PUBLIC LAW 112–166—AUG. 10, 2012 126 STAT. 1283 

Public Law 112–166 

112th Congress 

An Act 

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

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Presidential Appointment Efficiency and Streamlining Act of 2011’’. 

SEC. 2. PRESIDENTIAL APPOINTMENTS NOT SUBJECT TO SENATE 

APPROVAL. 

(a) AGRICULTURE.— 

(1) ASSISTANT SECRETARY OF AGRICULTURE FOR ADMINISTRATION.—Section 218(b) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6918(b)) is amended— 

(A) by striking ‘‘subsection (a)’’ and inserting ‘‘paragraph (1) or (3) of subsection (a)’’; 

(B) by striking subsection (c); and 

(C) by redesignating subsection (d) as subsection (c). 

(2) RURAL UTILITIES SERVICE ADMINISTRATOR.—Section 

232(b)(1) of the Department of Agriculture Reorganization Act 

of 1994 (7 U.S.C. 6942(b)(1)) is amended— 

(A) by striking ‘‘, by and with the advice and consent 

of the Senate’’; 

(B) by striking paragraph (2); and 

(C) by redesignating paragraph (3) as paragraph (2). 

(3) COMMODITY CREDIT CORPORATION.—Section 9(a) of the 

Commodity Credit Corporation Charter Act (15 U.S.C. 714g(a)) 

is amended in the third sentence by striking ‘‘by and with 

the advice and consent of the Senate’’. 

(b) COMMERCE.— 

(1) CHIEF SCIENTIST; NATIONAL OCEANIC AND ATMOSPHERIC

ADMINISTRATION.—Section 2(d) of Reorganization Plan No. 4 

of 1970 (5 U.S.C. App. 1) is amended by striking ‘‘, by and 

with the advice and consent of the Senate,’’. 

(c) DEPARTMENT OF DEFENSE.— 

(1) ASSISTANT SECRETARIES OF DEFENSE.— 

(A) IN GENERAL.—Section 138(a)(1) of title 10, United 

States Code, is amended by striking ‘‘16’’ and inserting 

‘‘14’’. 

(B) ADMINISTRATION OF REDUCTION.—The Assistant 

Secretary of Defense positions eliminated in accordance 

with the reduction in numbers required by the amendment 

made by subparagraph (A) shall be— 

10 USC 138 note. 

15 USC 1511 

note. 

5 USC 5315. 

5 USC 101 note. 

Presidential 

Appointment 

Efficiency and 

Streamlining Act 

of 2011. 

Aug. 10, 2012 

[S. 679] 


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126 STAT. 1284 PUBLIC LAW 112–166—AUG. 10, 2012 

(i) the Assistant Secretary of Defense for Networks 

and Information Integration; and 

(ii) the Assistant Secretary of Defense for Public 

Affairs. 

(C) CONTINUED SERVICE OF INCUMBENTS.—Notwithstanding the requirements of this paragraph, any individual serving in a position described under subparagraph 

(B) on the date of the enactment of this Act may continue 

to serve in such position without regard to the limitation 

imposed by the amendment in subparagraph (A). 

(D) PLAN FOR SUCCESSOR POSITIONS.—Not later than 

180 days after the date of the enactment of this Act, 

the Secretary of Defense shall report to the congressional 

defense committees on his plan for successor positions, 

not subject to Senate confirmation, for the positions eliminated in accordance with the requirements of this paragraph. 

(2) MEMBERS OF NATIONAL SECURITY EDUCATION BOARD.— 

Section 803(b)(7) of the David L. Boren National Security Education Act of 1991 (50 U.S.C. 1903(b)(7)) is amended by striking 

‘‘by and with the advice and consent of the Senate,’’. 

(3) DIRECTOR OF SELECTIVE SERVICE.—Section 10(a)(3) of 

the Selective Service Act of 1948 (50 U.S.C. App. 460(a)(3)) 

is amended by striking ‘‘, by and with the advice and consent 

of the Senate’’. 

(d) DEPARTMENT OF EDUCATION.— 

(1) ASSISTANT SECRETARY FOR MANAGEMENT.—Section 

202(e) of the Department of Education Organization Act (20 

U.S.C. 3412(e)) is amended by inserting after the first sentence 

the following: ‘‘Notwithstanding the previous sentence, the 

appointments of individuals to serve as the Assistant Secretary 

for Management shall not be subject to the advice and consent 

of the Senate.’’. 

(2) COMMISSIONER, EDUCATION STATISTICS.—Section 117(b) 

of the Education Sciences Reform Act of 2002 (20 U.S.C. 

9517(b)) is amended by striking ‘‘, by and with the advice 

and consent of the Senate,’’. 

