[United States Statutes at Large, Volume 126, 112th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 112-166
112th Congress

An Act


 
To reduce the number of executive positions subject to Senate
confirmation. <>

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
SECTION 1. <> SHORT TITLE.

This Act may be cited as the ``Presidential Appointment Efficiency
and Streamlining Act of 2011''.
SEC. 2. PRESIDENTIAL APPOINTMENTS NOT SUBJECT TO SENATE APPROVAL.

(a) Agriculture.--
(1) Assistant secretary of agriculture for administration.--
Section 218(b) of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6918(b)) is amended--
(A) by striking ``subsection (a)'' and inserting
``paragraph (1) or (3) of subsection (a)'';
(B) by striking subsection (c); and
(C) by redesignating subsection (d) as subsection
(c).
(2) Rural utilities service administrator.--Section
232(b)(1) of the Department of Agriculture Reorganization Act of
1994 (7 U.S.C. 6942(b)(1)) is amended--
(A) by striking ``, by and with the advice and
consent of the Senate'';
(B) by striking paragraph (2); and
(C) <> by redesignating paragraph
(3) as paragraph (2).
(3) Commodity credit corporation.--Section 9(a) of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714g(a)) is
amended in the third sentence by striking ``by and with the
advice and consent of the Senate''.

(b) <>  Commerce.--
(1) Chief scientist; national oceanic and atmospheric
administration.--Section 2(d) of Reorganization Plan No. 4 of
1970 (5 U.S.C. App. 1) is amended by striking ``, by and with
the advice and consent of the Senate,''.

(c) Department of Defense.--
(1) Assistant secretaries of defense.--
(A) In general.--Section 138(a)(1) of title 10,
United States Code, is amended by striking ``16'' and
inserting ``14''.
(B) <>  Administration of
reduction.--The Assistant Secretary of Defense positions
eliminated in accordance with the reduction in numbers
required by the amendment made by subparagraph (A) shall
be--

[[Page 1284]]

(i) the Assistant Secretary of Defense for
Networks and Information Integration; and
(ii) the Assistant Secretary of Defense for
Public Affairs.
(C) Continued service of incumbents.--
Notwithstanding the requirements of this paragraph, any
individual serving in a position described under
subparagraph (B) on the date of the enactment of this
Act may continue to serve in such position without
regard to the limitation imposed by the amendment in
subparagraph (A).
(D) <>  Plan for successor
positions.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense
shall report to the congressional defense committees on
his plan for successor positions, not subject to Senate
confirmation, for the positions eliminated in accordance
with the requirements of this paragraph.
(2) Members of national security education board.--Section
803(b)(7) of the David L. Boren National Security Education Act
of 1991 (50 U.S.C. 1903(b)(7)) is amended by striking ``by and
with the advice and consent of the Senate,''.
(3) Director of selective service.--Section 10(a)(3) of the
Selective Service Act of 1948 (50 U.S.C. App. 460(a)(3)) is
amended by striking ``, by and with the advice and consent of
the Senate''.

(d) Department of Education.--
(1) Assistant secretary for management.--Section 202(e) of
the Department of Education Organization Act (20 U.S.C. 3412(e))
is amended by inserting after the first sentence the following:
``Notwithstanding the previous sentence, the appointments of
individuals to serve as the Assistant Secretary for Management
shall not be subject to the advice and consent of the Senate.''.
(2) Commissioner, education statistics.--Section 117(b) of
the Education Sciences Reform Act of 2002 (20 U.S.C. 9517(b)) is
amended by striking ``, by and with the advice and consent of
the Senate,''.

(e) <>  Department of Health and Human
Services.--
(1) Assistant secretary for public affairs.--Notwithstanding
any other provision of law, the appointment of an individual to
serve as the Assistant Secretary for Public Affairs within the
Department of Health and Human Services shall not be subject to
the advice and consent of the Senate.

(f) Department of Homeland Security.--
(1) Director of the office for domestic preparedness;
assistant administrator of the federal emergency management
agency, grant programs.--Section 430(b) of the Homeland Security
Act of 2002 (6 U.S.C. 238(b)) is amended by striking ``, by and
with the advice and consent of the Senate''.
(2) Administrator of the united states fire
administration.--Section 5(b) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2204(b)) is amended by striking
``, by and with the advice and consent of the Senate,''.
(3) Director of the office of counternarcotics
enforcement.--Section 878(a) of the Homeland Security Act of
2002 (6 U.S.C. 458(a)) is amended by striking ``, by and with
the advice and consent of the Senate''.

