II 

Calendar No. 745 

118TH CONGRESS 

2D SESSION S. 5133 

[Report No. 118–325] 

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

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 19, 2024 

Mr. PETERS (for himself, Mr. LANKFORD, and Ms. KLOBUCHAR) introduced 

the following bill; which was read twice and referred to the Committee 

on Homeland Security and Governmental Affairs 

DECEMBER 19 (legislative day, DECEMBER 16), 2024 

Reported by Mr. PETERS, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To establish a tracker for Senate-confirmed executive branch 

positions. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Improving Senate Con5 firmation and Vacancy Oversight Act of 2024’’. 


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1 SEC. 2. ESTABLISHMENT OF TRACKER FOR SENATE-CON2 FIRMED EXECUTIVE BRANCH POSITIONS. 

3 (a) DEFINITIONS.—In this section: 

4 (1) APPROPRIATE CONGRESSIONAL COMMIT5 TEES.—The term ‘‘appropriate congressional com6 mittees’’ means— 

7 (A) the Committee on Homeland Security 

8 and Governmental Affairs of the Senate; and 

9 (B) the Committee on Oversight and Ac10 countability of the House of Representatives. 

11 (2) COVERED PAS POSITION.—The term ‘‘cov12 ered PAS position’’ means a policy and supporting 

13 position (as defined in section 3330f of title 5, 

14 United States Code) in an executive branch agency 

15 for which appointment is made by the President, by 

16 and with the advice and consent of the Senate. 

17 (3) DIRECTOR OF OPM.—The term ‘‘Director of 

18 OPM’’ means the Director of the Office of Personnel 

19 Management. 

20 (4) EXECUTIVE BRANCH AGENCY.—The term 

21 ‘‘executive branch agency’’ means an agency de22 scribed in subparagraph (A) or (C) of section 

23 3330f(a)(1) of title 5, United States Code. 

24 (5) PAS TRACKER.—The term ‘‘PAS Tracker’’ 

25 means the Senate Confirmed Position Tracker estab26 lished under subsection (b)(1). 


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1 (6) PLUM REPORTING WEBSITE.—The term 

2 ‘‘PLUM reporting website’’ means the website estab3 lished and maintained under section 3330f(b) of title 

4 5, United States Code. 

5 (b) ESTABLISHMENT OF TRACKER.— 

6 (1) IN GENERAL.—Not later than 2 years after 

7 the date of enactment of this Act, the Comptroller 

8 General of the United States, in consultation with 

9 the Librarian of Congress, the Director of OPM, 

10 and the Director of the Congressional Research 

11 Service, shall publish on the public-facing website of 

12 the Government Accountability Office a new inter13 face or webpage, to be known as the ‘‘Senate Con14 firmed Position Tracker’’, that displays data, which 

15 shall be updated on not less than a weekly basis, 

16 tracking covered PAS positions, including the indi17 viduals occupying covered PAS positions and the 

18 status, within the Senate advice and consent process, 

19 of individuals nominated for covered PAS positions. 

20 (2) DESIGN.—The Comptroller General shall 

21 ensure that the PAS Tracker, in addition to track22 ing each covered PAS position throughout the Sen23 ate advice and consent process, publishes informa24 tion, and displays the information through graphics 


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1 and charts, on trends and analyses of all covered 

2 PAS positions, including— 

3 (A) data and trends broken down by posi4 tions with the same title, including the percent5 age of covered PAS positions that— 

6 (i) are occupied by an official con7 firmed by the Senate; 

8 (ii) are occupied by an acting official; 

9 or 

10 (iii) are not occupied by any official; 

11 (B) data and trends broken down by Sen12 ate committees of jurisdiction, including the 

13 percentage of covered PAS positions that— 

14 (i) are occupied by an official con15 firmed by the Senate; 

16 (ii) are occupied by an acting official; 

17 or 

18 (iii) are not occupied by any official; 

19 (C) data and trends broken down by execu20 tive branch agency and components thereof, in21 cluding the percentage of covered PAS positions 

22 that— 

23 (i) are occupied by an official con24 firmed by the Senate; 


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1 (ii) are occupied by an acting official; 

2 or 

3 (iii) are not occupied by any official; 

4 and 

5 (D) the percentage of all covered PAS po6 sitions that— 

7 (i) are occupied by an official con8 firmed by the Senate; 

9 (ii) are occupied by an acting official; 

10 or 

11 (iii) are not occupied by any official. 