(e) DEPARTMENT OF HEALTH AND HUMAN SERVICES.— 

(1) ASSISTANT SECRETARY FOR PUBLIC AFFAIRS.—Notwithstanding any other provision of law, the appointment of an 

individual to serve as the Assistant Secretary for Public Affairs 

within the Department of Health and Human Services shall 

not be subject to the advice and consent of the Senate. 

(f) DEPARTMENT OF HOMELAND SECURITY.— 

(1) DIRECTOR OF THE OFFICE FOR DOMESTIC PREPAREDNESS; 

ASSISTANT ADMINISTRATOR OF THE FEDERAL EMERGENCY

MANAGEMENT AGENCY, GRANT PROGRAMS.—Section 430(b) of the 

Homeland Security Act of 2002 (6 U.S.C. 238(b)) is amended 

by striking ‘‘, by and with the advice and consent of the Senate’’. 

(2) ADMINISTRATOR OF THE UNITED STATES FIRE ADMINISTRATION.—Section 5(b) of the Federal Fire Prevention and Control 

Act of 1974 (15 U.S.C. 2204(b)) is amended by striking ‘‘, 

by and with the advice and consent of the Senate,’’. 

(3) DIRECTOR OF THE OFFICE OF COUNTERNARCOTICS

ENFORCEMENT.—Section 878(a) of the Homeland Security Act 

of 2002 (6 U.S.C. 458(a)) is amended by striking ‘‘, by and 

with the advice and consent of the Senate’’. 

42 USC 3501a 

note. 

Deadline. 

Reports. 


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PUBLIC LAW 112–166—AUG. 10, 2012 126 STAT. 1285 

(4) CHIEF MEDICAL OFFICER.—Section 516(a) of the Homeland Security Act of 2002 (6 U.S.C. 321e(a)) is amended by 

striking ‘‘, by and with the advice and consent of the Senate’’. 

(5) ASSISTANT SECRETARIES.—Section 103(a) of the Homeland Security Act of 2002 (6 U.S.C. 113(a) is amended— 

(A) by striking ‘‘There’’ and inserting ‘‘(1) IN GENERAL.—Except as provided under paragraph (2), there’’; 

(B) by redesignating paragraphs (1) through (10) as 

subparagraphs (A) through (J), respectively; and 

(C) by adding at the end the following: 

‘‘(2) ASSISTANT SECRETARIES.—If any of the Assistant Secretaries referred to under paragraph (1)(I) is designated to be 

the Assistant Secretary for Health Affairs, the Assistant Secretary for Legislative Affairs, or the Assistant Secretary for 

Public Affairs, that Assistant Secretary shall be appointed by 

the President without the advice and consent of the Senate.’’. 

(g) HOUSING AND URBAN DEVELOPMENT; ASSISTANT SECRETARY

FOR PUBLIC AFFAIRS.—Section 4(a) of the Department of Housing 

and Urban Development Act (42 U.S.C. 3533(a)) is amended— 

(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; 

(2) by striking ‘‘eight’’ and inserting ‘‘7’’; and 

(3) by adding at the end the following: 

‘‘(2) There shall be in the Department an Assistant Secretary 

for Public Affairs, who shall be appointed by the President and 

shall perform such functions, powers, and duties as the Secretary 

shall prescribe from time to time.’’. 

(h) DEPARTMENT OF JUSTICE.— 

(1) DIRECTOR, BUREAU OF JUSTICE STATISTICS.—Section 

302(b) of title I of the Omnibus Crime Control and Safe Streets 

Act of 1968 (42 U.S.C. 3732(b)) is amended by striking ‘‘, 

by and with the advice and consent of the Senate’’. 

(2) DIRECTOR, BUREAU OF JUSTICE ASSISTANCE.—Section 

401(b) of title I of the Omnibus Crime Control and Safe Streets 

Act of 1968 (42 U.S.C. 3741(b)) is amended by striking ‘‘, 

by and with the advice and consent of the Senate’’. 

(3) DIRECTOR, NATIONAL INSTITUTE OF JUSTICE.—Section 

202(b) of title I of the Omnibus Crime Control and Safe Streets 

Act of 1968 (42 U.S.C. 3722(b)) is amended by striking ‘‘, 

by and with the advice and consent of the Senate’’. 

(4) ADMINISTRATOR, OFFICE OF JUVENILE JUSTICE AND

DELINQUENCY PREVENTION.—Section 201(b) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611(b)) 

is amended by striking ‘‘, by and with the advice and consent 

of the Senate,’’. 

(5) DIRECTOR, OFFICE FOR VICTIMS OF CRIME.—Section 

1411(b) of the Victims of Crime Act of 1984 (42 U.S.C. 10605(b)) 

is amended by striking ‘‘, by and with the advice and consent 

of the Senate’’. 

