Text: S.679 — 112th Congress (2011-2012)All Bill Information (Except Text)

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Public Law No: 112-166 (08/10/2012)

 
[112th Congress Public Law 166]
[From the U.S. Government Printing Office]



[[Page 126 STAT. 1283]]

Public Law 112-166
112th Congress

                                 An Act


 
     To reduce the number of executive positions subject to Senate 
           confirmation. <<NOTE: Aug. 10, 2012 -  [S. 679]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Presidential 
Appointment Efficiency and Streamlining Act of 2011.>> 
SECTION 1. <<NOTE: 5 USC 101 note.>> SHORT TITLE.

    This Act may be cited as the ``Presidential Appointment Efficiency 
and Streamlining Act of 2011''.
SEC. 2. PRESIDENTIAL APPOINTMENTS NOT SUBJECT TO SENATE APPROVAL.

    (a) Agriculture.--
            (1) Assistant secretary of agriculture for administration.--
        Section 218(b) of the Department of Agriculture Reorganization 
        Act of 1994 (7 U.S.C. 6918(b)) is amended--
                    (A) by striking ``subsection (a)'' and inserting 
                ``paragraph (1) or (3) of subsection (a)'';
                    (B) by striking subsection (c); and
                    (C) by redesignating subsection (d) as subsection 
                (c).
            (2) Rural utilities service administrator.--Section 
        232(b)(1) of the Department of Agriculture Reorganization Act of 
        1994 (7 U.S.C. 6942(b)(1)) is amended--
                    (A) by striking ``, by and with the advice and 
                consent of the Senate'';
                    (B) by striking paragraph (2); and
                    (C) <<NOTE: 5 USC 5315.>> 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) <<NOTE: 15 USC 1511 note.>>  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) <<NOTE: 10 USC 138 note.>>  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--

[[Page 126 STAT. 1284]]

                          (i) the Assistant Secretary of Defense for 
                      Networks and Information Integration; and
                          (ii) the Assistant Secretary of Defense for 
                      Public Affairs.
                    (C) Continued service of incumbents.--
                Notwithstanding the requirements of this paragraph, any 
                individual serving in a position described under 
                subparagraph (B) on the date of the enactment of this 
                Act may continue to serve in such position without 
                regard to the limitation imposed by the amendment in 
                subparagraph (A).
                    (D) <<NOTE: Deadline. Reports.>>  Plan for successor 
                positions.--Not later than 180 days after the date of 
                the enactment of this Act, the Secretary of Defense 
                shall report to the congressional defense committees on 
                his plan for successor positions, not subject to Senate 
                confirmation, for the positions eliminated in accordance 
                with the requirements of this paragraph.
            (2) Members of national security education board.--Section 
        803(b)(7) of the David L. Boren National Security Education Act 
        of 1991 (50 U.S.C. 1903(b)(7)) is amended by striking ``by and 
        with the advice and consent of the Senate,''.
            (3) Director of selective service.--Section 10(a)(3) of the 
        Selective Service Act of 1948 (50 U.S.C. App. 460(a)(3)) is 
        amended by striking ``, by and with the advice and consent of 
        the Senate''.

    (d) Department of Education.--
            (1) Assistant secretary for management.--Section 202(e) of 
        the Department of Education Organization Act (20 U.S.C. 3412(e)) 
        is amended by inserting after the first sentence the following: 
        ``Notwithstanding the previous sentence, the appointments of 
        individuals to serve as the Assistant Secretary for Management 
        shall not be subject to the advice and consent of the Senate.''.
            (2) Commissioner, education statistics.--Section 117(b) of 
        the Education Sciences Reform Act of 2002 (20 U.S.C. 9517(b)) is 
        amended by striking ``, by and with the advice and consent of 
        the Senate,''.

    (e) <<NOTE: 42 USC 3501a note.>>  Department of Health and Human 
Services.--
            (1) Assistant secretary for public affairs.--Notwithstanding 
        any other provision of law, the appointment of an individual to 
        serve as the Assistant Secretary for Public Affairs within the 
        Department of Health and Human Services shall not be subject to 
        the advice and consent of the Senate.

