112TH CONGRESS 

1ST SESSION S. 679 

AN ACT 

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, 
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1 SECTION 1. SHORT TITLE. 

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

4 SEC. 2. PRESIDENTIAL APPOINTMENTS NOT SUBJECT TO 

5 SENATE APPROVAL. 

6 (a) AGRICULTURE.— 

7 (1) ASSISTANT SECRETARY OF AGRICULTURE

8 FOR ADMINISTRATION.—Section 218(b) of the De9 partment of Agriculture Reorganization Act of 1994 

10 (7 U.S.C. 6918(b)) is amended— 

11 (A) by striking ‘‘subsection (a)’’ and in12 serting ‘‘paragraph (1) or (3) of subsection 

13 (a)’’; 

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

15 (C) by redesignating subsection (d) as sub16 section (c). 

17 (2) RURAL UTILITIES SERVICE ADMINIS18 TRATOR.—Section 232(b)(1) of the Department of 

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

20 6942(b)(1)) is amended— 

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

22 and consent of the Senate’’; 

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

24 (C) by redesignating paragraph (3) as 

25 paragraph (2). 
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1 (3) COMMODITY CREDIT CORPORATION.—Sec2 tion 9(a) of the Commodity Credit Corporation 

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

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

5 and consent of the Senate’’. 

6 (b) COMMERCE.— 

7 (1) CHIEF SCIENTIST; NATIONAL OCEANIC AND

8 ATMOSPHERIC ADMINISTRATION.—Section 2(d) of 

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

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

11 and consent of the Senate,’’. 

12 (c) DEPARTMENT OF DEFENSE.— 

13 (1) ASSISTANT SECRETARIES OF DEFENSE.— 

14 (A) IN GENERAL.—Section 138(a)(1) of 

15 title 10, United States Code, is amended by 

16 striking ‘‘16’’ and inserting ‘‘14’’. 

17 (B) ADMINISTRATION OF REDUCTION.— 

18 The Assistant Secretary of Defense positions 

19 eliminated in accordance with the reduction in 

20 numbers required by the amendment made by 

21 subparagraph (A) shall be— 

22 (i) the Assistant Secretary of Defense 

23 for Networks and Information Integration; 

24 and 
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1 (ii) the Assistant Secretary of Defense 

2 for Public Affairs. 

3 (C) CONTINUED SERVICE OF INCUM4 BENTS.—Notwithstanding the requirements of 

5 this paragraph, any individual serving in a posi6 tion described under subparagraph (B) on the 

7 date of the enactment of this Act may continue 

8 to serve in such position without regard to the 

9 limitation imposed by the amendment in sub10 paragraph (A). 

11 (D) PLAN FOR SUCCESSOR POSITIONS.— 

12 Not later than 180 days after the date of the 

13 enactment of this Act, the Secretary of Defense 

14 shall report to the congressional defense com15 mittees on his plan for successor positions, not 

16 subject to Senate confirmation, for the positions 

17 eliminated in accordance with the requirements 

18 of this paragraph. 

19 (2) MEMBERS OF NATIONAL SECURITY EDU20 CATION BOARD.—Section 803(b)(7) of the David L. 

21 Boren National Security Education Act of 1991 (50 

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

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

24 (3) DIRECTOR OF SELECTIVE SERVICE.—Sec25 tion 10(a)(3) of the Selective Service Act of 1948 
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1 (50 U.S.C. App. 460(a)(3)) is amended by striking 

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

4 (d) DEPARTMENT OF EDUCATION.— 

5 (1) ASSISTANT SECRETARY FOR MANAGE6 MENT.—Section 202(e) of the Department of Edu7 cation Organization Act (20 U.S.C. 3412(e)) is 

8 amended by inserting after the first sentence the fol9 lowing: ‘‘Notwithstanding the previous sentence, the 

