * * * * *
CHAPTER 21--NATIONAL POLICY ON EMPLOYMENT AND PRODUCTIVITY
* * * * * * *
Sec. 1023. Council of Economic Advisors
[(a) Creation; composition; qualifications; selection of
chairman and vice chairman. There is hereby created in the
Executive Office of the President a Council of Economic
Advisers (hereinafter called the ``Council''). The Council
shall be composed of three members who shall be appointed by
the President, by with the advice and consent of the Senate,
and each of whom shall be a person who, as a result of [his]
training, experience, and attainments, is exceptionally
qualified to analyze and interpret economic developments, to
appraise programs and activities of the Government in the light
of the policy declared in section 2 [15 USCS Sec. 1021], and to
formulate and recommend national economic policy to promote
full employment, production, and purchasing power under free
competitive enterprise. [Each member of the Council shall
receive compensation at the rate of $ 15,000 per annum.] The
President shall designate one of the members of the Council as
chairman and one as vice chairman, who shall act as chairman in
the absence of the chairman.]
(a) Creation; Composition; Qualifications; Chairman and
Vice Chairman.--
(1) Creation.--There is created in the Executive
Office of the President a Council of Economic Advisers
(hereinafter called the `Council').
(2) Composition.--The Council shall be composed of
three members, of whom--
(A) 1 shall be the chairman who shall be
appointed by the President by and with the
advice and consent of the Senate; and
(B) 2 shall be appointed by the President.
(3) Qualifications.--Each member shall be a person
who, as a result of his training, experience, and
attainments, is exceptionally qualified to analyze and
interpret economic developments, to appraise programs
and activities of the Government in the light of the
policy declared in section 2, and to formulate and
recommend national economic policy to promote full
employment, production, and purchasing power under free
competitive enterprise.
(4) Vice Chairman.--The President shall designate 1
of the members of the Council as vice chairman, who
shall act as chairman in the absence of the chairman.
* * * * * * *
CHAPTER 49--FIRE PREVENTION AND CONTROL
* * * * * * *
Sec. 2204. United States Fire Administration
(a) * * *
(b) Administrator.--There shall be at the head of the
Administration the Administrator of the United States Fire
Administration. The Administrator shall be appointed by the
President[, by and with the advice and consent of the Senate,]
and shall be compensated at the rate now or hereafter provided
for level IV of the Executive Schedule pay rates (5 U.S.C.
5315). The Administrator shall report and be responsible to the
Director.
* * * * * * *
TITLE 20--EDUCATION
* * * * * * *
CHAPTER 48--DEPARTMENT OF EDUCATION
* * * * * * *
Subchapter II--Establishment of the Department
* * * * * * *
Sec. 3412. Principal Officers
(e) Additional Officers. There shall be in the Department
four additional officers who shall be appointed by the
President, by and with the advice and consent of the Senate.
Notwithstanding the previous sentence, the appointments of
individuals to serve as the Assistant Secretary for Legislation
and Congressional Affairs and the Assistant Secretary for
Management shall not be subject to the advice and consent of
the Senate. The officers appointed under this subsection shall
perform such functions as the Secretary shall prescribe,
including--
(1) congressional relations functions;
(2) public information functions, including the
provision, through the use of the latest technologies,
of useful information about education and related
opportunities to students, parents, and communities;
(3) functions related to monitoring parental and
public participation in programs where such
participation is required by law, and encouraging the
involvement of parents, students, and the public in the
development and implementation of departmental
programs;
(4) management and budget functions;
(5) planning, evaluation, and policy development
functions, including development of policies to promote
the efficient and coordinated administration of the
Department and its programs and to encourage
improvements in education; and
(6) functions related to encouraging and promoting
the study of foreign languages and the study of
cultures of other countries at the elementary,
secondary, and postsecondary levels.
* * * * * * *
CHAPTER 56--AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN CULTURE
AND ART DEVELOPMENT
* * * * * * *
Subchapter I--American Indians and Alaska Natives
* * * * * * *
Sec. 4412. Board of Trustees
(a) Composition.--(1) The Board of Trustees of the
Institute shall be composed of 13 voting members and 6
nonvoting members as follows:
(A) Subject to the provisions of subsection (i), the
voting members shall be appointed by the President of
the United States[ by and with the advice and consent
of the Senate], not later than 180 days after the date
of enactment of this Act (enacted Oct. 17, 1986), from
among individuals from private life who are Indians, or
other individuals, widely recognized in the field of
Indian art and culture and who represent diverse
political views, and diverse fields of expertise,
including finance, law, fine arts, and higher education
administration.
(B) * * *
(2) * * *
(3) * * *
(4) * * *
* * * * * * *
CHAPTER 72--MUSEUM AND LIBRARY SERVICES
* * * * * * *
Subchapter I--General Provisions
* * * * * * *
Sec. 9105a. National Museum and Library Services Board
(a) * * *
(b) Membership.--
(1) Number and appointment. The Museum and Library
Services Board shall be composed of the following:
(A) The Director.