12 (3) CONSISTENT INFORMATION.— 

13 (A) IN GENERAL.—In establishing and 

14 maintaining the PAS tracker, the Comptroller 

15 General shall— 

16 (i) collect data from all executive 

17 branch agencies and components thereof; 

18 and 

19 (ii) assess and utilize data available to 

20 the Comptroller General on covered PAS 

21 positions, including information provided 

22 by the Library of Congress and the Office 

23 of Personnel Management. 

24 (B) RELATION TO PLUM REPORTING

25 WEBSITE.—The Comptroller General and the 


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1 Director of OPM shall work in coordination to 

2 ensure that— 

3 (i) all relevant information displayed 

4 on both the PLUM reporting website and 

5 the PAS Tracker is consistent and accu6 rate; and 

7 (ii) there is a process to both regu8 larly review data across the 2 sources de9 scribed in clause (i) and address any dis10 crepancies in a timely fashion. 

11 (4) DATA COLLECTED AND PUBLISHED.— 

12 (A) COORDINATION; DATA AGREEMENTS.— 

13 To the maximum extent practicable, the Comp14 troller General shall coordinate with the Librar15 ian of Congress, the Director of OPM, and the 

16 Secretary of the Senate, and enter into relevant 

17 data agreements with the Librarian of Congress 

18 and the Director of OPM, to enable the Comp19 troller General to carry out paragraph (3) and 

20 subparagraph (C) of this paragraph and to fa21 cilitate the Secretary’s implementation of sub22 paragraph (B)(ii) of this paragraph. 

23 (B) INFORMATION ON NEW PAS POSI24 TIONS.— 


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1 (i) REPORTING BY COMMITTEES.— 

2 Each committee of the Senate or the 

3 House of Representatives shall report to 

4 the Secretary of the Senate the titles and 

5 number of new covered PAS positions that 

6 would be created under— 

7 (I) any legislation that is ordered 

8 reported by the committee, not later 

9 than 30 days after the legislation is 

10 ordered reported; or 

11 (II) any amendment on the floor 

12 of the Senate or the House of Rep13 resentatives, respectively, to legisla14 tion that is within the jurisdiction of 

15 the committee, not later than 30 days 

16 after the amendment is agreed to. 

17 (ii) REPORTING BY SECRETARY OF

18 THE SENATE.—Annually, the Secretary of 

19 the Senate shall issue a report to Congress 

20 and the Comptroller General containing 

21 the titles and number of covered PAS posi22 tions that were created under legislation 

23 that was enacted into law during the year 

24 covered by the report. 


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1 (C) DATA.—The Comptroller General shall 

2 collect, and publish through the PAS Tracker 

3 in a searchable, sortable, downloadable, ma4 chine-readable format, the following data: 

5 (i) Each covered PAS position, includ6 ing— 

7 (I) any covered PAS position 

8 that has never been occupied or is not 

9 occupied as of the date of publication 

10 by an official confirmed by the Sen11 ate, including a covered PAS position 

12 identified under subparagraph (B)(ii); 

13 and 

14 (II) any covered PAS position on 

15 a board or commission that is admin16 istratively inactive, as indicated in the 

17 Federal Advisory Committee Act data18 base. 

19 (ii) For each covered PAS position, 

20 the following information: 

21 (I) All the information for the 

22 covered PAS position that is included 

23 on the PLUM reporting website pur24 suant to subsections (b) and (c) of 


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1 section 3330f of title 5, United States 