10 appointments of individuals to serve as the Assistant 

11 Secretary for Management shall not be subject to 

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

13 (2) COMMISSIONER, EDUCATION STATISTICS.— 

14 Section 117(b) of the Education Sciences Reform 

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

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

17 Senate,’’. 

18 (e) DEPARTMENT OF HEALTH AND HUMAN SERV19 ICES.— 

20 (1) ASSISTANT SECRETARY FOR PUBLIC AF21 FAIRS.—Notwithstanding any other provision of law, 

22 the appointment of an individual to serve as the As23 sistant Secretary for Public Affairs within the De24 partment of Health and Human Services shall not 

25 be subject to the advice and consent of the Senate. 
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1 (f) DEPARTMENT OF HOMELAND SECURITY.— 

2 (1) DIRECTOR OF THE OFFICE FOR DOMESTIC

3 PREPAREDNESS; ASSISTANT ADMINISTRATOR OF THE

4 FEDERAL EMERGENCY MANAGEMENT AGENCY, 

5 GRANT PROGRAMS.—Section 430(b) of the Home6 land Security Act of 2002 (6 U.S.C. 238(b)) is 

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

8 consent of the Senate’’. 

9 (2) ADMINISTRATOR OF THE UNITED STATES

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

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

12 2204(b)) is amended by striking ‘‘, by and with the 

13 advice and consent of the Senate,’’. 

14 (3) DIRECTOR OF THE OFFICE OF COUNTER15 NARCOTICS ENFORCEMENT.—Section 878(a) of the 

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

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

18 and consent of the Senate’’. 

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

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

21 321e(a)) is amended by striking ‘‘, by and with the 

22 advice and consent of the Senate’’. 

23 (5) ASSISTANT SECRETARIES.—Section 103(a) 

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

25 113(a) is amended— 
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1 (A) by striking ‘‘There’’ and inserting ‘‘(1) 

2 IN GENERAL.—Except as provided under para3 graph (2), there’’; 

4 (B) by redesignating paragraphs (1) 

5 through (10) as subparagraphs (A) through 

6 (J), respectively; and 

7 (C) by adding at the end the following: 

8 ‘‘(2) ASSISTANT SECRETARIES.—If any of the 

9 Assistant Secretaries referred to under paragraph 

10 (1)(I) is designated to be the Assistant Secretary for 

11 Health Affairs, the Assistant Secretary for Legisla12 tive Affairs, or the Assistant Secretary for Public 

13 Affairs, that Assistant Secretary shall be appointed 

14 by the President without the advice and consent of 

15 the Senate.’’. 

16 (g) HOUSING AND URBAN DEVELOPMENT; ASSIST17 ANT SECRETARY FOR PUBLIC AFFAIRS.—Section 4(a) of 

18 the Department of Housing and Urban Development Act 

19 (42 U.S.C. 3533(a)) is amended— 

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

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

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

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

24 Secretary for Public Affairs, who shall be appointed by 

25 the President and shall perform such functions, powers, 
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1 and duties as the Secretary shall prescribe from time to 

2 time.’’. 

3 (h) DEPARTMENT OF JUSTICE.— 

4 (1) DIRECTOR, BUREAU OF JUSTICE STATIS5 TICS.—Section 302(b) of title I of the Omnibus 

6 Crime Control and Safe Streets Act of 1968 (42 

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

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

9 (2) DIRECTOR, BUREAU OF JUSTICE ASSIST10 ANCE.—Section 401(b) of title I of the Omnibus 

11 Crime Control and Safe Streets Act of 1968 (42 

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

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

14 (3) DIRECTOR, NATIONAL INSTITUTE OF JUS15 TICE.—Section 202(b) of title I of the Omnibus 

16 Crime Control and Safe Streets Act of 1968 (42 

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

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

19 (4) ADMINISTRATOR, OFFICE OF JUVENILE

20 JUSTICE AND DELINQUENCY PREVENTION.—Section 

21 201(b) of the Juvenile Justice and Delinquency Pre22 vention Act of 1974 (42 U.S.C. 5611(b)) is amended 

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

24 the Senate,’’. 
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1 (5) DIRECTOR, OFFICE FOR VICTIMS OF

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

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

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

5 Senate’’. 

6 (i) DEPARTMENT OF LABOR.— 

7 (1) ASSISTANT SECRETARIES FOR ADMINISTRA8 TION AND MANAGEMENT AND PUBLIC AFFAIRS.— 

9 Notwithstanding section 2 of the Act of April 17, 

10 1946 (29 U.S.C. 553), the appointment of individ11 uals to serve as the Assistant Secretary for Adminis12 tration and Management and the Assistant Sec13 retary for Public Affairs within the Department of 

14 Labor, shall not be subject to the advice and consent 

15 of the Senate. 

