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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 679 Enrolled Bill (ENR)]

        S.679

                      One Hundred Twelfth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
            the third day of January, two thousand and twelve

                                 An Act

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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Presidential Appointment Efficiency 
and Streamlining Act of 2011''.
SEC. 2. PRESIDENTIAL APPOINTMENTS NOT SUBJECT TO SENATE APPROVAL.
    (a) Agriculture.--
        (1) Assistant secretary of agriculture for administration.--
    Section 218(b) of the Department of Agriculture Reorganization Act 
    of 1994 (7 U.S.C. 6918(b)) is amended--
            (A) by striking ``subsection (a)'' and inserting 
        ``paragraph (1) or (3) of subsection (a)'';
            (B) by striking subsection (c); and
            (C) by redesignating subsection (d) as subsection (c).
        (2) Rural utilities service administrator.--Section 232(b)(1) 
    of the Department of Agriculture Reorganization Act of 1994 (7 
    U.S.C. 6942(b)(1)) is amended--
            (A) by striking ``, by and with the advice and consent of 
        the Senate'';
            (B) by striking paragraph (2); and
            (C) by redesignating paragraph (3) as paragraph (2).
        (3) Commodity credit corporation.--Section 9(a) of the 
    Commodity Credit Corporation Charter Act (15 U.S.C. 714g(a)) is 
    amended in the third sentence by striking ``by and with the advice 
    and consent of the Senate''.
    (b) Commerce.--
        (1) Chief scientist; national oceanic and atmospheric 
    administration.--Section 2(d) of Reorganization Plan No. 4 of 1970 
    (5 U.S.C. App. 1) is amended by striking ``, by and with the advice 
    and consent of the Senate,''.
    (c) Department of Defense.--
        (1) Assistant secretaries of defense.--
            (A) In general.--Section 138(a)(1) of title 10, United 
        States Code, is amended by striking ``16'' and inserting 
        ``14''.
            (B) Administration of reduction.--The Assistant Secretary 
        of Defense positions eliminated in accordance with the 
        reduction in numbers required by the amendment made by 
        subparagraph (A) shall be--
                (i) the Assistant Secretary of Defense for Networks and 
            Information Integration; and
                (ii) the Assistant Secretary of Defense for Public 
            Affairs.
            (C) Continued service of incumbents.--Notwithstanding the 
        requirements of this paragraph, any individual serving in a 
        position described under subparagraph (B) on the date of the 
        enactment of this Act may continue to serve in such position 
        without regard to the limitation imposed by the amendment in 
        subparagraph (A).
            (D) Plan for successor positions.--Not later than 180 days 
        after the date of the enactment of this Act, the Secretary of 
        Defense shall report to the congressional defense committees on 
        his plan for successor positions, not subject to Senate 
        confirmation, for the positions eliminated in accordance with 
        the requirements of this paragraph.
        (2) Members of national security education board.--Section 
    803(b)(7) of the David L. Boren National Security Education Act of 
    1991 (50 U.S.C. 1903(b)(7)) is amended by striking ``by and with 
    the advice and consent of the Senate,''.
        (3) Director of selective service.--Section 10(a)(3) of the 
    Selective Service Act of 1948 (50 U.S.C. App. 460(a)(3)) is amended 
    by striking ``, by and with the advice and consent of the Senate''.
    (d) Department of Education.--
        (1) Assistant secretary for management.--Section 202(e) of the 
    Department of Education Organization Act (20 U.S.C. 3412(e)) is 
    amended by inserting after the first sentence the following: 
    ``Notwithstanding the previous sentence, the appointments of 
    individuals to serve as the Assistant Secretary for Management 
    shall not be subject to the advice and consent of the Senate.''.
        (2) Commissioner, education statistics.--Section 117(b) of the 
    Education Sciences Reform Act of 2002 (20 U.S.C. 9517(b)) is 
    amended by striking ``, by and with the advice and consent of the 
    Senate,''.
    (e) Department of Health and Human Services.--
        (1) Assistant secretary for public affairs.--Notwithstanding 
    any other provision of law, the appointment of an individual to 
    serve as the Assistant Secretary for Public Affairs within the 
    Department of Health and Human Services shall not be subject to the 
    advice and consent of the Senate.