(B) The Deputy Director for the Office of
Library Services.
(C) The Deputy Director for the Office of
Museum Services.
(D) Ten members appointed by the President[,
by and with the advice and consent of the
Senate], from among individuals who are
citizens of the United States and who are
specially qualified by virtue of their
education, training, or experience in the area
of library services, or their commitment to
libraries.
(E) Ten members appointed by the President[,
by and with the advice and consent of the
Senate], from among individuals who are
citizens of the United States and who are
specially qualified by virtue of their
education, training, or experience in the area
of museum services, or their commitment to
museums.
(2) * * *
(3) * * *
(4) * * *
* * * * * * *
CHAPTER 73--ADULT EDUCATION AND LITERACY
* * * * * * *
Subchapter I--Adult Education and Family Literacy
* * * * * * *
PART A--ADULT EDUCATION AND LITERACY PROGRAMS
* * * * * * *
Subpart 4--General Provisions
* * * * * * *
Sec. 9252. National Institute for Literacy
(a) * * *
(b) * * *
(c) * * *
(d) * * *
(e) National Institute for Literacy Advisory Board.--
(1) Establishment.--
(A) In general.--There shall be a National
Institute for Literacy Advisory Board (in this
section referred to as the ``Board''), which
shall consist of 10 individuals appointed by
the President[ with the advice and consent of
the Senate].
(B) Composition.--The Board shall be
comprised of individuals who are not otherwise
officers or employees of the Federal Government
and who are representative of entities such
as--
(i) literacy organizations and
providers of literacy services,
including nonprofit providers,
providers of English literacy programs
and services, social service
organizations, and eligible providers
receiving assistance under this
subtitle (20 USCS Sec. Sec. 9211 et
seq.);
(ii) businesses that have
demonstrated interest in literacy
programs;
(iii) literacy students, including
literacy students with disabilities;
(iv) experts in the area of literacy
research;
(v) State and local governments;
(vi) State Directors of adult
education; and
(vii) representatives of employees,
including representatives of labor
organizations.
(2) * * *
(3) * * *
(4) * * *
(5) * * *
(6) * * *
(7) * * *
* * * * * * *
CHAPTER 76--EDUCATION RESEARCH, STATISTICS, EVALUATION, INFORMATION,
AND DISSEMINATION
* * * * * * *
Subchapter I--Education Sciences Reform
* * * * * * *
PART A--THE INSTITUTE OF EDUCATION SCIENCES
* * * * * * *
Sec. 9516. National Board for Education Sciences
(a) * * *
(b) * * *
(c) Composition.--
(1) Voting members.--The Board shall have 15 voting
members appointed by the President[, by and with the
advice and consent of the Senate].
(2) * * *
(3) * * *
(4) * * *
(5) * * *
(6) * * *
(7) * * *
(8) * * *
(9) * * *
(10) * * *
Sec. 9517. Commissioners of the National Education Centers
(a) * * *
(b) Appointment of Commissioner for Education Statistics.--
The National Center for Education Statistics shall be headed by
a Commissioner for Education Statistics who shall be appointed
by the President[, by and with the advice and consent of the
Senate,] and who shall--
(1) have substantial knowledge of programs assisted
by the National Center for Education Statistics;
(2) receive the rate of basic pay for level IV of the
Executive Schedule; and
(3) serve for a term of 6 years, with the term to
expire every sixth June 21, beginning in 2003.
* * * * * * *
TITLE 21
* * * * * * *
TITLE 21--FOOD AND DRUGS
* * * * * * *
CHAPTER 22--NATIONAL DRUG CONTROL POLICY
* * * * * * *
Sec. 1703. Appointment and duties of Director and Deputy Directors
(a) Appointment.--
[(1) In general.--The Director, the Deputy Director
of National Drug Control Policy, the Deputy Director
for Demand Reduction, the Deputy Director for Supply
Reduction, and the Deputy Director for State and Local
Affairs, shall each be appointed by the President, by
and with the advice and consent of the Senate, and
shall serve at the pleasure of the President. 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.]
(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 State and Local
Affairs shall each be appointed by the
President and serve at the pleasure of the
President.
(C) Deputy director for demand reduction.--In
appointing the Deputy Director for Demand
Reduction under this paragraph, the President
shall take into consideration the scientific,
educational, or professional background of the
individual, and whether the individual has
experience in the fields of substance abuse
prevention, education, or treatment.
(2) * * *
(3) * * *
(4) * * *
(5) * * *
* * * * * * *
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
* * * * * * *
CHAPTER 7--INTERNATIONAL BUREAUS, CONGRESSES, ETC.
* * * * * * *
Subchapter XIV--Asian Development Bank
* * * * * * *
Sec. 285a. Appointment of Governor, Alternate Governor and Director;
compensation
(a) The President[, by and with the advice and consent of
the Senate, shall appoint a Governor of the Bank, an alternate
for the Governor, and a Director of the Bank.] shall appoint--
(1) a Governor of the Bank and an alternate for the
Governor; and
(2) by and with the advice and consent of the Senate,
a Director of the Bank.''
