II 

Calendar No. 75 

112TH CONGRESS 

1ST SESSION S. 679 

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

IN THE SENATE OF THE UNITED STATES 

MARCH 30, 2011 

Mr. SCHUMER (for himself, Mr. ALEXANDER, Mr. REID, Mr. MCCONNELL, 

Mr. LIEBERMAN, Ms. COLLINS, Mr. BROWN of Massachusetts, Mr. 

BINGAMAN, Mr. BLUMENTHAL, Mr. DURBIN, Mr. JOHANNS, Mr. LUGAR, 

Mr. REED, Mr. WHITEHOUSE, Mr. CARPER, and Mr. KYL) introduced the 

following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

JUNE 13, 2011 

Reported by Mr. LIEBERMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To reduce the number of executive positions subject to 

Senate confirmation. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Presidential Appoint5 ment Efficiency and Streamlining Act of 2011’’. 


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1 SEC. 2. PRESIDENTIAL APPOINTMENTS NOT SUBJECT TO 

2 SENATE APPROVAL. 

3 (a) AGRICULTURE.— 

4 (1) ASSISTANT SECRETARY OF AGRICULTURE

5 FOR CONGRESSIONAL RELATIONS AND ASSISTANT

6 SECRETARY OF AGRICULTURE FOR ADMINISTRA7 TION.—Section 218(b) of the Department of Agri8 culture Reorganization Act of 1994 (7 U.S.C. 

9 6918(b)) is amended— 

10 (A) by striking ‘‘subsection (a)’’ and in11 serting ‘‘subsection (a)(3)’’; 

12 (B) by striking subsection (c); and 

13 (C) by redesignating subsection (d) as sub14 section (c). 

15 (2) RURAL UTILITIES SERVICE ADMINIS16 TRATOR.—Section 232(b)(1) of the Department of 

17 Agriculture Reorganization Act of 1994 (7 U.S.C. 

18 6942(b)(1)) is amended— 

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

20 and consent of the Senate’’; 

21 (B) by striking paragraph (2); and 

22 (C) by redesignating paragraph (3) as 

23 paragraph (2). 

24 (3) COMMODITY CREDIT CORPORATION.—Sec25 tion 9(a) of the Commodity Credit Corporation 

26 Charter Act (15 U.S.C. 714g(a)) is amended in the 


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1 third sentence by striking ‘‘by and with the advice 

2 and consent of the Senate’’. 

3 (b) COMMERCE.— 

4 (1) ASSISTANT SECRETARY FOR LEGISLATIVE

5 AFFAIRS.—The provisions of the Act entitled ‘‘An 

6 Act to provide for the appointment of one additional 

7 Assistant Secretary of Commerce, and for other pur8 poses’’, approved July 15, 1947 (15 U.S.C. 1505), 

9 section 304 of title III of the Departments of State, 

10 Justice, and Commerce and the United States Infor11 mation Agency Appropriation Act, 1955 (15 U.S.C. 

12 1506), and the Act entitled ‘‘An Act to authorize an 

13 additional Assistant Secretary of Commerce’’, ap14 proved February 16, 1962 (15 U.S.C. 1507), that 

15 require the advice and consent of the Senate shall 

16 not apply with respect to the appointment of the As17 sistant Secretary for Congressional Relations. 

18 (2) CHIEF SCIENTIST; NATIONAL OCEANIC AND

19 ATMOSPHERIC ADMINISTRATION.—Section 2(d) of 

20 Reorganization Plan No. 4 of 1970 (5 U.S.C. App. 

21 1) is amended by striking ‘‘, by and with the advice 

22 and consent of the Senate,’’. 

23 (3) ASSISTANT SECRETARY FOR COMMUNICA24 TIONS AND INFORMATION.—Section 103(a)(2) of the 

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1 ministration Organization Act (47 U.S.C. 902(a)(2)) 

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

3 and consent of the Senate’’. 

4 (c) DEPARTMENT OF DEFENSE.— 

5 (1) ASSISTANT SECRETARIES OF DEFENSE FOR

6 LEGISLATIVE AFFAIRS, PUBLIC AFFAIRS, AND NET7 WORKS AND INFORMATION INTEGRATION.—Section 

8 138(a)(2) of title 10, United States Code, as amend9 ed by section 901(b)(4)(A) of the Ike Skelton Na10 tional Defense Authorization Act for Fiscal Year 

11 2011, is further amended to read as follows: 

12 ‘‘(2)(A) Except as provided in subparagraph (B), the 

13 Assistant Secretaries of Defense shall be appointed from 

14 civilian life by the President, by and with the advice and 

15 consent of the Senate. 

16 ‘‘(B) The Assistant Secretary of Defense referred to 

17 in subsection (b)(5), the Assistant Secretary of Defense 

18 for Public Affairs, and the Assistant Secretary of Defense 

19 for Networks and Information Integration shall each be 

20 appointed from civilian life by the President.’’. 

21 (2) ASSISTANT SECRETARY OF THE ARMY FOR

22 FINANCIAL MANAGEMENT.—Section 3016(a) of such 

23 title is amended— 

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

25 (B) by striking the second sentence; and 


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1 (C) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2)(A) Except as provided in subparagraph (B), the 

4 Assistant Secretaries of the Army shall be appointed from 

5 civilian life by the President, by and with the advice and 

6 consent of the Senate. 

7 ‘‘(B) The Assistant Secretary of the Army specified 

8 in subsection (b)(4) shall be appointed from civilian life 

9 by the President.’’. 

10 (3) ASSISTANT SECRETARY OF THE NAVY FOR

11 FINANCIAL MANAGEMENT.—Section 5016(a) of such 

12 title is amended— 

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

14 (B) by striking the second sentence; and 

15 (C) by adding at the end the following new 

16 paragraph: 

17 ‘‘(2)(A) Except as provided in subparagraph (B), the 

18 Assistant Secretaries of the Navy shall be appointed from 

19 civilian life by the President, by and with the advice and 

20 consent of the Senate. 

21 ‘‘(B) The Assistant Secretary of the Navy specified 

22 in subsection (b)(3) shall be appointed from civilian life 

23 by the President.’’. 


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1 (4) ASSISTANT SECRETARY OF THE AIR FORCE

2 FOR FINANCIAL MANAGEMENT.—Section 8016(a) of 

3 such title is amended— 

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

5 (B) by striking the second sentence; and 

6 (C) by adding at the end the following new 

7 paragraph: 

8 ‘‘(2)(A) Except as provided in subparagraph (B), the 

9 Assistant Secretaries of the Air Force shall be appointed 

10 from civilian life by the President, by and with the advice 

11 and consent of the Senate. 

12 ‘‘(B) The Assistant Secretary of the Air Force speci13 fied in subsection (b)(3) shall be appointed from civilian 

14 life by the President.’’. 

15 (5) MEMBERS OF NATIONAL SECURITY EDU16 CATION BOARD.—Section 803(b)(7) of the David L. 

17 Boren National Security Education Act of 1991 (50 

18 U.S.C. 1903(b)(7)) is amended by striking ‘‘by and 

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

20 (d) DEPARTMENT OF EDUCATION.— 

21 (1) ASSISTANT SECRETARY FOR LEGISLATION

22 AND CONGRESSIONAL AFFAIRS AND ASSISTANT SEC23 RETARY FOR MANAGEMENT.—Section 202(e) of the 

24 Department of Education Organization Act (20 

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


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1 first sentence the following: ‘‘Notwithstanding the 

2 previous sentence, the appointments of individuals to 

3 serve as the Assistant Secretary for Legislation and 

4 Congressional Affairs and the Assistant Secretary 

5 for Management shall not be subject to the advice 

6 and consent of the Senate.’’. 

7 (2) COMMISSIONER, REHABILITATION SERVICES

8 ADMINISTRATION.—Section 3(a) of the Rehabilita9 tion Act of 1973 (29 U.S.C. 702(a)) is amended by 

10 striking ‘‘by and with the advice and consent of the 

11 Senate’’. 

12 (3) COMMISSIONER, EDUCATION STATISTICS.— 

13 Section 117(b) of the Education Sciences Reform 

14 Act of 2002 (20 U.S.C. 9517(b)) is amended by 

15 striking ‘‘, by and with the advice and consent of the 

16 Senate,’’. 

17 (e) DEPARTMENT OF ENERGY.—Section 203(a) of 

18 the Department of Energy Organization Act (42 U.S.C. 

19 7133(a)) is amended in the first sentence by striking 

20 ‘‘Senate;’’ and inserting ‘‘Senate (except that the Assist21 ant Secretary for Congressional and Intergovernmental 

22 Affairs of the Department may be appointed by the Presi23 dent without the advice and consent of the Senate);’’. 

24 (f) DEPARTMENT OF HEALTH AND HUMAN SERV25 ICES.— 


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1 (1) ASSISTANT SECRETARY FOR PUBLIC AF2 FAIRS.—Notwithstanding any other provision of law, 

3 the appointment of an individual to serve as the As4 sistant Secretary for Public Affairs within the De5 partment of Health and Human Services shall not 

6 be subject to the advice and consent of the Senate. 

7 (2) ASSISTANT SECRETARY FOR LEGISLA8 TION.—Notwithstanding any other provision of law, 

9 the appointment of an individual to serve as the As10 sistant Secretary for Legislation within the Depart11 ment of Health and Human Services shall not be 

12 subject to the advice and consent of the Senate. 

13 (3) COMMISSIONER, ADMINISTRATION FOR

14 CHILDREN, YOUTH AND FAMILIES.—Section 

15 915(b)(2) of the Claude Pepper Young Americans 

16 Act of 1990 (42 U.S.C. 12311(b)(2)) is amended by 

17 striking ‘‘, by and with the advice and consent of the 

18 Senate,’’. 

19 (4) COMMISSIONER, ADMINISTRATION FOR NA20 TIVE AMERICANS.—Section 803B(c) of the Native 

21 American Programs Act of 1974 (42 U.S.C. 2991b– 

22 2(c)) is amended by striking ‘‘, by and with the ad23 vice and consent of the Senate’’. 

24 (g) DEPARTMENT OF HOMELAND SECURITY.— 


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1 (1) DIRECTOR OF THE OFFICE FOR DOMESTIC

2 PREPAREDNESS; ASSISTANT ADMINISTRATOR OF THE

3 FEDERAL EMERGENCY MANAGEMENT AGENCY, 

4 GRANT PROGRAMS.—Section 430(b) of the Home5 land Security Act of 2002 (6 U.S.C. 238(b)) is 

6 amended by striking ‘‘, by and with the advice and 

7 consent of the Senate’’. 

8 (2) ADMINISTRATOR OF THE UNITED STATES

9 FIRE ADMINISTRATION.—Section 5(b) of the Federal 

10 Fire Prevention and Control Act of 1974 (15 U.S.C. 

11 2204(b)) is amended by striking ‘‘, by and with the 

12 advice and consent of the Senate,’’. 

13 (3) DIRECTOR OF THE OFFICE OF COUNTER14 NARCOTICS ENFORCEMENT.—Section 878(a) of the 

15 Homeland Security Act of 2002 (6 U.S.C. 458(a)) 

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

17 and consent of the Senate’’. 

18 (4) CHIEF MEDICAL OFFICER.—Section 516(a) 

19 of the Homeland Security Act of 2002 (6 U.S.C. 

20 321e(a)) is amended by striking ‘‘, by and with the 

21 advice and consent of the Senate’’. 