    (f) Department of Homeland Security.--
        (1) Director of the office for domestic preparedness; assistant 
    administrator of the federal emergency management agency, grant 
    programs.--Section 430(b) of the Homeland Security Act of 2002 (6 
    U.S.C. 238(b)) is amended by striking ``, by and with the advice 
    and consent of the Senate''.
        (2) Administrator of the united states fire administration.--
    Section 5(b) of the Federal Fire Prevention and Control Act of 1974 
    (15 U.S.C. 2204(b)) is amended by striking ``, by and with the 
    advice and consent of the Senate,''.
        (3) Director of the office of counternarcotics enforcement.--
    Section 878(a) of the Homeland Security Act of 2002 (6 U.S.C. 
    458(a)) is amended by striking ``, by and with the advice and 
    consent of the Senate''.
        (4) Chief medical officer.--Section 516(a) of the Homeland 
    Security Act of 2002 (6 U.S.C. 321e(a)) is amended by striking ``, 
    by and with the advice and consent of the Senate''.
        (5) Assistant secretaries.--Section 103(a) of the Homeland 
    Security Act of 2002 (6 U.S.C. 113(a) is amended--
            (A) by striking ``There'' and inserting ``(1) In general.--
        Except as provided under paragraph (2), there'';
            (B) by redesignating paragraphs (1) through (10) as 
        subparagraphs (A) through (J), respectively; and
            (C) by adding at the end the following:
        ``(2) Assistant secretaries.--If any of the Assistant 
    Secretaries referred to under paragraph (1)(I) is designated to be 
    the Assistant Secretary for Health Affairs, the Assistant Secretary 
    for Legislative Affairs, or the Assistant Secretary for Public 
    Affairs, that Assistant Secretary shall be appointed by the 
    President without the advice and consent of the Senate.''.
    (g) Housing and Urban Development; Assistant Secretary for Public 
Affairs.--Section 4(a) of the Department of Housing and Urban 
Development Act (42 U.S.C. 3533(a)) is amended--
        (1) by inserting ``(1)'' after ``(a)'';
        (2) by striking ``eight'' and inserting ``7''; and
        (3) by adding at the end the following:
    ``(2) There shall be in the Department an Assistant Secretary for 
Public Affairs, who shall be appointed by the President and shall 
perform such functions, powers, and duties as the Secretary shall 
prescribe from time to time.''.
    (h) Department of Justice.--
        (1) Director, bureau of justice statistics.--Section 302(b) of 
    title I of the Omnibus Crime Control and Safe Streets Act of 1968 
    (42 U.S.C. 3732(b)) is amended by striking ``, by and with the 
    advice and consent of the Senate''.
        (2) Director, bureau of justice assistance.--Section 401(b) of 
    title I of the Omnibus Crime Control and Safe Streets Act of 1968 
    (42 U.S.C. 3741(b)) is amended by striking ``, by and with the 
    advice and consent of the Senate''.
        (3) Director, national institute of justice.--Section 202(b) of 
    title I of the Omnibus Crime Control and Safe Streets Act of 1968 
    (42 U.S.C. 3722(b)) is amended by striking ``, by and with the 
    advice and consent of the Senate''.
        (4) Administrator, office of juvenile justice and delinquency 
    prevention.--Section 201(b) of the Juvenile Justice and Delinquency 
    Prevention Act of 1974 (42 U.S.C. 5611(b)) is amended by striking 
    ``, by and with the advice and consent of the Senate,''.
        (5) Director, office for victims of crime.--Section 1411(b) of 
    the Victims of Crime Act of 1984 (42 U.S.C. 10605(b)) is amended by 
    striking ``, by and with the advice and consent of the Senate''.
    (i) Department of Labor.--
        (1) Assistant secretaries for administration and management and 
    public affairs.--Notwithstanding section 2 of the Act of April 17, 
    1946 (29 U.S.C. 553), the appointment of individuals to serve as 
    the Assistant Secretary for Administration and Management and the 
    Assistant Secretary for Public Affairs within the Department of 
    Labor, shall not be subject to the advice and consent of the 
    Senate.