    (f) Department of Homeland Security.--
            (1) Director of the office for domestic preparedness; 
        assistant administrator of the federal emergency management 
        agency, grant programs.--Section 430(b) of the Homeland Security 
        Act of 2002 (6 U.S.C. 238(b)) is amended by striking ``, by and 
        with the advice and consent of the Senate''.
            (2) Administrator of the united states fire 
        administration.--Section 5(b) of the Federal Fire Prevention and 
        Control Act of 1974 (15 U.S.C. 2204(b)) is amended by striking 
        ``, by and with the advice and consent of the Senate,''.
            (3) Director of the office of counternarcotics 
        enforcement.--Section 878(a) of the Homeland Security Act of 
        2002 (6 U.S.C. 458(a)) is amended by striking ``, by and with 
        the advice and consent of the Senate''.

[[Page 126 STAT. 1285]]

            (4) Chief medical officer.--Section 516(a) of the Homeland 
        Security Act of 2002 (6 U.S.C. 321e(a)) is amended by striking 
        ``, by and with the advice and consent of the Senate''.
            (5) Assistant secretaries.--Section 103(a) of the Homeland 
        Security Act of 2002 (6 U.S.C. 113(a) is amended--
                    (A) by striking ``There'' and inserting ``(1) In 
                general.--Except as provided under paragraph (2), 
                there'';
                    (B) by redesignating paragraphs (1) through (10) as 
                subparagraphs (A) through (J), respectively; and
                    (C) by adding at the end the following:
            ``(2) Assistant secretaries.--If any of the Assistant 
        Secretaries referred to under paragraph (1)(I) is designated to 
        be the Assistant Secretary for Health Affairs, the Assistant 
        Secretary for Legislative Affairs, or the Assistant Secretary 
        for Public Affairs, that Assistant Secretary shall be appointed 
        by the President without the advice and consent of the 
        Senate.''.

    (g) Housing and Urban Development; Assistant Secretary for Public 
Affairs.--Section 4(a) of the Department of Housing and Urban 
Development Act (42 U.S.C. 3533(a)) is amended--
            (1) by inserting ``(1)'' after ``(a)'';
            (2) by striking ``eight'' and inserting ``7''; and
            (3) by adding at the end the following:

    ``(2) There shall be in the Department an Assistant Secretary for 
Public Affairs, who shall be appointed by the President and shall 
perform such functions, powers, and duties as the Secretary shall 
prescribe from time to time.''.
    (h) Department of Justice.--
            (1) Director, bureau of justice statistics.--Section 302(b) 
        of title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3732(b)) is amended by striking ``, by and with 
        the advice and consent of the Senate''.
            (2) Director, bureau of justice assistance.--Section 401(b) 
        of title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3741(b)) is amended by striking ``, by and with 
        the advice and consent of the Senate''.
            (3) Director, national institute of justice.--Section 202(b) 
        of title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3722(b)) is amended by striking ``, by and with 
        the advice and consent of the Senate''.
            (4) Administrator, office of juvenile justice and 
        delinquency prevention.--Section 201(b) of the Juvenile Justice 
        and Delinquency Prevention Act of 1974 (42 U.S.C. 5611(b)) is 
        amended by striking ``, by and with the advice and consent of 
        the Senate,''.
            (5) Director, office for victims of crime.--Section 1411(b) 
        of the Victims of Crime Act of 1984 (42 U.S.C. 10605(b)) is 
        amended by striking ``, by and with the advice and consent of 
        the Senate''.

    (i) <<NOTE: 29 USC 553 note.>>  Department of Labor.--
            (1) Assistant secretaries for administration and management 
        and public affairs.--Notwithstanding section 2 of the Act of 
        April 17, 1946 (29 U.S.C. 553), the appointment of individuals 
        to serve as the Assistant Secretary for Administration and 
        Management and the Assistant Secretary for Public Affairs within 
        the Department of Labor, shall not be subject to the advice and 
        consent of the Senate.

