II
112th CONGRESS
1st Session
S. 679
IN THE SENATE OF THE UNITED STATES
March 30, 2011
Mr. Schumer (for himself, Mr. Alexander, Mr. Reid, Mr. McConnell, Mr. Lieberman, Ms. Collins, Mr. Brown of Massachusetts, Mr. Bingaman, Mr. Blumenthal, Mr. Durbin, Mr. Johanns, Mr. Lugar, Mr. Reed, Mr. Whitehouse, Mr. Carper, and Mr. Kyl) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs
A BILL
To reduce the number of executive positions subject to Senate confirmation.
Short title
This Act may be cited as
the Presidential Appointment
Efficiency and Streamlining Act of 2011
.
Presidential appointments not subject to Senate approval
Agriculture
Assistant Secretary of Agriculture for Congressional Relations and Assistant Secretary of Agriculture for Administration
Section 218(b) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6918(b)) is amended—
by striking
subsection (a)
and inserting subsection
(a)(3)
;
by striking subsection (c); and
by redesignating subsection (d) as subsection (c).
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—
by striking
, by and with the advice and consent of the Senate
;
by striking paragraph (2); and
by redesignating paragraph (3) as paragraph (2).
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
.
Commerce
Assistant Secretary for Legislative Affairs
The provisions of the Act
entitled An Act to provide for the appointment of one additional
Assistant Secretary of Commerce, and for other purposes
, approved July
15, 1947 (15 U.S.C. 1505), section 304 of title III of the Departments of
State, Justice, and Commerce and the United States Information Agency
Appropriation Act, 1955 (15 U.S.C. 1506), and the Act entitled An Act to
authorize an additional Assistant Secretary of Commerce
, approved
February 16, 1962 (15 U.S.C. 1507), that require the advice and consent of the
Senate shall not apply with respect to the appointment of the Assistant
Secretary for Congressional Relations.
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,
.
Assistant Secretary for Communications and Information
Section 103(a)(2) of
the National Telecommunications and Information Administration Organization Act
(47 U.S.C. 902(a)(2)) is amended by striking , by and with the advice
and consent of the Senate
.
Department of Defense
Assistant Secretaries of Defense for Legislative Affairs, Public Affairs, and Networks and Information Integration
Section 138(a)(2) of title 10, United States Code, as amended by section 901(b)(4)(A) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011, is further amended to read as follows:
Except as provided in subparagraph (B), the Assistant Secretaries of Defense shall be appointed from civilian life by the President, by and with the advice and consent of the Senate.
The Assistant Secretary of Defense referred to in subsection (b)(5), the Assistant Secretary of Defense for Public Affairs, and the Assistant Secretary of Defense for Networks and Information Integration shall each be appointed from civilian life by the President.
.
Assistant Secretary of the Army for Financial Management
Section 3016(a) of such title is amended—
by inserting
(1)
after (a)
;
by striking the second sentence; and
by adding at the end the following new paragraph:
Except as provided in subparagraph (B), the Assistant Secretaries of the Army shall be appointed from civilian life by the President, by and with the advice and consent of the Senate.
The Assistant Secretary of the Army specified in subsection (b)(4) shall be appointed from civilian life by the President.
.
Assistant Secretary of the Navy for Financial Management
Section 5016(a) of such title is amended—
by inserting
(1)
after (a)
;
by striking the second sentence; and
by adding at the end the following new paragraph:
Except as provided in subparagraph (B), the Assistant Secretaries of the Navy shall be appointed from civilian life by the President, by and with the advice and consent of the Senate.
The Assistant Secretary of the Navy specified in subsection (b)(3) shall be appointed from civilian life by the President.
.
Assistant Secretary of the Air Force for Financial Management
Section 8016(a) of such title is amended—
by inserting
(1)
after (a)
;
by striking the second sentence; and
by adding at the end the following new paragraph:
Except as provided in subparagraph (B), the Assistant Secretaries of the Air Force shall be appointed from civilian life by the President, by and with the advice and consent of the Senate.