22 (h) HOUSING AND URBAN DEVELOPMENT; CHIEF

23 HUMAN CAPITAL OFFICER, ASSISTANT SECRETARY FOR

24 CONGRESSIONAL AND INTERGOVERNMENTAL RELATIONS, 

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1 tion 4(a) of the Department of Housing and Urban Devel2 opment Act (42 U.S.C. 3533(a)) is amended— 

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

4 (2) by striking ‘‘eight’’ and inserting ‘‘5’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(2) There shall be in the Department a Chief 

7 Human Capital Officer, an Assistant Secretary for Con8 gressional and Intergovernmental Relations, and an As9 sistant Secretary for Public Affairs, each of whom shall 

10 be appointed by the President and shall perform such 

11 functions, powers, and duties as the Secretary shall pre12 scribe from time to time.’’. 

13 (i) DEPARTMENT OF JUSTICE.— 

14 (1) ASSISTANT ATTORNEY GENERAL, LEGISLA15 TIVE AFFAIRS.— 

16 (A) IN GENERAL.—Chapter 31 of title 28, 

17 United States Code, is amended— 

18 (i) in section 506, by striking ‘‘11 As19 sistant Attorneys General’’ and inserting 

20 ‘‘10 Assistant Attorneys General’’; and 

21 (ii) by inserting after section 507A 

22 the following: 


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1 ‘‘§ 507B. Assistant Attorney General for Legislative 

2 Affairs 

3 ‘‘The President shall appoint an Assistant Attorney 

4 General for Legislative Affairs to assist the Attorney Gen5 eral in the performance of the duties of the Attorney Gen6 eral.’’. 

7 (B) TECHNICAL AND CONFORMING AMEND8 MENT.—The table of sections for chapter 31 of 

9 title 28, United States Code, is amended by in10 serting after the item relating to section 507A 

11 the following: 

‘‘507B. Assistant Attorney General for Legislative Affairs.’’. 

12 (2) DIRECTOR, BUREAU OF JUSTICE STATIS13 TICS.—Section 302(b) of title I of the Omnibus 

14 Crime Control and Safe Streets Act of 1968 (42 

15 U.S.C. 3732(b)) is amended by striking ‘‘, by and 

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

17 (3) DIRECTOR, BUREAU OF JUSTICE ASSIST18 ANCE.—Section 401(b) of title I of the Omnibus 

19 Crime Control and Safe Streets Act of 1968 (42 

20 U.S.C. 3741(b)) is amended by striking ‘‘, by and 

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

22 (4) DIRECTOR, NATIONAL INSTITUTE OF JUS23 TICE.—Section 202(b) of title I of the Omnibus 

24 Crime Control and Safe Streets Act of 1968 (42 


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1 U.S.C. 3722(b)) is amended by striking ‘‘, by and 

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

3 (5) ADMINISTRATOR, OFFICE OF JUVENILE

4 JUSTICE AND DELINQUENCY PREVENTION.—Section 

5 201(b) of the Juvenile Justice and Delinquency Pre6 vention Act of 1974 (42 U.S.C. 5611(b)) is amended 

7 by striking ‘‘, by and with the advice and consent of 

8 the Senate,’’. 

9 (6) DIRECTOR, OFFICE FOR VICTIMS OF

10 CRIME.—Section 1411(b) of the Victims of Crime 

11 Act of 1984 (42 U.S.C. 10605(b)) is amended by 

12 striking ‘‘, by and with the advice and consent of the 

13 Senate’’. 

14 (j) DEPARTMENT OF LABOR.— 

15 (1) ASSISTANT SECRETARIES FOR ADMINISTRA16 TION AND MANAGEMENT, CONGRESSIONAL AFFAIRS, 

17 AND PUBLIC AFFAIRS.—Notwithstanding section 2 

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

19 appointment of individuals to serve as the Assistant 

20 Secretary for Administration and Management, the 

21 Assistant Secretary for Congressional Affairs, and 

22 the Assistant Secretary for Public Affairs within the 

23 Department of Labor, shall not be subject to the ad24 vice and consent of the Senate. 


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1 (2) DIRECTOR OF THE WOMEN’S BUREAU.— 

2 Section 2 of the Act of June 5, 1920 (29 U.S.C. 12) 

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

4 and consent of the Senate’’. 

5 (k) DEPARTMENT OF STATE; ASSISTANT SECRETARY

6 FOR LEGISLATIVE AND INTERGOVERNMENTAL AFFAIRS, 

7 ASSISTANT SECRETARY FOR PUBLIC AFFAIRS, AND AS8 SISTANT SECRETARY FOR ADMINISTRATION.—Section 

9 1(c)(1) of the State Department Basic Authorities Act of 

10 1956 (22 U.S.C. 2651a(c)(1)) is amended— 

11 (1) by striking ‘‘, each of whom shall be ap12 pointed by the President, by and with the advice and 

13 consent of the Senate, and’’; and 

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

15 Assistant Secretary of State shall be appointed by 

16 the President, by and with the advice and consent 

17 of the Senate, except that the appointments of the 

18 Assistant Secretary for Legislative and Intergovern19 mental Affairs, the Assistant Secretary for Public 

20 Affairs, and the Assistant Secretary for Administra21 tion shall not be subject to the advice and consent 

22 of the Senate.’’. 

23 (l) DEPARTMENT OF TRANSPORTATION.— 

24 (1) ASSISTANT SECRETARIES.—Section 102(e) 

25 of title 49, United States Code, is amended— 


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1 (A) by striking ‘‘(e) THE DEPARTMENT’’ 

2 and all that follows through ‘‘An Assistant Sec3 retary’’ and inserting the following: 

4 ‘‘(e) ASSISTANT SECRETARIES; GENERAL COUN5 SEL.— 

6 ‘‘(1) APPOINTMENT.—The Department has 5 

7 Assistant Secretaries and a General Counsel, includ8 ing— 

9 ‘‘(A) an Assistant Secretary for Aviation 

10 and International Affairs and an Assistant Sec11 retary for Transportation Policy, who shall each 

12 be appointed by the President, with the advice 

13 and consent of the Senate; 

14 ‘‘(B) an Assistant Secretary for Budget 

15 and Programs and Chief Financial Officer and 

16 an Assistant Secretary for Governmental Af17 fairs, who shall each be appointed by the Presi18 dent; 

19 ‘‘(C) an Assistant Secretary for Adminis20 tration, who shall be appointed in the competi21 tive service by the Secretary, with the approval 

22 of the President; and 

23 ‘‘(D) a General Counsel, who shall be ap24 pointed by the President, with the advice and 

25 consent of the Senate. 


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1 ‘‘(2) DUTIES AND POWERS.—The officers set 

2 forth in paragraph (1) shall carry out duties and 

3 powers prescribed by the Secretary. An Assistant 

4 Secretary’’. 

5 (2) DEPUTY ADMINISTRATOR, FEDERAL AVIA6 TION ADMINISTRATION.—Section 106 of title 49, 

7 United States Code, is amended— 

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

9 Administration has a Deputy Administrator. 

10 They are appointed’’ and inserting ‘‘, who shall 

11 be appointed’’; and 

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

13 Deputy Administrator must’’ and inserting 

14 ‘‘The Administration has a Deputy Adminis15 trator, who shall be appointed by the President. 

16 In making an appointment, the President shall 

17 consider the fitness of the appointee to effi18 ciently carry out the duties and powers of the 

19 office. The Deputy Administrator shall’’. 

20 (m) DEPARTMENT OF TREASURY.— 

21 (1) ASSISTANT SECRETARY FOR LEGISLATIVE

22 AFFAIRS.—Section 301(e) of title 31, United States 

23 Code, is amended— 

24 (A) striking ‘‘10 Assistant Secretaries’’ 

25 and inserting ‘‘9 Assistant Secretaries’’; and 


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1 (B) by inserting after the first sentence 

2 the following new sentence: ‘‘The Department 

3 shall have 1 Assistant Secretary not subject to 

4 the advice and consent of the Senate who shall 

5 be the Assistant Secretary for Legislative Af6 fairs.’’. 

7 (2) ASSISTANT SECRETARY FOR PUBLIC AF8 FAIRS AND DIRECTOR OF POLICY PLANNING.—Sec9 tion 301(e) of title 31, United States Code, as 

10 amended by paragraph (1), is amended by— 

11 (A) striking ‘‘9 Assistant Secretaries’’ in 

12 the first sentence and inserting ‘‘8 Assistant 

13 Secretaries’’; and 

14 (B) in the second sentence— 

15 (i) by striking ‘‘1 Assistant Sec16 retary’’ and inserting ‘‘2 Assistant Secre17 taries’’, and 

18 (ii) by inserting ‘‘and the Assistant 

19 Secretary for Public Affairs’’ before the 

20 period at the end. 

21 (3) ASSISTANT SECRETARY FOR MANAGEMENT

22 AND CHIEF FINANCIAL OFFICER.—Section 301(e) of 

23 title 31, United States Code, as amended by para24 graphs (1) and (2), is amended by— 


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1 (A) striking ‘‘8 Assistant Secretaries’’ in 

2 the first sentence and inserting ‘‘7 Assistant 

3 Secretaries’’; and 

4 (B) in the second sentence— 

5 (i) by striking ‘‘2 Assistant Sec6 retary’’ and inserting ‘‘3 Assistant Secre7 taries’’, and 

8 (ii) by striking ‘‘and the Assistant 

9 Secretary for Public Affairs’’ and inserting 

10 ‘‘, the Assistant Secretary for Public Af11 fairs, and the Assistant Secretary for Man12 agement, Chief Financial Officer, and 

13 Chief Performance Officer’’. 

14 (4) TREASURER OF THE UNITED STATES.—Sec15 tion 301(d) of title 31, United States Code, is 

16 amended— 

17 (A) by striking ‘‘2 Deputy Under Secre18 taries, and a Treasurer of the United States’’ 

19 and inserting ‘‘and 2 Deputy Under Secre20 taries’’, and 

21 (B) by inserting ‘‘and a Treasurer of the 

22 United States appointed by the President’’ after 

23 ‘‘Fiscal Assistant Secretary appointed by the 

24 Secretary’’. 


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1 (5) DIRECTOR OF THE MINT.—Section 

2 304(b)(1) of title 31, United States Code, is amend3 ed— 

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

5 and consent of the Senate’’; and 

6 (B) by striking ‘‘On removal, the President 

7 shall send a message to the Senate giving the 

8 reasons for removal.’’. 

9 (n) DEPARTMENT OF VETERANS AFFAIRS.—Section 

10 308(a) of title 38, United States Code, is amended— 

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

12 There shall’’; 

13 (2) in paragraph (1), as designated by para14 graph (1) of this subsection, by striking ‘‘Each As15 sistant’’ and all that follows through the period at 

16 the end; and 

17 (3) by adding at the end the following new 

18 paragraphs: 

19 ‘‘(2) Except as provided in paragraph (3), each As20 sistant Secretary appointed under paragraph (1) shall be 

21 appointed by the President, by and with the advice and 

22 consent of the Senate. 

23 ‘‘(3) The following Assistant Secretaries may be ap24 pointed without the advice and consent of the Senate: 

25 ‘‘(A) The Assistant Secretary for Management. 


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1 ‘‘(B) The Assistant Secretary for Human Re2 sources and Administration. 

3 ‘‘(C) The Assistant Secretary for Public and 

4 Intergovernmental Affairs. 

5 ‘‘(D) The Assistant Secretary for Congressional 

6 and Legislative Affairs. 

7 ‘‘(E) The Assistant Secretary for Information 

8 and Technology.’’. 