[[Page 1285]]

(4) Chief medical officer.--Section 516(a) of the Homeland
Security Act of 2002 (6 U.S.C. 321e(a)) is amended by striking
``, by and with the advice and consent of the Senate''.
(5) Assistant secretaries.--Section 103(a) of the Homeland
Security Act of 2002 (6 U.S.C. 113(a) is amended--
(A) by striking ``There'' and inserting ``(1) In
general.--Except as provided under paragraph (2),
there'';
(B) by redesignating paragraphs (1) through (10) as
subparagraphs (A) through (J), respectively; and
(C) by adding at the end the following:
``(2) Assistant secretaries.--If any of the Assistant
Secretaries referred to under paragraph (1)(I) is designated to
be the Assistant Secretary for Health Affairs, the Assistant
Secretary for Legislative Affairs, or the Assistant Secretary
for Public Affairs, that Assistant Secretary shall be appointed
by the President without the advice and consent of the
Senate.''.

(g) Housing and Urban Development; Assistant Secretary for Public
Affairs.--Section 4(a) of the Department of Housing and Urban
Development Act (42 U.S.C. 3533(a)) is amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) by striking ``eight'' and inserting ``7''; and
(3) by adding at the end the following:

``(2) There shall be in the Department an Assistant Secretary for
Public Affairs, who shall be appointed by the President and shall
perform such functions, powers, and duties as the Secretary shall
prescribe from time to time.''.
(h) Department of Justice.--
(1) Director, bureau of justice statistics.--Section 302(b)
of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3732(b)) is amended by striking ``, by and with
the advice and consent of the Senate''.
(2) Director, bureau of justice assistance.--Section 401(b)
of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3741(b)) is amended by striking ``, by and with
the advice and consent of the Senate''.
(3) Director, national institute of justice.--Section 202(b)
of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3722(b)) is amended by striking ``, by and with
the advice and consent of the Senate''.
(4) Administrator, office of juvenile justice and
delinquency prevention.--Section 201(b) of the Juvenile Justice
and Delinquency Prevention Act of 1974 (42 U.S.C. 5611(b)) is
amended by striking ``, by and with the advice and consent of
the Senate,''.
(5) Director, office for victims of crime.--Section 1411(b)
of the Victims of Crime Act of 1984 (42 U.S.C. 10605(b)) is
amended by striking ``, by and with the advice and consent of
the Senate''.

(i) <>  Department of Labor.--
(1) Assistant secretaries for administration and management
and public affairs.--Notwithstanding section 2 of the Act of
April 17, 1946 (29 U.S.C. 553), the appointment of individuals
to serve as the Assistant Secretary for Administration and
Management and the Assistant Secretary for Public Affairs within
the Department of Labor, shall not be subject to the advice and
consent of the Senate.

[[Page 1286]]

(2) Director of the women's bureau.--Section 2 of the Act of
June 5, 1920 (29 U.S.C. 12) is amended by striking ``, by and
with the advice and consent of the Senate''.

(j) Department of State; Assistant Secretary for Public Affairs and
Assistant Secretary for Administration.--Section 1(c)(1) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(1)) is
amended--
(1) by striking ``, each of whom shall be appointed by the
President, by and with the advice and consent of the Senate,
and''; and
(2) by adding at the end the following: ``Each Assistant
Secretary of State shall be appointed by the President, by and
with the advice and consent of the Senate, except that the
appointments of the Assistant Secretary for Public Affairs and
the Assistant Secretary for Administration shall not be subject
to the advice and consent of the Senate.''.