        (2) Director of the women's bureau.--Section 2 of the Act of 
    June 5, 1920 (29 U.S.C. 12) is amended by striking ``, by and with 
    the advice and consent of the Senate''.
    (j) Department of State; Assistant Secretary for Public Affairs and 
Assistant Secretary for Administration.--Section 1(c)(1) of the State 
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(1)) is 
amended--
        (1) by striking ``, each of whom shall be appointed by the 
    President, by and with the advice and consent of the Senate, and''; 
    and
        (2) by adding at the end the following: ``Each Assistant 
    Secretary of State shall be appointed by the President, by and with 
    the advice and consent of the Senate, except that the appointments 
    of the Assistant Secretary for Public Affairs and the Assistant 
    Secretary for Administration shall not be subject to the advice and 
    consent of the Senate.''.
    (k) Department of Transportation.--
        (1) Assistant secretaries.--Section 102(e) of title 49, United 
    States Code, is amended--
            (A) by striking ``(e) The Department'' and all that follows 
        through ``An Assistant Secretary'' and inserting the following:
    ``(e) Assistant Secretaries; General Counsel.--
        ``(1) Appointment.--The Department has 5 Assistant Secretaries 
    and a General Counsel, including--
            ``(A) an Assistant Secretary for Aviation and International 
        Affairs, an Assistant Secretary for Governmental Affairs, and 
        an Assistant Secretary for Transportation Policy, who shall 
        each be appointed by the President, with the advice and consent 
        of the Senate;
            ``(B) an Assistant Secretary for Budget and Programs who 
        shall be appointed by the President;
            ``(C) an Assistant Secretary for Administration, who shall 
        be appointed by the Secretary, with the approval of the 
        President; and
            ``(D) a General Counsel, who shall be appointed by the 
        President, with the advice and consent of the Senate.
        ``(2) Duties and powers.--The officers set forth in paragraph 
    (1) shall carry out duties and powers prescribed by the Secretary. 
    An Assistant Secretary''.
        (2) Deputy administrator, federal aviation administration.--
    Section 106 of title 49, United States Code, is amended--
            (A) in subsection (b), by striking ``. The Administration 
        has a Deputy Administrator. They are appointed'' and inserting 
        ``, who shall be appointed''; and
            (B) in subsection (d)(1), by striking ``The Deputy 
        Administrator must'' and inserting ``The Administration has a 
        Deputy Administrator, who shall be appointed by the President. 
        In making an appointment, the President shall consider the 
        fitness of the appointee to efficiently carry out the duties 
        and powers of the office. The Deputy Administrator shall''.
    (l) Department of the Treasury.--
        (1) Assistant secretaries for public affairs and management.--
    Section 301(e) of title 31, United States Code, is amended--
            (A) by striking ``10 Assistant Secretaries'' and inserting 
        ``8 Assistant Secretaries''; and
            (B) by inserting ``The Department shall have 2 Assistant 
        Secretaries not subject to the advice and consent of the Senate 
        who shall be the Assistant Secretary for Public Affairs, and 
        the Assistant Secretary for Management.'' after the first 
        sentence.
        (2) Treasurer of the united states.--Section 301(d) of title 
    31, United States Code, is amended--
            (A) by striking ``2 Deputy Under Secretaries, and a 
        Treasurer of the United States'' and inserting ``and 2 Deputy 
        Under Secretaries'', and
            (B) by inserting ``and a Treasurer of the United States 
        appointed by the President'' after ``Fiscal Assistant Secretary 
        appointed by the Secretary''.
    (m) Department of Veterans Affairs.--Section 308(a) of title 38, 
United States Code, is amended--
        (1) by striking ``There shall'' and inserting ``(1) There 
    shall'';
        (2) in paragraph (1), as designated by paragraph (1) of this 
    subsection, by striking ``Each Assistant'' and all that follows 
    through the period at the end; and
        (3) by adding at the end the following new paragraphs:
    ``(2) Except as provided in paragraph (3), each Assistant Secretary 
appointed under paragraph (1) shall be appointed by the President, by 
and with the advice and consent of the Senate.