9 (o) APPALACHIAN REGIONAL COMMISSION; ALTER10 NATE FEDERAL CO-CHAIRMAN.—Section 14301(b)(1) of 

11 title 40, United States Code, is amended by striking ‘‘by 

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

13 (p) COUNCIL OF ECONOMIC ADVISERS, MEMBERS.— 

14 Section 10 of the Employment Act of 1946 (15 U.S.C. 

15 1023) is amended by striking subsection (a) and inserting 

16 the following: 

17 ‘‘(a) CREATION; COMPOSITION; QUALIFICATIONS; 

18 CHAIRMAN AND VICE CHAIRMAN.— 

19 ‘‘(1) CREATION.—There is created in the Exec20 utive Office of the President a Council of Economic 

21 Advisers (hereinafter called the ‘Council’). 

22 ‘‘(2) COMPOSITION.—The Council shall be com23 posed of three members, of whom— 


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

2 appointed by the President by and with the ad3 vice and consent of the Senate; and 

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

5 ‘‘(3) QUALIFICATIONS.—Each member shall be 

6 a person who, as a result of his training, experience, 

7 and attainments, is exceptionally qualified to analyze 

8 and interpret economic developments, to appraise 

9 programs and activities of the Government in the 

10 light of the policy declared in section 2, and to for11 mulate and recommend national economic policy to 

12 promote full employment, production, and pur13 chasing power under free competitive enterprise. 

14 ‘‘(4) VICE CHAIRMAN.—The President shall 

15 designate 1 of the members of the Council as vice 

16 chairman, who shall act as chairman in the absence 

17 of the chairman.’’. 

18 (q) CORPORATION FOR NATIONAL AND COMMUNITY

19 SERVICE; MANAGING DIRECTOR.—Section 194(a)(1) of 

20 the National and Community Service Act of 1990 (42 

21 U.S.C. 12651d(a)(1)) is amended by striking ‘‘, by and 

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

23 (r) NATIONAL COUNCIL ON DISABILITY MEMBERS, 

24 INCLUDING CHAIRPERSON.—Section 400(a)(1)(A) of the 

25 Rehabilitation Act of 1973 (29 U.S.C. 780(a)(1)(A)) is 


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

2 of the Senate’’. 

3 (s) NATIONAL FOUNDATION ON THE ARTS AND THE

4 HUMANITIES; NATIONAL MUSEUM AND LIBRARY SERV5 ICES BOARD; MEMBERS.—Section 207(b)(1)(D) of the 

6 Museum and Library Services Act (20 U.S.C. 

7 9105a(b)(1)(D)) is amended by striking ‘‘, by and with 

8 the advice and consent of the Senate’’. 

9 (t) NATIONAL SCIENCE FOUNDATION; BOARD MEM10 BERS.—Section 4(a) of the National Science Foundation 

11 Act of 1950 (42 U.S.C. 1863(a)) is amended by striking 

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

13 (u) OFFICE OF MANAGEMENT AND BUDGET; CON14 TROLLER, OFFICE OF FEDERAL FINANCIAL MANAGE15 MENT.—Section 504(b) of title 31, United States Code, 

16 is amended by striking ‘‘, by and with the advice and con17 sent of the Senate,’’. 

18 (v) OFFICE OF NATIONAL DRUG CONTROL POLICY; 

19 DEPUTY DIRECTORS.—Section 704(a)(1) of the Office of 

20 National Drug Control Policy Reauthorization Act of 1998 

21 (21 U.S.C. 1703(a)(1)) is amended to read as follows: 

22 ‘‘(1) IN GENERAL.— 

23 ‘‘(A) DIRECTOR.—The Director shall be 

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1 vice and consent of the Senate, and shall serve 

2 at the pleasure of the President. 

3 ‘‘(B) DEPUTY DIRECTORS.—The Deputy 

4 Director of National Drug Control Policy, Dep5 uty Director for Demand Reduction, the Dep6 uty Director for Supply Reduction, and the 

7 Deputy Director for State and Local Affairs 

8 shall each be appointed by the President and 

9 serve at the pleasure of the President. 

10 ‘‘(C) DEPUTY DIRECTOR FOR DEMAND RE11 DUCTION.—In appointing the Deputy Director 

12 for Demand Reduction under this paragraph, 

13 the President shall take into consideration the 

14 scientific, educational, or professional back15 ground of the individual, and whether the indi16 vidual has experience in the fields of substance 

17 abuse prevention, education, or treatment.’’. 

18 (w) OFFICE OF NAVAJO AND HOPI RELOCATION; 

19 COMMISSIONER.—Section 12(b)(1) of Public Law 93–531 

20 (25 U.S.C. 640d–11(b)(1)) is amended by striking ‘‘by 

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

22 (x) OFFICE OF SCIENCE AND TECHNOLOGY POLICY; 

23 ASSOCIATE DIRECTORS.—Section 203 of the National 

24 Science and Technology Policy, Organization, and Prior25 ities Act of 1976 (42 U.S.C. 6612) is amended in the secVerDate Mar 15 2010 23:00 Jun 13, 2011 Jkt 099200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6401 E:\BILLS\S679.RS S679

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1 ond sentence by striking ‘‘, by and with the advice and 

2 consent of the Senate,’’. 

3 (y) UNITED STATES AGENCY FOR INTERNATIONAL

4 DEVELOPMENT.— 

5 (1) ASSISTANT ADMINISTRATOR FOR LEGISLA6 TIVE AND PUBLIC AFFAIRS.—Notwithstanding sec7 tion 624(a) of the Foreign Assistance Act of 1961 

8 (22 U.S.C. 2384(a)), the appointment by the Presi9 dent of the Assistant Administrator for Legislative 

10 and Public Affairs at the United States Agency for 

11 International Development shall not be subject to 

12 the advice and consent of the Senate. 

13 (2) ASSISTANT ADMINISTRATOR FOR MANAGE14 MENT.—Notwithstanding section 624(a) of the For15 eign Assistance Act of 1961 (22 U.S.C. 2384(a)), 

16 the appointment by the President of the Assistant 

17 Administrator for Management at the United States 

18 Agency for International Development shall not be 

19 subject to the advice and consent of the Senate. 

20 (z) COMMUNITY DEVELOPMENT FINANCIAL INSTITU21 TION FUND; ADMINISTRATOR.—Section 104(b)(1) of the 

22 Community Development Banking and Financial Institu23 tions Act of 1994 (12 U.S.C. 4703(b)(1)) is amended by 

24 striking ‘‘, by and with the advice and consent of the Sen25 ate’’. 


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1 (aa) DEPARTMENT OF TRANSPORTATION; ST. LAW2 RENCE SEAWAY DEVELOPMENT CORPORATION; ADMINIS3 TRATOR.—Subsection (a) of section 2 of the Act of May 

4 13, 1954, referred to as the Saint Lawrence Seaway Act 

5 (33 U.S.C. 982(a)) is amended by striking ‘‘, by and with 

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

7 (bb) MISSISSIPPI RIVER COMMISSION; COMMIS8 SIONER.—Section 2 of the Act of June 28, 1879 (33 

9 U.S.C. 642), is amended in the first sentence by striking 

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

11 (cc) GOVERNOR AND ALTERNATE GOVERNOR OF THE

12 AFRICAN DEVELOPMENT BANK.— 

13 (1) IN GENERAL.—Section 1333(a) of the Afri14 can Development Bank Act (22 U.S.C. 290i–1(a)) is 

15 amended by striking ‘‘, by and with’’ and all that 

16 follows through ‘‘Bank’’ and inserting ‘‘shall appoint 

17 a Governor and an Alternate Governor’’. 

18 (2) CONFORMING AMENDMENTS.—Section 1334 

19 of such Act (22 U.S.C. 290i–2) is amended— 

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

21 Director’’ and inserting the following: 

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

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

24 redesignated, the following: 


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1 ‘‘(a) The President, by and with the advice and con2 sent of the Senate, shall appoint a Director of the Bank.’’. 

3 (dd) GOVERNOR AND ALTERNATE GOVERNOR OF

4 THE ASIAN DEVELOPMENT BANK.—Section 3(a) of the 

5 Asian Development Bank Act (22 U.S.C. 285a(a)) is 

6 amended by striking ‘‘, by and with’’ and all that follows 

7 through the end period and inserting ‘‘shall appoint—’’ 

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

9 for the Governor; and 

10 ‘‘(2) by and with the advice and consent of the 

11 Senate, a Director of the Bank.’’. 

12 (ee) GOVERNORS AND ALTERNATE GOVERNORS OF

13 THE INTERNATIONAL MONETARY FUND AND THE INTER14 NATIONAL BANK FOR RECONSTRUCTION AND DEVELOP15 MENT.—Section 3 of the Bretton Woods Agreements Act 

16 (22 U.S.C. 286a) is amended— 

17 (1) in subsection (a), by striking ‘‘, by and with 

18 the advice and consent of the Senate, shall appoint 

19 a governor of the Fund who shall also serve as gov20 ernor of the Bank, and an executive director’’ and 

21 inserting ‘‘shall appoint a governor of the Fund who 

22 shall also serve as governor of the Bank and, by and 

23 with the advice and consent of the Senate, an execu24 tive director’’; and 


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1 (2) in subsection (b), by striking ‘‘, by and with 

2 the advice and consent of the Senate,’’ the first 

3 place it appears. 

4 (ff) GOVERNOR AND ALTERNATE GOVERNOR OF THE

5 AFRICAN DEVELOPMENT FUND.—Section 203(a) of the 

6 African Development Fund Act (22 U.S.C. 290g–1(a)) is 

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

8 of the Senate,’’. 

9 (gg) NATIONAL BOARD FOR EDUCATION SCIENCES; 

10 MEMBERS.—Section 116(c)(1) of the Education Sciences 

11 Reform Act of 2002 (20 U.S.C. 9516(c)(1)) is amended 

12 by striking ‘‘, by and with the advice and consent of the 

13 Senate’’. 

14 (hh) NATIONAL INSTITUTE FOR LITERACY ADVISORY

15 BOARD; MEMBERS.—Section 242(e)(1)(A) of the Adult 

16 Education and Family Literacy Act (20 U.S.C. 

17 9252(e)(1)(A)) is amended by striking ‘‘with the advice 

18 and consent of the Senate’’. 

19 (ii) INSTITUTE OF AMERICAN INDIAN AND ALASKA

20 NATIVE CULTURE AND ARTS DEVELOPMENT; MEMBER, 

21 BOARD OF TRUSTEES.—Section 1505 of the American In22 dian, Alaska Native, and Native Hawaiian Culture and 

23 Art Development Act (20 U.S.C. 4412(a)(1)(A)) is 

24 amended by striking ‘‘by and with the advice and consent 

25 of the Senate’’. 


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1 (jj) FEDERAL COORDINATOR FOR ALASKA NATURAL

2 GAS TRANSPORTATION PROJECTS.—Section 106(b)(1) of 

3 the Alaska Natural Gas Pipeline Act (division C of Public 

4 Law 108–324; 15 U.S.C. 720d(b)(1)) is amended by strik5 ing ‘‘, by and with the advice and consent of the Senate,’’. 

6 (kk) PUBLIC HEALTH SERVICE COMMISSIONED OF7 FICER CORPS.— 

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

9 Public Health Service Act (42 U.S.C. 204(a)(3)) is 

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

11 the Senate’’. 

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

13 Health Service Act (42 U.S.C. 211(a)) is amended 

14 by striking ‘‘, by and with the advice and consent of 

15 the Senate’’. 

16 (ll) NATIONAL OCEANIC AND ATMOSPHERIC ADMIN17 ISTRATION COMMISSIONED OFFICER CORPS.— 

18 (1) APPOINTMENTS AND PROMOTIONS TO PER19 MANENT GRADES.—Section 226 of the National Oce20 anic and Atmospheric Administration Commissioned 

21 Officer Corps Act of 2002 (33 U.S.C. 3026) is 

22 amended by striking ‘‘, by and with the advice and 

23 consent of the Senate’’. 