* * * * * * *
SUBCHAPTER XV--INTERNATIONAL MONETARY FUND AND BANK FOR RECONSTRUCTION
AND DEVELOPMENT
* * * * * * *
Sec. 286a. Appointments
(a) Governors and executive directors; term of office. The
President[, by and with the advice and consent of the Senate,
shall appoint a governor of the Fund who shall also serve as a
governor of the Bank, and an executive director of the Fund and
an executive director] shall appoint a governor of the Fund who
shall also serve as governor of the Bank and, by and with the
advice and consent of the Senate, an executive director of the
Bank. The executive directors so appointed shall also serve as
provisional executive directors of the Fund and the Bank for
the purposes of the respective Articles of Agreement. The term
of office for the governor of the Fund and of the Bank shall be
five years. The term of office for the executive directors
shall be two years, but the executive directors shall remain in
office until their successors have been appointed.
(b) Alternates; term of office. The President[, by and with
the advice and consent of the Senate,] shall appoint an
alternate for the governor of the Fund and an alternate for the
governor of the Bank. The President, by and with the advice and
consent of the Senate, shall appoint an alternate for each of
the executive directors. The alternate for each executive
director shall be appointed from among individuals recommended
to the President by the executive director. The terms of office
for alternates for the governor and the executive directors
shall be the same as the terms specified in subsection (a) for
the governor and executive directors.
* * * * * * *
SUBCHAPTER XXII--AFRICAN DEVELOPMENT FUND
* * * * * * *
Sec. 290g-1. Appointment of Governor and Alternate Governor; rank,
duties, and compensation
(a) The President[, by and with the advice and consent of
the Senate,] shall appoint a Governor, and an Alternate
Governor, of the Fund.
* * * * * * *
SUBCHAPTER XXIV--AFRICAN DEVELOPMENT BANK
* * * * * * *
Sec. 290i-1. Governor, Alternate Governor and Director
(a) Appointment; Term; Termination and Reappointment.--The
President, [by and with the advice and consent of the Senate,
shall appoint a Governor, an Alternate Governor, and a Director
of the Bank] shall appoint a Governor and an Alternate
Governor. The term of office for the Governor and the Alternate
Governor shall be five years, subject at any time to
termination of appointment or to reappointment. The Governor
and Alternate Governor shall remain in office until a successor
has been appointed.
Sec. 290i-2. Director or Alternate Director; allowances
(a) The President, by and with the advice and consent of
the Senate, shall appoint a Director of the Bank.
(b) The Director or Alternate Director representing the
United States, if citizens of the United States, may, in the
discretion of the President, receive such compensation,
allowances, and other benefits as, together with those received
from the Bank and from the African Development Fund, may not
exceed those authorized for a chief of mission under the
Foreign Service Act of 1980.
* * * * * * *
CHAPTER 38--DEPARTMENT OF STATE
* * * * * * *
Sec. 2651a. Organization of the Department of State
(a) * * *
(b) * * *
(c) Assistant Secretaries.--
(1) In general.--There shall be in the Department of
State not more than 24 Assistant Secretaries of State[,
each of whom shall be appointed by the President, by
and with the advice and consent of the Senate, and] who
shall be compensated at the rate provided for at level
IV of the Executive Schedule under section 5315 of
title 5. Each Assistant Secretary of State shall be
appointed by the President, by and with the advice of
the Senate, except that the appointments of the
Assistant Secretary for Legislative and
Intergovernmental Affairs, the Assistant Secretary for
Public Affairs, and the Assistant Secretary for
Administration shall not be subject to the advice and
consent of the Senate.
(2) * * *
(3) * * *
* * * * * * *
TITLE 25--INDIANS
* * * * * * *
CHAPTER 14--MISCELLANEOUS
* * * * * * *
Subchapter XXII--Navajo and Hopi Tribes: Settlement of Rights and
Interest
* * * * * * *
Sec. 640d-11. Office of Navajo and Hopi Indian Relocation
(a) Establishment; Commissioner.--There is hereby
established as an independent entity in the executive branch
the Office of Navajo and Hopi Indian Relocation which shall be
under the direction of the Commissioner on Navajo and Hopi
Relocation (hereinafter in this Act (-640d-31) referred to as
the ``Commissioner'').
(b) Appointment; Term of Office; Compensation.--
(1) The Commissioner shall be appointed by the
President [by and with the advice and consent of the
Senate].
(2) * * *
(3) * * *
* * * * * * *
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
* * * * * * *
CHAPTER 31--THE ATTORNEY GENERAL
* * * * * * *
Sec. 506. Assistant Attorneys General
The President shall appoint, by and with the advice and
consent of the Senate, [11 Assistant Attorneys General] 10
Assistant Attorneys General, who shall assist the Attorney
General in the performance of his duties.