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

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

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

19 and consent of the Senate’’. 

20 (j) DEPARTMENT OF STATE; ASSISTANT SECRETARY

21 FOR PUBLIC AFFAIRS AND ASSISTANT SECRETARY FOR

22 ADMINISTRATION.—Section 1(c)(1) of the State Depart23 ment Basic Authorities Act of 1956 (22 U.S.C. 

24 2651a(c)(1)) is amended— 
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1 (1) by striking ‘‘, each of whom shall be ap2 pointed by the President, by and with the advice and 

3 consent of the Senate, and’’; and 

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

5 Assistant Secretary of State shall be appointed by 

6 the President, by and with the advice and consent 

7 of the Senate, except that the appointments of the 

8 Assistant Secretary for Public Affairs and the As9 sistant Secretary for Administration shall not be 

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

11 (k) DEPARTMENT OF TRANSPORTATION.— 

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

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

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

15 and all that follows through ‘‘An Assistant Sec16 retary’’ and inserting the following: 

17 ‘‘(e) ASSISTANT SECRETARIES; GENERAL COUN18 SEL.— 

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

20 Assistant Secretaries and a General Counsel, includ21 ing— 

22 ‘‘(A) an Assistant Secretary for Aviation 

23 and International Affairs, an Assistant Sec24 retary for Governmental Affairs, and an Assist25 ant Secretary for Transportation Policy, who 
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1 shall each be appointed by the President, with 

2 the advice and consent of the Senate; 

3 ‘‘(B) an Assistant Secretary for Budget 

4 and Programs who shall be appointed by the 

5 President; 

6 ‘‘(C) an Assistant Secretary for Adminis7 tration, who shall be appointed by the Sec8 retary, with the approval of the President; and 

9 ‘‘(D) a General Counsel, who shall be ap10 pointed by the President, with the advice and 

11 consent of the Senate. 

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

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

14 powers prescribed by the Secretary. An Assistant 

15 Secretary’’. 

16 (2) DEPUTY ADMINISTRATOR, FEDERAL AVIA17 TION ADMINISTRATION.—Section 106 of title 49, 

18 United States Code, is amended— 

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

20 Administration has a Deputy Administrator. 

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

22 be appointed’’; and 

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

24 Deputy Administrator must’’ and inserting 

25 ‘‘The Administration has a Deputy Adminis-
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1 trator, who shall be appointed by the President. 

2 In making an appointment, the President shall 

3 consider the fitness of the appointee to effi4 ciently carry out the duties and powers of the 

5 office. The Deputy Administrator shall’’. 

6 (l) DEPARTMENT OF THE TREASURY.— 

7 (1) ASSISTANT SECRETARIES FOR PUBLIC AF8 FAIRS AND MANAGEMENT.—Section 301(e) of title 

9 31, United States Code, is amended— 

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

11 and inserting ‘‘8 Assistant Secretaries’’; and 

12 (B) by inserting ‘‘The Department shall 

13 have 2 Assistant Secretaries not subject to the 

14 advice and consent of the Senate who shall be 

15 the Assistant Secretary for Public Affairs, and 

16 the Assistant Secretary for Management.’’ after 

17 the first sentence. 