(k) Department of Transportation.--
(1) Assistant secretaries.--Section 102(e) of title 49,
United States Code, is amended--
(A) by striking ``(e) The Department'' and all that
follows through ``An Assistant Secretary'' and inserting
the following:

``(e) Assistant Secretaries; General Counsel.--
``(1) Appointment.--The Department has 5 Assistant
Secretaries and a General Counsel, including--
``(A) an Assistant Secretary for Aviation and
International Affairs, an Assistant Secretary for
Governmental Affairs, and an Assistant Secretary for
Transportation Policy, who shall each be appointed by
the President, with the advice and consent of the
Senate;
``(B) an Assistant Secretary for Budget and Programs
who shall be appointed by the President;
``(C) an Assistant Secretary for Administration, who
shall be appointed by the Secretary, with the approval
of the President; and
``(D) a General Counsel, who shall be appointed by
the President, with the advice and consent of the
Senate.
``(2) Duties and powers.--The officers set forth in
paragraph (1) shall carry out duties and powers prescribed by
the Secretary. An Assistant Secretary''.
(2) Deputy administrator, federal aviation administration.--
Section 106 of title 49, United States Code, is amended--
(A) in subsection (b), by striking ``. The
Administration has a Deputy Administrator. They are
appointed'' and inserting ``, who shall be appointed'';
and
(B) in subsection (d)(1), by striking ``The Deputy
Administrator must'' and inserting ``The Administration
has a Deputy Administrator, who shall be appointed by
the President. In making an appointment, the President
shall consider the fitness of the appointee to
efficiently carry out the duties and powers of the
office. The Deputy Administrator shall''.

(l) Department of the Treasury.--
(1) Assistant secretaries for public affairs and
management.--Section 301(e) of title 31, United States Code, is
amended--

[[Page 1287]]

(A) by striking ``10 Assistant Secretaries'' and
inserting ``8 Assistant Secretaries''; and
(B) by inserting ``The Department shall have 2
Assistant Secretaries not subject to the advice and
consent of the Senate who shall be the Assistant
Secretary for Public Affairs, and the Assistant
Secretary for Management.'' after the first sentence.
(2) Treasurer of the united states.--Section 301(d) of title
31, United States Code, is amended--
(A) by striking ``2 Deputy Under Secretaries, and a
Treasurer of the United States'' and inserting ``and 2
Deputy Under Secretaries'', and
(B) by inserting ``and a Treasurer of the United
States appointed by the President'' after ``Fiscal
Assistant Secretary appointed by the Secretary''.

(m) Department of Veterans Affairs.--Section 308(a) of title 38,
United States Code, is amended--
(1) by striking ``There shall'' and inserting ``(1) There
shall'';
(2) in paragraph (1), as designated by paragraph (1) of this
subsection, by striking ``Each Assistant'' and all that follows
through the period at the end; and
(3) by adding at the end the following new paragraphs:

``(2) Except as provided in paragraph (3), each Assistant Secretary
appointed under paragraph (1) shall be appointed by the President, by
and with the advice and consent of the Senate.
``(3) The following Assistant Secretaries may be appointed without
the advice and consent of the Senate:
``(A) The Assistant Secretary for Management.
``(B) The Assistant Secretary for Human Resources and
Administration.
``(C) The Assistant Secretary for Public and
Intergovernmental Affairs.
``(D) The Assistant Secretary for Operations, Security, and
Preparedness.''.

(n) Appalachian Regional Commission; Alternate Federal Co-
Chairman.--Section 14301(b)(2) of title 40, United States Code, is
amended by striking ``by and with the advice and consent of the
Senate''.
(o) Council of Economic Advisers, Members.--Section 10 of the
Employment Act of 1946 (15 U.S.C. 1023) is amended by striking
subsection (a) and inserting the following:
``(a) Creation; Composition; Qualifications; Chairman and Vice
Chairman.--
``(1) Creation.--There is created in the Executive Office of
the President a Council of Economic Advisers (hereinafter called
the `Council').
``(2) Composition.--The Council shall be composed of three
members, of whom--
``(A) 1 shall be the chairman who shall be appointed
by the President by and with the advice and consent of
the Senate; and
``(B) 2 shall be appointed by the President.
``(3) Qualifications.--Each member shall be a person who, as
a result of training, experience, and attainments, is
exceptionally qualified to analyze and interpret economic
developments, to appraise programs and activities of the
Government in the light of the policy declared in section 2,

[[Page 1288]]

and to formulate and recommend national economic policy to
promote full employment, production, and purchasing power under
free competitive enterprise.
``(4) Vice chairman.--The President shall designate 1 of the
members of the Council as vice chairman, who shall act as
chairman in the absence of the chairman.''.