[[Page 126 STAT. 1286]]

            (2) Director of the women's bureau.--Section 2 of the Act of 
        June 5, 1920 (29 U.S.C. 12) is amended by striking ``, by and 
        with the advice and consent of the Senate''.

    (j) Department of State; Assistant Secretary for Public Affairs and 
Assistant Secretary for Administration.--Section 1(c)(1) of the State 
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(1)) is 
amended--
            (1) by striking ``, each of whom shall be appointed by the 
        President, by and with the advice and consent of the Senate, 
        and''; and
            (2) by adding at the end the following: ``Each Assistant 
        Secretary of State shall be appointed by the President, by and 
        with the advice and consent of the Senate, except that the 
        appointments of the Assistant Secretary for Public Affairs and 
        the Assistant Secretary for Administration shall not be subject 
        to the advice and consent of the Senate.''.

    (k) Department of Transportation.--
            (1) Assistant secretaries.--Section 102(e) of title 49, 
        United States Code, is amended--
                    (A) by striking ``(e) The Department'' and all that 
                follows through ``An Assistant Secretary'' and inserting 
                the following:

    ``(e) Assistant Secretaries; General Counsel.--
            ``(1) Appointment.--The Department has 5 Assistant 
        Secretaries and a General Counsel, including--
                    ``(A) an Assistant Secretary for Aviation and 
                International Affairs, an Assistant Secretary for 
                Governmental Affairs, and an Assistant Secretary for 
                Transportation Policy, who shall each be appointed by 
                the President, with the advice and consent of the 
                Senate;
                    ``(B) an Assistant Secretary for Budget and Programs 
                who shall be appointed by the President;
                    ``(C) an Assistant Secretary for Administration, who 
                shall be appointed by the Secretary, with the approval 
                of the President; and
                    ``(D) a General Counsel, who shall be appointed by 
                the President, with the advice and consent of the 
                Senate.
            ``(2) Duties and powers.--The officers set forth in 
        paragraph (1) shall carry out duties and powers prescribed by 
        the Secretary. An Assistant Secretary''.
            (2) Deputy administrator, federal aviation administration.--
        Section 106 of title 49, United States Code, is amended--
                    (A) in subsection (b), by striking ``. The 
                Administration has a Deputy Administrator. They are 
                appointed'' and inserting ``, who shall be appointed''; 
                and
                    (B) in subsection (d)(1), by striking ``The Deputy 
                Administrator must'' and inserting ``The Administration 
                has a Deputy Administrator, who shall be appointed by 
                the President. In making an appointment, the President 
                shall consider the fitness of the appointee to 
                efficiently carry out the duties and powers of the 
                office. The Deputy Administrator shall''.

    (l) Department of the Treasury.--
            (1) Assistant secretaries for public affairs and 
        management.--Section 301(e) of title 31, United States Code, is 
        amended--

[[Page 126 STAT. 1287]]

                    (A) by striking ``10 Assistant Secretaries'' and 
                inserting ``8 Assistant Secretaries''; and
                    (B) by inserting ``The Department shall have 2 
                Assistant Secretaries not subject to the advice and 
                consent of the Senate who shall be the Assistant 
                Secretary for Public Affairs, and the Assistant 
                Secretary for Management.'' after the first sentence.
            (2) Treasurer of the united states.--Section 301(d) of title 
        31, United States Code, is amended--
                    (A) by striking ``2 Deputy Under Secretaries, and a 
                Treasurer of the United States'' and inserting ``and 2 
                Deputy Under Secretaries'', and
                    (B) by inserting ``and a Treasurer of the United 
                States appointed by the President'' after ``Fiscal 
                Assistant Secretary appointed by the Secretary''.