18 (2) TREASURER OF THE UNITED STATES.—Sec19 tion 301(d) of title 31, United States Code, is 

20 amended— 

21 (A) by striking ‘‘2 Deputy Under Secre22 taries, and a Treasurer of the United States’’ 

23 and inserting ‘‘and 2 Deputy Under Secre24 taries’’, and 
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1 (B) by inserting ‘‘and a Treasurer of the 

2 United States appointed by the President’’ after 

3 ‘‘Fiscal Assistant Secretary appointed by the 

4 Secretary’’. 

5 (m) DEPARTMENT OF VETERANS AFFAIRS.—Section 

6 308(a) of title 38, United States Code, is amended— 

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

8 There shall’’; 

9 (2) in paragraph (1), as designated by para10 graph (1) of this subsection, by striking ‘‘Each As11 sistant’’ and all that follows through the period at 

12 the end; and 

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

14 paragraphs: 

15 ‘‘(2) Except as provided in paragraph (3), each As16 sistant Secretary appointed under paragraph (1) shall be 

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

18 consent of the Senate. 

19 ‘‘(3) The following Assistant Secretaries may be ap20 pointed without the advice and consent of the Senate: 

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

22 ‘‘(B) The Assistant Secretary for Human Re23 sources and Administration. 

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

25 Intergovernmental Affairs. 
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1 ‘‘(D) The Assistant Secretary for Operations, 

2 Security, and Preparedness.’’. 

3 (n) APPALACHIAN REGIONAL COMMISSION; ALTER4 NATE FEDERAL CO-CHAIRMAN.—Section 14301(b)(2) of 

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

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

7 (o) COUNCIL OF ECONOMIC ADVISERS, MEMBERS.— 

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

9 1023) is amended by striking subsection (a) and inserting 

10 the following: 

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

12 CHAIRMAN AND VICE CHAIRMAN.— 

13 ‘‘(1) CREATION.—There is created in the Exec14 utive Office of the President a Council of Economic 

15 Advisers (hereinafter called the ‘Council’). 

16 ‘‘(2) COMPOSITION.—The Council shall be com17 posed of three members, of whom— 

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

19 appointed by the President by and with the ad20 vice and consent of the Senate; and 

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

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

23 a person who, as a result of training, experience, 

24 and attainments, is exceptionally qualified to analyze 

25 and interpret economic developments, to appraise 
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1 programs and activities of the Government in the 

2 light of the policy declared in section 2, and to for3 mulate and recommend national economic policy to 

4 promote full employment, production, and pur5 chasing power under free competitive enterprise. 

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

7 designate 1 of the members of the Council as vice 

8 chairman, who shall act as chairman in the absence 

9 of the chairman.’’. 

10 (p) CORPORATION FOR NATIONAL AND COMMUNITY

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

12 the National and Community Service Act of 1990 (42 

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

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

15 (q) NATIONAL COUNCIL ON DISABILITY MEM16 BERS.—Section 400(a)(1)(A) of the Rehabilitation Act of 

17 1973 (29 U.S.C. 780(a)(1)(A)) is amended by striking ‘‘, 

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

19 (r) NATIONAL FOUNDATION ON THE ARTS AND THE

20 HUMANITIES; NATIONAL MUSEUM AND LIBRARY SERV21 ICES BOARD; MEMBERS.—Section 207(b)(1) of the Mu22 seum and Library Services Act (20 U.S.C. 9105a(b)(1)) 

23 is amended— 

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

25 with the advice and consent of the Senate’’; and 
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1 (2) in subparagraph (E), by striking ‘‘, by and 

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

3 (s) NATIONAL SCIENCE FOUNDATION; BOARD MEM4 BERS.—Section 4(a) of the National Science Foundation 

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

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

7 (t) OFFICE OF NATIONAL DRUG CONTROL POLICY; 

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

9 National Drug Control Policy Reauthorization Act of 1998 

10 (21 U.S.C. 1703(a)(1)) is amended to read as follows: 

11 ‘‘(1) IN GENERAL.— 

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

13 appointed by the President, by and with the ad14 vice and consent of the Senate, and shall serve 

15 at the pleasure of the President. 

16 ‘‘(B) DEPUTY DIRECTORS.—The Deputy 

17 Director of National Drug Control Policy, Dep18 uty Director for Demand Reduction, the Dep19 uty Director for Supply Reduction, and the 

20 Deputy Director for State, Local, and Tribal 

21 Affairs shall each be appointed by the President 

22 and serve at the pleasure of the President. 