2 Code. 

3 (II) For any covered PAS posi4 tion that is not occupied by an official 

5 confirmed by the Senate or an acting 

6 official— 

7 (aa) the dates on which the 

8 acting official who most recently 

9 served in the covered PAS posi10 tion, if any, began serving and 

11 ceased serving, respectively, in 

12 the covered PAS position; 

13 (bb) the date on which an 

14 individual was most recently ap15 pointed to the covered PAS posi16 tion; 

17 (cc) the date on which a 

18 nomination for the covered PAS 

19 position was most recently sub20 mitted to the Senate; and 

21 (dd) whether any statute 

22 specific to the executive branch 

23 agency governs the filling of the 

24 position. 


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1 (III) Each key Senate advice and 

2 consent process milestone collected on 

3 congress.gov, including the date of the 

4 nomination for the covered PAS posi5 tion, the date of the nomination hear6 ing, the date of the committee vote, 

7 the date of each vote of the Senate, 

8 and the date of final confirmation. 

9 (IV) The dates on which the offi10 cial who most recently served in the 

11 covered PAS position began serving 

12 and ceased serving, respectively, in 

13 the covered PAS position, including in 

14 an acting capacity. 

15 (V) In the case of an acting offi16 cial currently serving in the covered 

17 PAS position, if no nomination has 

18 extended the time limit under section 

19 3346 of title 5, United States Code, 

20 and to the maximum extent prac21 ticable, the number of days for which 

22 the official may continue to serve in 

23 an acting capacity before violating 

24 such section 3346. 


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1 (D) FACILITATION OF COLLECTION AND

2 PUBLICATION OF DATA.— 

3 (i) FACA DATA.—In order to assist 

4 the Comptroller General in carrying out 

5 subparagraph (C)(i)(II), the Committee 

6 Management Secretariat of the General 

7 Services Administration shall provide infor8 mation regarding any board or commission 

9 that is administratively inactive to the 

10 Comptroller General, the Director of OPM, 

11 and Congress not less than twice each 

12 year. 

13 (ii) AGENCY-SPECIFIC STATUTES GOV14 ERNING FILLING VACANT POSITIONS.—The 

15 Comptroller General shall carry out sub16 paragraph (C)(ii)(II)(dd) in coordination 

17 with the applicable executive branch agen18 cy and the Office of Legal Counsel of the 

19 Department of Justice. 

20 (5) COORDINATION WITH OPM REGARDING ACT21 ING OFFICIALS.—In the case of an individual serving 

22 in a covered PAS position in an acting capacity, the 

23 Comptroller General shall coordinate with the Direc24 tor of OPM to align, and resolve any discrepancies 

25 between— 


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1 (A) information reported to the Office of 

2 Personnel Management about the individual; 

3 and 

4 (B) the information posted on the PAS 

5 Tracker about the individual under paragraph 

6 (4)(C)(ii)(V). 

7 (6) AGENCY REPORTS REGARDING POSITIONS

8 WITHOUT SENATE-CONFIRMED OFFICIALS.—For 

9 purposes of paragraph (4)(C)(ii)(V), in the case of 

10 any covered PAS position that is not occupied by an 

11 official confirmed by the Senate, the executive 

12 branch agency shall report to the Comptroller Gen13 eral not later than 5 days after the date on which 

14 an individual is designated to serve in the position 

15 in an acting capacity. 

16 (7) AGENCY REPORTS REGARDING START AND

17 END DATES.—Not later than 10 days after the date 

18 on which an official begins serving or ceases serving 

19 in a covered PAS position, including in an acting ca20 pacity, the executive branch agency shall report that 

21 start date or end date, respectively, to the Comp22 troller General and the Director of OPM. 