24 (2) POSITIONS OF IMPORTANCE AND RESPONSI25 BILITY.—Section 228(d)(1) of such Act (33 U.S.C. 


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1 3028(d)(1)) is amended by striking ‘‘, by and with 

2 the advice and consent of the Senate’’. 

3 (3) TEMPORARY APPOINTMENTS AND PRO4 MOTIONS GENERALLY.—Section 229 of such Act (33 

5 U.S.C. 3029) is amended— 

6 (A) by striking ‘‘alone’’ each place it ap7 pears; and 

8 (B) in subsection (a), in the second sen9 tence, by striking ‘‘unless the Senate sooner 

10 gives its advice and consent to the appoint11 ment’’. 

12 (mm) CHIEF FINANCIAL OFFICER POSITIONS.—Sec13 tion 901(a)(1) of title 31, United States Code, is amended 

14 by striking subparagraphs (A) and (B) and inserting the 

15 following: 

16 ‘‘(A) be appointed by the President; or 

17 ‘‘(B) be designated by the President, in 

18 consultation with the head of the agency, from 

19 among officials of the agency who are required 

20 by law to be appointed by the President, wheth21 er or not by and with the advice and consent 

22 of the Senate;’’. 


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1 SEC. 3. WORKING GROUP ON STREAMLINING PAPERWORK 

2 FOR EXECUTIVE NOMINATIONS. 

3 (a) ESTABLISHMENT.—There is established the 

4 Working Group on Streamlining Paperwork for Executive 

5 Nominations (in this section referred to as the ‘‘Working 

6 Group’’). 

7 (b) MEMBERSHIP.— 

8 (1) COMPOSITION.—The Working Group shall 

9 be composed of— 

10 (A) the chairperson who shall be— 

11 (i) except as provided under clause 

12 (ii), the Director of the Office of Presi13 dential Personnel; or 

14 (ii) a Federal officer designated by 

15 the President; 

16 (B) representatives designated by the 

17 President from— 

18 (i) the Office of Personnel Manage19 ment; 

20 (ii) the Office of Government Ethics; 

21 and 

22 (iii) the Federal Bureau of Investiga23 tion; and 

24 (C) individuals appointed by the chair25 person of the Working Group who have experiVerDate Mar 15 2010 23:00 Jun 13, 2011 Jkt 099200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6401 E:\BILLS\S679.RS S679

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1 ence and expertise relating to the Working 

2 Group, including— 

3 (i) individuals from other relevant 

4 Federal agencies; and 

5 (ii) individuals with relevant experi6 ence from previous presidential administra7 tions. 

8 (c) STREAMLINING OF PAPERWORK REQUIRED FOR

9 EXECUTIVE NOMINATIONS.— 

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

11 the date of enactment of this Act, the Working 

12 Group shall conduct a study and submit a report on 

13 the streamlining of paperwork required for executive 

14 nominations to— 

15 (A) the President; 

16 (B) the Committee on Homeland Security 

17 and Governmental Affairs of the Senate; and 

18 (C) the Committee on Rules and Adminis19 tration of the Senate. 

20 (2) CONSULTATION WITH COMMITTEES OF THE

21 SENATE.—In conducting the study under this sec22 tion, the Working Group shall consult with the 

23 chairperson and ranking member of the committees 

24 referred to under paragraph (1) (B) and (C). 

25 (3) CONTENTS.— 


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1 (A) IN GENERAL.—The report submitted 

2 under this section shall include— 

3 (i) recommendations for the stream4 lining of paperwork required for executive 

5 nominations; and 

6 (ii) a detailed plan for the creation 

7 and implementation of an electronic system 

8 for collecting and distributing background 

9 information from potential and actual 

10 Presidential nominees for positions which 

11 require appointment by and with the ad12 vice and consent of the Senate. 

13 (B) ELECTRONIC SYSTEM.—The electronic 

14 system described under subparagraph (A)(ii) 

15 shall— 

16 (i) provide for— 

17 (I) less burden on potential nomi18 nees for positions which require ap19 pointment by and with the advice and 

20 consent of the Senate; 

21 (II) faster delivery of background 

22 information to Congress, the White 

23 House, the Federal Bureau of Inves24 tigation, Diplomatic Security, and the 

25 Office of Government Ethics; and 


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1 (III) fewer errors of omission; 

2 and 

3 (ii) ensure the existence and operation 

4 of a single, searchable form which shall be 

5 known as a ‘‘Smart Form’’ and shall— 

6 (I) be free to a nominee and easy 

7 to use; 

8 (II) make it possible for the 

9 nominee to answer all vetting ques10 tions one way, at a single time; 

11 (III) secure the information pro12 vided by a nominee; 

13 (IV) allow for multiple submis14 sions over time, but always in the for15 mat requested by the vetting agency 

16 or entity; 

17 (V) be compatible across dif18 ferent computer platforms; 

19 (VI) make it possible to easily 

20 add, modify, or subtract vetting ques21 tions; 

22 (VII) allow error checking; and 

23 (VIII) allow the user to track the 

24 progress of a nominee in providing the 

25 required information. 


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1 (d) REVIEW OF BACKGROUND INVESTIGATION RE2 QUIREMENTS.— 

3 (1) IN GENERAL.—The Working Group shall 

4 conduct a review of the impact of background inves5 tigation requirements on the appointments process. 

6 (2) CONDUCT OF REVIEW.—In conducting the 

7 review, the Working Group shall— 

8 (A) assess the feasibility of using personnel 

9 other than Federal Bureau of Investigation per10 sonnel, in appropriate circumstances, to conduct 

11 background investigations of individuals under 

12 consideration for positions appointed by the 

13 President, by and with the advice and consent 

14 of the Senate; and 

15 (B) consider the extent to which the scope 

16 of the background investigation conducted for 

17 an individual under consideration for a position 

18 appointed by the President, by and with the ad19 vice and consent of the Senate, should be varied 

20 depending on the nature of the position for 

21 which the individual is being considered. 

22 (3) REPORT.—Not later than 270 days after 

23 the date of enactment of this Act, the Working 

24 Group shall submit a report of the findings of the 

25 review under this subsection to— 


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1 (A) the President; 

2 (B) the Committee on Homeland Security 

3 and Governmental Affairs of the Senate; and 

4 (C) the Committee on Rules and Adminis5 tration of the Senate. 

6 (e) PERSONNEL MATTERS.— 

7 (1) COMPENSATION OF MEMBERS.— 

8 (A) FEDERAL OFFICERS AND EMPLOY9 EES.—Each member of the Working Group who 

10 is a Federal officer or employee shall serve 

11 without compensation in addition to that re12 ceived for their services as a Federal officer or 

13 employee. 

14 (B) MEMBERS NOT FEDERAL OFFICERS

15 AND EMPLOYEES.—Each member of the Work16 ing Group who is not a Federal officer or em17 ployee shall not be compensated for services 

18 performed for the Working Group. 

19 (2) TRAVEL EXPENSES.—The members of the 

20 Working Group shall be allowed travel expenses, in21 cluding per diem in lieu of subsistence, at rates au22 thorized for employees of agencies under subchapter 

23 I of chapter 57 of title 5, United States Code, while 

24 away from their homes or regular places of business 


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1 in the performance of services for the Working 

2 Group. 

3 (3) STAFF.— 

4 (A) IN GENERAL.—The President may des5 ignate Federal officers and employees to pro6 vide support services for the Working Group. 

7 (B) DETAIL OF FEDERAL EMPLOYEES.— 

8 Any Federal employee may be detailed to the 

9 Working Group without reimbursement, and 

10 such detail shall be without interruption or loss 

11 of civil service status or privilege. 

12 (f) NON-APPLICABILITY OF FEDERAL ADVISORY

13 COMMITTEE ACT.—The Federal Advisory Committee Act 

14 (5 U.S.C. App.) shall not apply to the Working Group es15 tablished under this section. 

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

17 Working Group shall terminate 60 days after the date on 

18 which the Working Group submits the latter of the 2 re19 ports under this section. 

20 SEC. 4. EFFECTIVE DATE. 

21 The amendments made by this Act shall take effect 

22 60 days after the date of enactment of this Act and apply 

23 to appointments made on and after that effective date, in24 cluding any nomination pending in the Senate on that 

25 date. 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Presidential Appoint3 ment Efficiency and Streamlining Act of 2011’’. 

4 SEC. 2. PRESIDENTIAL APPOINTMENTS NOT SUBJECT TO 

5 SENATE APPROVAL. 

6 (a) AGRICULTURE.— 

7 (1) ASSISTANT SECRETARY OF AGRICULTURE

8 FOR CONGRESSIONAL RELATIONS AND ASSISTANT SEC9 RETARY OF AGRICULTURE FOR ADMINISTRATION.— 

10 Section 218(b) of the Department of Agriculture Reor11 ganization Act of 1994 (7 U.S.C. 6918(b)) is amend12 ed— 

13 (A) by striking ‘‘subsection (a)’’ and insert14 ing ‘‘subsection (a)(3)’’; 

15 (B) by striking subsection (c); and 

16 (C) by redesignating subsection (d) as sub17 section (c). 

18 (2) RURAL UTILITIES SERVICE ADMINIS19 TRATOR.—Section 232(b)(1) of the Department of Ag20 riculture Reorganization Act of 1994 (7 U.S.C. 

21 6942(b)(1)) is amended— 

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

23 and consent of the Senate’’; 

24 (B) by striking paragraph (2); and 

25 (C) by redesignating paragraph (3) as 

26 paragraph (2). 


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1 (3) COMMODITY CREDIT CORPORATION.—Section 

2 9(a) of the Commodity Credit Corporation Charter 

3 Act (15 U.S.C. 714g(a)) is amended in the third sen4 tence by striking ‘‘by and with the advice and consent 

5 of the Senate’’. 

6 (b) COMMERCE.— 

7 (1) ASSISTANT SECRETARY FOR LEGISLATIVE AF8 FAIRS.—The provisions of the Act entitled ‘‘An Act to 

9 provide for the appointment of one additional Assist10 ant Secretary of Commerce, and for other purposes’’, 

11 approved July 15, 1947 (15 U.S.C. 1505), section 304 

12 of title III of the Departments of State, Justice, and 

13 Commerce and the United States Information Agency 

14 Appropriation Act, 1955 (15 U.S.C. 1506), and the 

15 Act entitled ‘‘An Act to authorize an additional As16 sistant Secretary of Commerce’’, approved February 

17 16, 1962 (15 U.S.C. 1507), that require the advice 

18 and consent of the Senate shall not apply with respect 

19 to the appointment of the Assistant Secretary for 

20 Congressional Relations. 

21 (2) CHIEF SCIENTIST; NATIONAL OCEANIC AND

22 ATMOSPHERIC ADMINISTRATION.—Section 2(d) of Re23 organization Plan No. 4 of 1970 (5 U.S.C. App. 1) 

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

25 consent of the Senate,’’. 


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1 (c) DEPARTMENT OF DEFENSE.— 

2 (1) ASSISTANT SECRETARIES OF DEFENSE FOR

3 LEGISLATIVE AFFAIRS, PUBLIC AFFAIRS, AND NET4 WORKS AND INFORMATION INTEGRATION.—Section 

5 138(a) of title 10, United States Code, as amended by 

6 section 901(b)(4)(A) of the Ike Skelton National De7 fense Authorization Act for Fiscal Year 2011, is fur8 ther amended by striking paragraph (2) and insert9 ing the following: 

10 ‘‘(2)(A) Except as provided in subparagraph (B), the 

11 Assistant Secretaries of Defense shall be appointed from ci12 vilian life by the President, by and with the advice and 

13 consent of the Senate. 

