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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 679 Introduced in Senate (IS)]

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

_______________________________________________________________________

                                 A BILL

 
     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 congressional 
        relations and 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 
                ``subsection (a)(3)'';
                    (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) Assistant secretary for legislative affairs.--The 
        provisions of the Act entitled ``An Act to provide for the 
        appointment of one additional Assistant Secretary of Commerce, 
        and for other purposes'', approved July 15, 1947 (15 U.S.C. 
        1505), section 304 of title III of the Departments of State, 
        Justice, and Commerce and the United States Information Agency 
        Appropriation Act, 1955 (15 U.S.C. 1506), and the Act entitled 
        ``An Act to authorize an additional Assistant Secretary of 
        Commerce'', approved February 16, 1962 (15 U.S.C. 1507), that 
        require the advice and consent of the Senate shall not apply 
        with respect to the appointment of the Assistant Secretary for 
        Congressional Relations.
            (2) 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,''.
            (3) Assistant secretary for communications and 
        information.--Section 103(a)(2) of the National 
        Telecommunications and Information Administration Organization 
        Act (47 U.S.C. 902(a)(2)) is amended by striking ``, by and 
        with the advice and consent of the Senate''.
    (c) Department of Defense.--
            (1) Assistant secretaries of defense for legislative 
        affairs, public affairs, and networks and information 
        integration.--Section 138(a)(2) of title 10, United States 
        Code, as amended by section 901(b)(4)(A) of the Ike Skelton 
        National Defense Authorization Act for Fiscal Year 2011, is 
        further amended to read as follows:
    ``(2)(A) Except as provided in subparagraph (B), the Assistant 
Secretaries of Defense shall be appointed from civilian life by the 
President, by and with the advice and consent of the Senate.
    ``(B) The Assistant Secretary of Defense referred to in subsection 
(b)(5), the Assistant Secretary of Defense for Public Affairs, and the 
Assistant Secretary of Defense for Networks and Information Integration 
shall each be appointed from civilian life by the President.''.
            (2) Assistant secretary of the army for financial 
        management.--Section 3016(a) of such title is amended--
                    (A) by inserting ``(1)'' after ``(a)'';
                    (B) by striking the second sentence; and
                    (C) by adding at the end the following new 
                paragraph:
    ``(2)(A) Except as provided in subparagraph (B), the Assistant 
Secretaries of the Army shall be appointed from civilian life by the 
President, by and with the advice and consent of the Senate.
    ``(B) The Assistant Secretary of the Army specified in subsection 
(b)(4) shall be appointed from civilian life by the President.''.
            (3) Assistant secretary of the navy for financial 
        management.--Section 5016(a) of such title is amended--
                    (A) by inserting ``(1)'' after ``(a)'';
                    (B) by striking the second sentence; and
                    (C) by adding at the end the following new 
                paragraph:
    ``(2)(A) Except as provided in subparagraph (B), the Assistant 
Secretaries of the Navy shall be appointed from civilian life by the 
President, by and with the advice and consent of the Senate.
    ``(B) The Assistant Secretary of the Navy specified in subsection 
(b)(3) shall be appointed from civilian life by the President.''.
            (4) Assistant secretary of the air force for financial 
        management.--Section 8016(a) of such title is amended--
                    (A) by inserting ``(1)'' after ``(a)'';
                    (B) by striking the second sentence; and