Sec. 507. * * *
Sec. 507A. * * *
Sec. 507B. Assistant Attorney General for Legislative Affairs
The President shall appoint an Assistant Attorney General
for Legislative Affairs to assist the Attorney General in the
performance of duties of the Attorney General.
* * * * * * *
TITLE 29--LABOR
* * * * * * *
CHAPTER 2--WOMEN'S BUREAU
* * * * * * *
Sec. 12. Director of bureau; appointment
The Women's Bureau shall be in charge of a director, a
woman, to be appointed by the President[, by and with the
advice and consent of the Senate], who shall receive an annual
compensation.
* * * * * * *
CHAPTER 16--VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES
GENERAL PROVISIONS
* * * * * * *
Sec. 702. Rehabilitation Service Administration
(a) There is established in the Office of the Secretary a
Rehabilitation Services Administration which shall be headed by
a Commissioner (hereinafter in this Act referred to as the
``Commissioner'') appointed by the President [by and with the
advice and consent of the Senate]. Except for titles IV and V
(29 USCS Sec. Sec. 780 et seq., 791 et seq.) and as otherwise
specifically provided in this Act, such Administration shall be
the principal agency, and the Commissioner shall be the
principal officer, of such Department for carrying out this
Act. The Commissioner shall be an individual with substantial
experience in rehabilitation and in rehabilitation program
management. In the performance of the functions of the office,
the Commissioner shall be directly responsible to the Secretary
or to the Under Secretary or an appropriate Assistant Secretary
of such Department, as designated by the Secretary. The
functions of the Commissioner shall not be delegated to any
officer not directly responsible, both with respect to program
operation and administration, to the Commissioner. Any
reference in this Act to duties to be carried out by the
Commissioner shall be considered to be a reference to duties to
be carried out by the Secretary acting through the
Commissioner. In carrying out any of the functions of the
office under this Act, the Commissioner shall be guided by
general policies of the National Council on Disability
established under title IV of this Act (29 USCS Sec. Sec. 780
et seq.).
* * * * * * *
Subchapter IV--National Council on Disability
* * * * * * *
Sec. 780. Establishment of National Council on Disability
(a) Membership; Purpose.--
(1)(A) There is established within the Federal
Government a National Council on Disability
(hereinafter in this title (29 USCS 780 et seq.)
referred to as the ``National Council''), which shall
be composed of fifteen members appointed by the
President[, by and with the advice and consent of the
Senate].
(B) * * *
(C) * * *
* * * * * * *
TITLE 31--MONEY AND FINANCE
* * * * * * *
Subtitle I--General
* * * * * * *
CHAPTER 3--DEPARTMENT OF TREASURY
* * * * * * *
Subchapter I--Organization
* * * * * * *
Sec. 301. Department of the Treasury
(a) * * *
(b) * * *
(c) * * *
(d) The Department has 2 Under Secretaries, an Under
Secretary for Enforcement, [2 Deputy Under Secretaries, and a
Treasurer of the United States]and 2 Deputy Under Secretaries,
appointed by the President, by and with the advice and consent
of the Senate. The Department also has a Fiscal Assistant
Secretary appointed by the Secretary and a Treasurer of the
United States appointed by the President. They shall carry out
duties and powers prescribed by the Secretary. The President
may designate one Under Secretary as Counselor. When appointing
each Deputy Under Secretary, the President may designate the
Deputy Under Secretary as an Assistant Secretary.
(e) The Department has [10] 7 Assistant Secretaries
appointed by the President, by and with the advice and consent
of the Senate. The Department shall have 3 Assistant
Secretaries not subject to the advice and consent of the Senate
who shall be the Assistant Secretary for Legislative Affairs,
Assistant Secretary for Public Affairs, and the Assistant
Secretary for Management, Chief Financial Officer, and Chief
Performance Officer. The Assistant Secretaries shall carry out
duties and powers prescribed by the Secretary. The Assistant
Secretaries appointed under this subsection are in addition to
the Assistant Secretaries appointed under subsection (d) of
this section.
* * * * * * *
Sec. 304. United States Mint
(a) * * *
(b)(1) The head of the Mint is the Director of the Mint.
The Director is appointed by the President[, by and with the
advice and consent of the Senate]. The term of the Director is
5 years. The President may remove the Director from office. [On
removal, the President shall send a message to the Senate
giving the reasons for removal.]
(2) The Director shall carry out duties and powers
prescribed by the Secretary of the Treasury.
* * * * * * *
CHAPTER 5--OFFICE OF MANAGEMENT AND BUDGET
* * * * * * *
Subchapter I--Organization
* * * * * * *
Sec. 504. Office of Federal Financial Management
(a) There is established in the Office of Management and
Budget an office to be known as the ``Office of Federal
Financial Management''. The Office of Federal Financial
Management, under the direction and control of the Deputy
Director for Management of the Office of Management and Budget,
shall carry out the financial management functions listed in
section 503(a) of this title (31 USCS Sec. 503(a)).