23 ‘‘(C) DEPUTY DIRECTOR FOR DEMAND RE24 DUCTION.—In appointing the Deputy Director 

25 for Demand Reduction under this paragraph, 
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1 the President shall take into consideration the 

2 scientific, educational, or professional back3 ground of the individual, and whether the indi4 vidual has experience in the fields of substance 

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

6 (u) OFFICE OF NAVAJO AND HOPI RELOCATION; 

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

8 (25 U.S.C. 640d–11(b)(1)) is amended by striking ‘‘by 

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

10 (v) UNITED STATES AGENCY FOR INTERNATIONAL

11 DEVELOPMENT.— 

12 (1) ASSISTANT ADMINISTRATOR FOR MANAGE13 MENT.—Notwithstanding section 624(a) of the For14 eign Assistance Act of 1961 (22 U.S.C. 2384(a)), 

15 the appointment by the President of the Assistant 

16 Administrator for Management at the United States 

17 Agency for International Development shall not be 

18 subject to the advice and consent of the Senate. 

19 (w) COMMUNITY DEVELOPMENT FINANCIAL INSTI20 TUTION FUND; ADMINISTRATOR.—Section 104(b)(1) of 

21 the Community Development Banking and Financial In22 stitutions Act of 1994 (12 U.S.C. 4703(b)(1)) is amended 

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

24 Senate’’. 
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1 (x) 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, for a term of seven 

7 years’’. 

8 (y) MISSISSIPPI RIVER COMMISSION; COMMIS9 SIONER.—Section 2 of the Act of June 28, 1879 (33 

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

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

12 (z) GOVERNOR AND ALTERNATE GOVERNOR OF THE

13 AFRICAN DEVELOPMENT BANK.— 

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

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

16 amended— 

17 (A) by redesignating subsections (b) and 

18 (c) as subsections (c) and (d), respectively; and 

19 (B) by striking ‘‘(a) The President’’ and 

20 all that follows through ‘‘The term of office’’ 

21 and inserting the following: 

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

23 Alternate Governor of the Bank— 

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

25 Senate; or 
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1 ‘‘(2) from among individuals serving as officials 

2 required by law to be appointed by and with the ad3 vice and consent of the Senate. 

4 ‘‘(b) The term of office’’. 

5 (2) CONFORMING AMENDMENTS.—Section 1334 

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

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

8 Director’’ and inserting the following: 

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

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

11 redesignated, the following: 

12 ‘‘(a) The President, by and with the advice and con13 sent of the Senate, shall appoint a Director of the Bank.’’. 

14 (aa) GOVERNOR AND ALTERNATE GOVERNOR OF

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

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

17 amended to read as follows: 

18 ‘‘(a) The President shall appoint— 

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

20 for the Governor— 

21 ‘‘(A) by and with the advice and consent of 

22 the Senate; or 

23 ‘‘(B) from among individuals serving as of24 ficials required by law to be appointed by and 

25 with the advice and consent of the Senate; and 
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1 ‘‘(2) a Director of the Bank, by and with the 

2 advice and consent of the Senate.’’. 

3 (bb) GOVERNOR AND ALTERNATE GOVERNOR OF

4 THE AFRICAN DEVELOPMENT FUND.—Section 203(a) of 

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

6 is amended to read as follows: 

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

8 Alternate Governor, of the Fund— 

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

10 Senate; or 

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

12 required by law to be appointed by and with the ad13 vice and consent of the Senate.’’. 

14 (cc) NATIONAL BOARD FOR EDUCATION SCIENCES; 

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

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

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

18 Senate’’. 

19 (dd) NATIONAL INSTITUTE FOR LITERACY ADVISORY

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

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

22 9252(e)(1)(A)) is amended by striking ‘‘with the advice 

23 and consent of the Senate’’. 

24 (ee) INSTITUTE OF AMERICAN INDIAN AND ALASKA

25 NATIVE CULTURE AND ARTS DEVELOPMENT; MEMBER, 
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1 BOARD OF TRUSTEES.—Section 1505 of the American In2 dian, Alaska Native, and Native Hawaiian Culture and 

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

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

5 of the Senate’’. 