                    (C) by adding at the end the following new 
                paragraph:
    ``(2)(A) Except as provided in subparagraph (B), the Assistant 
Secretaries of the Air Force shall be appointed from civilian life by 
the President, by and with the advice and consent of the Senate.
    ``(B) The Assistant Secretary of the Air Force specified in 
subsection (b)(3) shall be appointed from civilian life by the 
President.''.
            (5) 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,''.
    (d) Department of Education.--
            (1) Assistant secretary for legislation and congressional 
        affairs and 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 Legislation and Congressional Affairs and the Assistant 
        Secretary for Management shall not be subject to the advice and 
        consent of the Senate.''.
            (2) Commissioner, rehabilitation services administration.--
        Section 3(a) of the Rehabilitation Act of 1973 (29 U.S.C. 
        702(a)) is amended by striking ``by and with the advice and 
        consent of the Senate''.
            (3) 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 Energy.--Section 203(a) of the Department of 
Energy Organization Act (42 U.S.C. 7133(a)) is amended in the first 
sentence by striking ``Senate;'' and inserting ``Senate (except that 
the Assistant Secretary for Congressional and Intergovernmental Affairs 
of the Department may be appointed by the President without the advice 
and consent of the Senate);''.
    (f) 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.
            (2) Assistant secretary for legislation.--Notwithstanding 
        any other provision of law, the appointment of an individual to 
        serve as the Assistant Secretary for Legislation within the 
        Department of Health and Human Services shall not be subject to 
        the advice and consent of the Senate.
            (3) Commissioner, administration for children, youth and 
        families.--Section 915(b)(2) of the Claude Pepper Young 
        Americans Act of 1990 (42 U.S.C. 12311(b)(2)) is amended by 
        striking ``, by and with the advice and consent of the 
        Senate,''.
            (4) Commissioner, administration for native americans.--
        Section 803B(c) of the Native American Programs Act of 1974 (42 
        U.S.C. 2991b-2(c)) is amended by striking ``, by and with the 
        advice and consent of the Senate''.
    (g) 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''.
            (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''.
    (h) Housing and Urban Development; Chief Human Capital Officer, 
Assistant Secretary for Congressional and Intergovernmental Relations, 
and 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 ``5''; and
            (3) by adding at the end the following:
    ``(2) There shall be in the Department a Chief Human Capital 
Officer, an Assistant Secretary for Congressional and Intergovernmental 
Relations, and an Assistant Secretary for Public Affairs, each of whom 
shall be appointed by the President and shall perform such functions, 
powers, and duties as the Secretary shall prescribe from time to 
time.''.
    (i) Department of Justice.--
            (1) Assistant attorney general, legislative affairs.--
                    (A) In general.--Chapter 31 of title 28, United 
                States Code, is amended--
                            (i) in section 506, by striking ``11 
                        Assistant Attorneys General'' and inserting 
                        ``10 Assistant Attorneys General''; and
                            (ii) by inserting after section 507A the 
                        following:
``Sec. 507B. Assistant Attorney General for Legislative Affairs
    ``The President shall appoint an Assistant Attorney General for 
Legislative Affairs to assist the Attorney General in the performance 
of the duties of the Attorney General.''.
                    (B) Technical and conforming amendment.--The table 
                of sections for chapter 31 of title 28, United States 
                Code, is amended by inserting after the item relating 
                to section 507A the following:

``507B. Assistant Attorney General for Legislative Affairs.''.
            (2) 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''.
            (3) 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''.
            (4) 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''.
            (5) 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,''.
            (6) 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''.
    (j) Department of Labor.--
            (1) Assistant secretaries for administration and 
        management, congressional affairs, 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, the 
        Assistant Secretary for Congressional Affairs, and the 
        Assistant Secretary for Public Affairs within the Department of 
        Labor, shall not be subject to the advice and consent of the 
        Senate.
            (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''.
    (k) Department of State; Assistant Secretary for Legislative and 
Intergovernmental Affairs, 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 Legislative and 
        Intergovernmental Affairs, the Assistant Secretary for Public 
        Affairs, and the Assistant Secretary for Administration shall 
        not be subject to the advice and consent of the Senate.''.
    (l) 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 and an Assistant Secretary for 
                Transportation Policy, who shall each be appointed by 
                the President, with the advice and consent of the 
                Senate;
                    ``(B) an Assistant Secretary for Budget and 
                Programs and Chief Financial Officer and an Assistant 
                Secretary for Governmental Affairs, who shall each be 
                appointed by the President;
                    ``(C) an Assistant Secretary for Administration, 
                who shall be appointed in the competitive service by 
                the Secretary, with the approval of the President; and
                    ``(D) a General Counsel, who shall be appointed by 
                the President, with the advice and consent of the 
                Senate.
            ``(2) Duties and powers.--The officers set forth in 
        paragraph (1) shall carry out duties and powers prescribed by 
        the Secretary. An Assistant Secretary''.
            (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''.
    (m) Department of Treasury.--
            (1) Assistant secretary for legislative affairs.--Section 
        301(e) of title 31, United States Code, is amended--
                    (A) striking ``10 Assistant Secretaries'' and 
                inserting ``9 Assistant Secretaries''; and
                    (B) by inserting after the first sentence the 
                following new sentence: ``The Department shall have 1 
                Assistant Secretary not subject to the advice and 
                consent of the Senate who shall be the Assistant 
                Secretary for Legislative Affairs.''.
            (2) Assistant secretary for public affairs and director of 
        policy planning.--Section 301(e) of title 31, United States 
        Code, as amended by paragraph (1), is amended by--
                    (A) striking ``9 Assistant Secretaries'' in the 
                first sentence and inserting ``8 Assistant 
                Secretaries''; and
                    (B) in the second sentence--
                            (i) by striking ``1 Assistant Secretary'' 
                        and inserting ``2 Assistant Secretaries'', and
                            (ii) by inserting ``and the Assistant 
                        Secretary for Public Affairs'' before the 
                        period at the end.
            (3) Assistant secretary for management and chief financial 
        officer.--Section 301(e) of title 31, United States Code, as 
        amended by paragraphs (1) and (2), is amended by--
                    (A) striking ``8 Assistant Secretaries'' in the 
                first sentence and inserting ``7 Assistant 
                Secretaries''; and
                    (B) in the second sentence--
                            (i) by striking ``2 Assistant Secretary'' 
                        and inserting ``3 Assistant Secretaries'', and
                            (ii) by striking ``and the Assistant 
                        Secretary for Public Affairs'' and inserting 
                        ``, the Assistant Secretary for Public Affairs, 
                        and the Assistant Secretary for Management, 
                        Chief Financial Officer, and Chief Performance 
                        Officer''.
            (4) 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''.
            (5) Director of the mint.--Section 304(b)(1) of title 31, 
        United States Code, is amended--
                    (A) by striking ``, by and with the advice and 
                consent of the Senate''; and
                    (B) by striking ``On removal, the President shall 
                send a message to the Senate giving the reasons for 
                removal.''.
    (n) 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 Congressional and 
        Legislative Affairs.
            ``(E) The Assistant Secretary for Information and 
        Technology.''.
    (o) Appalachian Regional Commission; Alternate Federal Co-
Chairman.--Section 14301(b)(1) of title 40, United States Code, is 
amended by striking ``by and with the advice and consent of the 
Senate''.
    (p) 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 his training, experience, and attainments, is 
        exceptionally qualified to analyze and interpret economic 
        developments, to appraise programs and activities of the 
        Government in the light of the policy declared in section 2, 
        and to formulate and recommend national economic policy to 
        promote full employment, production, and purchasing power under 
        free competitive enterprise.
            ``(4) Vice chairman.--The President shall designate 1 of 