14 ‘‘(B) The Assistant Secretary of Defense referred to in 

15 subsection (b)(5), the Assistant Secretary of Defense for 

16 Public Affairs, and the Assistant Secretary of Defense for 

17 Networks and Information Integration shall each be ap18 pointed from civilian life by the President.’’. 

19 (2) COMPTROLLER OF THE ARMY.— 

20 (A) IN GENERAL.—Section 3016 of title 10, 

21 United States Code, is amended— 

22 (i) by striking the section heading and 

23 inserting the following: 


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1 ‘‘§ 3016. Assistant Secretaries of the Army; Comp2 troller of the Army’’; 

3 (ii) in subsection (a), by striking 

4 ‘‘five’’ and inserting ‘‘four’’; 

5 (iii) in subsection (b)— 

6 (I) by striking paragraph (4); 

7 and 

8 (II) by redesignating paragraph 

9 (5) as paragraph (4); and 

10 (iv) by adding at the end the following: 

11 ‘‘(c) There is a Comptroller of the Army, who shall 

12 be appointed from civilian life by the President. The Comp13 troller shall perform such duties and exercise such powers 

14 as the Secretary of the Army may prescribe. The Comp15 troller shall have as his principal responsibility the exercise 

16 of the comptroller functions of the Department of the Army, 

17 including financial management functions. The Comp18 troller shall be responsible for all financial management ac19 tivities and operations of the Department of the Army and 

20 shall advise the Secretary of the Army on financial manage21 ment.’’. 

22 (B) TECHNICAL AND CONFORMING AMEND23 MENTS.— 

24 (i) TABLE OF SECTIONS.—The table of 

25 sections for chapter 303 of title 10, United 

26 States Code, is amended by striking the 


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1 item relating to section 3016 and inserting 

2 the following: 

‘‘3016. Assistant Secretaries of the Army; Comptroller of the Army.’’. 

3 (ii) FINANCIAL MANAGEMENT.—Section 

4 3022 of title 10, United States Code, is 

5 amended— 

6 (I) in subsection (a), by striking 

7 ‘‘Assistant Secretary of the Army for 

8 Financial Management’’ and inserting 

9 ‘‘Comptroller of the Army’’; and 

10 (II) in subsection (d), by striking 

11 ‘‘Assistant Secretary of the Army for 

12 Financial Management’’ and inserting 

13 ‘‘Comptroller of the Army’’. 

14 (3) COMPTROLLER OF THE NAVY.— 

15 (A) IN GENERAL.—Section 5016 of title 10, 

16 United States Code, is amended— 

17 (i) by striking the section heading and 

18 inserting the following: 

19 ‘‘§ 5016. Assistant Secretaries of the Navy; Comptroller 

20 of the Navy’’; 

21 (ii) in subsection (a), by striking 

22 ‘‘four’’ and inserting ‘‘three’’; 

23 (iii) in subsection (b)— 

24 (I) by striking paragraph (3); 

25 and 


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1 (II) by redesignating paragraph 

2 (4) as paragraph (3); and 

3 (iv) by adding at the end the following: 

4 ‘‘(c) There is a Comptroller of the Navy, who shall be 

5 appointed from civilian life by the President. The Comp6 troller shall perform such duties and exercise such powers 

7 as the Secretary of the Navy may prescribe. The Comp8 troller shall have as his principal responsibility the exercise 

9 of the comptroller functions of the Department of the Navy, 

10 including financial management functions. The Comp11 troller shall be responsible for all financial management ac12 tivities and operations of the Department of the Navy and 

13 shall advise the Secretary of the Navy on financial manage14 ment.’’. 

15 (B) TECHNICAL AND CONFORMING AMEND16 MENTS.— 

17 (i) TABLE OF SECTIONS.—The table of 

18 sections for chapter 503 of title 10, United 

19 States Code, is amended by striking the 

20 item relating to section 5016 and inserting 

21 the following: 

‘‘5016. Assistant Secretaries of the Navy; Comptroller of the Navy.’’. 

22 (ii) FINANCIAL MANAGEMENT.—Section 

23 5025 of title 10, United States Code, is 

24 amended— 


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1 (I) in subsection (a), by striking 

2 ‘‘Assistant Secretary of the Navy for 

3 Financial Management’’ and inserting 

4 ‘‘Comptroller of the Navy’’; and 

5 (II) in subsection (d), by striking 

6 ‘‘Assistant Secretary of the Navy for 

7 Financial Management’’ and inserting 

8 ‘‘Comptroller of the Navy’’. 

9 (4) COMPTROLLER OF THE AIR FORCE.— 

10 (A) IN GENERAL.—Section 8016 of title 10, 

11 United States Code, is amended— 

12 (i) by striking the section heading and 

13 inserting the following: 

14 ‘‘§ 8016. Assistant Secretaries of the Air Force; Comp15 troller of the Air Force’’; 

16 (ii) in subsection (a), by striking 

17 ‘‘four’’ and inserting ‘‘three’’; 

18 (iii) in subsection (b)— 

19 (I) by striking paragraph (3); 

20 and 

21 (II) by redesignating paragraph 

22 (4) as paragraph (3); and 

23 (iv) by adding at the end the following: 

24 ‘‘(c) There is a Comptroller of the Air Force, who shall 

25 be appointed from civilian life by the President. The CompVerDate Mar 15 2010 23:00 Jun 13, 2011 Jkt 099200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6203 E:\BILLS\S679.RS S679

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1 troller shall perform such duties and exercise such powers 

2 as the Secretary of the Air Force may prescribe. The Comp3 troller shall have as his principal responsibility the exercise 

4 of the comptroller functions of the Department of the Air 

5 Force, including financial management functions. The 

6 Comptroller shall be responsible for all financial manage7 ment activities and operations of the Department of the Air 

8 Force and shall advise the Secretary of the Air Force on 

9 financial management.’’. 

10 (B) TECHNICAL AND CONFORMING AMEND11 MENTS.— 

12 (i) TABLE OF SECTIONS.—The table of 

13 sections for chapter 803 of title 10, United 

14 States Code, is amended by striking the 

15 item relating to section 8016 and inserting 

16 the following: 

‘‘8016. Assistant Secretaries of the Air Force; Comptroller of the Air Force.’’. 

17 (ii) FINANCIAL MANAGEMENT.—Section 

18 8022 of title 10, United States Code, is 

19 amended— 

20 (I) in subsection (a), by striking 

21 ‘‘Assistant Secretary of the Air Force 

22 for Financial Management’’ and in23 serting ‘‘Comptroller of the Air Force’’; 

24 and 


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1 (II) in subsection (d), by striking 

2 ‘‘Assistant Secretary of the Air Force 

3 for Financial Management’’ and in4 serting ‘‘Comptroller of the Air Force’’. 

5 (5) TECHNICAL AND CONFORMING AMENDMENTS

6 RELATING TO LEVEL IV POSITIONS ON THE EXECU7 TIVE SCHEDULE.—Section 5315 of title 5, United 

8 States Code, is amended as follows— 

9 (A) by striking the item relating to Assist10 ant Secretaries of the Air Force (4) and insert11 ing the following: 

12 ‘‘Assistant Secretaries of the Air Force (3)’’; 

13 (B) by striking the item relating to Assist14 ant Secretaries of the Army (5) and inserting the 

15 following: 

16 ‘‘Assistant Secretaries of the Army (4)’’; 

17 (C) by striking the item relating to Assist18 ant Secretaries of the Navy (4) and inserting the 

19 following: 

20 ‘‘Assistant Secretaries of the Navy (3)’’; and 

21 (D) by inserting at the end the following: 

22 ‘‘Comptroller of the Air Force 

23 ‘‘Comptroller of the Army 

24 ‘‘Comptroller of the Navy’’. 


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1 (6) INAPPLICABILITY TO CERTAIN INDIVIDUALS

2 SERVING ON DATE OF ENACTMENT.— 

3 (A) IN GENERAL.—Notwithstanding the 

4 amendments made by this subsection, the indi5 vidual serving in a position described in sub6 paragraph (B) on the date of enactment of this 

7 Act may continue to serve in such position as if 

8 such amendments had not been enacted. 

9 (B) POSITIONS.—The positions specified in 

10 this subparagraph are the following: 

11 (i) The Assistant Secretary of the 

12 Army for Financial Management. 

13 (ii) The Assistant Secretary of the 

14 Navy for Financial Management. 

15 (iii) The Assistant Secretary of the Air 

16 Force for Financial Management. 

17 (7) MEMBERS OF NATIONAL SECURITY EDU18 CATION BOARD.—Section 803(b)(7) of the David L. 

19 Boren National Security Education Act of 1991 (50 

20 U.S.C. 1903(b)(7)) is amended by striking ‘‘by and 

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

22 (8) DIRECTOR, OFFICE OF SELECTIVE SERVICE

23 RECORDS.—The first section of the Act entitled ‘‘An 

24 Act to establish an Office of Selective Service Records 

25 to liquidate the Selective Service System following the 


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1 termination of its functions on March 31, 1947, and 

2 to preserve and service the Selective Service records, 

3 and for other purposes’’, approved March 31, 1947 

4 (50 U.S.C. 321; 61 Stat. 31) is amended by striking 

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

6 (d) DEPARTMENT OF EDUCATION.— 

7 (1) ASSISTANT SECRETARY FOR LEGISLATION

8 AND CONGRESSIONAL AFFAIRS AND ASSISTANT SEC9 RETARY FOR MANAGEMENT.—Section 202(e) of the 

10 Department of Education Organization Act (20 

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

12 first sentence the following: ‘‘Notwithstanding the pre13 vious sentence, the appointments of individuals to 

14 serve as the Assistant Secretary for Legislation and 

15 Congressional Affairs and the Assistant Secretary for 

16 Management shall not be subject to the advice and 

17 consent of the Senate.’’. 

18 (2) COMMISSIONER, REHABILITATION SERVICES

19 ADMINISTRATION.—Section 3(a) of the Rehabilitation 

20 Act of 1973 (29 U.S.C. 702(a)) is amended by strik21 ing ‘‘by and with the advice and consent of the Sen22 ate’’. 

23 (3) COMMISSIONER, EDUCATION STATISTICS.— 

24 Section 117(b) of the Education Sciences Reform Act 


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1 of 2002 (20 U.S.C. 9517(b)) is amended by striking 

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

3 (e) DEPARTMENT OF ENERGY.—Section 203(a) of the 

4 Department of Energy Organization Act (42 U.S.C. 

5 7133(a)) is amended in the first sentence by striking ‘‘Sen6 ate;’’ and inserting ‘‘Senate (except that the Assistant Sec7 retary for Congressional and Intergovernmental Affairs of 

8 the Department may be appointed by the President without 

9 the advice and consent of the Senate);’’. 

10 (f) DEPARTMENT OF HEALTH AND HUMAN SERV11 ICES.— 

12 (1) ASSISTANT SECRETARY FOR PUBLIC AF13 FAIRS.—Notwithstanding any other provision of law, 

14 the appointment of an individual to serve as the As15 sistant Secretary for Public Affairs within the De16 partment of Health and Human Services shall not be 

17 subject to the advice and consent of the Senate. 

18 (2) ASSISTANT SECRETARY FOR LEGISLATION.— 

19 Notwithstanding any other provision of law, the ap20 pointment of an individual to serve as the Assistant 

21 Secretary for Legislation within the Department of 

22 Health and Human Services shall not be subject to 

23 the advice and consent of the Senate. 

24 (3) COMMISSIONER, ADMINISTRATION FOR CHIL25 DREN, YOUTH AND FAMILIES.—Section 915(b)(2) of 


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1 the Claude Pepper Young Americans Act of 1990 (42 

2 U.S.C. 12311(b)(2)) is amended by striking ‘‘, by and 

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

4 (4) COMMISSIONER, ADMINISTRATION FOR NA5 TIVE AMERICANS.—Section 803B(c) of the Native 

6 American Programs Act of 1974 (42 U.S.C. 2991b– 

7 2(c)) is amended by striking ‘‘, by and with the ad8 vice and consent of the Senate’’. 