    ``(3) The following Assistant Secretaries may be appointed without 
the advice and consent of the Senate:
        ``(A) The Assistant Secretary for Management.
        ``(B) The Assistant Secretary for Human Resources and 
    Administration.
        ``(C) The Assistant Secretary for Public and Intergovernmental 
    Affairs.
        ``(D) The Assistant Secretary for Operations, Security, and 
    Preparedness.''.
    (n) Appalachian Regional Commission; Alternate Federal Co-
Chairman.--Section 14301(b)(2) of title 40, United States Code, is 
amended by striking ``by and with the advice and consent of the 
Senate''.
    (o) Council of Economic Advisers, Members.--Section 10 of the 
Employment Act of 1946 (15 U.S.C. 1023) is amended by striking 
subsection (a) and inserting the following:
    ``(a) Creation; Composition; Qualifications; Chairman and Vice 
Chairman.--
        ``(1) Creation.--There is created in the Executive Office of 
    the President a Council of Economic Advisers (hereinafter called 
    the `Council').
        ``(2) Composition.--The Council shall be composed of three 
    members, of whom--
            ``(A) 1 shall be the chairman who shall be appointed by the 
        President by and with the advice and consent of the Senate; and
            ``(B) 2 shall be appointed by the President.
        ``(3) Qualifications.--Each member shall be a person who, as a 
    result of training, experience, and attainments, is exceptionally 
    qualified to analyze and interpret economic developments, to 
    appraise programs and activities of the Government in the light of 
    the policy declared in section 2, and to formulate and recommend 
    national economic policy to promote full employment, production, 
    and purchasing power under free competitive enterprise.
        ``(4) Vice chairman.--The President shall designate 1 of the 
    members of the Council as vice chairman, who shall act as chairman 
    in the absence of the chairman.''.
    (p) Corporation for National and Community Service; Managing 
Director.--Section 194(a)(1) of the National and Community Service Act 
of 1990 (42 U.S.C. 12651e(a)(1)) is amended by striking ``, by and with 
the advice and consent of the Senate''.
    (q) National Council on Disability Members.--Section 400(a)(1)(A) 
of the Rehabilitation Act of 1973 (29 U.S.C. 780(a)(1)(A)) is amended 
by striking ``, by and with the advice and consent of the Senate''.
    (r) National Foundation on the Arts and the Humanities; National 
Museum and Library Services Board; Members.--Section 207(b)(1) of the 
Museum and Library Services Act (20 U.S.C. 9105a(b)(1)) is amended--
        (1) in subparagraph (D), by striking ``, by and with the advice 
    and consent of the Senate''; and
        (2) in subparagraph (E), by striking ``, by and with the advice 
    and consent of the Senate''.
    (s) National Science Foundation; Board Members.--Section 4(a) of 
the National Science Foundation Act of 1950 (42 U.S.C. 1863(a)) is 
amended by striking ``, by and with the advice and consent of the 
Senate,''.
    (t) Office of National Drug Control Policy; Deputy Directors.--
Section 704(a)(1) of the Office of National Drug Control Policy 
Reauthorization Act of 1998 (21 U.S.C. 1703(a)(1)) is amended to read 
as follows:
        ``(1) In general.--
            ``(A) Director.--The Director shall be appointed by the 
        President, by and with the advice and consent of the Senate, 
        and shall serve at the pleasure of the President.
            ``(B) Deputy directors.--The Deputy Director of National 
        Drug Control Policy, Deputy Director for Demand Reduction, the 
        Deputy Director for Supply Reduction, and the Deputy Director 
        for State, Local, and Tribal Affairs shall each be appointed by 
        the President and serve at the pleasure of the President.
            ``(C) Deputy director for demand reduction.--In appointing 
        the Deputy Director for Demand Reduction under this paragraph, 
        the President shall take into consideration the scientific, 
        educational, or professional background of the individual, and 
        whether the individual has experience in the fields of 
        substance abuse prevention, education, or treatment.''.
    (u) Office of Navajo and Hopi Relocation; Commissioner.--Section 
12(b)(1) of Public Law 93-531 (25 U.S.C. 640d-11(b)(1)) is amended by 
striking ``by and with the advice and consent of the Senate''.