        the members of the Council as vice chairman, who shall act as 
        chairman in the absence of the chairman.''.
    (q) 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. 12651d(a)(1)) is amended by striking ``, by and with 
the advice and consent of the Senate''.
    (r) National Council on Disability Members, Including 
Chairperson.--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''.
    (s) National Foundation on the Arts and the Humanities; National 
Museum and Library Services Board; Members.--Section 207(b)(1)(D) of 
the Museum and Library Services Act (20 U.S.C. 9105a(b)(1)(D)) is 
amended by striking ``, by and with the advice and consent of the 
Senate''.
    (t) 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,''.
    (u) Office of Management and Budget; Controller, Office of Federal 
Financial Management.--Section 504(b) of title 31, United States Code, 
is amended by striking ``, by and with the advice and consent of the 
Senate,''.
    (v) 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 and Local 
                Affairs shall each be appointed by the President and 
                serve at the pleasure of the President.
                    ``(C) Deputy director for demand reduction.--In 
                appointing the Deputy Director for Demand Reduction 
                under this paragraph, the President shall take into 
                consideration the scientific, educational, or 
                professional background of the individual, and whether 
                the individual has experience in the fields of 
                substance abuse prevention, education, or treatment.''.
    (w) 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''.
    (x) Office of Science and Technology Policy; Associate Directors.--
Section 203 of the National Science and Technology Policy, 
Organization, and Priorities Act of 1976 (42 U.S.C. 6612) is amended in 
the second sentence by striking ``, by and with the advice and consent 
of the Senate,''.
    (y) United States Agency for International Development.--
            (1) Assistant administrator for legislative and public 
        affairs.--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 Legislative 
        and Public Affairs at the United States Agency for 
        International Development shall not be subject to the advice 
        and consent of the Senate.
            (2) 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 
        Agency for International Development shall not be subject to 
        the advice and consent of the Senate.
    (z) 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''.
    (aa) 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,''.
    (bb) 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,''.
    (cc) Governor and Alternate Governor of the African Development 
Bank.--
            (1) In general.--Section 1333(a) of the African Development 
        Bank Act (22 U.S.C. 290i-1(a)) is amended by striking ``, by 
        and with'' and all that follows through ``Bank'' and inserting 
        ``shall appoint a Governor and an Alternate Governor''.
            (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.''.
    (dd) 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 by striking ``, by and with'' and all that follows 
through the end period and inserting ``shall appoint--''
            ``(1) a Governor of the Bank and an alternate for the 
        Governor; and
            ``(2) by and with the advice and consent of the Senate, a 
        Director of the Bank.''.
    (ee) Governors and Alternate Governors of the International 
Monetary Fund and the International Bank for Reconstruction and 
Development.--Section 3 of the Bretton Woods Agreements Act (22 U.S.C. 
286a) is amended--
            (1) in subsection (a), by striking ``, by and with the 
        advice and consent of the Senate, shall appoint a governor of 
        the Fund who shall also serve as governor of the Bank, and an 
        executive director'' and inserting ``shall appoint a governor 
        of the Fund who shall also serve as governor of the Bank and, 
        by and with the advice and consent of the Senate, an executive 
        director''; and
            (2) in subsection (b), by striking ``, by and with the 
        advice and consent of the Senate,'' the first place it appears.
    (ff) 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 by striking ``, by and with the advice and 
consent of the Senate,''.
    (gg) 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''.
    (hh) 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''.
    (ii) 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''.
    (jj) Federal Coordinator for Alaska Natural Gas Transportation 
Projects.--Section 106(b)(1) of the Alaska Natural Gas Pipeline Act 
(division C of Public Law 108-324; 15 U.S.C. 720d(b)(1)) is amended by 
striking ``, by and with the advice and consent of the Senate,''.
    (kk) 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''.
    (ll) 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''.
    (mm) Chief Financial Officer Positions.--Section 901(a)(1) of title 
31, United States Code, is amended by striking subparagraphs (A) and 
(B) and inserting the following:
                    ``(A) be appointed by the President; or
                    ``(B) be designated by the President, in 
                consultation with the head of the agency, from among 
                officials of the agency who are required by law to be 
                appointed by the President, whether or not by and with 
                the advice and consent of the Senate;''.

SEC. 3. 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--
                                    (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 
                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. 4. EFFECTIVE DATE.

    The amendments made by this Act 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.
                                 <all>
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