(i) DEPARTMENT OF LABOR.— 

(1) ASSISTANT SECRETARIES FOR ADMINISTRATION AND

MANAGEMENT AND PUBLIC AFFAIRS.—Notwithstanding section 

2 of the Act of April 17, 1946 (29 U.S.C. 553), the appointment 

of individuals to serve as the Assistant Secretary for Administration and Management and the Assistant Secretary for Public 

Affairs within the Department of Labor, shall not be subject 

to the advice and consent of the Senate. 

29 USC 553 note. 


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126 STAT. 1286 PUBLIC LAW 112–166—AUG. 10, 2012 

(2) DIRECTOR OF THE WOMEN’S BUREAU.—Section 2 of the 

Act of June 5, 1920 (29 U.S.C. 12) is amended by striking 

‘‘, by and with the advice and consent of the Senate’’. 

(j) DEPARTMENT OF STATE; ASSISTANT SECRETARY FOR PUBLIC

AFFAIRS AND ASSISTANT SECRETARY FOR ADMINISTRATION.—Section 

1(c)(1) of the State Department Basic Authorities Act of 1956 (22 

U.S.C. 2651a(c)(1)) is amended— 

(1) by striking ‘‘, each of whom shall be appointed by 

the President, by and with the advice and consent of the Senate, 

and’’; and 

(2) by adding at the end the following: ‘‘Each Assistant 

Secretary of State shall be appointed by the President, by 

and with the advice and consent of the Senate, except that 

the appointments of the Assistant Secretary for Public Affairs 

and the Assistant Secretary for Administration shall not be 

subject to the advice and consent of the Senate.’’. 

(k) DEPARTMENT OF TRANSPORTATION.— 

(1) ASSISTANT SECRETARIES.—Section 102(e) of title 49, 

United States Code, is amended— 

(A) by striking ‘‘(e) THE DEPARTMENT’’ and all that 

follows through ‘‘An Assistant Secretary’’ and inserting the 

following: 

‘‘(e) ASSISTANT SECRETARIES; GENERAL COUNSEL.— 

‘‘(1) APPOINTMENT.—The Department has 5 Assistant Secretaries and a General Counsel, including— 

‘‘(A) an Assistant Secretary for Aviation and International Affairs, an Assistant Secretary for Governmental 

Affairs, and an Assistant Secretary for Transportation 

Policy, who shall each be appointed by the President, with 

the advice and consent of the Senate; 

‘‘(B) an Assistant Secretary for Budget and Programs 

who shall be appointed by the President; 

‘‘(C) an Assistant Secretary for Administration, who 

shall be appointed by the Secretary, with the approval 

of the President; and 

‘‘(D) a General Counsel, who shall be appointed by 

the President, with the advice and consent of the Senate. 

‘‘(2) DUTIES AND POWERS.—The officers set forth in paragraph (1) shall carry out duties and powers prescribed by 

the Secretary. An Assistant Secretary’’. 

(2) DEPUTY ADMINISTRATOR, FEDERAL AVIATION ADMINISTRATION.—Section 106 of title 49, United States Code, is amended— 

(A) in subsection (b), by striking ‘‘. The Administration 

has a Deputy Administrator. They are appointed’’ and 

inserting ‘‘, who shall be appointed’’; and 

(B) in subsection (d)(1), by striking ‘‘The Deputy 

Administrator must’’ and inserting ‘‘The Administration 

has a Deputy Administrator, who shall be appointed by 

the President. In making an appointment, the President 

shall consider the fitness of the appointee to efficiently 

carry out the duties and powers of the office. The Deputy 

Administrator shall’’. 

(l) DEPARTMENT OF THE TREASURY.— 

(1) ASSISTANT SECRETARIES FOR PUBLIC AFFAIRS AND

MANAGEMENT.—Section 301(e) of title 31, United States Code, 

is amended— 


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PUBLIC LAW 112–166—AUG. 10, 2012 126 STAT. 1287 

(A) by striking ‘‘10 Assistant Secretaries’’ and inserting 

‘‘8 Assistant Secretaries’’; and 

(B) by inserting ‘‘The Department shall have 2 Assistant Secretaries not subject to the advice and consent of 

the Senate who shall be the Assistant Secretary for Public 

Affairs, and the Assistant Secretary for Management.’’ after 

the first sentence. 

(2) TREASURER OF THE UNITED STATES.—Section 301(d) of 

title 31, United States Code, is amended— 

(A) by striking ‘‘2 Deputy Under Secretaries, and a 

Treasurer of the United States’’ and inserting ‘‘and 2 

Deputy Under Secretaries’’, and 

(B) by inserting ‘‘and a Treasurer of the United States 

appointed by the President’’ after ‘‘Fiscal Assistant Secretary appointed by the Secretary’’. 