The Assistant Secretary of the Air Force specified in subsection (b)(3) shall be appointed from civilian life by the President.
.
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,
.
Department of Education
Assistant Secretary for Legislation and Congressional Affairs and Assistant Secretary for Management
Section 202(e) of the Department of Education
Organization Act (20 U.S.C. 3412(e)) is amended by inserting after the first
sentence the following: Notwithstanding the previous sentence, the
appointments of individuals to serve as the Assistant Secretary for Legislation
and Congressional Affairs and the Assistant Secretary for Management shall not
be subject to the advice and consent of the Senate.
.
Commissioner, Rehabilitation Services Administration
Section 3(a) of the
Rehabilitation Act of 1973 (29 U.S.C. 702(a)) is amended by striking by
and with the advice and consent of the Senate
.
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,
.
Department of Energy
Section 203(a) of the Department of Energy Organization
Act (42 U.S.C. 7133(a)) is amended in the first sentence by striking
Senate;
and inserting Senate (except that the Assistant
Secretary for Congressional and Intergovernmental Affairs of the Department may
be appointed by the President without the advice and consent of the
Senate);
.
Department of Health and Human Services
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.
Assistant Secretary for Legislation
Notwithstanding any other provision of law, the appointment of an individual to serve as the Assistant Secretary for Legislation within the Department of Health and Human Services shall not be subject to the advice and consent of the Senate.
Commissioner, Administration for Children, Youth and Families
Section 915(b)(2)
of the Claude Pepper Young Americans Act of 1990 (42 U.S.C. 12311(b)(2)) is
amended by striking , by and with the advice and consent of the
Senate,
.
Commissioner, Administration for Native Americans
Section 803B(c) of the Native
American Programs Act of 1974 (42 U.S.C. 2991b–2(c)) is amended by striking
, by and with the advice and consent of the Senate
.
Department of Homeland Security
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
.
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,
.
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
.
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
.
Housing and Urban Development; Chief Human Capital Officer, Assistant Secretary for Congressional and Intergovernmental Relations, and Assistant Secretary for Public Affairs
Section 4(a) of the Department of Housing and Urban Development Act (42 U.S.C. 3533(a)) is amended—
by inserting
(1)
after (a)
;
by striking
eight
and inserting 5
; and
by adding at the end the following:
There shall be in the Department a Chief Human Capital Officer, an Assistant Secretary for Congressional and Intergovernmental Relations, and an Assistant Secretary for Public Affairs, each of whom shall be appointed by the President and shall perform such functions, powers, and duties as the Secretary shall prescribe from time to time.
.
Department of Justice
Assistant Attorney General, Legislative Affairs
In general
Chapter 31 of title 28, United States Code, is amended—
in
section 506, by striking 11 Assistant Attorneys General
and
inserting 10 Assistant Attorneys General
; and
by inserting after section 507A the following:
Assistant Attorney General for Legislative Affairs
The President shall appoint an Assistant Attorney General for Legislative Affairs to assist the Attorney General in the performance of the duties of the Attorney General.
.
Technical and conforming amendment
The table of sections for chapter 31 of title 28, United States Code, is amended by inserting after the item relating to section 507A the following:
507B. Assistant Attorney General for Legislative Affairs.
.
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
.
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
.
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
.
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,
.
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
.
Department of Labor
Assistant Secretaries for Administration and Management, Congressional Affairs, and Public Affairs
Notwithstanding section 2 of the Act of April 17, 1946 (29 U.S.C. 553), the appointment of individuals to serve as the Assistant Secretary for Administration and Management, the Assistant Secretary for Congressional Affairs, and the Assistant Secretary for Public Affairs within the Department of Labor, shall not be subject to the advice and consent of the Senate.
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
.