(p) Corporation for National and Community Service; Managing
Director.--Section 194(a)(1) of the National and Community Service Act
of 1990 (42 U.S.C. 12651e(a)(1)) is amended by striking ``, by and with
the advice and consent of the Senate''.
(q) National Council on Disability Members.--Section 400(a)(1)(A) of
the Rehabilitation Act of 1973 (29 U.S.C. 780(a)(1)(A)) is amended by
striking ``, by and with the advice and consent of the Senate''.
(r) National Foundation on the Arts and the Humanities; National
Museum and Library Services Board; Members.--Section 207(b)(1) of the
Museum and Library Services Act (20 U.S.C. 9105a(b)(1)) is amended--
(1) in subparagraph (D), by striking ``, by and with the
advice and consent of the Senate''; and
(2) in subparagraph (E), by striking ``, by and with the
advice and consent of the Senate''.

(s) National Science Foundation; Board Members.--Section 4(a) of the
National Science Foundation Act of 1950 (42 U.S.C. 1863(a)) is amended
by striking ``, by and with the advice and consent of the Senate,''.
(t) Office of National Drug Control Policy; Deputy Directors.--
Section 704(a)(1) of the Office of National Drug Control Policy
Reauthorization Act of 1998 (21 U.S.C. 1703(a)(1)) is amended to read as
follows:
``(1) In general.--
``(A) Director.--The Director shall be appointed by
the President, by and with the advice and consent of the
Senate, and shall serve at the pleasure of the
President.
``(B) Deputy directors.--The Deputy Director of
National Drug Control Policy, Deputy Director for Demand
Reduction, the Deputy Director for Supply Reduction, and
the Deputy Director for State, Local, and Tribal Affairs
shall each be appointed by the President and serve at
the pleasure of the President.
``(C) Deputy director for demand reduction.--In
appointing the Deputy Director for Demand Reduction
under this paragraph, the President shall take into
consideration the scientific, educational, or
professional background of the individual, and whether
the individual has experience in the fields of substance
abuse prevention, education, or treatment.''.

(u) Office of Navajo and Hopi Relocation; Commissioner.--Section
12(b)(1) of Public Law 93-531 (25 U.S.C. 640d-11(b)(1)) is amended by
striking ``by and with the advice and consent of the Senate''.
(v) <>  United States Agency for
International Development.--
(1) Assistant administrator for management.--Notwithstanding
section 624(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2384(a)), the appointment by the President of the Assistant
Administrator for Management at the United States

[[Page 1289]]

Agency for International Development shall not be subject to the
advice and consent of the Senate.

(w) Community Development Financial Institution Fund;
Administrator.--Section 104(b)(1) of the Community Development Banking
and Financial Institutions Act of 1994 (12 U.S.C. 4703(b)(1)) is amended
by striking ``, by and with the advice and consent of the Senate''.
(x) Department of Transportation; St. Lawrence Seaway Development
Corporation; Administrator.--Subsection (a) of section 2 of the Act of
May 13, 1954, referred to as the Saint Lawrence Seaway Act (33 U.S.C.
982(a)) is amended by striking ``, by and with the advice and consent of
the Senate, for a term of seven years''.
(y) Mississippi River Commission; Commissioner.--Section 2 of the
Act of June 28, 1879 (33 U.S.C. 642), is amended in the first sentence
by striking ``, by and with the advice and consent of the Senate,''.
(z) Governor and Alternate Governor of the African Development
Bank.--
(1) In general.--Section 1333 of the African Development
Bank Act (22 U.S.C. 290i-1) is amended--
(A) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively; and
(B) by striking ``(a) The President'' and all that
follows through ``The term of office'' and inserting the
following:

``(a) The President shall appoint a Governor and an Alternate
Governor of the Bank--
``(1) by and with the advice and consent of the Senate; or
``(2) from among individuals serving as officials required
by law to be appointed by and with the advice and consent of the
Senate.