(b) There shall be at the head of the Office of Federal
Financial Management a Controller, who shall be appointed by
the President[, by and with the advice and consent of the
Senate]. The Controller shall be appointed from among
individuals who possess--
(1) * * *
(2) * * *
* * * * * * *
CHAPTER 9--AGENCY CHIEF FINANCIAL OFFICERS
* * * * * * *
Sec. 901. Establishment of agency Chief Financial Officers
(a) There shall be within each agency described in
subsection (b) an agency Chief Financial Officer. Each agency
Chief Financial Officer shall--
(1) for those agencies described in subsection
(b)(1)--
[(A) be appointed by the President, by and
with the advice and consent of the Senate; or
[(B) be designated by the President, in
consultation with the head of the agency, from
among officials of the agency who are required
by law to be so appointed;]
(A) be appointed by the President; or
(B) be designated by the President, in
consultation with the head of the agency, from
among officials of the agency who are required
by law to be appointed by the President,
whether or not by and with the advice and
consent of the Senate;
(2) * * *
(3) * * *
(b)(1) The agencies referred to in subsection (a)(1) are
the following:
(A) The Department of Agriculture.
(B) The Department of Commerce.
(C) The Department of Defense.
(D) The Department of Education.
(E) The Department of Energy.
(F) The Department of Health and Human Services.
(G) The Department of Homeland Security.
(H) The Department of Housing and Urban Development.
(I) The Department of the Interior.
(J) The Department of Justice.
(K) The Department of Labor.
(L) The Department of State.
(M) The Department of Transportation.
(N) The Department of the Treasury.
(O) The Department of Veterans Affairs.
(P) The Environmental Protection Agency.
[(Q) The National Aeronautics and Space
Administration.]
(2) The agencies referred to in subsection (a)(2) are the
following:
(A) The Agency for International Development.
(B) The General Services Administration.
(C) The National Science Foundation.
(D) The Nuclear Regulatory Commission.
(E) The Office of Personnel Management.
(F) The Small Business Administration.
(G) The Social Security Administration.
(H) The National Aeronautics and Space
Administration.
* * * * * * *
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
* * * * * * *
CHAPTER 13--MISSISSIPPI RIVER COMMISSION
* * * * * * *
Sec. 642. Appointment of commissioners; vacancies; chairman; tenure of
office
The President of the United States shall[, by and with the
advice and consent of the Senate,] appoint seven commissioners,
three of whom shall be selected from the Engineer Corps of the
Army, one from the Coast and Geodetic Survey, and three from
civil life, two of whom shall be civil engineers. And any
vacancy which may occur in the commission shall in like manner
be filled by the President of the United States; and he shall
designate one of the commissioners appointed from the Engineer
Corps of the Army to be president of the commission. The
commissioners appointed under this Act, except those appointed
from civil life, shall remain in office subject to removal by
the President of the United States. Each commissioner appointed
from civil life after the date of enactment of this sentence
shall be appointed for a term of nine years.
* * * * * * *
CHAPTER 19--SAINT LAWRENCE SEAWAY
* * * * * * *
Sec. 982. Management of Corporation; appointment of Administrator;
terms; vacancy; Advisory Board; establishment;
membership; meetings; duties; compensation and
expenses
(a) The management of the Corporation shall be vested in an
Administrator who shall be appointed by the President[, by and
with the advice and consent of the Senate,] for a term of seven
years. Any Administrator appointed to fill a vacancy in that
position prior to the expiration of the term for which his
predecessor was appointed shall be appointed for the remainder
of such term.
* * * * * * *
CHAPTER 43--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
COMMISSIONED OFFICER CORPS
* * * * * * *
Subchapter II--Appointment and Promotion of Officers
* * * * * * *
Sec. 3026. Appointments and promotions to permanent grades
Appointments in and promotions to all permanent grades
shall be made by the President[, by and with the advice and
consent of the Senate].
* * * * * * *
Sec. 3028. Positions of importance and responsibility
(a) * * *
(b) * * *
(c) * * *
(d) Grade.
(1) Temporary appointment to grade designated for
position. An officer assigned to a position under this
section while so serving has the grade designated for
that position, if appointed to that grade by the
President[, by and with the advice and consent of the
Senate].
(2) * * *
* * * * * * *
Sec. 3029. Temporary appointments and promotions generally
(a) Ensign. Temporary appointments in the grade of ensign
may be made by the President[ alone]. Each such temporary
appointment terminates at the close of the next regular session
of the Congress[ unless the Senate sooner gives its advice and
consent to the appointment].
* * * * * * *
TITLE 38--VETERANS' BENEFITS
* * * * * * *
PART I--GENERAL PROVISIONS
* * * * * * *
CHAPTER 3--DEPARTMENT OF VETERANS AFFAIRS
* * * * * * *
Sec. 308. Assistant Secretaries; Deputy Assistant Secretaries
(a) [There shall](1) There shall be in the Department not
more than seven Assistant Secretaries. [Each Assistant
Secretary shall be appointed by the President, by and with the
advice and consent of the Senate.]