    (m) Department of Veterans Affairs.--Section 308(a) of title 38, 
United States Code, is amended--
            (1) by striking ``There shall'' and inserting ``(1) There 
        shall'';
            (2) in paragraph (1), as designated by paragraph (1) of this 
        subsection, by striking ``Each Assistant'' and all that follows 
        through the period at the end; and
            (3) by adding at the end the following new paragraphs:

    ``(2) Except as provided in paragraph (3), each Assistant Secretary 
appointed under paragraph (1) shall be appointed by the President, by 
and with the advice and consent of the Senate.
    ``(3) The following Assistant Secretaries may be appointed without 
the advice and consent of the Senate:
            ``(A) The Assistant Secretary for Management.
            ``(B) The Assistant Secretary for Human Resources and 
        Administration.
            ``(C) The Assistant Secretary for Public and 
        Intergovernmental Affairs.
            ``(D) The Assistant Secretary for Operations, Security, and 
        Preparedness.''.

    (n) Appalachian Regional Commission; Alternate Federal Co-
Chairman.--Section 14301(b)(2) of title 40, United States Code, is 
amended by striking ``by and with the advice and consent of the 
Senate''.
    (o) Council of Economic Advisers, Members.--Section 10 of the 
Employment Act of 1946 (15 U.S.C. 1023) is amended by striking 
subsection (a) and inserting the following:
    ``(a) Creation; Composition; Qualifications; Chairman and Vice 
Chairman.--
            ``(1) Creation.--There is created in the Executive Office of 
        the President a Council of Economic Advisers (hereinafter called 
        the `Council').
            ``(2) Composition.--The Council shall be composed of three 
        members, of whom--
                    ``(A) 1 shall be the chairman who shall be appointed 
                by the President by and with the advice and consent of 
                the Senate; and
                    ``(B) 2 shall be appointed by the President.
            ``(3) Qualifications.--Each member shall be a person who, as 
        a result of training, experience, and attainments, is 
        exceptionally qualified to analyze and interpret economic 
        developments, to appraise programs and activities of the 
        Government in the light of the policy declared in section 2,

[[Page 126 STAT. 1288]]

        and to formulate and recommend national economic policy to 
        promote full employment, production, and purchasing power under 
        free competitive enterprise.
            ``(4) Vice chairman.--The President shall designate 1 of the 
        members of the Council as vice chairman, who shall act as 
        chairman in the absence of the chairman.''.

    (p) Corporation for National and Community Service; Managing 
Director.--Section 194(a)(1) of the National and Community Service Act 
of 1990 (42 U.S.C. 12651e(a)(1)) is amended by striking ``, by and with 
the advice and consent of the Senate''.
    (q) National Council on Disability Members.--Section 400(a)(1)(A) of 
the Rehabilitation Act of 1973 (29 U.S.C. 780(a)(1)(A)) is amended by 
striking ``, by and with the advice and consent of the Senate''.
    (r) National Foundation on the Arts and the Humanities; National 
Museum and Library Services Board; Members.--Section 207(b)(1) of the 
Museum and Library Services Act (20 U.S.C. 9105a(b)(1)) is amended--
            (1) in subparagraph (D), by striking ``, by and with the 
        advice and consent of the Senate''; and
            (2) in subparagraph (E), by striking ``, by and with the 
        advice and consent of the Senate''.

    (s) National Science Foundation; Board Members.--Section 4(a) of the 
National Science Foundation Act of 1950 (42 U.S.C. 1863(a)) is amended 
by striking ``, by and with the advice and consent of the Senate,''.
    (t) Office of National Drug Control Policy; Deputy Directors.--
Section 704(a)(1) of the Office of National Drug Control Policy 
Reauthorization Act of 1998 (21 U.S.C. 1703(a)(1)) is amended to read as 
follows:
            ``(1) In general.--
                    ``(A) Director.--The Director shall be appointed by 
                the President, by and with the advice and consent of the 
                Senate, and shall serve at the pleasure of the 
                President.
                    ``(B) Deputy directors.--The Deputy Director of 
                National Drug Control Policy, Deputy Director for Demand 
                Reduction, the Deputy Director for Supply Reduction, and 
                the Deputy Director for State, Local, and Tribal Affairs 
                shall each be appointed by the President and serve at 
                the pleasure of the President.
                    ``(C) Deputy director for demand reduction.--In 
                appointing the Deputy Director for Demand Reduction 
                under this paragraph, the President shall take into 
                consideration the scientific, educational, or 
                professional background of the individual, and whether 
                the individual has experience in the fields of substance 
                abuse prevention, education, or treatment.''.