``(b) The term of office''.
(2) Conforming amendments.--Section 1334 of such Act (22
U.S.C. 290i-2) is amended--
(A) by striking ``The Director or Alternate
Director'' and inserting the following:

``(b) The Director or Alternate Director''; and
(B) by inserting before subsection (b), as
redesignated, the following:

``(a) The President, by and with the advice and consent of the
Senate, shall appoint a Director of the Bank.''.
(aa) Governor and Alternate Governor of the Asian Development
Bank.--Section 3(a) of the Asian Development Bank Act (22 U.S.C.
285a(a)) is amended to read as follows:
``(a) The President shall appoint--
``(1) a Governor of the Bank and an alternate for the
Governor--
``(A) by and with the advice and consent of the
Senate; or
``(B) from among individuals serving as officials
required by law to be appointed by and with the advice
and consent of the Senate; and
``(2) a Director of the Bank, by and with the advice and
consent of the Senate.''.

[[Page 1290]]

(bb) Governor and Alternate Governor of the African Development
Fund.--Section 203(a) of the African Development Fund Act (22 U.S.C.
290g-1(a)) is amended to read as follows:
``(a) The President shall appoint a Governor, and an Alternate
Governor, of the Fund--
``(1) by and with the advice and consent of the Senate; or
``(2) from among individuals serving as officials required
by law to be appointed by and with the advice and consent of the
Senate.''.

(cc) National Board for Education Sciences; Members.--Section
116(c)(1) of the Education Sciences Reform Act of 2002 (20 U.S.C.
9516(c)(1)) is amended by striking ``, by and with the advice and
consent of the Senate''.
(dd) National Institute for Literacy Advisory Board; Members.--
Section 242(e)(1)(A) of the Adult Education and Family Literacy Act (20
U.S.C. 9252(e)(1)(A)) is amended by striking ``with the advice and
consent of the Senate''.
(ee) Institute of American Indian and Alaska Native Culture and Arts
Development; Member, Board of Trustees.--Section 1505 of the American
Indian, Alaska Native, and Native Hawaiian Culture and Art Development
Act (20 U.S.C. 4412(a)(1)(A)) is amended by striking ``by and with the
advice and consent of the Senate''.
(ff) Public Health Service Commissioned Officer Corps.--
(1) Appointment.--Section 203(a)(3) of the Public Health
Service Act (42 U.S.C. 204(a)(3)) is amended by striking ``with
the advice and consent of the Senate''.
(2) Promotions.--Section 210(a) of the Public Health Service
Act (42 U.S.C. 211(a)) is amended by striking ``, by and with
the advice and consent of the Senate''.

(gg) National Oceanic and Atmospheric Administration Commissioned
Officer Corps.--
(1) Appointments and promotions to permanent grades.--
Section 226 of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C.
3026) is amended by striking ``, by and with the advice and
consent of the Senate''.
(2) Positions of importance and responsibility.--Section
228(d)(1) of such Act (33 U.S.C. 3028(d)(1)) is amended by
striking ``, by and with the advice and consent of the Senate''.
(3) Temporary appointments and promotions generally.--
Section 229 of such Act (33 U.S.C. 3029) is amended--
(A) by striking ``alone'' each place it appears; and
(B) in subsection (a), in the second sentence, by
striking ``unless the Senate sooner gives its advice and
consent to the appointment''.

(hh) <>  Rule of Construction.--
Notwithstanding section 3132(a)(2) of title 5, United States Code,
removal of Senate confirmation for any position in this section shall
not--
(1) result in any such position being placed in the Senior
Executive Service; or
(2) alter compensation for any such position under the
Executive Schedule or other applicable compensation provisions
of law.

[[Page 1291]]

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

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

``(a) Appointment.--
``(1) In general.--The Bureau shall be headed by a Director
of the Census, appointed by the President, by and with the
advice and consent of the Senate, without regard to political
affiliation.
``(2) Qualifications.--Such appointment shall be made from
individuals who have a demonstrated ability in managing large
organizations and experience in the collection, analysis, and
use of statistical data.