23 (c) POSITION UNIQUE IDENTIFIERS.— 

24 (1) PLAN AND PROCESS FOR IMPLEMENTA25 TION.—Not later than 1 year after the date of enVerDate Sep 11 2014 00:47 Dec 21, 2024 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6401 E:\BILLS\S5133.RS S5133

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1 actment of this Act, the Comptroller General, in co2 ordination with the Director of OPM, the Librarian 

3 of Congress, and the Secretary of the Senate, shall 

4 establish a plan and process for implementation of 

5 a unique identifier for each covered PAS position 

6 that enables public-facing resources, including the 

7 PAS Tracker, the PLUM reporting website, and 

8 congress.gov, to have consistent and accurate infor9 mation on covered PAS positions. 

10 (2) CONGRESSIONAL BRIEFING.—No later than 

11 30 days after establishing the plan and process for 

12 implementation under paragraph (1), the Comp13 troller General, the Director of OPM, the Librarian 

14 of Congress, and the Secretary of the Senate shall 

15 brief the appropriate congressional committees on 

16 the plan and process for implementation. 

17 (d) REPORTS.— 

18 (1) AGENCY REPORTS OF SENATE-CONFIRMED

19 POSITIONS.—In addition to updating the PAS 

20 Tracker, each year, on a date determined by the 

21 Comptroller General in coordination with the Direc22 tor of OPM and taking into consideration the Direc23 tor’s schedule for collecting data for the PLUM re24 porting website, the head of each executive branch 


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1 agency shall submit to the Comptroller General and 

2 the Director of OPM the following information: 

3 (A) A list of each covered PAS position in 

4 the executive branch agency, including identi5 fication of any change to the title of any such 

6 covered PAS position, along with the total num7 ber of covered PAS positions in the executive 

8 branch agency. 

9 (B) Each covered PAS position newly es10 tablished in the executive branch agency by 

11 statute since the previous submission of infor12 mation under this paragraph. 

13 (C) The number of covered PAS positions 

14 that each covered PAS position in the executive 

15 branch agency reports to. 

16 (2) GAO REPORTS TO CONGRESS ON NON17 COMPLIANT AGENCIES.—Annually, the Comptroller 

18 General shall submit to the appropriate congres19 sional committees a report that indicates any execu20 tive branch agency that has not provided informa21 tion, or has provided incomplete information, under 

22 paragraph (1). 

23 (3) BIENNIAL GAO REPORTS.— 

24 (A) IN GENERAL.—Not less frequently 

25 than once every 2 years for 10 years, the 


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1 Comptroller General shall review the implemen2 tation of this section and publish and submit to 

3 Congress a report containing the findings of the 

4 review. 

5 (B) CONTENTS.—The Comptroller General 

6 shall include in each review under subparagraph 

7 (A)— 

8 (i) a review of the accuracy and time9 liness of information provided in the PAS 

10 Tracker; 

11 (ii) an analysis of all covered PAS po12 sitions, including— 

13 (I) an indication of any covered 

14 PAS position that is on an inactive 

15 board or commission within an execu16 tive branch agency or for which an in17 dividual has not been nominated or 

18 confirmed for a period of more than 8 

19 years, which may be a good candidate 

20 for elimination or for removal of the 

21 Senate advice and consent require22 ment; 

23 (II) an analysis of any impact va24 cancies in covered PAS positions have 


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1 had on the performance and operation 

2 of executive branch agencies; and 

3 (III) recommendations for addi4 tional data needed to understand the 

5 impacts of vacancies in covered PAS 

6 positions; 

7 (iii) a review of any challenges experi8 enced by, and best practices used by, the 

9 Comptroller General, the Director of OPM, 

10 or executive branch agencies in quickly ob11 taining accurate information required to 

12 implement this section; and 

13 (iv) a determination of— 

14 (I) each covered PAS position 

15 that was not occupied by an official 

16 confirmed by the Senate for any pe17 riod of more than 365 days during the 

18 preceding 2-year period; 

19 (II) each covered PAS position 

20 that was not occupied by an official 

21 confirmed by the Senate or an acting 

22 official, and for which no individual 

23 had been nominated, for any period of 

24 more than 365 days during the pre25 ceding 2-year period; and 


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1 (III) any covered PAS position 

2 that may not need or benefit from the 

3 advice and consent of the Senate. 

