[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5133 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 5133

To establish a tracker for Senate-confirmed executive branch positions.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 19, 2024

  Mr. Peters (for himself and Mr. Lankford) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To establish a tracker for Senate-confirmed executive branch positions.

    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 ``Improving Senate Confirmation and 
Vacancy Oversight Act of 2024''.

SEC. 2. ESTABLISHMENT OF TRACKER FOR SENATE-CONFIRMED EXECUTIVE BRANCH 
              POSITIONS.

    (a) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) the Committee on Oversight and Accountability 
                of the House of Representatives.
            (2) Covered pas position.--The term ``covered PAS 
        position'' means a policy and supporting position (as defined 
        in section 3330f of title 5, United States Code) in an 
        executive branch agency for which appointment is made by the 
        President, by and with the advice and consent of the Senate.
            (3) Director of opm.--The term ``Director of OPM'' means 
        the Director of the Office of Personnel Management.
            (4) Executive branch agency.--The term ``executive branch 
        agency'' means an agency described in subparagraph (A) or (C) 
        of section 3330f(a)(1) of title 5, United States Code.
            (5) PAS tracker.--The term ``PAS Tracker'' means the Senate 
        Confirmed Position Tracker established under subsection (b)(1).
            (6) PLUM reporting website.--The term ``PLUM reporting 
        website'' means the website established and maintained under 
        section 3330f(b) of title 5, United States Code.
    (b) Establishment of Tracker.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Comptroller General of the United 
        States, in consultation with the Librarian of Congress, the 
        Director of OPM, and the Director of the Congressional Research 
        Service, shall publish on the public-facing website of the 
        Government Accountability Office a new interface or webpage, to 
        be known as the ``Senate Confirmed Position Tracker'', that 
        displays data, which shall be updated on not less than a weekly 
        basis, tracking covered PAS positions, including the 
        individuals occupying covered PAS positions and the status, 
        within the Senate advice and consent process, of individuals 
        nominated for covered PAS positions.
            (2) Design.--The Comptroller General shall ensure that the 
        PAS Tracker, in addition to tracking each covered PAS position 
        throughout the Senate advice and consent process, publishes 
        information, and displays the information through graphics and 
        charts, on trends and analyses of all covered PAS positions, 
        including--
                    (A) data and trends broken down by positions with 
                the same title, including the percentage of covered PAS 
                positions that--
                            (i) are occupied by an official confirmed 
                        by the Senate;
                            (ii) are occupied by an acting official; or
                            (iii) are not occupied by any official;
                    (B) data and trends broken down by Senate 
                committees of jurisdiction, including the percentage of 
                covered PAS positions that--
                            (i) are occupied by an official confirmed 
                        by the Senate;
                            (ii) are occupied by an acting official; or
                            (iii) are not occupied by any official;
                    (C) data and trends broken down by executive branch 
                agency and components thereof, including the percentage 
                of covered PAS positions that--
                            (i) are occupied by an official confirmed 
                        by the Senate;
                            (ii) are occupied by an acting official; or
                            (iii) are not occupied by any official; and
                    (D) the percentage of all covered PAS positions 
                that--
                            (i) are occupied by an official confirmed 
                        by the Senate;
                            (ii) are occupied by an acting official; or
                            (iii) are not occupied by any official.
            (3) Consistent information.--
                    (A) In general.--In establishing and maintaining 
                the PAS tracker, the Comptroller General shall--
                            (i) collect data from all executive branch 
                        agencies and components thereof; and
                            (ii) assess and utilize data available to 
                        the Comptroller General on covered PAS 
                        positions, including information provided by 
                        the Library of Congress and the Office of 
                        Personnel Management.
                    (B) Relation to plum reporting website.--The 
                Comptroller General and the Director of OPM shall work 
                in coordination to ensure that--
                            (i) all relevant information displayed on 
                        both the PLUM reporting website and the PAS 
                        Tracker is consistent and accurate; and
                            (ii) there is a process to both regularly 
                        review data across the 2 sources described in 
                        clause (i) and address any discrepancies in a 
                        timely fashion.
            (4) Data collected and published.--
                    (A) Coordination; data agreements.--To the maximum 
                extent practicable, the Comptroller General shall 
                coordinate with the Librarian of Congress, the Director 
                of OPM, and the Secretary of the Senate, and enter into 
                relevant data agreements with the Librarian of Congress 
                and the Director of OPM, to enable the Comptroller 
                General to carry out paragraph (3) and subparagraph (C) 
                of this paragraph and to facilitate the Secretary's 
                implementation of subparagraph (B)(ii) of this 
                paragraph.
                    (B) Information on new pas positions.--
                            (i) Reporting by committees.--Each 
                        committee of the Senate or the House of 
                        Representatives shall report to the Secretary 
                        of the Senate the titles and number of new 
                        covered PAS positions that would be created 
                        under--
                                    (I) any legislation that is ordered 
                                reported by the committee, not later 
                                than 30 days after the legislation is 
                                ordered reported; or
                                    (II) any amendment on the floor of 
                                the Senate or the House of 
                                Representatives, respectively, to 
                                legislation that is within the 
                                jurisdiction of the committee, not 
                                later than 30 days after the amendment 