``(b) Term of Office.--
``(1) In general.--The term of office of the Director shall
be 5 years, and shall begin on January 1, 2012, and every fifth
year thereafter. An individual may not serve more than 2 full
terms as Director.
``(2) Vacancies.--Any individual appointed to fill a vacancy
in such position, occurring before the expiration of the term
for which such individual's predecessor was appointed, shall be
appointed for the remainder of that term. The Director may serve
after the end of the Director's term until reappointed or until
a successor has been appointed, but in no event longer than 1
year after the end of such term.
``(3) <>  Removal.--An
individual serving as Director may be removed from office by the
President. The President shall communicate in writing the
reasons for any such removal to both Houses of Congress not
later than 60 days before the removal.
``(4) Personnel actions.--Except as provided under paragraph
(3), nothing in this subsection shall prohibit a personnel
action otherwise authorized by law with respect to the Director
of the Census, other than removal.

``(c) Duties.--The Director shall perform such duties as may be
imposed upon the Director by law, regulations, or orders of the
Secretary.''.
(b) <>  Transition Rules.--
(1) Appointment of initial director.--The initial Director
of the Bureau of the Census shall be appointed in accordance
with the provisions of section 21(a) of title 13, United States
Code, as amended by subsection (a).
(2) Interim role of current director of the census after
date of enactment.--If, as of January 1, 2012, the initial
Director of the Bureau of the Census has not taken office, the
officer serving on December 31, 2011, as Director of the Census
(or Acting Director of the Census, if applicable) in the
Department of Commerce--
(A) shall serve as the Director of the Bureau of the
Census; and
(B) shall assume the powers and duties of such
Director for one term beginning January 1, 2012, as
described in section 21(b) of such title, as so amended.

(c) <>  Technical and
Conforming Amendments.--Not later than January 1, 2012, the Secretary of
Commerce, in consultation with the Director of the Census, shall submit
to each House of the

[[Page 1292]]

Congress draft legislation containing any technical and conforming
amendments to title 13, United States Code, and any other provisions
which may be necessary to carry out the purposes of this section.
SEC. 4. WORKING GROUP ON STREAMLINING PAPERWORK FOR EXECUTIVE
NOMINATIONS.

(a) Establishment.--There is established the Working Group on
Streamlining Paperwork for Executive Nominations (in this section
referred to as the ``Working Group'').
(b) Membership.--
(1) Composition.--The Working Group shall be composed of--
(A) the chairperson who shall be--
(i) except as provided under clause (ii), the
Director of the Office of Presidential Personnel;
or
(ii) a Federal officer designated by the
President;
(B) representatives designated by the President
from--
(i) the Office of Personnel Management;
(ii) the Office of Government Ethics; and
(iii) the Federal Bureau of Investigation; and
(C) individuals appointed by the chairperson of the
Working Group who have experience and expertise relating
to the Working Group, including--
(i) individuals from other relevant Federal
agencies; and
(ii) individuals with relevant experience from
previous presidential administrations.

(c) Streamlining of Paperwork Required for Executive Nominations.--
(1) <>  In general.--Not
later than 90 days after the date of enactment of this Act, the
Working Group shall conduct a study and submit a report on the
streamlining of paperwork required for executive nominations
to--
(A) the President;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(C) the Committee on Rules and Administration of the
Senate.
(2) Consultation with committees of the senate.--In
conducting the study under this section, the Working Group shall
consult with the chairperson and ranking member of the
committees referred to under paragraph (1) (B) and (C).
(3) Contents.--
(A) In general.--The report submitted under this
section shall include--
(i) <>
recommendations for the streamlining of paperwork
required for executive nominations; and
(ii) <>  a detailed plan for the
creation and implementation of an electronic
system for collecting and distributing background
information from potential and actual Presidential
nominees for positions which require appointment
by and with the advice and consent of the Senate.
(B) Electronic system.--The electronic system
described under subparagraph (A)(ii) shall--
(i) provide for--

[[Page 1293]]

(I) less burden on potential
nominees for positions which require
appointment by and with the advice and
consent of the Senate;
(II) faster delivery of background
information to Congress, the White
House, the Federal Bureau of
Investigation, Diplomatic Security, and
the Office of Government Ethics; and
(III) fewer errors of omission; and
(ii) ensure the existence and operation of a
single, searchable form which shall be known as a
``Smart Form'' and shall--
(I) be free to a nominee and easy to
use;
(II) make it possible for the
nominee to answer all vetting questions
one way, at a single time;
(III) secure the information
provided by a nominee;
(IV) allow for multiple submissions
over time, but always in the format
requested by the vetting agency or
entity;
(V) be compatible across different
computer platforms;
(VI) make it possible to easily add,
modify, or subtract vetting questions;
(VII) allow error checking; and
(VIII) allow the user to track the
progress of a nominee in providing the
required information.