    (u) Office of Navajo and Hopi Relocation; Commissioner.--Section 
12(b)(1) of Public Law 93-531 (25 U.S.C. 640d-11(b)(1)) is amended by 
striking ``by and with the advice and consent of the Senate''.
    (v) <<NOTE: 22 USC 2384 note.>>  United States Agency for 
International Development.--
            (1) Assistant administrator for management.--Notwithstanding 
        section 624(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2384(a)), the appointment by the President of the Assistant 
        Administrator for Management at the United States

[[Page 126 STAT. 1289]]

        Agency for International Development shall not be subject to the 
        advice and consent of the Senate.

    (w) Community Development Financial Institution Fund; 
Administrator.--Section 104(b)(1) of the Community Development Banking 
and Financial Institutions Act of 1994 (12 U.S.C. 4703(b)(1)) is amended 
by striking ``, by and with the advice and consent of the Senate''.
    (x) Department of Transportation; St. Lawrence Seaway Development 
Corporation; Administrator.--Subsection (a) of section 2 of the Act of 
May 13, 1954, referred to as the Saint Lawrence Seaway Act (33 U.S.C. 
982(a)) is amended by striking ``, by and with the advice and consent of 
the Senate, for a term of seven years''.
    (y) Mississippi River Commission; Commissioner.--Section 2 of the 
Act of June 28, 1879 (33 U.S.C. 642), is amended in the first sentence 
by striking ``, by and with the advice and consent of the Senate,''.
    (z) Governor and Alternate Governor of the African Development 
Bank.--
            (1) In general.--Section 1333 of the African Development 
        Bank Act (22 U.S.C. 290i-1) is amended--
                    (A) by redesignating subsections (b) and (c) as 
                subsections (c) and (d), respectively; and
                    (B) by striking ``(a) The President'' and all that 
                follows through ``The term of office'' and inserting the 
                following:

    ``(a) The President shall appoint a Governor and an Alternate 
Governor of the Bank--
            ``(1) by and with the advice and consent of the Senate; or
            ``(2) from among individuals serving as officials required 
        by law to be appointed by and with the advice and consent of the 
        Senate.

    ``(b) The term of office''.
            (2) Conforming amendments.--Section 1334 of such Act (22 
        U.S.C. 290i-2) is amended--
                    (A) by striking ``The Director or Alternate 
                Director'' and inserting the following:

    ``(b) The Director or Alternate Director''; and
                    (B) by inserting before subsection (b), as 
                redesignated, the following:

    ``(a) The President, by and with the advice and consent of the 
Senate, shall appoint a Director of the Bank.''.
    (aa) Governor and Alternate Governor of the Asian Development 
Bank.--Section 3(a) of the Asian Development Bank Act (22 U.S.C. 
285a(a)) is amended to read as follows:
    ``(a) The President shall appoint--
            ``(1) a Governor of the Bank and an alternate for the 
        Governor--
                    ``(A) by and with the advice and consent of the 
                Senate; or
                    ``(B) from among individuals serving as officials 
                required by law to be appointed by and with the advice 
                and consent of the Senate; and
            ``(2) a Director of the Bank, by and with the advice and 
        consent of the Senate.''.

[[Page 126 STAT. 1290]]

    (bb) Governor and Alternate Governor of the African Development 
Fund.--Section 203(a) of the African Development Fund Act (22 U.S.C. 
290g-1(a)) is amended to read as follows:
    ``(a) The President shall appoint a Governor, and an Alternate 
Governor, of the Fund--
            ``(1) by and with the advice and consent of the Senate; or
            ``(2) from among individuals serving as officials required 
        by law to be appointed by and with the advice and consent of the 
        Senate.''.