6 (ff) PUBLIC HEALTH SERVICE COMMISSIONED OFFI7 CER 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 (gg) 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. 
22 

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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 (hh) RULE OF CONSTRUCTION.—Notwithstanding 

13 section 3132(a)(2) of title 5, United States Code, removal 

14 of Senate confirmation for any position in this section 

15 shall not— 

16 (1) result in any such position being placed in 

17 the Senior Executive Service; or 

18 (2) alter compensation for any such position 

19 under the Executive Schedule or other applicable 

20 compensation provisions of law. 

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

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

23 States Code, is amended to read as follows: 

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

25 ‘‘(a) APPOINTMENT.— 
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1 ‘‘(1) IN GENERAL.—The Bureau shall be head2 ed by a Director of the Census, appointed by the 

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

4 Senate, without regard to political affiliation. 

5 ‘‘(2) QUALIFICATIONS.—Such appointment 

6 shall be made from individuals who have a dem7 onstrated ability in managing large organizations 

8 and experience in the collection, analysis, and use of 

9 statistical data. 

10 ‘‘(b) TERM OF OFFICE.— 

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

12 Director shall be 5 years, and shall begin on Janu13 ary 1, 2012, and every fifth year thereafter. An indi14 vidual may not serve more than 2 full terms as Di15 rector. 

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

17 fill a vacancy in such position, occurring before the 

18 expiration of the term for which such individual’s 

19 predecessor was appointed, shall be appointed for 

20 the remainder of that term. The Director may serve 

21 after the end of the Director’s term until re22 appointed or until a successor has been appointed, 

23 but in no event longer than 1 year after the end of 

24 such term. 
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1 ‘‘(3) REMOVAL.—An individual serving as Di2 rector may be removed from office by the President. 

3 The President shall communicate in writing the rea4 sons for any such removal to both Houses of Con5 gress not later than 60 days before the removal. 

6 ‘‘(4) PERSONNEL ACTIONS.—Except as pro7 vided under paragraph (3), nothing in this sub8 section shall prohibit a personnel action otherwise 

9 authorized by law with respect to the Director of the 

10 Census, other than removal. 

11 ‘‘(c) DUTIES.—The Director shall perform such du12 ties as may be imposed upon the Director by law, regula13 tions, or orders of the Secretary.’’. 

14 (b) TRANSITION RULES.— 

15 (1) APPOINTMENT OF INITIAL DIRECTOR.—The 

16 initial Director of the Bureau of the Census shall be 

17 appointed in accordance with the provisions of sec18 tion 21(a) of title 13, United States Code, as 

19 amended by subsection (a). 

20 (2) INTERIM ROLE OF CURRENT DIRECTOR OF

21 THE CENSUS AFTER DATE OF ENACTMENT.—If, as 

22 of January 1, 2012, the initial Director of the Bu23 reau of the Census has not taken office, the officer 

24 serving on December 31, 2011, as Director of the 
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1 Census (or Acting Director of the Census, if applica2 ble) in the Department of Commerce— 

3 (A) shall serve as the Director of the Bu4 reau of the Census; and 

5 (B) shall assume the powers and duties of 

6 such Director for one term beginning January 

7 1, 2012, as described in section 21(b) of such 

8 title, as so amended. 

9 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

10 Not later than January 1, 2012, the Secretary of Com11 merce, in consultation with the Director of the Census, 

12 shall submit to each House of the Congress draft legisla13 tion containing any technical and conforming amendments 

14 to title 13, United States Code, and any other provisions 

15 which may be necessary to carry out the purposes of this 

16 section. 