(m) DEPARTMENT OF VETERANS AFFAIRS.—Section 308(a) of title 

38, United States Code, is amended— 

(1) by striking ‘‘There shall’’ and inserting ‘‘(1) There shall’’; 

(2) in paragraph (1), as designated by paragraph (1) of 

this subsection, by striking ‘‘Each Assistant’’ and all that follows 

through the period at the end; and 

(3) by adding at the end the following new paragraphs: 

‘‘(2) Except as provided in paragraph (3), each Assistant Secretary appointed under paragraph (1) shall be appointed by the 

President, by and with the advice and consent of the Senate. 

‘‘(3) The following Assistant Secretaries may be appointed without the advice and consent of the Senate: 

‘‘(A) The Assistant Secretary for Management. 

‘‘(B) The Assistant Secretary for Human Resources and 

Administration. 

‘‘(C) The Assistant Secretary for Public and Intergovernmental Affairs. 

‘‘(D) The Assistant Secretary for Operations, Security, and 

Preparedness.’’. 

(n) APPALACHIAN REGIONAL COMMISSION; ALTERNATE FEDERAL

CO-CHAIRMAN.—Section 14301(b)(2) of title 40, United States Code, 

is amended by striking ‘‘by and with the advice and consent of 

the Senate’’. 

(o) COUNCIL OF ECONOMIC ADVISERS, MEMBERS.—Section 10 

of the Employment Act of 1946 (15 U.S.C. 1023) is amended by 

striking subsection (a) and inserting the following: 

‘‘(a) CREATION; COMPOSITION; QUALIFICATIONS; CHAIRMAN AND

VICE CHAIRMAN.— 

‘‘(1) CREATION.—There is created in the Executive Office 

of the President a Council of Economic Advisers (hereinafter 

called the ‘Council’). 

‘‘(2) COMPOSITION.—The Council shall be composed of three 

members, of whom— 

‘‘(A) 1 shall be the chairman who shall be appointed 

by the President by and with the advice and consent of 

the Senate; and 

‘‘(B) 2 shall be appointed by the President. 

‘‘(3) QUALIFICATIONS.—Each member shall be a person who, 

as a result of training, experience, and attainments, is 

exceptionally qualified to analyze and interpret economic 

developments, to appraise programs and activities of the 

Government in the light of the policy declared in section 2, 


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126 STAT. 1288 PUBLIC LAW 112–166—AUG. 10, 2012 

and to formulate and recommend national economic policy to 

promote full employment, production, and purchasing power 

under free competitive enterprise. 

‘‘(4) VICE CHAIRMAN.—The President shall designate 1 of 

the members of the Council as vice chairman, who shall act 

as chairman in the absence of the chairman.’’. 

(p) CORPORATION FOR NATIONAL AND COMMUNITY SERVICE; 

MANAGING DIRECTOR.—Section 194(a)(1) of the National and 

Community Service Act of 1990 (42 U.S.C. 12651e(a)(1)) is amended 

by striking ‘‘, by and with the advice and consent of the Senate’’. 

(q) NATIONAL COUNCIL ON DISABILITY MEMBERS.—Section 

400(a)(1)(A) of the Rehabilitation Act of 1973 (29 U.S.C. 

780(a)(1)(A)) is amended by striking ‘‘, by and with the advice 

and consent of the Senate’’. 

(r) NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES; 

NATIONAL MUSEUM AND LIBRARY SERVICES BOARD; MEMBERS.— Section 207(b)(1) of the Museum and Library Services Act (20 

U.S.C. 9105a(b)(1)) is amended— 

(1) in subparagraph (D), by striking ‘‘, by and with the 

advice and consent of the Senate’’; and 

(2) in subparagraph (E), by striking ‘‘, by and with the 

advice and consent of the Senate’’. 

(s) NATIONAL SCIENCE FOUNDATION; BOARD MEMBERS.—Section 

4(a) of the National Science Foundation Act of 1950 (42 U.S.C. 

1863(a)) is amended by striking ‘‘, by and with the advice and 

consent of the Senate,’’. 

(t) OFFICE OF NATIONAL DRUG CONTROL POLICY; DEPUTY DIRECTORS.—Section 704(a)(1) of the Office of National Drug Control 

Policy Reauthorization Act of 1998 (21 U.S.C. 1703(a)(1)) is amended 

to read as follows: 

‘‘(1) IN GENERAL.— 

‘‘(A) DIRECTOR.—The Director shall be appointed by 

the President, by and with the advice and consent of the 

Senate, and shall serve at the pleasure of the President. 

‘‘(B) DEPUTY DIRECTORS.—The Deputy Director of 

National Drug Control Policy, Deputy Director for Demand 

Reduction, the Deputy Director for Supply Reduction, and 

the Deputy Director for State, Local, and Tribal Affairs 

shall each be appointed by the President and serve at 

the pleasure of the President. 