    (v) United States Agency for International Development.--
        (1) Assistant administrator for management.--Notwithstanding 
    section 624(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
    2384(a)), the appointment by the President of the Assistant 
    Administrator for Management at the United States Agency for 
    International Development shall not be subject to the advice and 
    consent of the Senate.
    (w) Community Development Financial Institution Fund; 
Administrator.--Section 104(b)(1) of the Community Development Banking 
and Financial Institutions Act of 1994 (12 U.S.C. 4703(b)(1)) is 
amended by striking ``, by and with the advice and consent of the 
Senate''.
    (x) Department of Transportation; St. Lawrence Seaway Development 
Corporation; Administrator.--Subsection (a) of section 2 of the Act of 
May 13, 1954, referred to as the Saint Lawrence Seaway Act (33 U.S.C. 
982(a)) is amended by striking ``, by and with the advice and consent 
of the Senate, for a term of seven years''.
    (y) Mississippi River Commission; Commissioner.--Section 2 of the 
Act of June 28, 1879 (33 U.S.C. 642), is amended in the first sentence 
by striking ``, by and with the advice and consent of the Senate,''.
    (z) Governor and Alternate Governor of the African Development 
Bank.--
        (1) In general.--Section 1333 of the African Development Bank 
    Act (22 U.S.C. 290i-1) is amended--
            (A) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively; and
            (B) by striking ``(a) The President'' and all that follows 
        through ``The term of office'' and inserting the following:
    ``(a) The President shall appoint a Governor and an Alternate 
Governor of the Bank--
        ``(1) by and with the advice and consent of the Senate; or
        ``(2) from among individuals serving as officials required by 
    law to be appointed by and with the advice and consent of the 
    Senate.
    ``(b) The term of office''.
        (2) Conforming amendments.--Section 1334 of such Act (22 U.S.C. 
    290i-2) is amended--
            (A) by striking ``The Director or Alternate Director'' and 
        inserting the following:
    ``(b) The Director or Alternate Director''; and
            (B) by inserting before subsection (b), as redesignated, 
        the following:
    ``(a) The President, by and with the advice and consent of the 
Senate, shall appoint a Director of the Bank.''.
    (aa) Governor and Alternate Governor of the Asian Development 
Bank.--Section 3(a) of the Asian Development Bank Act (22 U.S.C. 
285a(a)) is amended to read as follows:
    ``(a) The President shall appoint--
        ``(1) a Governor of the Bank and an alternate for the 
    Governor--
            ``(A) by and with the advice and consent of the Senate; or
            ``(B) from among individuals serving as officials required 
        by law to be appointed by and with the advice and consent of 
        the Senate; and
        ``(2) a Director of the Bank, by and with the advice and 
    consent of the Senate.''.
    (bb) Governor and Alternate Governor of the African Development 
Fund.--Section 203(a) of the African Development Fund Act (22 U.S.C. 
290g-1(a)) is amended to read as follows:
    ``(a) The President shall appoint a Governor, and an Alternate 
Governor, of the Fund--
        ``(1) by and with the advice and consent of the Senate; or
        ``(2) from among individuals serving as officials required by 
    law to be appointed by and with the advice and consent of the 
    Senate.''.
    (cc) National Board for Education Sciences; Members.--Section 
116(c)(1) of the Education Sciences Reform Act of 2002 (20 U.S.C. 
9516(c)(1)) is amended by striking ``, by and with the advice and 
consent of the Senate''.
    (dd) National Institute for Literacy Advisory Board; Members.--
Section 242(e)(1)(A) of the Adult Education and Family Literacy Act (20 
U.S.C. 9252(e)(1)(A)) is amended by striking ``with the advice and 
consent of the Senate''.
    (ee) Institute of American Indian and Alaska Native Culture and 
Arts Development; Member, Board of Trustees.--Section 1505 of the 
American Indian, Alaska Native, and Native Hawaiian Culture and Art 
Development Act (20 U.S.C. 4412(a)(1)(A)) is amended by striking ``by 
and with the advice and consent of the Senate''.