17 SEC. 4. WORKING GROUP ON STREAMLINING PAPERWORK 

18 FOR EXECUTIVE NOMINATIONS. 

19 (a) ESTABLISHMENT.—There is established the 

20 Working Group on Streamlining Paperwork for Executive 

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

22 Group’’). 

23 (b) MEMBERSHIP.— 

24 (1) COMPOSITION.—The Working Group shall 

25 be composed of— 
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1 (A) the chairperson who shall be— 

2 (i) except as provided under clause 

3 (ii), the Director of the Office of Presi4 dential Personnel; or 

5 (ii) a Federal officer designated by 

6 the President; 

7 (B) representatives designated by the 

8 President from— 

9 (i) the Office of Personnel Manage10 ment; 

11 (ii) the Office of Government Ethics; 

12 and 

13 (iii) the Federal Bureau of Investiga14 tion; and 

15 (C) individuals appointed by the chair16 person of the Working Group who have experi17 ence and expertise relating to the Working 

18 Group, including— 

19 (i) individuals from other relevant 

20 Federal agencies; and 

21 (ii) individuals with relevant experi22 ence from previous presidential administra23 tions. 

24 (c) STREAMLINING OF PAPERWORK REQUIRED FOR

25 EXECUTIVE NOMINATIONS.— 
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1 (1) IN GENERAL.—Not later than 90 days after 

2 the date of enactment of this Act, the Working 

3 Group shall conduct a study and submit a report on 

4 the streamlining of paperwork required for executive 

5 nominations to— 

6 (A) the President; 

7 (B) the Committee on Homeland Security 

8 and Governmental Affairs of the Senate; and 

9 (C) the Committee on Rules and Adminis10 tration of the Senate. 

11 (2) CONSULTATION WITH COMMITTEES OF THE

12 SENATE.—In conducting the study under this sec13 tion, the Working Group shall consult with the 

14 chairperson and ranking member of the committees 

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

16 (3) CONTENTS.— 

17 (A) IN GENERAL.—The report submitted 

18 under this section shall include— 

19 (i) recommendations for the stream20 lining of paperwork required for executive 

21 nominations; and 

22 (ii) a detailed plan for the creation 

23 and implementation of an electronic system 

24 for collecting and distributing background 

25 information from potential and actual 
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1 Presidential nominees for positions which 

2 require appointment by and with the ad3 vice and consent of the Senate. 

4 (B) ELECTRONIC SYSTEM.—The electronic 

5 system described under subparagraph (A)(ii) 

6 shall— 

7 (i) provide for— 

8 (I) less burden on potential nomi9 nees for positions which require ap10 pointment by and with the advice and 

11 consent of the Senate; 

12 (II) faster delivery of background 

13 information to Congress, the White 

14 House, the Federal Bureau of Inves15 tigation, Diplomatic Security, and the 

16 Office of Government Ethics; and 

17 (III) fewer errors of omission; 

18 and 

19 (ii) ensure the existence and operation 

20 of a single, searchable form which shall be 

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

22 (I) be free to a nominee and easy 

23 to use; 
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1 (II) make it possible for the 

2 nominee to answer all vetting ques3 tions one way, at a single time; 

4 (III) secure the information pro5 vided by a nominee; 

6 (IV) allow for multiple submis7 sions over time, but always in the for8 mat requested by the vetting agency 

9 or entity; 

10 (V) be compatible across dif11 ferent computer platforms; 

12 (VI) make it possible to easily 

13 add, modify, or subtract vetting ques14 tions; 

15 (VII) allow error checking; and 

16 (VIII) allow the user to track the 

17 progress of a nominee in providing the 

18 required information. 

19 (d) REVIEW OF BACKGROUND INVESTIGATION RE20 QUIREMENTS.— 

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

22 conduct a review of the impact of background inves23 tigation requirements on the appointments process. 

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

25 review, the Working Group shall— 
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1 (A) assess the feasibility of using personnel 

2 other than Federal Bureau of Investigation per3 sonnel, in appropriate circumstances, to conduct 

4 background investigations of individuals under 

5 consideration for positions appointed by the 

6 President, by and with the advice and consent 

7 of the Senate; and 

8 (B) consider the extent to which the scope 

9 of the background investigation conducted for 

10 an individual under consideration for a position 

11 appointed by the President, by and with the ad12 vice and consent of the Senate, should be varied 

13 depending on the nature of the position for 

14 which the individual is being considered. 