(2) Except as provided in paragraph (3), each Assistant
Secretary appointed under paragraph (1) shall be appointed by
the President, by and with the advice and consent of the
Senate.
(3) The following Assistant Secretaries may be appointed
without the advice and consent of the Senate:
(A) The Assistant Secretary for Management.
(B) The Assistant Secretary for Human Resources and
Administration
(C) The Assistant Secretary for Public and
Intergovernmental Affairs
(D) The Assistant Secretary for Congressional and
Legislative Affairs
(E) The Assistant Secretary for Operations, Security
and Preparedness.
* * * * * * *
TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
* * * * * * *
Subtitle IV--Appalachian Regional Development
* * * * * * *
CHAPTER 143--APPALACHIAN REGIONAL COMMISSION
* * * * * * *
Subchapter I--Organization and Administration
* * * * * * *
Sec. 14301. Establishment, membership, and employees
(a) * * *
(b) Membership.--
(1) Federal and state members.--The Commission is
composed of the Federal Cochairman, appointed by the
President [by and with the advice and consent of the
Senate], and the Governor of each participating State
in the Appalachian region.
(2) * * *
(3) * * *
* * * * * * *
TITLE 42--THE PUBLIC HEALTH AND WELFARE
* * * * * * *
CHAPTER 6A--PUBLIC HEALTH SERVICE
* * * * * * *
Subchapter I--Administration and Miscellaneous Provisions
* * * * * * *
PART A--ADMINISTRATION
* * * * * * *
Sec. 204. Commissioned Corps and Ready Reserve Corps
(a) Establishment.--
(1) * * *
(2) * * *
(3) Appointment.--Commissioned officers of the Ready
Reserve Corps shall be appointed by the President and
commissioned officers of the Regular Corps shall be
appointed by the President[ with the advice and consent
of the Senate].
(4) * * *
(5) * * *
* * * * * * *
Sec. 211. Promotion of commissioned officers
(a) Permanent or Temporary Promotions; Examination.--
Promotions of officers of the Regular Corps to any grade up to
and including the director grade shall be either permanent
promotions based on length of service, other permanent
promotions to fill vacancies, or temporary promotions.
Permanent promotions shall be made by the President[, by and
with the advice and consent of the Senate[, and temporary
promotions shall be made by the President. Each permanent
promotion shall be to the next higher grade, and shall be made
only after examination given in accordance with regulations of
the President.
* * * * * * *
CHAPTER 16--NATIONAL SCIENCE FOUNDATION
* * * * * * *
Sec. 1863. National Science Board
(a) Composition; Appointment; Establishment of Policies of
the Foundation.--The Board shall consist of twenty-four members
to be appointed by the President[, by and with the advice and
consent of the Senate], and of the Director ex officio. In
addition to any powers and functions otherwise granted to it by
this Act, the Board shall establish the policies of the
Foundation, within the framework of applicable national
policies as set forth by the President and the Congress.
* * * * * * *
CHAPTER 34--ECONOMIC OPPORTUNITY PROGRAM
* * * * * * *
Subchapter VIII--Native American Programs
* * * * * * *
Sec. 2991b-2. Establishment of Administration for Native Americans
(a) * * *
(b) Commissioner.--The Commissioner shall be appointed by
the President[, by and with the advice and consent of the
Senate].
* * * * * * *
CHAPTER 44--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
* * * * * * *
Sec. 3533. Officers of Department
(a)(1) Deputy Secretary, Assistant Secretaries, and General
Counsel.--There shall be in the Department a Deputy Secretary,
[eight]6 Assistant Secretaries, and a General Counsel, who
shall be appointed by the President by and with the advice and
consent of the Senate, and who shall perform such functions,
powers, and duties as the Secretary shall prescribe from time
to time.
(2) There shall be in the Department an Assistant Secretary
for Congressional and Intergovernmental Relations, and an
Assistant Secretary for Public Affairs, each of whom shall be
appointed by the President and shall perform such functions,
powers, and duties as the Secretary shall prescribe from time
to time.
* * * * * * *
CHAPTER 46--JUSTICE SYSTEM IMPROVEMENT
* * * * * * *
Subchapter III--Bureau of Justice Statistics
* * * * * * *
Sec. 3732. Bureau of Justice Statistics
(a) * * *
(b) Appointment of Director; Experience; Authority;
Restrictions.--The Bureau shall be headed by a Director
appointed by the President[, by and with the advice and consent
of the Senate]. The Director shall have had experience in
statistical programs. The Director shall have final authority
for all grants, cooperative agreements, and contract awarded by
the Bureau. The Director shall be responsible for the integrity
of data and statistics and shall protect against improper or
illegal use or disclosure. The Director shall report to the
Attorney General through the Assistant Attorney General. The
Director shall not engage in any other employment than that of
serving as Director; nor shall the Director hold any office in,
or act in any capacity for, any organization, agency, or
institution with which the Bureau makes any contract or other
arrangement under this Act.