4 (4) COMMITTEE BRIEFINGS.— 

5 (A) INITIAL BRIEFING.—Not later than 1 

6 year after the date of enactment of this Act, the 

7 Comptroller General shall brief the appropriate 

8 congressional committees on the status of the 

9 development of the PAS Tracker, including a 

10 review of— 

11 (i) any difficulties the Comptroller 

12 General is experiencing in acquiring data 

13 needed to complete the PAS Tracker in ac14 cordance with this section; and 

15 (ii) any challenges executive branch 

16 agencies have reported experiencing in pro17 viding the information required under this 

18 section. 

19 (B) SECOND BRIEFING.—Not later than 

20 180 days after the date on which the Comp21 troller General establishes the PAS Tracker, 

22 the Comptroller General shall brief the appro23 priate congressional committees on the status of 

24 the PAS Tracker, including an assessment of— 


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1 (i) the implementation of the PAS 

2 Tracker; and 

3 (ii) the key challenges and successes 

4 in implementing the PAS Tracker. 

5 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated such sums as may be 

7 necessary to carry out this section. 

8 SECTION 1. SHORT TITLE. 

9 This Act may be cited as the ‘‘Improving Senate Con10 firmation and Vacancy Oversight Act of 2024’’. 

11 SEC. 2. ESTABLISHMENT OF TRACKER FOR SENATE-CON12 FIRMED EXECUTIVE BRANCH POSITIONS. 

13 (a) DEFINITIONS.—In this section: 

14 (1) APPROPRIATE CONGRESSIONAL COMMIT15 TEES.—The term ‘‘appropriate congressional commit16 tees’’ means— 

17 (A) the Committee on Homeland Security 

18 and Governmental Affairs of the Senate; and 

19 (B) the Committee on Oversight and Ac20 countability of the House of Representatives. 

21 (2) COVERED PAS POSITION.—The term ‘‘covered 

22 PAS position’’ means a position in an executive 

23 branch agency for which appointment is made by the 

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


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1 Senate, including any such position that is listed on 

2 the PLUM reporting website. 

3 (3) DIRECTOR OF OPM.—The term ‘‘Director of 

4 OPM’’ means the Director of the Office of Personnel 

5 Management. 

6 (4) EXECUTIVE BRANCH AGENCY.—The term ‘‘ex7 ecutive branch agency’’ means an agency described in 

8 subparagraph (A) or (C) of section 3330f(a)(1) of title 

9 5, United States Code. 

10 (5) PAS TRACKER.—The term ‘‘PAS Tracker’’ 

11 means the Senate Confirmed Position Tracker estab12 lished under subsection (b)(1). 

13 (6) PLUM REPORTING WEBSITE.—The term 

14 ‘‘PLUM reporting website’’ means the website estab15 lished and maintained under section 3330f(b) of title 

16 5, United States Code. 

17 (7) POSITION UNIQUE IDENTIFIER.—The term 

18 ‘‘position unique identifier’’ means a unique number 

19 associated with a covered PAS position that does not 

20 change with a modification of the duties or title of the 

21 covered PAS position. 

22 (b) ESTABLISHMENT OF TRACKER.— 

23 (1) IN GENERAL.—Not later than 2 years after 

24 the date of enactment of this Act, the Comptroller 

25 General of the United States, in consultation with the 


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1 Librarian of Congress, the Director of OPM, and the 

2 Director of the Congressional Research Service, shall 

3 publish on the public-facing website of the Govern4 ment Accountability Office a new interface or 

5 webpage, to be known as the ‘‘Senate Confirmed Posi6 tion Tracker’’, that displays data, which shall be up7 dated on not less than a weekly basis, tracking cov8 ered PAS positions, including the individuals occu9 pying covered PAS positions and the status, within 

10 the Senate advice and consent process, of individuals 

11 nominated for covered PAS positions. 