9 (g) DEPARTMENT OF HOMELAND SECURITY.— 

10 (1) DIRECTOR OF THE OFFICE FOR DOMESTIC

11 PREPAREDNESS; ASSISTANT ADMINISTRATOR OF THE

12 FEDERAL EMERGENCY MANAGEMENT AGENCY, GRANT

13 PROGRAMS.—Section 430(b) of the Homeland Secu14 rity Act of 2002 (6 U.S.C. 238(b)) is amended by 

15 striking ‘‘, by and with the advice and consent of the 

16 Senate’’. 

17 (2) ADMINISTRATOR OF THE UNITED STATES

18 FIRE ADMINISTRATION.—Section 5(b) of the Federal 

19 Fire Prevention and Control Act of 1974 (15 U.S.C. 

20 2204(b)) is amended by striking ‘‘, by and with the 

21 advice and consent of the Senate,’’. 

22 (3) DIRECTOR OF THE OFFICE OF COUNTER23 NARCOTICS ENFORCEMENT.—Section 878(a) of the 

24 Homeland Security Act of 2002 (6 U.S.C. 458(a)) is 


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1 amended by striking ‘‘, by and with the advice and 

2 consent of the Senate’’. 

3 (4) CHIEF MEDICAL OFFICER.—Section 516(a) of 

4 the Homeland Security Act of 2002 (6 U.S.C. 

5 321e(a)) is amended by striking ‘‘, by and with the 

6 advice and consent of the Senate’’. 

7 (h) HOUSING AND URBAN DEVELOPMENT; ASSISTANT

8 SECRETARY FOR CONGRESSIONAL AND INTERGOVERN9 MENTAL RELATIONS, AND ASSISTANT SECRETARY FOR

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

11 Housing and Urban Development Act (42 U.S.C. 3533(a)) 

12 is amended— 

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

14 (2) by striking ‘‘eight’’ and inserting ‘‘6’’; and 

15 (3) by adding at the end the following: 

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

17 Secretary for Congressional and Intergovernmental Rela18 tions, and an Assistant Secretary for Public Affairs, each 

19 of whom shall be appointed by the President and shall per20 form such functions, powers, and duties as the Secretary 

21 shall prescribe from time to time.’’. 

22 (i) DEPARTMENT OF JUSTICE.— 

23 (1) ASSISTANT ATTORNEY GENERAL, LEGISLA24 TIVE AFFAIRS.— 


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1 (A) IN GENERAL.—Chapter 31 of title 28, 

2 United States Code, is amended— 

3 (i) in section 506, by striking ‘‘11 As4 sistant Attorneys General’’ and inserting 

5 ‘‘10 Assistant Attorneys General’’; and 

6 (ii) by inserting after section 507A the 

7 following: 

8 ‘‘§ 507B. Assistant Attorney General for Legislative Af9 fairs 

10 ‘‘The President shall appoint an Assistant Attorney 

11 General for Legislative Affairs to assist the Attorney Gen12 eral in the performance of the duties of the Attorney Gen13 eral.’’. 

14 (B) TECHNICAL AND CONFORMING AMEND15 MENT.—The table of sections for chapter 31 of 

16 title 28, United States Code, is amended by in17 serting after the item relating to section 507A 

18 the following: 

‘‘507B. Assistant Attorney General for Legislative Affairs.’’. 

19 (2) DIRECTOR, BUREAU OF JUSTICE STATIS20 TICS.—Section 302(b) of title I of the Omnibus Crime 

21 Control and Safe Streets Act of 1968 (42 U.S.C. 

22 3732(b)) is amended by striking ‘‘, by and with the 

23 advice and consent of the Senate’’. 

24 (3) DIRECTOR, BUREAU OF JUSTICE ASSIST25 ANCE.—Section 401(b) of title I of the Omnibus 


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1 Crime Control and Safe Streets Act of 1968 (42 

2 U.S.C. 3741(b)) is amended by striking ‘‘, by and 

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

4 (4) DIRECTOR, NATIONAL INSTITUTE OF JUS5 TICE.—Section 202(b) of title I of the Omnibus Crime 

6 Control and Safe Streets Act of 1968 (42 U.S.C. 

7 3722(b)) is amended by striking ‘‘, by and with the 

8 advice and consent of the Senate’’. 

9 (5) ADMINISTRATOR, OFFICE OF JUVENILE JUS10 TICE AND DELINQUENCY PREVENTION.—Section 

11 201(b) of the Juvenile Justice and Delinquency Pre12 vention Act of 1974 (42 U.S.C. 5611(b)) is amended 

13 by striking ‘‘, by and with the advice and consent of 

14 the Senate,’’. 

15 (6) DIRECTOR, OFFICE FOR VICTIMS OF

16 CRIME.—Section 1411(b) of the Victims of Crime Act 

17 of 1984 (42 U.S.C. 10605(b)) is amended by striking 

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

19 (j) DEPARTMENT OF LABOR.— 

20 (1) ASSISTANT SECRETARIES FOR ADMINISTRA21 TION AND MANAGEMENT, CONGRESSIONAL AFFAIRS, 

22 AND PUBLIC AFFAIRS.—Notwithstanding section 2 of 

23 the Act of April 17, 1946 (29 U.S.C. 553), the ap24 pointment of individuals to serve as the Assistant 

25 Secretary for Administration and Management, the 


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1 Assistant Secretary for Congressional Affairs, and the 

2 Assistant Secretary for Public Affairs within the De3 partment of Labor, shall not be subject to the advice 

4 and consent of the Senate. 

5 (2) DIRECTOR OF THE WOMEN’S BUREAU.—Sec6 tion 2 of the Act of June 5, 1920 (29 U.S.C. 12) is 

7 amended by striking ‘‘, by and with the advice and 

8 consent of the Senate’’. 

9 (k) DEPARTMENT OF STATE; ASSISTANT SECRETARY

10 FOR LEGISLATIVE AND INTERGOVERNMENTAL AFFAIRS, AS11 SISTANT SECRETARY FOR PUBLIC AFFAIRS, AND ASSISTANT

12 SECRETARY FOR ADMINISTRATION.—Section 1(c)(1) of the 

13 State Department Basic Authorities Act of 1956 (22 U.S.C. 

14 2651a(c)(1)) is amended— 

15 (1) by striking ‘‘, each of whom shall be ap16 pointed by the President, by and with the advice and 

17 consent of the Senate, and’’; and 

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

19 Assistant Secretary of State shall be appointed by the 

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

21 Senate, except that the appointments of the Assistant 

22 Secretary for Legislative and Intergovernmental Af23 fairs, the Assistant Secretary for Public Affairs, and 

24 the Assistant Secretary for Administration shall not 

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


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1 (l) DEPARTMENT OF TRANSPORTATION.— 

2 (1) ASSISTANT SECRETARIES.—Section 102(e) of 

3 title 49, United States Code, is amended— 

4 (A) by striking ‘‘(e) THE DEPARTMENT’’ 

5 and all that follows through ‘‘An Assistant Sec6 retary’’ and inserting the following: 

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

8 ‘‘(1) APPOINTMENT.—The Department has 5 As9 sistant Secretaries and a General Counsel, includ10 ing— 

11 ‘‘(A) an Assistant Secretary for Aviation 

12 and International Affairs and an Assistant Sec13 retary for Transportation Policy, who shall each 

14 be appointed by the President, with the advice 

15 and consent of the Senate; 

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

17 Programs and Chief Financial Officer and an 

18 Assistant Secretary for Governmental Affairs, 

19 who shall each be appointed by the President; 

20 ‘‘(C) an Assistant Secretary for Adminis21 tration, who shall be appointed in the competi22 tive service by the Secretary, with the approval 

23 of the President; and 


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1 ‘‘(D) a General Counsel, who shall be ap2 pointed by the President, with the advice and 

3 consent of the Senate. 

4 ‘‘(2) DUTIES AND POWERS.—The officers set 

5 forth in paragraph (1) shall carry out duties and 

6 powers prescribed by the Secretary. An Assistant Sec7 retary’’. 

8 (2) DEPUTY ADMINISTRATOR, FEDERAL AVIATION

9 ADMINISTRATION.—Section 106 of title 49, United 

10 States Code, is amended— 

11 (A) in subsection (b), by striking ‘‘. The Ad12 ministration has a Deputy Administrator. They 

13 are appointed’’ and inserting ‘‘, who shall be ap14 pointed’’; and 

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

16 Deputy Administrator must’’ and inserting ‘‘The 

17 Administration has a Deputy Administrator, 

18 who shall be appointed by the President. In mak19 ing an appointment, the President shall consider 

20 the fitness of the appointee to efficiently carry 

21 out the duties and powers of the office. The Dep22 uty Administrator shall’’. 

23 (m) DEPARTMENT OF THE TREASURY.— 

24 (1) ASSISTANT SECRETARIES FOR LEGISLATIVE

25 AFFAIRS, PUBLIC AFFAIRS, AND MANAGEMENT.—SecVerDate Mar 15 2010 23:00 Jun 13, 2011 Jkt 099200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6203 E:\BILLS\S679.RS S679

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1 tion 301(e) of title 31, United States Code, is amend2 ed— 

3 (A) by striking ‘‘10 Assistant Secretaries’’ 

4 and inserting ‘‘7 Assistant Secretaries’’; and 

5 (B) by inserting ‘‘The Department shall 

6 have 3 Assistant Secretaries not subject to the 

7 advice and consent of the Senate who shall be the 

8 Assistant Secretary for Legislative Affairs, the 

9 Assistant Secretary for Public Affairs, and the 

10 Assistant Secretary for Management.’’ after the 

11 first sentence. 

12 (2) TREASURER OF THE UNITED STATES.—Sec13 tion 301(d) of title 31, United States Code, is amend14 ed— 

15 (A) by striking ‘‘2 Deputy Under Secre16 taries, and a Treasurer of the United States’’ 

17 and inserting ‘‘and 2 Deputy Under Secre18 taries’’, and 

19 (B) by inserting ‘‘and a Treasurer of the 

20 United States appointed by the President’’ after 

21 ‘‘Fiscal Assistant Secretary appointed by the 

22 Secretary’’. 

23 (3) DIRECTOR OF THE MINT.—Section 304(b)(1) 

24 of title 31, United States Code, is amended— 


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

2 and consent of the Senate’’; and 

3 (B) by striking ‘‘On removal, the President 

4 shall send a message to the Senate giving the 

5 reasons for removal.’’. 

6 (n) DEPARTMENT OF VETERANS AFFAIRS.—Section 

7 308(a) of title 38, United States Code, is amended— 

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

9 There shall’’; 

10 (2) in paragraph (1), as designated by para11 graph (1) of this subsection, by striking ‘‘Each Assist12 ant’’ and all that follows through the period at the 

13 end; and 

14 (3) by adding at the end the following new para15 graphs: 

16 ‘‘(2) Except as provided in paragraph (3), each Assist17 ant Secretary appointed under paragraph (1) shall be ap18 pointed by the President, by and with the advice and con19 sent of the Senate. 

20 ‘‘(3) The following Assistant Secretaries may be ap21 pointed without the advice and consent of the Senate: 

22 ‘‘(A) The Assistant Secretary for Management. 

23 ‘‘(B) The Assistant Secretary for Human Re24 sources and Administration. 


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1 ‘‘(C) The Assistant Secretary for Public and 

2 Intergovernmental Affairs. 

3 ‘‘(D) The Assistant Secretary for Congressional 

4 and Legislative Affairs. 