* * * * * * *
Subchapter IV--Establishment of Bureau of Justice Assistance
* * * * * * *
Sec. 3741. Establishment of Bureau of Justice Assistance
(a) * * *
(b) The Bureau shall be headed by a Director (hereafter in
this part referred to as the ``Director'') who shall be
appointed by the President[, by and with the advice and consent
of the Senate]. The Director shall report to the Attorney
General through the Assistant Attorney General. The Director
shall have final authority for all grants, cooperative
agreements, and contracts awarded by the Bureau. The Director
shall not engage in any employment other than that of serving
as the Director, nor shall the Director hold any office in, or
act in any capacity for, any organization, agency, or
institution with which the Bureau makes any contract or other
arrangement under this title.
* * * * * * *
Subchapter II--National Institute of Justice
* * * * * * *
Sec. 3722. National Institute of Justice
(a) * * *
(b) Director of Institute; Appointment by President;
Authority; Restrictions.--The Institute shall be headed by a
Director appointed by the President[, by and with the advice
and consent of the Senate]. The Director shall have had
experience in justice research. The Director shall report to
the Attorney General through the Assistant Attorney General.
The Director shall have final authority over all grants,
cooperative agreements, and contracts awarded by the Institute.
The Director shall not engage in any other employment than that
of serving as Director; nor shall the Director hold any office
in, or act in any capacity for, any organization, agency, or
institution with which the Institute makes any contract or
other arrangement under this title.
* * * * * * *
CHAPTER 72--JUVENILE JUSTICE AND DELINQUENCY PREVENTION
* * * * * * *
Subchapter II--Programs and Offices
* * * * * * *
PART A--JUVENILE JUSTICE AND DELINQUENCY PREVENTION OFFICE
* * * * * * *
Sec. 5611. Establishment
(a) * * *
(b) Administrator; Head, Appointment, Authorities, etc.--
The Office shall be headed by an Administrator (hereinafter in
this title referred to as the ``Administrator'') appointed by
the President[, by and with the advice and consent of the
Senate], from among individuals who have had experience in
juvenile justice programs. The Administrator is authorized to
prescribe regulations consistent with this Act to award,
administer, modify, extend, terminate, monitor, evaluate,
reject, or deny all grants and contracts from, and applications
for, funds made available under this title. The Administrator
shall have the same reporting relationship with the Attorney
General as the directors of other offices and bureaus within
the Office of Justice Programs have.
* * * * * * *
CHAPTER 84--THE DEPARTMENT OF ENERGY
* * * * * * *
Subchapter II--Establishment of the Department
* * * * * * *
Sec. 7133. Assistant Secretaries; appointment and confirmation;
identification of responsibilities
(a) There shall be in the Department 8 Assistant
Secretaries, each of whom shall be appointed by the President,
by and with the advice and consent of the Senate (except that
the Assistant Secretary for Congressional and Intergovernmental
Affairs of the Department may be appointed by the President
without the advice and consent of the Senate); who shall be
compensated at the rate provided for at level IV of the
Executive Schedule under section 5315 of Title 5; and who shall
perform, in accordance with applicable law, such of the
functions transferred or delegated to, or vested in, the
Secretary as he shall prescribe in accordance with the
provisions of this chapter. The functions which the Secretary
shall assign to the Assistant Secretaries include, but are not
limited to, the following:
(1) Energy resource applications, including functions
dealing with management of all forms of energy
production and utilization, including fuel supply,
electric power supply, enriched uranium production,
energy technology programs, and the management of
energy resource leasing procedures on Federal lands.
(2) * * *
* * * * * * *
CHAPTER 112--VICTIM COMPENSATION AND ASSISTANCE
* * * * * * *
Sec. 10605. Establishment of Office for Victims of Crime
(a) * * *
(b) Appointment of Director; Authority; Restrictions.--The
Office shall be headed by a Director (referred to in this
chapter as the ``Director''), who shall be appointed by the
President[, by and with the advice and consent of the Senate].
The Director shall report to the Attorney General through the
Assistant Attorney General for the Office of Justice Programs
and shall have final authority for all grants, cooperative
agreements, and contracts awarded by the Office. The Director
shall not engage in any employment other than that of serving
as the Director, nor shall the Director hold any office in, or
act in any capacity for, any organization, agency, or
institution with which the Office makes any contract or other
agreement under this part.
* * * * * * *
CHAPTER 127--COORDINATED SERVICES FOR CHILDREN, YOUTH, AND FAMILIES
* * * * * * *
Subchapter I--Establishment of Administration and Awarding of Grants
for Programs
* * * * * * *
PART A--ADMINISTRATION ON CHILDREN, YOUTH, AND FAMILIES
* * * * * * *
Sec. 12311. Establishment of the Administration on Children, Youth, and
Families
(a) * * *
(b) Commissioner.--
(1) Establishment.--
(A) In general.--The Administration on
Children, Youth, and Families, as established
under subsection (a), shall be headed by a
Commissioner on Children, Youth, and Families.