‘‘(C) DEPUTY DIRECTOR FOR DEMAND REDUCTION.—In 

appointing the Deputy Director for Demand Reduction 

under this paragraph, the President shall take into consideration the scientific, educational, or professional background of the individual, and whether the individual has 

experience in the fields of substance abuse prevention, 

education, or treatment.’’. 

(u) OFFICE OF NAVAJO AND HOPI RELOCATION; COMMISSIONER.— 

Section 12(b)(1) of Public Law 93–531 (25 U.S.C. 640d–11(b)(1)) 

is amended by striking ‘‘by and with the advice and consent of 

the Senate’’. 

(v) UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT.— 

(1) ASSISTANT ADMINISTRATOR FOR MANAGEMENT.—Notwithstanding section 624(a) of the Foreign Assistance Act of 1961 

(22 U.S.C. 2384(a)), the appointment by the President of the 

Assistant Administrator for Management at the United States 

22 USC 2384 

note. 


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PUBLIC LAW 112–166—AUG. 10, 2012 126 STAT. 1289 

Agency for International Development shall not be subject to 

the advice and consent of the Senate. 

(w) COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION FUND; 

ADMINISTRATOR.—Section 104(b)(1) of the Community Development 

Banking and Financial Institutions Act of 1994 (12 U.S.C. 

4703(b)(1)) is amended by striking ‘‘, by and with the advice and 

consent of the Senate’’. 

(x) DEPARTMENT OF TRANSPORTATION; ST. LAWRENCE SEAWAY

DEVELOPMENT CORPORATION; ADMINISTRATOR.—Subsection (a) of 

section 2 of the Act of May 13, 1954, referred to as the Saint 

Lawrence Seaway Act (33 U.S.C. 982(a)) is amended by striking 

‘‘, by and with the advice and consent of the Senate, for a term 

of seven years’’. 

(y) MISSISSIPPI RIVER COMMISSION; COMMISSIONER.—Section 2 

of the Act of June 28, 1879 (33 U.S.C. 642), is amended in the 

first sentence by striking ‘‘, by and with the advice and consent 

of the Senate,’’. 

(z) GOVERNOR AND ALTERNATE GOVERNOR OF THE AFRICAN

DEVELOPMENT BANK.— 

(1) IN GENERAL.—Section 1333 of the African Development 

Bank Act (22 U.S.C. 290i–1) is amended— 

(A) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and 

(B) by striking ‘‘(a) The President’’ and all that follows 

through ‘‘The term of office’’ and inserting the following: 

‘‘(a) The President shall appoint a Governor and an Alternate 

Governor of the Bank— 

‘‘(1) by and with the advice and consent of the Senate; 

or 

‘‘(2) from among individuals serving as officials required 

by law to be appointed by and with the advice and consent 

of the Senate. 

‘‘(b) The term of office’’. 

(2) CONFORMING AMENDMENTS.—Section 1334 of such Act 

(22 U.S.C. 290i–2) is amended— 

(A) by striking ‘‘The Director or Alternate Director’’ 

and inserting the following: 

‘‘(b) The Director or Alternate Director’’; and 

(B) by inserting before subsection (b), as redesignated, 

the following: 

‘‘(a) The President, by and with the advice and consent of 

the Senate, shall appoint a Director of the Bank.’’. 

(aa) GOVERNOR AND ALTERNATE GOVERNOR OF THE ASIAN

DEVELOPMENT BANK.—Section 3(a) of the Asian Development Bank 

Act (22 U.S.C. 285a(a)) is amended to read as follows: 

‘‘(a) The President shall appoint— 

‘‘(1) a Governor of the Bank and an alternate for the 

Governor— 

‘‘(A) by and with the advice and consent of the Senate; 

or 

‘‘(B) from among individuals serving as officials 

required by law to be appointed by and with the advice 

and consent of the Senate; and 

‘‘(2) a Director of the Bank, by and with the advice and 

consent of the Senate.’’. 


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126 STAT. 1290 PUBLIC LAW 112–166—AUG. 10, 2012 

(bb) GOVERNOR AND ALTERNATE GOVERNOR OF THE AFRICAN

DEVELOPMENT FUND.—Section 203(a) of the African Development 

Fund Act (22 U.S.C. 290g–1(a)) is amended to read as follows: 

‘‘(a) The President shall appoint a Governor, and an Alternate 

Governor, of the Fund— 

‘‘(1) by and with the advice and consent of the Senate; 

or 

‘‘(2) from among individuals serving as officials required 

by law to be appointed by and with the advice and consent 

of the Senate.’’. 

(cc) NATIONAL BOARD FOR EDUCATION SCIENCES; MEMBERS.— 

Section 116(c)(1) of the Education Sciences Reform Act of 2002 

(20 U.S.C. 9516(c)(1)) is amended by striking ‘‘, by and with the 

advice and consent of the Senate’’. 

