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[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

======================================================================

    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.
---------------------------------------------------------------------------
    \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.''
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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. ''
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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''].
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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''].
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \33\P.L. 111-283.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \37\Edmond v. United States, 520 U.S. 65, 663 (1997).
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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].

                                  
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