Department of State; Assistant Secretary for Legislative and Intergovernmental Affairs, Assistant Secretary for Public Affairs, and Assistant Secretary for Administration
Section 1(c)(1) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(1)) is amended—
by striking
, each of whom shall be appointed by the President, by and with the
advice and consent of the Senate, and
; and
by adding at the
end the following: Each Assistant Secretary of State shall be appointed
by the President, by and with the advice and consent of the Senate, except that
the appointments of the Assistant Secretary for Legislative and
Intergovernmental Affairs, the Assistant Secretary for Public Affairs, and the
Assistant Secretary for Administration shall not be subject to the advice and
consent of the Senate.
.
Department of Transportation
Assistant secretaries
Section 102(e) of title 49, United States Code, is amended—
by striking
(e) The
Department
and all that follows through An
Assistant Secretary
and inserting the following:
Assistant Secretaries; General Counsel
Appointment
The Department has 5 Assistant Secretaries and a General Counsel, including—
an Assistant Secretary for Aviation and International Affairs and an Assistant Secretary for Transportation Policy, who shall each be appointed by the President, with the advice and consent of the Senate;
an Assistant Secretary for Budget and Programs and Chief Financial Officer and an Assistant Secretary for Governmental Affairs, who shall each be appointed by the President;
an Assistant Secretary for Administration, who shall be appointed in the competitive service by the Secretary, with the approval of the President; and
a General Counsel, who shall be appointed by the President, with the advice and consent of the Senate.
Duties and powers
The officers set forth in paragraph (1) shall carry out duties and powers prescribed by the Secretary. An Assistant Secretary
.
Deputy administrator, federal aviation administration
Section 106 of title 49, United States Code, is amended—
in subsection
(b), by striking . The Administration has a Deputy Administrator. They
are appointed
and inserting , who shall be appointed
;
and
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
.
Department of Treasury
Assistant Secretary for Legislative Affairs
Section 301(e) of title 31, United States Code, is amended—
striking
10 Assistant Secretaries
and inserting 9 Assistant
Secretaries
; and
by inserting
after the first sentence the following new sentence: The Department
shall have 1 Assistant Secretary not subject to the advice and consent of the
Senate who shall be the Assistant Secretary for Legislative
Affairs.
.
Assistant Secretary for Public Affairs and Director of Policy Planning
Section 301(e) of title 31, United States Code, as amended by paragraph (1), is amended by—
striking 9
Assistant Secretaries
in the first sentence and inserting 8
Assistant Secretaries
; and
in the second sentence—
by striking
1 Assistant Secretary
and inserting 2 Assistant
Secretaries
, and
by inserting
and the Assistant Secretary for Public Affairs
before the period
at the end.
Assistant Secretary for Management and Chief Financial Officer
Section 301(e) of title 31, United States Code, as amended by paragraphs (1) and (2), is amended by—
striking 8
Assistant Secretaries
in the first sentence and inserting 7
Assistant Secretaries
; and
in the second sentence—
by striking
2 Assistant Secretary
and inserting 3 Assistant
Secretaries
, and
by striking
and the Assistant Secretary for Public Affairs
and inserting
, the Assistant Secretary for Public Affairs, and the Assistant
Secretary for Management, Chief Financial Officer, and Chief Performance
Officer
.
Treasurer of the United States
Section 301(d) of title 31, United States Code, is amended—
by striking
2 Deputy Under Secretaries, and a Treasurer of the United States
and inserting and 2 Deputy Under Secretaries
, and
by inserting
and a Treasurer of the United States appointed by the President
after Fiscal Assistant Secretary appointed by the
Secretary
.
Director of the Mint
Section 304(b)(1) of title 31, United States Code, is amended—
by striking
, by and with the advice and consent of the Senate
; and
by striking
On removal, the President shall send a message to the Senate giving the
reasons for removal.
.
Department of Veterans Affairs
Section 308(a) of title 38, United States Code, is amended—
by striking
There shall
and inserting (1) There shall
;
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
by adding at the end the following new paragraphs:
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.
The following Assistant Secretaries may be appointed without the advice and consent of the Senate:
The Assistant Secretary for Management.
The Assistant Secretary for Human Resources and Administration.
The Assistant Secretary for Public and Intergovernmental Affairs.