    (cc) National Board for Education Sciences; Members.--Section 
116(c)(1) of the Education Sciences Reform Act of 2002 (20 U.S.C. 
9516(c)(1)) is amended by striking ``, by and with the advice and 
consent of the Senate''.
    (dd) National Institute for Literacy Advisory Board; Members.--
Section 242(e)(1)(A) of the Adult Education and Family Literacy Act (20 
U.S.C. 9252(e)(1)(A)) is amended by striking ``with the advice and 
consent of the Senate''.
    (ee) Institute of American Indian and Alaska Native Culture and Arts 
Development; Member, Board of Trustees.--Section 1505 of the American 
Indian, Alaska Native, and Native Hawaiian Culture and Art Development 
Act (20 U.S.C. 4412(a)(1)(A)) is amended by striking ``by and with the 
advice and consent of the Senate''.
    (ff) Public Health Service Commissioned Officer Corps.--
            (1) Appointment.--Section 203(a)(3) of the Public Health 
        Service Act (42 U.S.C. 204(a)(3)) is amended by striking ``with 
        the advice and consent of the Senate''.
            (2) Promotions.--Section 210(a) of the Public Health Service 
        Act (42 U.S.C. 211(a)) is amended by striking ``, by and with 
        the advice and consent of the Senate''.

    (gg) National Oceanic and Atmospheric Administration Commissioned 
Officer Corps.--
            (1) Appointments and promotions to permanent grades.--
        Section 226 of the National Oceanic and Atmospheric 
        Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 
        3026) is amended by striking ``, by and with the advice and 
        consent of the Senate''.
            (2) Positions of importance and responsibility.--Section 
        228(d)(1) of such Act (33 U.S.C. 3028(d)(1)) is amended by 
        striking ``, by and with the advice and consent of the Senate''.
            (3) Temporary appointments and promotions generally.--
        Section 229 of such Act (33 U.S.C. 3029) is amended--
                    (A) by striking ``alone'' each place it appears; and
                    (B) in subsection (a), in the second sentence, by 
                striking ``unless the Senate sooner gives its advice and 
                consent to the appointment''.

    (hh) <<NOTE: 5 USC 3132 note.>>  Rule of Construction.--
Notwithstanding section 3132(a)(2) of title 5, United States Code, 
removal of Senate confirmation for any position in this section shall 
not--
            (1) result in any such position being placed in the Senior 
        Executive Service; or
            (2) alter compensation for any such position under the 
        Executive Schedule or other applicable compensation provisions 
        of law.

[[Page 126 STAT. 1291]]

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

    (a) In General.--Section 21 of the title 13, United States Code, is 
amended to read as follows:
``Sec. 21. Director of the Census; duties

    ``(a) Appointment.--
            ``(1) In general.--The Bureau shall be headed by a Director 
        of the Census, appointed by the President, by and with the 
        advice and consent of the Senate, without regard to political 
        affiliation.
            ``(2) Qualifications.--Such appointment shall be made from 
        individuals who have a demonstrated ability in managing large 
        organizations and experience in the collection, analysis, and 
        use of statistical data.

    ``(b) Term of Office.--
            ``(1) In general.--The term of office of the Director shall 
        be 5 years, and shall begin on January 1, 2012, and every fifth 
        year thereafter. An individual may not serve more than 2 full 
        terms as Director.
            ``(2) Vacancies.--Any individual appointed to fill a vacancy 
        in such position, occurring before the expiration of the term 
        for which such individual's predecessor was appointed, shall be 
        appointed for the remainder of that term. The Director may serve 
        after the end of the Director's term until reappointed or until 
        a successor has been appointed, but in no event longer than 1 
        year after the end of such term.
            ``(3) <<NOTE: Notification. Deadline.>>  Removal.--An 
        individual serving as Director may be removed from office by the 
        President. The President shall communicate in writing the 
        reasons for any such removal to both Houses of Congress not 
        later than 60 days before the removal.
            ``(4) Personnel actions.--Except as provided under paragraph 
        (3), nothing in this subsection shall prohibit a personnel 
        action otherwise authorized by law with respect to the Director 
        of the Census, other than removal.