(B) (Omitted)
(2) Appointment.--The President[, by and with the
advice and consent of the Senate,] shall appoint the
Commissioner.
* * * * * * *
CHAPTER 129--NATIONAL AND COMMUNITY SERVICE
* * * * * * *
Subchapter I--National and Community Service State Grant Program
* * * * * * *
DIVISION G--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
* * * * * * *
Sec. 12651e. Officers
(a) Managing Directors.--
(1) In general.--There shall be in the Corporation 2
Managing Directors, who shall be appointed by the
President[, by and with the advice and consent of the
Senate], and who shall report to the Chief Executive
Officer.
(2) * * *
(3) * * *
* * * * * * *
TITLE 49--TRANSPORTATION
* * * * * * *
Subtitle I--Department of Transportation
* * * * * * *
CHAPTER 1--ORGANIZATION
* * * * * * *
Sec. 102. Department of Transportation
(a) * * *
(b) * * *
(c) * * *
(d) * * *
[(e) The Department has 4 Assistant Secretaries and a
General Counsel appointed by the President, by and with the
advice and consent of the Senate. The Department also has an
Assistant Secretary of Transportation for Administration
appointed in the competitive service by the Secretary, with the
approval of the President. They shall carry out duties and
powers prescribed by the Secretary. An Assistant Secretary] (e)
Assistant Secretaries; General Counsel_
(1) Appointment.--The Department has 5 Assistant
Secretaries and a General Counsel, including----
(A) an Assistant Secretary for Aviation and
International Affairs and an Assistant
Secretary for Transportation Policy, who shall
each be appointed by the President, with the
advice and consent of the Senate;
(B) an Assistant Secretary for Budget and
Programs and Chief Financial Officer and an
Assistant Secretary for Governmental Affairs,
who shall each be appointed by the President;
(C) an Assistant Secretary for
Administration, who shall be appointed in the
competitive service by the Secretary, with the
approval of the President; and
(D) a General Counsel, who shall be appointed
by the President, with the advice and consent
of the Senate.
(2) Duties and powers._The officers set forth in
paragraph (1) shall carry out duties and powers
prescribed by the Secretary. An Assistant Secretary or
the General Counsel, in the order prescribed by the
Secretary, acts for the Secretary when the Secretary,
Deputy Secretary, and Under Secretary of Transportation
for Policy are absent or unable to serve, or when the
offices of the Secretary, Deputy Secretary, and Under
Secretary of Transportation for Policy are vacant.
* * * * * * *
Sec. 106. Federal Aviation Administration
(a) * * *
(b) The head of the Administration is the Administrator[.
The Administration has a Deputy Administrator. They are
appointed] who shall be appointed by the President, by and with
the advice and consent of the Senate. When making an
appointment, the President shall consider the fitness of the
individual to carry out efficiently the duties and powers of
the office. Except as provided in subsection (f) or in other
provisions of law, the Administrator reports directly to the
Secretary of Transportation. The term of office for any
individual appointed as Administrator after August 23, 1994,
shall be 5 years.
(c) * * *
(d)(1) [The Deputy Administrator must] 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 shall be a
citizen of the United States and have experience in a field
directly related to aviation. An officer on active duty in an
armed force may be appointed as Deputy Administrator. However,
if the Administrator is a former regular officer of an armed
force, the Deputy Administrator may not be an officer on active
duty in an armed force, a retired regular officer of an armed
force, or a former regular officer of an armed force.
* * * * * * *
TITLE 50--WAR AND NATIONAL DEFENSE
* * * * * * *
CHAPTER 37--NATIONAL SECURITY SCHOLARSHIPS, FELLOWSHIPS, AND GRANTS
* * * * * * *
Sec. 1903. National Security Education Board
(a) * * *
(b) Composition.--The Board shall be composed of the
following individuals or the representatives of such
individuals:
(1) The Secretary of Defense, who shall serve as the
chairman of the Board.
(2) The Secretary of Education.
(3) The Secretary of State.
(4) The Secretary of Commerce.
(5) The Director of Central Intelligence.
(6) The Secretary of Energy.
(7) The Chairperson of the National Endowment for the
Humanities.
(8) Six individuals appointed by the President, [by
and with the advice and consent of the Senate,] who
shall be experts in the fields of international,
language, area, and counterproliferation studies
education and who may not be officers or employees of
the Federal Government.
* * * * * * *
CHAPTER 50 APPENDIX
* * * * * * *
OFFICE OF SELECTIVE SERVICE RECORDS ACT MARCH 31, 1947, CH 26, 61 STAT.
31
* * * * * * *
Sec. 321. Establishment of Office of Selective Service Records;
appointment of Director
There is hereby established an Office of Selective Service
Records, to be headed by a Director who shall be appointed by
the President[, by and with the advice and consent of the
Senate].