The Assistant Secretary for Congressional and Legislative Affairs.
The Assistant Secretary for Information and Technology.
.
Appalachian Regional Commission; Alternate Federal Co-Chairman
Section
14301(b)(1) of title 40, United States Code, is amended by striking by
and with the advice and consent of the Senate
.
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:
Creation; composition; qualifications; chairman and vice chairman
Creation
There
is created in the Executive Office of the President a Council of Economic
Advisers (hereinafter called the Council
).
Composition
The Council shall be composed of three members, of whom—
1 shall be the chairman who shall be appointed by the President by and with the advice and consent of the Senate; and
2 shall be appointed by the President.
Qualifications
Each member shall be a person who, as a result of his training, experience, and attainments, is exceptionally qualified to analyze and interpret economic developments, to appraise programs and activities of the Government in the light of the policy declared in section 2, and to formulate and recommend national economic policy to promote full employment, production, and purchasing power under free competitive enterprise.
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.
.
Corporation for National and Community Service; Managing Director
Section
194(a)(1) of the National and Community Service Act of 1990 (42 U.S.C.
12651d(a)(1)) is amended by striking , by and with the advice and
consent of the Senate
.
National Council on Disability members, including Chairperson
Section
400(a)(1)(A) of the Rehabilitation Act of 1973 (29 U.S.C. 780(a)(1)(A)) is
amended by striking , by and with the advice and consent of the
Senate
.
National Foundation on the Arts and the Humanities; National Museum and Library Services Board; Members
Section 207(b)(1)(D) of the Museum and Library
Services Act (20 U.S.C. 9105a(b)(1)(D)) is amended by striking , by and
with the advice and consent of the Senate
.
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,
.
Office of Management and Budget; Controller, Office of Federal Financial Management
Section 504(b) of title 31, United States Code, is
amended by striking , by and with the advice and consent of the
Senate,
.
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:
In general
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.
Deputy Directors
The Deputy Director of National Drug Control Policy, Deputy Director for Demand Reduction, the Deputy Director for Supply Reduction, and the Deputy Director for State and Local Affairs shall each be appointed by the President and serve at the pleasure of the President.
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.
.
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
.
Office of Science and Technology Policy; Associate Directors
Section
203 of the National Science and Technology Policy, Organization, and Priorities
Act of 1976 (42 U.S.C. 6612) is amended in the second sentence by striking
, by and with the advice and consent of the Senate,
.
United States Agency for International Development
Assistant Administrator for Legislative and Public Affairs
Notwithstanding section 624(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2384(a)), the appointment by the President of the Assistant Administrator for Legislative and Public Affairs at the United States Agency for International Development shall not be subject to the advice and consent of the Senate.
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.
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
.
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,
.
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,
.
Governor and Alternate Governor of the African Development Bank
In general
Section 1333(a) of the African Development Bank Act (22
U.S.C. 290i–1(a)) is amended by striking , by and with
and all
that follows through Bank
and inserting shall appoint a
Governor and an Alternate Governor
.
Conforming amendments
Section 1334 of such Act (22 U.S.C. 290i–2) is amended—
by striking
The Director or Alternate Director
and inserting the
following:
The Director or Alternate Director
; and
by inserting before subsection (b), as redesignated, the following:
The President, by and with the advice and consent of the Senate, shall appoint a Director of the Bank.
.
Governor and Alternate Governor of the Asian Development Bank
Section 3(a) of
the Asian Development Bank Act (22 U.S.C. 285a(a)) is amended by striking
, by and with
and all that follows through the end period and
inserting shall appoint—
a Governor of the Bank and an alternate for the Governor; and
by and with the advice and consent of the Senate, a Director of the Bank.
.
Governors and alternate governors of the International Monetary Fund and the International Bank for Reconstruction and Development
Section 3 of the Bretton Woods Agreements Act (22 U.S.C. 286a) is amended—
in subsection
(a), by striking , by and with the advice and consent of the Senate,
shall appoint a governor of the Fund who shall also serve as governor of the
Bank, and an executive director
and inserting shall appoint a
governor of the Fund who shall also serve as governor of the Bank and, by and
with the advice and consent of the Senate, an executive director
;
and
in subsection
(b), by striking , by and with the advice and consent of the
Senate,
the first place it appears.