    (ff) Public Health Service Commissioned Officer Corps.--
        (1) Appointment.--Section 203(a)(3) of the Public Health 
    Service Act (42 U.S.C. 204(a)(3)) is amended by striking ``with the 
    advice and consent of the Senate''.
        (2) Promotions.--Section 210(a) of the Public Health Service 
    Act (42 U.S.C. 211(a)) is amended by striking ``, by and with the 
    advice and consent of the Senate''.
    (gg) National Oceanic and Atmospheric Administration Commissioned 
Officer Corps.--
        (1) Appointments and promotions to permanent grades.--Section 
    226 of the National Oceanic and Atmospheric Administration 
    Commissioned Officer Corps Act of 2002 (33 U.S.C. 3026) is amended 
    by striking ``, by and with the advice and consent of the Senate''.
        (2) Positions of importance and responsibility.--Section 
    228(d)(1) of such Act (33 U.S.C. 3028(d)(1)) is amended by striking 
    ``, by and with the advice and consent of the Senate''.
        (3) Temporary appointments and promotions generally.--Section 
    229 of such Act (33 U.S.C. 3029) is amended--
            (A) by striking ``alone'' each place it appears; and
            (B) in subsection (a), in the second sentence, by striking 
        ``unless the Senate sooner gives its advice and consent to the 
        appointment''.
    (hh) Rule of Construction.--Notwithstanding section 3132(a)(2) of 
title 5, United States Code, removal of Senate confirmation for any 
position in this section shall not--
        (1) result in any such position being placed in the Senior 
    Executive Service; or
        (2) alter compensation for any such position under the 
    Executive Schedule or other applicable compensation provisions of 
    law.
SEC. 3. APPOINTMENT OF THE DIRECTOR OF THE CENSUS.
    (a) In General.--Section 21 of the title 13, United States Code, is 
amended to read as follows:
``Sec. 21. Director of the Census; duties
    ``(a) Appointment.--
        ``(1) In general.--The Bureau shall be headed by a Director of 
    the Census, appointed by the President, by and with the advice and 
    consent of the Senate, without regard to political affiliation.
        ``(2) Qualifications.--Such appointment shall be made from 
    individuals who have a demonstrated ability in managing large 
    organizations and experience in the collection, analysis, and use 
    of statistical data.
    ``(b) Term of Office.--
        ``(1) In general.--The term of office of the Director shall be 
    5 years, and shall begin on January 1, 2012, and every fifth year 
    thereafter. An individual may not serve more than 2 full terms as 
    Director.
        ``(2) Vacancies.--Any individual appointed to fill a vacancy in 
    such position, occurring before the expiration of the term for 
    which such individual's predecessor was appointed, shall be 
    appointed for the remainder of that term. The Director may serve 
    after the end of the Director's term until reappointed or until a 
    successor has been appointed, but in no event longer than 1 year 
    after the end of such term.
        ``(3) Removal.--An individual serving as Director may be 
    removed from office by the President. The President shall 
    communicate in writing the reasons for any such removal to both 
    Houses of Congress not later than 60 days before the removal.
        ``(4) Personnel actions.--Except as provided under paragraph 
    (3), nothing in this subsection shall prohibit a personnel action 
    otherwise authorized by law with respect to the Director of the 
    Census, other than removal.
    ``(c) Duties.--The Director shall perform such duties as may be 
imposed upon the Director by law, regulations, or orders of the 
Secretary.''.
    (b) Transition Rules.--
        (1) Appointment of initial director.--The initial Director of 
    the Bureau of the Census shall be appointed in accordance with the 
    provisions of section 21(a) of title 13, United States Code, as 
    amended by subsection (a).
        (2) Interim role of current director of the census after date 
    of enactment.--If, as of January 1, 2012, the initial Director of 
    the Bureau of the Census has not taken office, the officer serving 
    on December 31, 2011, as Director of the Census (or Acting Director 
    of the Census, if applicable) in the Department of Commerce--
            (A) shall serve as the Director of the Bureau of the 
        Census; and
            (B) shall assume the powers and duties of such Director for 
        one term beginning January 1, 2012, as described in section 
        21(b) of such title, as so amended.