                                is agreed to.
                            (ii) Reporting by secretary of the 
                        senate.--Annually, the Secretary of the Senate 
                        shall issue a report to Congress and the 
                        Comptroller General containing the titles and 
                        number of covered PAS positions that were 
                        created under legislation that was enacted into 
                        law during the year covered by the report.
                    (C) Data.--The Comptroller General shall collect, 
                and publish through the PAS Tracker in a searchable, 
                sortable, downloadable, machine-readable format, the 
                following data:
                            (i) Each covered PAS position, including--
                                    (I) any covered PAS position that 
                                has never been occupied or is not 
                                occupied as of the date of publication 
                                by an official confirmed by the Senate, 
                                including a covered PAS position 
                                identified under subparagraph (B)(ii); 
                                and
                                    (II) any covered PAS position on a 
                                board or commission that is 
                                administratively inactive, as indicated 
                                in the Federal Advisory Committee Act 
                                database.
                            (ii) For each covered PAS position, the 
                        following information:
                                    (I) All the information for the 
                                covered PAS position that is included 
                                on the PLUM reporting website pursuant 
                                to subsections (b) and (c) of section 
                                3330f of title 5, United States Code.
                                    (II) For any covered PAS position 
                                that is not occupied by an official 
                                confirmed by the Senate or an acting 
                                official--
                                            (aa) the dates on which the 
                                        acting official who most 
                                        recently served in the covered 
                                        PAS position, if any, began 
                                        serving and ceased serving, 
                                        respectively, in the covered 
                                        PAS position;
                                            (bb) the date on which an 
                                        individual was most recently 
                                        appointed to the covered PAS 
                                        position;
                                            (cc) the date on which a 
                                        nomination for the covered PAS 
                                        position was most recently 
                                        submitted to the Senate; and
                                            (dd) whether any statute 
                                        specific to the executive 
                                        branch agency governs the 
                                        filling of the position.
                                    (III) Each key Senate advice and 
                                consent process milestone collected on 
                                congress.gov, including the date of the 
                                nomination for the covered PAS 
                                position, the date of the nomination 
                                hearing, the date of the committee 
                                vote, the date of each vote of the 
                                Senate, and the date of final 
                                confirmation.
                                    (IV) The dates on which the 
                                official who most recently served in 
                                the covered PAS position began serving 
                                and ceased serving, respectively, in 
                                the covered PAS position, including in 
                                an acting capacity.
                                    (V) In the case of an acting 
                                official currently serving in the 
                                covered PAS position, if no nomination 
                                has extended the time limit under 
                                section 3346 of title 5, United States 
                                Code, and to the maximum extent 
                                practicable, the number of days for 
                                which the official may continue to 
                                serve in an acting capacity before 
                                violating such section 3346.
                    (D) Facilitation of collection and publication of 
                data.--
                            (i) FACA data.--In order to assist the 
                        Comptroller General in carrying out 
                        subparagraph (C)(i)(II), the Committee 
                        Management Secretariat of the General Services 
                        Administration shall provide information 
                        regarding any board or commission that is 
                        administratively inactive to the Comptroller 
                        General, the Director of OPM, and Congress not 
                        less than twice each year.
                            (ii) Agency-specific statutes governing 
                        filling vacant positions.--The Comptroller 
                        General shall carry out subparagraph 
                        (C)(ii)(II)(dd) in coordination with the 
                        applicable executive branch agency and the 
                        Office of Legal Counsel of the Department of 
                        Justice.
            (5) Coordination with opm regarding acting officials.--In 
        the case of an individual serving in a covered PAS position in 
        an acting capacity, the Comptroller General shall coordinate 
        with the Director of OPM to align, and resolve any 
        discrepancies between--
                    (A) information reported to the Office of Personnel 
                Management about the individual; and
                    (B) the information posted on the PAS Tracker about 
                the individual under paragraph (4)(C)(ii)(V).
            (6) Agency reports regarding positions without senate-
        confirmed officials.--For purposes of paragraph (4)(C)(ii)(V), 
        in the case of any covered PAS position that is not occupied by 
        an official confirmed by the Senate, the executive branch 
        agency shall report to the Comptroller General not later than 5 
        days after the date on which an individual is designated to 
        serve in the position in an acting capacity.
            (7) Agency reports regarding start and end dates.--Not 
        later than 10 days after the date on which an official begins 
        serving or ceases serving in a covered PAS position, including 