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

16 the date of enactment of this Act, the Working 

17 Group shall submit a report of the findings of the 

18 review under this subsection to— 

19 (A) the President; 

20 (B) the Committee on Homeland Security 

21 and Governmental Affairs of the Senate; and 

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

24 (e) PERSONNEL MATTERS.— 

25 (1) COMPENSATION OF MEMBERS.— 
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1 (A) FEDERAL OFFICERS AND EMPLOY2 EES.—Each member of the Working Group who 

3 is a Federal officer or employee shall serve 

4 without compensation in addition to that re5 ceived for their services as a Federal officer or 

6 employee. 

7 (B) MEMBERS NOT FEDERAL OFFICERS

8 AND EMPLOYEES.—Each member of the Work9 ing Group who is not a Federal officer or em10 ployee shall not be compensated for services 

11 performed for the Working Group. 

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

13 Working Group shall be allowed travel expenses, in14 cluding per diem in lieu of subsistence, at rates au15 thorized for employees of agencies under subchapter 

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

17 away from their homes or regular places of business 

18 in the performance of services for the Working 

19 Group. 

20 (3) STAFF.— 

21 (A) IN GENERAL.—The President may des22 ignate Federal officers and employees to pro23 vide support services for the Working Group. 

24 (B) DETAIL OF FEDERAL EMPLOYEES.— 

25 Any Federal employee may be detailed to the 
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1 Working Group without reimbursement, and 

2 such detail shall be without interruption or loss 

3 of civil service status or privilege. 

4 (f) NON-APPLICABILITY OF FEDERAL ADVISORY

5 COMMITTEE ACT.—The Federal Advisory Committee Act 

6 (5 U.S.C. App.) shall not apply to the Working Group es7 tablished under this section. 

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

9 Working Group shall terminate 60 days after the date on 

10 which the Working Group submits the latter of the 2 re11 ports under this section. 

12 SEC. 5. REPORT ON PRESIDENTIALLY APPOINTED POSI13 TIONS. 

14 (a) DEFINITIONS.—In this section— 

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

16 agency defined under section 105 of title 5, United 

17 States Code; and 

18 (2) the term ‘‘covered position’’ means a posi19 tion in an agency that requires appointment by the 

20 President without the advice and consent of the Sen21 ate. 

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

23 date of enactment of this Act, the Government Account24 ability Office shall conduct a study and submit a report 

25 on covered positions to Congress and the President. 
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1 (c) CONTENTS.—The report submitted under this 

2 section shall include— 

3 (1) a determination of the number of covered 

4 positions in each agency; 

5 (2) an evaluation of whether maintaining the 

6 total number of covered positions is necessary; 

7 (3) an evaluation of the benefits and disadvan8 tages of— 

9 (A) eliminating certain covered positions; 

10 (B) converting certain covered positions to 

11 career positions or positions in the Senior Exec12 utive Service that are not career reserved posi13 tions; and 

14 (C) converting any categories of covered 

15 positions to career positions; 

16 (4) the identification of— 

17 (A) covered positions described under 

18 paragraph (3)(A) and (B); and 

19 (B) categories of covered positions de20 scribed under paragraph (3)(C); and 

21 (5) any other recommendations relating to cov22 ered positions. 

23 SEC. 6. EFFECTIVE DATE. 

24 (a) PRESIDENTIAL APPOINTMENTS NOT SUBJECT TO

25 SENATE APPROVAL.—The amendments made by section 
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1 2 shall take effect 60 days after the date of enactment 

2 of this Act and apply to appointments made on and after 

3 that effective date, including any nomination pending in 

4 the Senate on that date. 

5 (b) DIRECTOR OF THE CENSUS AND WORKING

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

7 any amendments made by those sections) shall take effect 

8 on the date of enactment of this Act. 

Passed the Senate June 29, 2011. 

Attest: 

Secretary. 

112TH CONGRESS 

1ST SESSION S. 679 

AN ACT 

To reduce the number of executive positions subject 

to Senate confirmation.