(dd) NATIONAL INSTITUTE FOR LITERACY ADVISORY BOARD; MEMBERS.—Section 242(e)(1)(A) of the Adult Education and Family Literacy Act (20 U.S.C. 9252(e)(1)(A)) is amended by striking ‘‘with 

the advice and consent of the Senate’’. 

(ee) INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND ARTS DEVELOPMENT; MEMBER, BOARD OF TRUSTEES.— 

Section 1505 of the American Indian, Alaska Native, and Native 

Hawaiian Culture and Art Development Act (20 U.S.C. 

4412(a)(1)(A)) is amended by striking ‘‘by and with the advice 

and consent of the Senate’’. 

(ff) PUBLIC HEALTH SERVICE COMMISSIONED OFFICER CORPS.— 

(1) APPOINTMENT.—Section 203(a)(3) of the Public Health 

Service Act (42 U.S.C. 204(a)(3)) is amended by striking ‘‘with 

the advice and consent of the Senate’’. 

(2) PROMOTIONS.—Section 210(a) of the Public Health 

Service Act (42 U.S.C. 211(a)) is amended by striking ‘‘, by 

and with the advice and consent of the Senate’’. 

(gg) NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COMMISSIONED OFFICER CORPS.— 

(1) APPOINTMENTS AND PROMOTIONS TO PERMANENT

GRADES.—Section 226 of the National Oceanic and Atmospheric 

Administration Commissioned Officer Corps Act of 2002 (33 

U.S.C. 3026) is amended by striking ‘‘, by and with the advice 

and consent of the Senate’’. 

(2) POSITIONS OF IMPORTANCE AND RESPONSIBILITY.—Section 228(d)(1) of such Act (33 U.S.C. 3028(d)(1)) is amended 

by striking ‘‘, by and with the advice and consent of the Senate’’. 

(3) TEMPORARY APPOINTMENTS AND PROMOTIONS GENERALLY.—Section 229 of such Act (33 U.S.C. 3029) is amended— 

(A) by striking ‘‘alone’’ each place it appears; and 

(B) in subsection (a), in the second sentence, by striking 

‘‘unless the Senate sooner gives its advice and consent 

to the appointment’’. 

(hh) RULE OF CONSTRUCTION.—Notwithstanding section 

3132(a)(2) of title 5, United States Code, removal of Senate confirmation for any position in this section shall not— 

(1) result in any such position being placed in the Senior 

Executive Service; or 

(2) alter compensation for any such position under the 

Executive Schedule or other applicable compensation provisions 

of law. 

5 USC 3132 note. 


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PUBLIC LAW 112–166—AUG. 10, 2012 126 STAT. 1291 

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

(a) IN GENERAL.—Section 21 of the title 13, United States 

Code, is amended to read as follows: 

‘‘§ 21. Director of the Census; duties 

‘‘(a) APPOINTMENT.— ‘‘(1) IN GENERAL.—The Bureau shall be headed by a 

Director of the Census, appointed by the President, by and 

with the advice and consent of the Senate, without regard 

to political affiliation. 

‘‘(2) QUALIFICATIONS.—Such appointment shall be made 

from individuals who have a demonstrated ability in managing 

large organizations and experience in the collection, analysis, 

and use of statistical data. 

‘‘(b) TERM OF OFFICE.— 

‘‘(1) IN GENERAL.—The term of office of the Director shall 

be 5 years, and shall begin on January 1, 2012, and every 

fifth year thereafter. An individual may not serve more than 

2 full terms as Director. 

‘‘(2) VACANCIES.—Any individual appointed to fill a vacancy 

in such position, occurring before the expiration of the term 

for which such individual’s predecessor was appointed, shall 

be appointed for the remainder of that term. The Director 

may serve after the end of the Director’s term until reappointed 

or until a successor has been appointed, but in no event longer 

than 1 year after the end of such term. 

‘‘(3) REMOVAL.—An individual serving as Director may be 

removed from office by the President. The President shall 

communicate in writing the reasons for any such removal to 

both Houses of Congress not later than 60 days before the 

removal. 

‘‘(4) PERSONNEL ACTIONS.—Except as provided under paragraph (3), nothing in this subsection shall prohibit a personnel 

action otherwise authorized by law with respect to the Director 

of the Census, other than removal. 

‘‘(c) DUTIES.—The Director shall perform such duties as may 

be imposed upon the Director by law, regulations, or orders of 

the Secretary.’’. 

(b) TRANSITION RULES.— 

(1) APPOINTMENT OF INITIAL DIRECTOR.—The initial 

Director of the Bureau of the Census shall be appointed in 

accordance with the provisions of section 21(a) of title 13, 

United States Code, as amended by subsection (a). 