        in an acting capacity, the executive branch agency shall report 
        that start date or end date, respectively, to the Comptroller 
        General and the Director of OPM.
    (c) Position Unique Identifiers.--
            (1) Plan and process for implementation.--Not later than 1 
        year after the date of enactment of this Act, the Comptroller 
        General, in coordination with the Director of OPM, the 
        Librarian of Congress, and the Secretary of the Senate, shall 
        establish a plan and process for implementation of a unique 
        identifier for each covered PAS position that enables public-
        facing resources, including the PAS Tracker, the PLUM reporting 
        website, and congress.gov, to have consistent and accurate 
        information on covered PAS positions.
            (2) Congressional briefing.--No later than 30 days after 
        establishing the plan and process for implementation under 
        paragraph (1), the Comptroller General, the Director of OPM, 
        the Librarian of Congress, and the Secretary of the Senate 
        shall brief the appropriate congressional committees on the 
        plan and process for implementation.
    (d) Reports.--
            (1) Agency reports of senate-confirmed positions.--In 
        addition to updating the PAS Tracker, each year, on a date 
        determined by the Comptroller General in coordination with the 
        Director of OPM and taking into consideration the Director's 
        schedule for collecting data for the PLUM reporting website, 
        the head of each executive branch agency shall submit to the 
        Comptroller General and the Director of OPM the following 
        information:
                    (A) A list of each covered PAS position in the 
                executive branch agency, including identification of 
                any change to the title of any such covered PAS 
                position, along with the total number of covered PAS 
                positions in the executive branch agency.
                    (B) Each covered PAS position newly established in 
                the executive branch agency by statute since the 
                previous submission of information under this 
                paragraph.
                    (C) The number of covered PAS positions that each 
                covered PAS position in the executive branch agency 
                reports to.
            (2) GAO reports to congress on noncompliant agencies.--
        Annually, the Comptroller General shall submit to the 
        appropriate congressional committees a report that indicates 
        any executive branch agency that has not provided information, 
        or has provided incomplete information, under paragraph (1).
            (3) Biennial gao reports.--
                    (A) In general.--Not less frequently than once 
                every 2 years for 10 years, the Comptroller General 
                shall review the implementation of this section and 
                publish and submit to Congress a report containing the 
                findings of the review.
                    (B) Contents.--The Comptroller General shall 
                include in each review under subparagraph (A)--
                            (i) a review of the accuracy and timeliness 
                        of information provided in the PAS Tracker;
                            (ii) an analysis of all covered PAS 
                        positions, including--
                                    (I) an indication of any covered 
                                PAS position that is on an inactive 
                                board or commission within an executive 
                                branch agency or for which an 
                                individual has not been nominated or 
                                confirmed for a period of more than 8 
                                years, which may be a good candidate 
                                for elimination or for removal of the 
                                Senate advice and consent requirement;
                                    (II) an analysis of any impact 
                                vacancies in covered PAS positions have 
                                had on the performance and operation of 
                                executive branch agencies; and
                                    (III) recommendations for 
                                additional data needed to understand 
                                the impacts of vacancies in covered PAS 
                                positions;
                            (iii) a review of any challenges 
                        experienced by, and best practices used by, the 
                        Comptroller General, the Director of OPM, or 
                        executive branch agencies in quickly obtaining 
                        accurate information required to implement this 
                        section; and
                            (iv) a determination of--
                                    (I) each covered PAS position that 
                                was not occupied by an official 
                                confirmed by the Senate for any period 
                                of more than 365 days during the 
                                preceding 2-year period;
                                    (II) each covered PAS position that 
                                was not occupied by an official 
                                confirmed by the Senate or an acting 
                                official, and for which no individual 
                                had been nominated, for any period of 
                                more than 365 days during the preceding 
                                2-year period; and
                                    (III) any covered PAS position that 
                                may not need or benefit from the advice 
                                and consent of the Senate.
            (4) Committee briefings.--
                    (A) Initial briefing.--Not later than 1 year after 
                the date of enactment of this Act, the Comptroller 
                General shall brief the appropriate congressional 
                committees on the status of the development of the PAS 
                Tracker, including a review of--
                            (i) any difficulties the Comptroller 
                        General is experiencing in acquiring data 
                        needed to complete the PAS Tracker in 
                        accordance with this section; and
                            (ii) any challenges executive branch 
                        agencies have reported experiencing in 
                        providing the information required under this 
                        section.
                    (B) Second briefing.--Not later than 180 days after 
                the date on which the Comptroller General establishes 
                the PAS Tracker, the Comptroller General shall brief 
                the appropriate congressional committees on the status 
                of the PAS Tracker, including an assessment of--
                            (i) the implementation of the PAS Tracker; 
                        and
                            (ii) the key challenges and successes in 
                        implementing the PAS Tracker.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.
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