    (c) Technical and Conforming Amendments.--Not later than January 1, 
2012, the Secretary of Commerce, in consultation with the Director of 
the Census, shall submit to each House of the Congress draft 
legislation containing any technical and conforming amendments to title 
13, United States Code, and any other provisions which may be necessary 
to carry out the purposes of this section.
SEC. 4. WORKING GROUP ON STREAMLINING PAPERWORK FOR EXECUTIVE 
NOMINATIONS.
    (a) Establishment.--There is established the Working Group on 
Streamlining Paperwork for Executive Nominations (in this section 
referred to as the ``Working Group'').
    (b) Membership.--
        (1) Composition.--The Working Group shall be composed of--
            (A) the chairperson who shall be--
                (i) except as provided under clause (ii), the Director 
            of the Office of Presidential Personnel; or
                (ii) a Federal officer designated by the President;
            (B) representatives designated by the President from--
                (i) the Office of Personnel Management;
                (ii) the Office of Government Ethics; and
                (iii) the Federal Bureau of Investigation; and
            (C) individuals appointed by the chairperson of the Working 
        Group who have experience and expertise relating to the Working 
        Group, including--
                (i) individuals from other relevant Federal agencies; 
            and
                (ii) individuals with relevant experience from previous 
            presidential administrations.
    (c) Streamlining of Paperwork Required for Executive Nominations.--
        (1) In general.--Not later than 90 days after the date of 
    enactment of this Act, the Working Group shall conduct a study and 
    submit a report on the streamlining of paperwork required for 
    executive nominations to--
            (A) the President;
            (B) the Committee on Homeland Security and Governmental 
        Affairs of the Senate; and
            (C) the Committee on Rules and Administration of the 
        Senate.
        (2) Consultation with committees of the senate.--In conducting 
    the study under this section, the Working Group shall consult with 
    the chairperson and ranking member of the committees referred to 
    under paragraph (1) (B) and (C).
        (3) Contents.--
            (A) In general.--The report submitted under this section 
        shall include--
                (i) recommendations for the streamlining of paperwork 
            required for executive nominations; and
                (ii) a detailed plan for the creation and 
            implementation of an electronic system for collecting and 
            distributing background information from potential and 
            actual Presidential nominees for positions which require 
            appointment by and with the advice and consent of the 
            Senate.
            (B) Electronic system.--The electronic system described 
        under subparagraph (A)(ii) shall--
                (i) provide for--

                    (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. 5. REPORT ON PRESIDENTIALLY APPOINTED POSITIONS.
    (a) Definitions.--In this section--
        (1) the term ``agency'' means an Executive agency defined under 
    section 105 of title 5, United States Code; and
        (2) the term ``covered position'' means a position in an agency 
    that requires appointment by the President without the advice and 
    consent of the Senate.
    (b) In General.--Not later than 180 days after the date of 
enactment of this Act, the Government Accountability Office shall 
conduct a study and submit a report on covered positions to Congress 
and the President.
    (c) Contents.--The report submitted under this section shall 
include--
        (1) a determination of the number of covered positions in each 
    agency;
        (2) an evaluation of whether maintaining the total number of 
    covered positions is necessary;
        (3) an evaluation of the benefits and disadvantages of--
            (A) eliminating certain covered positions;
            (B) converting certain covered positions to career 
        positions or positions in the Senior Executive Service that are 
        not career reserved positions; and
            (C) converting any categories of covered positions to 
        career positions;
        (4) the identification of--
            (A) covered positions described under paragraph (3)(A) and 
        (B); and
            (B) categories of covered positions described under 
        paragraph (3)(C); and
        (5) any other recommendations relating to covered positions.
SEC. 6. EFFECTIVE DATE.
    (a) Presidential Appointments Not Subject to Senate Approval.--The 
amendments made by section 2 shall take effect 60 days after the date 
of enactment of this Act and apply to appointments made on and after 
that effective date, including any nomination pending in the Senate on 
that date.
    (b) Director of the Census and Working Group.--The provisions of 
sections 3 and 4 (including any amendments made by those sections) 
shall take effect on the date of enactment of this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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