(d) Review of Background Investigation Requirements.--
(1) In general.--The Working Group shall conduct a review of
the impact of background investigation requirements on the
appointments process.
(2) Conduct of review.--In conducting the review, the
Working Group shall--
(A) <>  assess the feasibility of
using personnel other than Federal Bureau of
Investigation personnel, in appropriate circumstances,
to conduct background investigations of individuals
under consideration for positions appointed by the
President, by and with the advice and consent of the
Senate; and
(B) consider the extent to which the scope of the
background investigation conducted for an individual
under consideration for a position appointed by the
President, by and with the advice and consent of the
Senate, should be varied depending on the nature of the
position for which the individual is being considered.
(3) Report.--Not later than 270 days after the date of
enactment of this Act, the Working Group shall submit a report
of the findings of the review under this subsection to--
(A) the President;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(C) the Committee on Rules and Administration of the
Senate.

(e) Personnel Matters.--
(1) Compensation of members.--
(A) Federal officers and employees.--Each member of
the Working Group who is a Federal officer or employee

[[Page 1294]]

shall serve without compensation in addition to that
received for their services as a Federal officer or
employee.
(B) Members not federal officers and employees.--
Each member of the Working Group who is not a Federal
officer or employee shall not be compensated for
services performed for the Working Group.
(2) Travel expenses.--The members of the Working Group shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code, while
away from their homes or regular places of business in the
performance of services for the Working Group.
(3) Staff.--
(A) In general.--The President may designate Federal
officers and employees to provide support services for
the Working Group.
(B) Detail of federal employees.--Any Federal
employee may be detailed to the Working Group without
reimbursement, and such detail shall be without
interruption or loss of civil service status or
privilege.

(f) Non-Applicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Working Group established under this section.
(g) Termination of the Working Group.--The Working Group shall
terminate 60 days after the date on which the Working Group submits the
latter of the 2 reports under this section.
SEC. 5. REPORT ON PRESIDENTIALLY APPOINTED POSITIONS.

(a) Definitions.--In this section--
(1) the term ``agency'' means an Executive agency defined
under section 105 of title 5, United States Code; and
(2) the term ``covered position'' means a position in an
agency that requires appointment by the President without the
advice and consent of the Senate.

(b) <>  In General.--Not later than 180 days after the
date of enactment of this Act, the Government Accountability Office
shall conduct a study and submit a report on covered positions to
Congress and the President.

(c) <>
Contents.--The report submitted under this section shall include--
(1) a determination of the number of covered positions in
each agency;
(2) an evaluation of whether maintaining the total number of
covered positions is necessary;
(3) an evaluation of the benefits and disadvantages of--
(A) eliminating certain covered positions;
(B) converting certain covered positions to career
positions or positions in the Senior Executive Service
that are not career reserved positions; and
(C) converting any categories of covered positions
to career positions;
(4) the identification of--
(A) covered positions described under paragraph
(3)(A) and (B); and
(B) categories of covered positions described under
paragraph (3)(C); and

[[Page 1295]]

(5) any other recommendations relating to covered positions.
SEC. 6. EFFECTIVE DATE.

(a) <>  Presidential Appointments Not Subject
to Senate Approval.--The <>  amendments made by
section 2 shall take effect 60 days after the date of enactment of this
Act and apply to appointments made on and after that effective date,
including any nomination pending in the Senate on that date.

(b) <>  Director of the Census and Working
Group.--The provisions of sections 3 and 4 (including any amendments
made by those sections) shall take effect on the date of enactment of
this Act.

Approved August 10, 2012.

LEGISLATIVE HISTORY--S. 679:
---------------------------------------------------------------------------

SENATE REPORTS: No. 112-24 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD:
Vol. 157 (2011):
June 22, 23, 28, 29, considered and
passed Senate.
Vol. 158 (2012):
July 31, considered and passed
House.