(2) INTERIM ROLE OF CURRENT DIRECTOR OF THE CENSUS

AFTER DATE OF ENACTMENT.—If, as of January 1, 2012, the 

initial Director of the Bureau of the Census has not taken 

office, the officer serving on December 31, 2011, as Director 

of the Census (or Acting Director of the Census, if applicable) 

in the Department of Commerce— 

(A) shall serve as the Director of the Bureau of the 

Census; and 

(B) shall assume the powers and duties of such Director 

for one term beginning January 1, 2012, as described in 

section 21(b) of such title, as so amended. 

(c) TECHNICAL AND CONFORMING AMENDMENTS.—Not later than 

January 1, 2012, the Secretary of Commerce, in consultation with 

the Director of the Census, shall submit to each House of the 

Deadline. 

Submission. 

13 USC 21 note. 

13 USC 21 note. 

Notification. 

Deadline. 


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126 STAT. 1292 PUBLIC LAW 112–166—AUG. 10, 2012 

Congress draft legislation containing any technical and conforming 

amendments to title 13, United States Code, and any other provisions which may be necessary to carry out the purposes of this 

section. 

SEC. 4. WORKING GROUP ON STREAMLINING PAPERWORK FOR EXECUTIVE NOMINATIONS. 

(a) ESTABLISHMENT.—There is established the Working Group 

on Streamlining Paperwork for Executive Nominations (in this section referred to as the ‘‘Working Group’’). 

(b) MEMBERSHIP.— (1) COMPOSITION.—The Working Group shall be composed 

of— 

(A) the chairperson who shall be— 

(i) except as provided under clause (ii), the Director 

of the Office of Presidential Personnel; or 

(ii) a Federal officer designated by the President; 

(B) representatives designated by the President from— 

(i) the Office of Personnel Management; 

(ii) the Office of Government Ethics; and 

(iii) the Federal Bureau of Investigation; and 

(C) individuals appointed by the chairperson of the 

Working Group who have experience and expertise relating 

to the Working Group, including— 

(i) individuals from other relevant Federal agencies; and 

(ii) individuals with relevant experience from previous presidential administrations. 

(c) STREAMLINING OF PAPERWORK REQUIRED FOR EXECUTIVE

NOMINATIONS.— 

(1) IN GENERAL.—Not later than 90 days after the date 

of enactment of this Act, the Working Group shall conduct 

a study and submit a report on the streamlining of paperwork 

required for executive nominations to— 

(A) the President; 

(B) the Committee on Homeland Security and Governmental Affairs of the Senate; and 

(C) the Committee on Rules and Administration of 

the Senate. 

(2) CONSULTATION WITH COMMITTEES OF THE SENATE.— 

In conducting the study under this section, the Working Group 

shall consult with the chairperson and ranking member of 

the committees referred to under paragraph (1) (B) and (C). 

(3) CONTENTS.— 

(A) IN GENERAL.—The report submitted under this section shall include— 

(i) recommendations for the streamlining of paperwork required for executive nominations; and 

(ii) a detailed plan for the creation and 

implementation of an electronic system for collecting 

and distributing background information from potential and actual Presidential nominees for positions 

which require appointment by and with the advice 

and consent of the Senate. 

(B) ELECTRONIC SYSTEM.—The electronic system 

described under subparagraph (A)(ii) shall— 

(i) provide for— 

Plans. 

Recommendations. 

Deadline. 

Study. 

Reports. 


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PUBLIC LAW 112–166—AUG. 10, 2012 126 STAT. 1293 

(I) less burden on potential nominees for positions which require appointment by and with the 

advice and consent of the Senate; 

(II) faster delivery of background information 

to Congress, the White House, the Federal Bureau 

of Investigation, Diplomatic Security, and the 

Office of Government Ethics; and 

(III) fewer errors of omission; and 

(ii) ensure the existence and operation of a single, 

searchable form which shall be known as a ‘‘Smart 

Form’’ and shall— 

(I) be free to a nominee and easy to use; 

(II) make it possible for the nominee to answer 

all vetting questions one way, at a single time; 

(III) secure the information provided by a 

nominee; 

(IV) allow for multiple submissions over time, 

but always in the format requested by the vetting 

agency or entity; 

(V) be compatible across different computer 

platforms; 

(VI) make it possible to easily add, modify, 

or subtract vetting questions; 

(VII) allow error checking; and 

(VIII) allow the user to track the progress 

of a nominee in providing the required information. 

(d) REVIEW OF BACKGROUND INVESTIGATION REQUIREMENTS.— 

(1) IN GENERAL.—The Working Group shall conduct a 

review of the impact of background investigation requirements 

on the appointments process. 

