Presidential Appointment Efficiency and Streamlining Act of 2011
PL 112-166 (S.679), enacted 08/10/2012

126 STAT. 1283 
PUBLIC LAW 112–166—AUG. 10, 2012 
Public Law 112–166 
112th Congress 
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 Effi-
ciency and Streamlining Act of 2011’’. 
SEC. 2. PRESIDENTIAL APPOINTMENTS NOT SUBJECT TO SENATE 
APPROVAL. 
(a) AGRICULTURE.— 
(1) ASSISTANT SECRETARY OF AGRICULTURE FOR ADMINISTRA-
TION.—Section 218(b) of the Department of Agriculture Reorga-
nization Act of 1994 (7 U.S.C. 6918(b)) is amended— 
(A) by striking ‘‘subsection (a)’’ and inserting ‘‘para-
graph (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— 
10 USC 138 note. 
15 USC 1511 
note. 
5 USC 5315. 
5 USC 101 note. 
Presidential 
Appointment 
Efficiency and 
Streamlining Act 
of 2011. 
Aug. 10, 2012 
[S. 679] 
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126 STAT. 1284 
PUBLIC LAW 112–166—AUG. 10, 2012 
(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.—Notwith-
standing the requirements of this paragraph, any indi-
vidual 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 elimi-
nated in accordance with the requirements of this para-
graph. 
(2) MEMBERS OF NATIONAL SECURITY EDUCATION BOARD.— 
Section 803(b)(7) of the David L. Boren National Security Edu-
cation 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.—Notwith-
standing 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 ADMINISTRA-
TION.—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’’. 
42 USC 3501a 
note. 
Deadline. 
Reports. 
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126 STAT. 1285 
PUBLIC LAW 112–166—AUG. 10, 2012 
(4) CHIEF MEDICAL OFFICER.—Section 516(a) of the Home-
land 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 Home-
land Security Act of 2002 (6 U.S.C. 113(a) is amended— 
(A) by striking ‘‘There’’ and inserting ‘‘(1) IN
GEN-
ERAL.—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 Secre-
taries referred to under paragraph (1)(I) is designated to be 
the Assistant Secretary for Health Affairs, the Assistant Sec-
retary 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 Jus-
tice 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 Adminis-
tration 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. 
29 USC 553 note. 
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126 STAT. 1286 
PUBLIC LAW 112–166—AUG. 10, 2012 
(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 Sec-
retaries and a General Counsel, including— 
‘‘(A) an Assistant Secretary for Aviation and Inter-
national 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 para-
graph (1) shall carry out duties and powers prescribed by 
the Secretary. An Assistant Secretary’’. 
(2) DEPUTY ADMINISTRATOR, FEDERAL AVIATION ADMINISTRA-
TION.—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— 
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126 STAT. 1287 
PUBLIC LAW 112–166—AUG. 10, 2012 
(A) by striking ‘‘10 Assistant Secretaries’’ and inserting 
‘‘8 Assistant Secretaries’’; and 
(B) by inserting ‘‘The Department shall have 2 Assist-
ant 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 Sec-
retary 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 Sec-
retary 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 with-
out 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 Intergovern-
mental 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, 
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126 STAT. 1288 
PUBLIC LAW 112–166—AUG. 10, 2012 
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 DIREC-
TORS.—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 consid-
eration the scientific, educational, or professional back-
ground 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 DEVELOP-
MENT.— 
(1) ASSISTANT ADMINISTRATOR FOR MANAGEMENT.—Notwith-
standing 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 
22 USC 2384 
note. 
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126 STAT. 1289 
PUBLIC LAW 112–166—AUG. 10, 2012 
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 sub-
sections (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.’’. 
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126 STAT. 1290 
PUBLIC LAW 112–166—AUG. 10, 2012 
(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; MEM-
BERS.—Section 242(e)(1)(A) of the Adult Education and Family Lit-
eracy 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 CUL-
TURE 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.—Sec-
tion 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
GEN-
ERALLY.—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 con-
firmation 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. 
5 USC 3132 note. 
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126 STAT. 1291 
PUBLIC LAW 112–166—AUG. 10, 2012 
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: 
‘‘§ 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 para-
graph (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 
Deadline. 
Submission. 
13 USC 21 note. 
13 USC 21 note. 
Notification. 
Deadline. 
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126 STAT. 1292 
PUBLIC LAW 112–166—AUG. 10, 2012 
Congress draft legislation containing any technical and conforming 
amendments to title 13, United States Code, and any other provi-
sions which may be necessary to carry out the purposes of this 
section. 
SEC. 4. WORKING GROUP ON STREAMLINING PAPERWORK FOR EXECU-
TIVE NOMINATIONS. 
(a) ESTABLISHMENT.—There is established the Working Group 
on Streamlining Paperwork for Executive Nominations (in this sec-
tion 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 agen-
cies; and 
(ii) individuals with relevant experience from pre-
vious 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 Govern-
mental 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 sec-
tion shall include— 
(i) recommendations for the streamlining of paper-
work 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 poten-
tial 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— 
Plans. 
Recommenda- 
tions. 
Deadline. 
Study. 
Reports. 
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126 STAT. 1293 
PUBLIC LAW 112–166—AUG. 10, 2012 
(I) less burden on potential nominees for posi-
tions 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 back-
ground 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 Govern-
mental 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 
Assessment. 
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126 STAT. 1294 
PUBLIC LAW 112–166—AUG. 10, 2012 
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 interrup-
tion 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 Con-
gress 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 posi-
tions 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 
Determination. 
Evaluation. 
Recommenda- 
tions. 
Study. 
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126 STAT. 1295 
PUBLIC LAW 112–166—AUG. 10, 2012 
LEGISLATIVE HISTORY—S. 679: 
SENATE REPORTS: No. 112–24 (Comm. on Homeland Security and Governmental 
Affairs). 
CONGRESSIONAL RECORD: 
Vol. 157 (2011): June 22, 23, 28, 29, considered and passed Senate. 
Vol. 158 (2012): July 31, considered and passed House. 
(5) any other recommendations relating to covered posi-
tions. 
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 provi-
sions of sections 3 and 4 (including any amendments made by 
those sections) shall take effect on the date of enactment of this 
Act. 
Approved August 10, 2012. 
13 USC 21 note. 
Applicability. 
6 USC 113 note. 
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