5 ‘‘(E) The Assistant Secretary for Operations, Se6 curity and Preparedness.’’. 

7 (o) APPALACHIAN REGIONAL COMMISSION; ALTER8 NATE FEDERAL CO-CHAIRMAN.—Section 14301(b)(1) of 

9 title 40, United States Code, is amended by striking ‘‘by 

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

11 (p) COUNCIL OF ECONOMIC ADVISERS, MEMBERS.— 

12 Section 10 of the Employment Act of 1946 (15 U.S.C. 1023) 

13 is amended by striking subsection (a) and inserting the fol14 lowing: 

15 ‘‘(a) CREATION; COMPOSITION; QUALIFICATIONS; 

16 CHAIRMAN AND VICE CHAIRMAN.— 

17 ‘‘(1) CREATION.—There is created in the Execu18 tive Office of the President a Council of Economic Ad19 visers (hereinafter called the ‘Council’). 

20 ‘‘(2) COMPOSITION.—The Council shall be com21 posed of three members, of whom— 

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

23 appointed by the President by and with the ad24 vice and consent of the Senate; and 

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


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1 ‘‘(3) QUALIFICATIONS.—Each member shall be a 

2 person who, as a result of training, experience, and 

3 attainments, is exceptionally qualified to analyze and 

4 interpret economic developments, to appraise pro5 grams and activities of the Government in the light 

6 of the policy declared in section 2, and to formulate 

7 and recommend national economic policy to promote 

8 full employment, production, and purchasing power 

9 under free competitive enterprise. 

10 ‘‘(4) VICE CHAIRMAN.—The President shall des11 ignate 1 of the members of the Council as vice chair12 man, who shall act as chairman in the absence of the 

13 chairman.’’. 

14 (q) CORPORATION FOR NATIONAL AND COMMUNITY

15 SERVICE; MANAGING DIRECTOR.—Section 194(a)(1) of the 

16 National and Community Service Act of 1990 (42 U.S.C. 

17 12651e(a)(1)) is amended by striking ‘‘, by and with the 

18 advice and consent of the Senate’’. 

19 (r) NATIONAL COUNCIL ON DISABILITY MEMBERS, IN20 CLUDING CHAIRPERSON.—Section 400(a)(1)(A) of the Re21 habilitation Act of 1973 (29 U.S.C. 780(a)(1)(A)) is amend22 ed by striking ‘‘, by and with the advice and consent of 

23 the Senate’’. 

24 (s) NATIONAL FOUNDATION ON THE ARTS AND THE

25 HUMANITIES; NATIONAL MUSEUM AND LIBRARY SERVICES


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1 BOARD; MEMBERS.—Section 207(b)(1) of the Museum and 

2 Library Services Act (20 U.S.C. 9105a(b)(1)) is amended— 

3 (1) in subparagraph (D), by striking ‘‘, by and 

4 with the advice and consent of the Senate’’; and 

5 (2) in subparagraph (E), by striking ‘‘, by and 

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

7 (t) NATIONAL SCIENCE FOUNDATION; BOARD MEM8 BERS.—Section 4(a) of the National Science Foundation 

9 Act of 1950 (42 U.S.C. 1863(a)) is amended by striking 

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

11 (u) OFFICE OF MANAGEMENT AND BUDGET; CON12 TROLLER, OFFICE OF FEDERAL FINANCIAL MANAGE13 MENT.—Section 504(b) of title 31, United States Code, is 

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

15 of the Senate,’’. 

16 (v) OFFICE OF NATIONAL DRUG CONTROL POLICY; 

17 DEPUTY DIRECTORS.—Section 704(a)(1) of the Office of 

18 National Drug Control Policy Reauthorization Act of 1998 

19 (21 U.S.C. 1703(a)(1)) is amended to read as follows: 

20 ‘‘(1) IN GENERAL.— 

21 ‘‘(A) DIRECTOR.—The Director shall be ap22 pointed by the President, by and with the advice 

23 and consent of the Senate, and shall serve at the 

24 pleasure of the President. 


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1 ‘‘(B) DEPUTY DIRECTORS.—The Deputy Di2 rector of National Drug Control Policy, Deputy 

3 Director for Demand Reduction, the Deputy Di4 rector for Supply Reduction, and the Deputy Di5 rector for State and Local Affairs shall each be 

6 appointed by the President and serve at the 

7 pleasure of the President. 

8 ‘‘(C) DEPUTY DIRECTOR FOR DEMAND RE9 DUCTION.—In appointing the Deputy Director 

10 for Demand Reduction under this paragraph, the 

11 President shall take into consideration the sci12 entific, educational, or professional background 

13 of the individual, and whether the individual has 

14 experience in the fields of substance abuse pre15 vention, education, or treatment.’’. 

16 (w) OFFICE OF NAVAJO AND HOPI RELOCATION; COM17 MISSIONER.—Section 12(b)(1) of Public Law 93–531 (25 

18 U.S.C. 640d–11(b)(1)) is amended by striking ‘‘by and with 

19 the advice and consent of the Senate’’. 

20 (x) UNITED STATES AGENCY FOR INTERNATIONAL DE21 VELOPMENT.— 

22 (1) ASSISTANT ADMINISTRATOR FOR LEGISLA23 TIVE AND PUBLIC AFFAIRS.—Notwithstanding section 

24 624(a) of the Foreign Assistance Act of 1961 (22 

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


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1 the Assistant Administrator for Legislative and Pub2 lic Affairs at the United States Agency for Inter3 national Development shall not be subject to the ad4 vice and consent of the Senate. 

5 (2) ASSISTANT ADMINISTRATOR FOR MANAGE6 MENT.—Notwithstanding section 624(a) of the For7 eign Assistance Act of 1961 (22 U.S.C. 2384(a)), the 

8 appointment by the President of the Assistant Admin9 istrator for Management at the United States Agency 

10 for International Development shall not be subject to 

11 the advice and consent of the Senate. 

12 (y) COMMUNITY DEVELOPMENT FINANCIAL INSTITU13 TION FUND; ADMINISTRATOR.—Section 104(b)(1) of the 

14 Community Development Banking and Financial Institu15 tions Act of 1994 (12 U.S.C. 4703(b)(1)) is amended by 

16 striking ‘‘, by and with the advice and consent of the Sen17 ate’’. 

18 (z) DEPARTMENT OF TRANSPORTATION; ST. LAW19 RENCE SEAWAY DEVELOPMENT CORPORATION; ADMINIS20 TRATOR.—Subsection (a) of section 2 of the Act of May 13, 

21 1954, referred to as the Saint Lawrence Seaway Act (33 

22 U.S.C. 982(a)) is amended by striking ‘‘, by and with the 

23 advice and consent of the Senate,’’. 

24 (aa) MISSISSIPPI RIVER COMMISSION; COMMIS25 SIONER.—Section 2 of the Act of June 28, 1879 (33 U.S.C. 


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1 642), is amended in the first sentence by striking ‘‘, by and 

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

3 (bb) GOVERNOR AND ALTERNATE GOVERNOR OF THE

4 AFRICAN DEVELOPMENT BANK.— 

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

6 Development Bank Act (22 U.S.C. 290i–1(a)) is 

7 amended by striking ‘‘, by and with’’ and all that fol8 lows through ‘‘Bank’’ and inserting ‘‘shall appoint a 

9 Governor and an Alternate Governor’’. 

10 (2) CONFORMING AMENDMENTS.—Section 1334 

11 of such Act (22 U.S.C. 290i–2) is amended— 

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

13 Director’’ and inserting the following: 

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

15 (B) by inserting before subsection (b), as re16 designated, the following: 

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

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

19 (cc) GOVERNOR AND ALTERNATE GOVERNOR OF THE

20 ASIAN DEVELOPMENT BANK.—Section 3(a) of the Asian 

21 Development Bank Act (22 U.S.C. 285a(a)) is amended by 

22 striking ‘‘, by and with’’ and all that follows through the 

23 end period and inserting ‘‘shall appoint—’’ 

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

25 for the Governor; and 


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1 ‘‘(2) by and with the advice and consent of the 

2 Senate, a Director of the Bank.’’. 

3 (dd) GOVERNORS AND ALTERNATE GOVERNORS OF

4 THE INTERNATIONAL MONETARY FUND AND THE INTER5 NATIONAL BANK FOR RECONSTRUCTION AND DEVELOP6 MENT.—Section 3 of the Bretton Woods Agreements Act (22 

7 U.S.C. 286a) is amended— 

8 (1) in subsection (a), by striking ‘‘, by and with 

9 the advice and consent of the Senate, shall appoint a 

10 governor of the Fund who shall also serve as governor 

11 of the Bank, and an executive director’’ and inserting 

12 ‘‘shall appoint a governor of the Fund who shall also 

13 serve as governor of the Bank and, by and with the 

14 advice and consent of the Senate, an executive direc15 tor’’; and 

16 (2) in subsection (b), by striking ‘‘, by and with 

17 the advice and consent of the Senate,’’ the first place 

18 it appears. 

19 (ee) GOVERNOR AND ALTERNATE GOVERNOR OF THE

20 AFRICAN DEVELOPMENT FUND.—Section 203(a) of the Af21 rican Development Fund Act (22 U.S.C. 290g–1(a)) is 

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

23 of the Senate,’’. 

24 (ff) NATIONAL BOARD FOR EDUCATION SCIENCES; 

25 MEMBERS.—Section 116(c)(1) of the Education Sciences 


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1 Reform Act of 2002 (20 U.S.C. 9516(c)(1)) is amended by 

2 striking ‘‘, by and with the advice and consent of the Sen3 ate’’. 

4 (gg) NATIONAL INSTITUTE FOR LITERACY ADVISORY

5 BOARD; MEMBERS.—Section 242(e)(1)(A) of the Adult 

6 Education and Family Literacy Act (20 U.S.C. 

7 9252(e)(1)(A)) is amended by striking ‘‘with the advice and 

8 consent of the Senate’’. 

9 (hh) INSTITUTE OF AMERICAN INDIAN AND ALASKA

10 NATIVE CULTURE AND ARTS DEVELOPMENT; MEMBER, 

11 BOARD OF TRUSTEES.—Section 1505 of the American In12 dian, Alaska Native, and Native Hawaiian Culture and Art 

13 Development Act (20 U.S.C. 4412(a)(1)(A)) is amended by 

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

15 (ii) FEDERAL COORDINATOR FOR ALASKA NATURAL

16 GAS TRANSPORTATION PROJECTS.—Section 106(b)(1) of 

17 the Alaska Natural Gas Pipeline Act (division C of Public 

18 Law 108–324; 15 U.S.C. 720d(b)(1)) is amended by strik19 ing ‘‘, by and with the advice and consent of the Senate,’’. 

20 (jj) PUBLIC HEALTH SERVICE COMMISSIONED OFFI21 CER CORPS.— 

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

23 Public Health Service Act (42 U.S.C. 204(a)(3)) is 

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

25 the Senate’’. 


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

2 Health Service Act (42 U.S.C. 211(a)) is amended by 

3 striking ‘‘, by and with the advice and consent of the 

4 Senate’’. 

5 (kk) NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS6 TRATION COMMISSIONED OFFICER CORPS.— 

7 (1) APPOINTMENTS AND PROMOTIONS TO PERMA8 NENT GRADES.—Section 226 of the National Oceanic 

9 and Atmospheric Administration Commissioned Offi10 cer Corps Act of 2002 (33 U.S.C. 3026) is amended 

11 by striking ‘‘, by and with the advice and consent of 

12 the Senate’’. 