(2) CONDUCT OF REVIEW.—In conducting the review, the 

Working Group shall— 

(A) assess the feasibility of using personnel other than 

Federal Bureau of Investigation personnel, in appropriate 

circumstances, to conduct background investigations of 

individuals under consideration for positions appointed by 

the President, by and with the advice and consent of the 

Senate; and 

(B) consider the extent to which the scope of the background investigation conducted for an individual under 

consideration for a position appointed by the President, 

by and with the advice and consent of the Senate, should 

be varied depending on the nature of the position for which 

the individual is being considered. 

(3) REPORT.—Not later than 270 days after the date of 

enactment of this Act, the Working Group shall submit a report 

of the findings of the review under this subsection to— 

(A) the President; 

(B) the Committee on Homeland Security and Governmental Affairs of the Senate; and 

(C) the Committee on Rules and Administration of 

the Senate. 

(e) PERSONNEL MATTERS.— 

(1) COMPENSATION OF MEMBERS.— 

(A) FEDERAL OFFICERS AND EMPLOYEES.—Each member 

of the Working Group who is a Federal officer or employee 

Assessment. 


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126 STAT. 1294 PUBLIC LAW 112–166—AUG. 10, 2012 

shall serve without compensation in addition to that 

received for their services as a Federal officer or employee. 

(B) MEMBERS NOT FEDERAL OFFICERS AND

EMPLOYEES.—Each member of the Working Group who is 

not a Federal officer or employee shall not be compensated 

for services performed for the Working Group. 

(2) TRAVEL EXPENSES.—The members of the Working Group 

shall be allowed travel expenses, including per diem in lieu 

of subsistence, at rates authorized for employees of agencies 

under subchapter I of chapter 57 of title 5, United States 

Code, while away from their homes or regular places of business 

in the performance of services for the Working Group. 

(3) STAFF.— 

(A) IN GENERAL.—The President may designate Federal 

officers and employees to provide support services for the 

Working Group. 

(B) DETAIL OF FEDERAL EMPLOYEES.—Any Federal 

employee may be detailed to the Working Group without 

reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. 

(f) NON-APPLICABILITY OF FEDERAL ADVISORY COMMITTEE

ACT.—The Federal Advisory Committee Act (5 U.S.C. App.) shall 

not apply to the Working Group established under this section. 

(g) TERMINATION OF THE WORKING GROUP.—The Working 

Group shall terminate 60 days after the date on which the Working 

Group submits the latter of the 2 reports under this section. 

SEC. 5. REPORT ON PRESIDENTIALLY APPOINTED POSITIONS. 

(a) DEFINITIONS.—In this section— 

(1) the term ‘‘agency’’ means an Executive agency defined 

under section 105 of title 5, United States Code; and 

(2) the term ‘‘covered position’’ means a position in an 

agency that requires appointment by the President without 

the advice and consent of the Senate. 

(b) IN GENERAL.—Not later than 180 days after the date of 

enactment of this Act, the Government Accountability Office shall 

conduct a study and submit a report on covered positions to Congress and the President. 

(c) CONTENTS.—The report submitted under this section shall 

include— 

(1) a determination of the number of covered positions 

in each agency; 

(2) an evaluation of whether maintaining the total number 

of covered positions is necessary; 

(3) an evaluation of the benefits and disadvantages of— 

(A) eliminating certain covered positions; 

(B) converting certain covered positions to career positions or positions in the Senior Executive Service that 

are not career reserved positions; and 

(C) converting any categories of covered positions to 

career positions; 

(4) the identification of— 

(A) covered positions described under paragraph (3)(A) 

and (B); and 

(B) categories of covered positions described under 

paragraph (3)(C); and 

Determination. 

Evaluation. 

Recommendations. 

Study. 


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PUBLIC LAW 112–166—AUG. 10, 2012 126 STAT. 1295 

LEGISLATIVE HISTORY—S. 679: 

SENATE REPORTS: No. 112–24 (Comm. on Homeland Security and Governmental 

Affairs). 

CONGRESSIONAL RECORD: 

Vol. 157 (2011): June 22, 23, 28, 29, considered and passed Senate. 

Vol. 158 (2012): July 31, considered and passed House. 

Æ 

(5) any other recommendations relating to covered positions. 

SEC. 6. EFFECTIVE DATE. 

(a) PRESIDENTIAL APPOINTMENTS NOT SUBJECT TO SENATE

APPROVAL.—The amendments made by section 2 shall take effect 

60 days after the date of enactment of this Act and apply to 

appointments made on and after that effective date, including any 

nomination pending in the Senate on that date. 

(b) DIRECTOR OF THE CENSUS AND WORKING GROUP.—The provisions of sections 3 and 4 (including any amendments made by 

those sections) shall take effect on the date of enactment of this 

Act. 

Approved August 10, 2012. 

13 USC 21 note. 

Applicability. 

6 USC 113 note. 


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