Governor and Alternate Governor of the African Development Fund
Section 203(a)
of the African Development Fund Act (22 U.S.C. 290g–1(a)) is amended by
striking , by and with the advice and consent of the
Senate,
.
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
.
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
.
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
.
Federal Coordinator for Alaska Natural Gas Transportation Projects
Section 106(b)(1) of the Alaska Natural Gas Pipeline Act
(division C of Public Law 108–324; 15 U.S.C. 720d(b)(1)) is amended by striking
, by and with the advice and consent of the Senate,
.
Public Health Service Commissioned Officer Corps
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
.
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
.
National Oceanic and Atmospheric Administration Commissioned Officer Corps
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
.
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
.
Temporary appointments and promotions generally
Section 229 of such Act (33 U.S.C. 3029) is amended—
by striking
alone
each place it appears; and
in subsection
(a), in the second sentence, by striking unless the Senate sooner gives
its advice and consent to the appointment
.
Chief financial officer positions
Section 901(a)(1) of title 31, United States Code, is amended by striking subparagraphs (A) and (B) and inserting the following:
be appointed by the President; or
be designated by the President, in consultation with the head of the agency, from among officials of the agency who are required by law to be appointed by the President, whether or not by and with the advice and consent of the Senate;
.
Working Group on streamlining paperwork for executive nominations
Establishment
There
is established the Working Group on Streamlining Paperwork for Executive
Nominations (in this section referred to as the Working
Group
).
Membership
Composition
The Working Group shall be composed of—
the chairperson who shall be—
except as provided under clause (ii), the Director of the Office of Presidential Personnel; or
a Federal officer designated by the President;
representatives designated by the President from—
the Office of Personnel Management;
the Office of Government Ethics; and
the Federal Bureau of Investigation; and
individuals appointed by the chairperson of the Working Group who have experience and expertise relating to the Working Group, including—
individuals from other relevant Federal agencies; and
individuals with relevant experience from previous presidential administrations.
Streamlining of paperwork required for executive nominations
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—
the President;
the Committee on Homeland Security and Governmental Affairs of the Senate; and
the Committee on Rules and Administration of the Senate.
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).
Contents
In general
The report submitted under this section shall include—
recommendations for the streamlining of paperwork required for executive nominations; and
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.
Electronic system
The electronic system described under subparagraph (A)(ii) shall—
provide for—
less burden on potential nominees for positions which require appointment by and with the advice and consent of the Senate;
faster delivery of background information to Congress, the White House, the Federal Bureau of Investigation, Diplomatic Security, and the Office of Government Ethics; and
fewer errors of omission; and
ensure the
existence and operation of a single, searchable form which shall be known as a
Smart Form
and shall—
be free to a nominee and easy to use;
make it possible for the nominee to answer all vetting questions one way, at a single time;
secure the information provided by a nominee;
allow for multiple submissions over time, but always in the format requested by the vetting agency or entity;
be compatible across different computer platforms;
make it possible to easily add, modify, or subtract vetting questions;
allow error checking; and
allow the user to track the progress of a nominee in providing the required information.
Review of background investigation requirements
In general
The Working Group shall conduct a review of the impact of background investigation requirements on the appointments process.
Conduct of review
In conducting the review, the Working Group shall—
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
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.
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—
the President;
the Committee on Homeland Security and Governmental Affairs of the Senate; and
the Committee on Rules and Administration of the Senate.
Personnel matters
Compensation of members
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.
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.
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.
Staff
In general
The President may designate Federal officers and employees to provide support services for the Working Group.
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.
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.
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.
Effective date
The amendments made by this Act shall take effect 60 days after the date of enactment of this Act and apply to appointments made on and after that effective date, including any nomination pending in the Senate on that date.