13 (2) POSITIONS OF IMPORTANCE AND RESPONSI14 BILITY.—Section 228(d)(1) of such Act (33 U.S.C. 

15 3028(d)(1)) is amended by striking ‘‘, by and with 

16 the advice and consent of the Senate’’. 

17 (3) TEMPORARY APPOINTMENTS AND PRO18 MOTIONS GENERALLY.—Section 229 of such Act (33 

19 U.S.C. 3029) is amended— 

20 (A) by striking ‘‘alone’’ each place it ap21 pears; and 

22 (B) in subsection (a), in the second sen23 tence, by striking ‘‘unless the Senate sooner gives 

24 its advice and consent to the appointment’’. 


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1 (ll) CHIEF FINANCIAL OFFICER POSITIONS.—Section 

2 901 of title 31, United States Code, is amended— 

3 (1) in subsection(a)(1), by striking subpara4 graphs (A) and (B) and inserting the following: 

5 ‘‘(A) be appointed by the President; or 

6 ‘‘(B) be designated by the President, in con7 sultation with the head of the agency, from 

8 among officials of the agency who are required 

9 by law to be appointed by the President, whether 

10 or not by and with the advice and consent of the 

11 Senate;’’; 

12 (2) in subsection (b)(1), striking subparagraph 

13 (Q); and 

14 (3) in subsection (b)(2), inserting at the end: 

15 ‘‘(H) The National Aeronautics and Space 

16 Administration.’’. 

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

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

19 States Code, is amended to read as follows: 

20 ‘‘§ 21. Director of the Census; duties 

21 ‘‘(a) APPOINTMENT.— 

22 ‘‘(1) IN GENERAL.—The Bureau shall be headed 

23 by a Director of the Census, appointed by the Presi24 dent, by and with the advice and consent of the Sen25 ate, without regard to political affiliation. 


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1 ‘‘(2) QUALIFICATIONS.—Such appointment shall 

2 be made from individuals who have a demonstrated 

3 ability in managing large organizations and experi4 ence in the collection, analysis, and use of statistical 

5 data. 

6 ‘‘(b) TERM OF OFFICE.— 

7 ‘‘(1) IN GENERAL.—The term of office of the Di8 rector shall be 5 years, and shall begin on January 

9 1, 2012, and every fifth year thereafter. An individual 

10 may not serve more than 2 full terms as Director. 

11 ‘‘(2) VACANCIES.—Any individual appointed to 

12 fill a vacancy in such position, occurring before the 

13 expiration of the term for which such individual’s 

14 predecessor was appointed, shall be appointed for the 

15 remainder of that term. The Director may serve after 

16 the end of the Director’s term until reappointed or 

17 until a successor has been appointed, but in no event 

18 longer than 1 year after the end of such term. 

19 ‘‘(3) REMOVAL.—An individual serving as Di20 rector may be removed from office by the President. 

21 The President shall communicate in writing the rea22 sons for any such removal to both Houses of Congress 

23 not later than 60 days before the removal. 


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

2 as may be imposed upon the Director by law, regulations, 

3 or orders of the Secretary.’’. 

4 (b) TRANSITION RULES.— 

5 (1) APPOINTMENT OF INITIAL DIRECTOR.—The 

6 initial Director of the Bureau of the Census shall be 

7 appointed in accordance with the provisions of section 

8 21(a) of title 13, United States Code, as amended by 

9 subsection (a). 

10 (2) INTERIM ROLE OF CURRENT DIRECTOR OF

11 THE CENSUS AFTER DATE OF ENACTMENT.—If, as of 

12 January 1, 2012, the initial Director of the Bureau 

13 of the Census has not taken office, the officer serving 

14 on December 31, 2011, as Director of the Census (or 

15 Acting Director of the Census, if applicable) in the 

16 Department of Commerce— 

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

18 of the Census; and 

19 (B) shall assume the powers and duties of 

20 such Director for one term beginning January 1, 

21 2012, as described in section 21(b) of such title, 

22 as so amended. 

23 (c) TECHNICAL AND CONFORMING AMENDMENTS.—Not 

24 later than January 1, 2012, the Secretary of Commerce, 

25 in consultation with the Director of the Census, shall submit 


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1 to each House of the Congress draft legislation containing 

2 any technical and conforming amendments to title 13, 

3 United States Code, and any other provisions which may 

4 be necessary to carry out the purposes of this section. 

5 SEC. 4. WORKING GROUP ON STREAMLINING PAPERWORK 

6 FOR EXECUTIVE NOMINATIONS. 

7 (a) ESTABLISHMENT.—There is established the Work8 ing Group on Streamlining Paperwork for Executive Nomi9 nations (in this section referred to as the ‘‘Working 

10 Group’’). 

11 (b) MEMBERSHIP.— 

12 (1) COMPOSITION.—The Working Group shall be 

13 composed of— 

14 (A) the chairperson who shall be— 

15 (i) except as provided under clause 

16 (ii), the Director of the Office of Presi17 dential Personnel; or 

18 (ii) a Federal officer designated by the 

19 President; 

20 (B) representatives designated by the Presi21 dent from— 

22 (i) the Office of Personnel Manage23 ment; 

24 (ii) the Office of Government Ethics; 

25 and 


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1 (iii) the Federal Bureau of Investiga2 tion; and 

3 (C) individuals appointed by the chair4 person of the Working Group who have experi5 ence and expertise relating to the Working 

6 Group, including— 

7 (i) individuals from other relevant 

8 Federal agencies; and 

9 (ii) individuals with relevant experi10 ence from previous presidential administra11 tions. 

12 (c) STREAMLINING OF PAPERWORK REQUIRED FOR

13 EXECUTIVE NOMINATIONS.— 

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

15 the date of enactment of this Act, the Working Group 

16 shall conduct a study and submit a report on the 

17 streamlining of paperwork required for executive 

18 nominations to— 

19 (A) the President; 

20 (B) the Committee on Homeland Security 

21 and Governmental Affairs of the Senate; and 

22 (C) the Committee on Rules and Adminis23 tration of the Senate. 

24 (2) CONSULTATION WITH COMMITTEES OF THE

25 SENATE.—In conducting the study under this section, 


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1 the Working Group shall consult with the chairperson 

2 and ranking member of the committees referred to 

3 under paragraph (1) (B) and (C). 

4 (3) CONTENTS.— 

5 (A) IN GENERAL.—The report submitted 

6 under this section shall include— 

7 (i) recommendations for the stream8 lining of paperwork required for executive 

9 nominations; and 

10 (ii) a detailed plan for the creation 

11 and implementation of an electronic system 

12 for collecting and distributing background 

13 information from potential and actual Pres14 idential nominees for positions which re15 quire appointment by and with the advice 

16 and consent of the Senate. 

17 (B) ELECTRONIC SYSTEM.—The electronic 

18 system described under subparagraph (A)(ii) 

19 shall— 

20 (i) provide for— 

21 (I) less burden on potential nomi22 nees for positions which require ap23 pointment by and with the advice and 

24 consent of the Senate; 


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1 (II) faster delivery of background 

2 information to Congress, the White 

3 House, the Federal Bureau of Inves4 tigation, Diplomatic Security, and the 

5 Office of Government Ethics; and 

6 (III) fewer errors of omission; and 

7 (ii) ensure the existence and operation 

8 of a single, searchable form which shall be 

9 known as a ‘‘Smart Form’’ and shall— 

10 (I) be free to a nominee and easy 

11 to use; 

12 (II) make it possible for the nomi13 nee to answer all vetting questions one 

14 way, at a single time; 

15 (III) secure the information pro16 vided by a nominee; 

17 (IV) allow for multiple submis18 sions over time, but always in the for19 mat requested by the vetting agency or 

20 entity; 

21 (V) be compatible across different 

22 computer platforms; 

23 (VI) make it possible to easily 

24 add, modify, or subtract vetting ques25 tions; 


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1 (VII) allow error checking; and 

2 (VIII) allow the user to track the 

3 progress of a nominee in providing the 

4 required information. 

5 (d) REVIEW OF BACKGROUND INVESTIGATION RE6 QUIREMENTS.— 

7 (1) IN GENERAL.—The Working Group shall con8 duct a review of the impact of background investiga9 tion requirements on the appointments process. 

10 (2) CONDUCT OF REVIEW.—In conducting the re11 view, the Working Group shall— 

12 (A) assess the feasibility of using personnel 

13 other than Federal Bureau of Investigation per14 sonnel, in appropriate circumstances, to conduct 

15 background investigations of individuals under 

16 consideration for positions appointed by the 

17 President, by and with the advice and consent of 

18 the Senate; and 

19 (B) consider the extent to which the scope of 

20 the background investigation conducted for an 

21 individual under consideration for a position 

22 appointed by the President, by and with the ad23 vice and consent of the Senate, should be varied 

24 depending on the nature of the position for 

25 which the individual is being considered. 


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

2 date of enactment of this Act, the Working Group 

3 shall submit a report of the findings of the review 

4 under this subsection to— 

5 (A) the President; 

6 (B) the Committee on Homeland Security 

7 and Governmental Affairs of the Senate; and 

8 (C) the Committee on Rules and Adminis9 tration of the Senate. 

10 (e) PERSONNEL MATTERS.— 

11 (1) COMPENSATION OF MEMBERS.— 

12 (A) FEDERAL OFFICERS AND EMPLOYEES.— 

13 Each member of the Working Group who is a 

14 Federal officer or employee shall serve without 

15 compensation in addition to that received for 

16 their services as a Federal officer or employee. 

17 (B) MEMBERS NOT FEDERAL OFFICERS AND

18 EMPLOYEES.—Each member of the Working 

19 Group who is not a Federal officer or employee 

20 shall not be compensated for services performed 

21 for the Working Group. 

22 (2) TRAVEL EXPENSES.—The members of the 

23 Working Group shall be allowed travel expenses, in24 cluding per diem in lieu of subsistence, at rates au25 thorized for employees of agencies under subchapter I 


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1 of chapter 57 of title 5, United States Code, while 

2 away from their homes or regular places of business 

3 in the performance of services for the Working Group. 

4 (3) STAFF.— 

5 (A) IN GENERAL.—The President may des6 ignate Federal officers and employees to provide 

7 support services for the Working Group. 

8 (B) DETAIL OF FEDERAL EMPLOYEES.— 

9 Any Federal employee may be detailed to the 

10 Working Group without reimbursement, and 

11 such detail shall be without interruption or loss 

12 of civil service status or privilege. 

13 (f) NON-APPLICABILITY OF FEDERAL ADVISORY COM14 MITTEE ACT.—The Federal Advisory Committee Act (5 

15 U.S.C. App.) shall not apply to the Working Group estab16 lished under this section. 

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

18 Working Group shall terminate 60 days after the date on 

19 which the Working Group submits the latter of the 2 reports 

20 under this section. 

21 SEC. 5. EFFECTIVE DATE. 

22 (a) PRESIDENTIAL APPOINTMENTS NOT SUBJECT TO

23 SENATE APPROVAL.—The amendments made by section 2 

24 shall take effect 60 days after the date of enactment of this 

25 Act and apply to appointments made on and after that efVerDate Mar 15 2010 23:00 Jun 13, 2011 Jkt 099200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6203 E:\BILLS\S679.RS S679

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1 fective date, including any nomination pending in the Sen2 ate on that date. 

3 (b) DIRECTOR OF THE CENSUS AND WORKING

4 GROUP.—The provisions of sections 3 and 4 (including any 

5 amendments made by those sections) shall take effect on the 

6 date of enactment of this Act. 


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Calendar No. 75 

112TH CONGRESS 

1ST SESSION S. 679 

A BILL 

To reduce the number of executive positions subject 

to Senate confirmation. 

JUNE 13, 2011 

Reported with an amendment 


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