    ``(c) Duties.--The Director shall perform such duties as may be 
imposed upon the Director by law, regulations, or orders of the 
Secretary.''.
    (b) <<NOTE: 13 USC 21 note.>>  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) <<NOTE: Deadline. Submission. 13 USC 21 note.>>  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

[[Page 126 STAT. 1292]]

Congress draft legislation containing any technical and conforming 
amendments to title 13, United States Code, and any other provisions 
which may be necessary to carry out the purposes of this section.
SEC. 4. WORKING GROUP ON STREAMLINING PAPERWORK FOR EXECUTIVE 
                    NOMINATIONS.

    (a) Establishment.--There is established the Working Group on 
Streamlining Paperwork for Executive Nominations (in this section 
referred to as the ``Working Group'').
    (b) Membership.--
            (1) Composition.--The Working Group shall be composed of--
                    (A) the chairperson who shall be--
                          (i) except as provided under clause (ii), the 
                      Director of the Office of Presidential Personnel; 
                      or
                          (ii) a Federal officer designated by the 
                      President;
                    (B) representatives designated by the President 
                from--
                          (i) the Office of Personnel Management;
                          (ii) the Office of Government Ethics; and
                          (iii) the Federal Bureau of Investigation; and
                    (C) individuals appointed by the chairperson of the 
                Working Group who have experience and expertise relating 
                to the Working Group, including--
                          (i) individuals from other relevant Federal 
                      agencies; and
                          (ii) individuals with relevant experience from 
                      previous presidential administrations.

    (c) Streamlining of Paperwork Required for Executive Nominations.--
            (1) <<NOTE: Deadline. Study. Reports.>>  In general.--Not 
        later than 90 days after the date of enactment of this Act, the 
        Working Group shall conduct a study and submit a report on the 
        streamlining of paperwork required for executive nominations 
        to--
                    (A) the President;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (C) the Committee on Rules and Administration of the 
                Senate.
            (2) Consultation with committees of the senate.--In 
        conducting the study under this section, the Working Group shall 
        consult with the chairperson and ranking member of the 
        committees referred to under paragraph (1) (B) and (C).
            (3) Contents.--
                    (A) In general.--The report submitted under this 
                section shall include--
                          (i) <<NOTE: Recommenda- tions.>>  
                      recommendations for the streamlining of paperwork 
                      required for executive nominations; and
                          (ii) <<NOTE: Plans.>>  a detailed plan for the 
                      creation and implementation of an electronic 
                      system for collecting and distributing background 
                      information from potential and actual Presidential 
                      nominees for positions which require appointment 
                      by and with the advice and consent of the Senate.
                    (B) Electronic system.--The electronic system 
                described under subparagraph (A)(ii) shall--
                          (i) provide for--

[[Page 126 STAT. 1293]]

                                    (I) less burden on potential 
                                nominees for positions which require 
                                appointment by and with the advice and 
                                consent of the Senate;
                                    (II) faster delivery of background 
                                information to Congress, the White 
                                House, the Federal Bureau of 
                                Investigation, Diplomatic Security, and 
                                the Office of Government Ethics; and
                                    (III) fewer errors of omission; and
                          (ii) ensure the existence and operation of a 
                      single, searchable form which shall be known as a 
                      ``Smart Form'' and shall--
                                    (I) be free to a nominee and easy to 
                                use;
                                    (II) make it possible for the 
                                nominee to answer all vetting questions 
                                one way, at a single time;
                                    (III) secure the information 
                                provided by a nominee;
                                    (IV) allow for multiple submissions 
                                over time, but always in the format 
                                requested by the vetting agency or 
                                entity;
                                    (V) be compatible across different 
                                computer platforms;
                                    (VI) make it possible to easily add, 
                                modify, or subtract vetting questions;
                                    (VII) allow error checking; and
                                    (VIII) allow the user to track the 
                                progress of a nominee in providing the 
                                required information.

