II 

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. 

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’’. 

6 SEC. 2. PRESIDENTIAL APPOINTMENTS NOT SUBJECT TO 

7 SENATE APPROVAL. 

8 (a) AGRICULTURE.— 


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1 (1) ASSISTANT SECRETARY OF AGRICULTURE

2 FOR CONGRESSIONAL RELATIONS AND ASSISTANT

3 SECRETARY OF AGRICULTURE FOR ADMINISTRA4 TION.—Section 218(b) of the Department of Agri5 culture Reorganization Act of 1994 (7 U.S.C. 

6 6918(b)) is amended— 

7 (A) by striking ‘‘subsection (a)’’ and in8 serting ‘‘subsection (a)(3)’’; 

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

10 (C) by redesignating subsection (d) as sub11 section (c). 

12 (2) RURAL UTILITIES SERVICE ADMINIS13 TRATOR.—Section 232(b)(1) of the Department of 

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

15 6942(b)(1)) is amended— 

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

17 and consent of the Senate’’; 

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

19 (C) by redesignating paragraph (3) as 

20 paragraph (2). 

21 (3) COMMODITY CREDIT CORPORATION.—Sec22 tion 9(a) of the Commodity Credit Corporation 

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

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

25 and consent of the Senate’’. 


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1 (b) COMMERCE.— 

2 (1) ASSISTANT SECRETARY FOR LEGISLATIVE

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

4 Act to provide for the appointment of one additional 

5 Assistant Secretary of Commerce, and for other pur6 poses’’, approved July 15, 1947 (15 U.S.C. 1505), 

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

8 Justice, and Commerce and the United States Infor9 mation Agency Appropriation Act, 1955 (15 U.S.C. 

10 1506), and the Act entitled ‘‘An Act to authorize an 

11 additional Assistant Secretary of Commerce’’, ap12 proved February 16, 1962 (15 U.S.C. 1507), that 

13 require the advice and consent of the Senate shall 

14 not apply with respect to the appointment of the As15 sistant Secretary for Congressional Relations. 

16 (2) CHIEF SCIENTIST; NATIONAL OCEANIC AND

17 ATMOSPHERIC ADMINISTRATION.—Section 2(d) of 

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

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

20 and consent of the Senate,’’. 

21 (3) ASSISTANT SECRETARY FOR COMMUNICA22 TIONS AND INFORMATION.—Section 103(a)(2) of the 

23 National Telecommunications and Information Ad24 ministration Organization Act (47 U.S.C. 902(a)(2)) 


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

2 and consent of the Senate’’. 

3 (c) DEPARTMENT OF DEFENSE.— 

4 (1) ASSISTANT SECRETARIES OF DEFENSE FOR

5 LEGISLATIVE AFFAIRS, PUBLIC AFFAIRS, AND NET6 WORKS AND INFORMATION INTEGRATION.—Section 

7 138(a)(2) of title 10, United States Code, as amend8 ed by section 901(b)(4)(A) of the Ike Skelton Na9 tional Defense Authorization Act for Fiscal Year 

10 2011, is further amended to read as follows: 

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

12 Assistant Secretaries of Defense shall be appointed from 

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

14 consent of the Senate. 

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

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

17 for Public Affairs, and the Assistant Secretary of Defense 

18 for Networks and Information Integration shall each be 

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

20 (2) ASSISTANT SECRETARY OF THE ARMY FOR

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

22 title is amended— 

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

24 (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 00:41 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S679.IS 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 00:41 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S679.IS 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 

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1 cluding any nomination pending in the Senate on that 

2 date. 

Æ 


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