    (d) Review of Background Investigation Requirements.--
            (1) In general.--The Working Group shall conduct a review of 
        the impact of background investigation requirements on the 
        appointments process.
            (2) Conduct of review.--In conducting the review, the 
        Working Group shall--
                    (A) <<NOTE: Assessment.>>  assess the feasibility of 
                using personnel other than Federal Bureau of 
                Investigation personnel, in appropriate circumstances, 
                to conduct background investigations of individuals 
                under consideration for positions appointed by the 
                President, by and with the advice and consent of the 
                Senate; and
                    (B) consider the extent to which the scope of the 
                background investigation conducted for an individual 
                under consideration for a position appointed by the 
                President, by and with the advice and consent of the 
                Senate, should be varied depending on the nature of the 
                position for which the individual is being considered.
            (3) Report.--Not later than 270 days after the date of 
        enactment of this Act, the Working Group shall submit a report 
        of the findings of the review under this subsection to--
                    (A) the President;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (C) the Committee on Rules and Administration of the 
                Senate.

    (e) Personnel Matters.--
            (1) Compensation of members.--
                    (A) Federal officers and employees.--Each member of 
                the Working Group who is a Federal officer or employee

[[Page 126 STAT. 1294]]

                shall serve without compensation in addition to that 
                received for their services as a Federal officer or 
                employee.
                    (B) Members not federal officers and employees.--
                Each member of the Working Group who is not a Federal 
                officer or employee shall not be compensated for 
                services performed for the Working Group.
            (2) Travel expenses.--The members of the Working Group shall 
        be allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies under 
        subchapter I of chapter 57 of title 5, United States Code, while 
        away from their homes or regular places of business in the 
        performance of services for the Working Group.
            (3) Staff.--
                    (A) In general.--The President may designate Federal 
                officers and employees to provide support services for 
                the Working Group.
                    (B) Detail of federal employees.--Any Federal 
                employee may be detailed to the Working Group without 
                reimbursement, and such detail shall be without 
                interruption or loss of civil service status or 
                privilege.

    (f) Non-Applicability of Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
Working Group established under this section.
    (g) Termination of the Working Group.--The Working Group shall 
terminate 60 days after the date on which the Working Group submits the 
latter of the 2 reports under this section.
SEC. 5. REPORT ON PRESIDENTIALLY APPOINTED POSITIONS.

    (a) Definitions.--In this section--
            (1) the term ``agency'' means an Executive agency defined 
        under section 105 of title 5, United States Code; and
            (2) the term ``covered position'' means a position in an 
        agency that requires appointment by the President without the 
        advice and consent of the Senate.

    (b) <<NOTE: Study.>>  In General.--Not later than 180 days after the 
date of enactment of this Act, the Government Accountability Office 
shall conduct a study and submit a report on covered positions to 
Congress and the President.

    (c) <<NOTE: Determination. Evaluation. Recommenda- tions.>>  
Contents.--The report submitted under this section shall include--
            (1) a determination of the number of covered positions in 
        each agency;
            (2) an evaluation of whether maintaining the total number of 
        covered positions is necessary;
            (3) an evaluation of the benefits and disadvantages of--
                    (A) eliminating certain covered positions;
                    (B) converting certain covered positions to career 
                positions or positions in the Senior Executive Service 
                that are not career reserved positions; and
                    (C) converting any categories of covered positions 
                to career positions;
            (4) the identification of--
                    (A) covered positions described under paragraph 
                (3)(A) and (B); and
                    (B) categories of covered positions described under 
                paragraph (3)(C); and

[[Page 126 STAT. 1295]]

            (5) any other recommendations relating to covered positions.
SEC. 6. EFFECTIVE DATE.

    (a) <<NOTE: 6 USC 113 note.>>  Presidential Appointments Not Subject 
to Senate Approval.--The <<NOTE: Applicability.>>  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) <<NOTE: 13 USC 21 note.>>  Director of the Census and Working 
Group.--The provisions of sections 3 and 4 (including any amendments 
made by those sections) shall take effect on the date of enactment of 
this Act.

    Approved August 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.

                                  <all>