12 (2) DESIGN.—Not later than 180 days after es13 tablishing the PAS Tracker, the Comptroller General 

14 shall ensure that the PAS Tracker, in addition to 

15 tracking each covered PAS position throughout the 

16 Senate advice and consent process, publishes informa17 tion, and displays the information through graphics 

18 and charts, on trends and analyses of all covered PAS 

19 positions, including— 

20 (A) data and trends broken down by posi21 tions with the same title, including the percent22 age of covered PAS positions that— 

23 (i) are occupied by an official con24 firmed by the Senate; 


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1 (ii) are occupied by an acting official; 

2 or 

3 (iii) are not occupied by any official; 

4 (B) data and trends broken down by Senate 

5 committees of jurisdiction, including the percent6 age of covered PAS positions that— 

7 (i) are occupied by an official con8 firmed by the Senate; 

9 (ii) are occupied by an acting official; 

10 or 

11 (iii) are not occupied by any official; 

12 (C) data and trends broken down by execu13 tive branch agency and components thereof, in14 cluding the percentage of covered PAS positions 

15 that— 

16 (i) are occupied by an official con17 firmed by the Senate; 

18 (ii) are occupied by an acting official; 

19 or 

20 (iii) are not occupied by any official; 

21 and 

22 (D) the percentage of all covered PAS posi23 tions that— 

24 (i) are occupied by an official con25 firmed by the Senate; 


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1 (ii) are occupied by an acting official; 

2 or 

3 (iii) are not occupied by any official. 

4 (3) CONSISTENT INFORMATION.— 

5 (A) IN GENERAL.—In establishing and 

6 maintaining the PAS tracker, the Comptroller 

7 General shall— 

8 (i) collect data from all executive 

9 branch agencies and components thereof; 

10 and 

11 (ii) assess and utilize data available to 

12 the Comptroller General on covered PAS po13 sitions, including— 

14 (I) information provided by the 

15 Library of Congress; and 

16 (II) information provided by the 

17 Office of Personnel Management 

18 through the PLUM reporting website. 

19 (B) RELATION TO PLUM REPORTING

20 WEBSITE.—The Comptroller General and the Di21 rector of OPM shall work in coordination to en22 sure that— 

23 (i) all relevant information displayed 

24 on both the PLUM reporting website and 


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1 the PAS Tracker is consistent and accurate; 

2 and 

3 (ii) there is a process to both regularly 

4 review data across the 2 sources described in 

5 clause (i) and address any discrepancies in 

6 a timely fashion. 

7 (4) DATA COLLECTED AND PUBLISHED.— 

8 (A) COORDINATION; DATA AGREEMENTS.— 

9 To the maximum extent practicable, the Comp10 troller General shall coordinate with the Librar11 ian of Congress, the Director of OPM, and the 

12 Secretary of the Senate, and enter into relevant 

13 data agreements with the Librarian of Congress 

14 and the Director of OPM, to enable the Comp15 troller General to carry out paragraph (3) and 

16 subparagraph (C) of this paragraph and to fa17 cilitate the Secretary’s implementation of sub18 paragraph (B)(ii) of this paragraph. 

19 (B) INFORMATION ON NEW OR ELIMINATED

20 PAS POSITIONS, CHANGES TO COMMITTEE OF JU21 RISDICTION, AND CHANGES TO PRIVILEGED CAL22 ENDAR.— 

23 (i) REPORTING BY COMMITTEES.— 

24 Each committee of the Senate or the House 

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1 retary of the Senate the titles and number 

2 of— 

3 (I) covered PAS positions under 

4 the jurisdiction of the committee that 

5 are created or eliminated (including 

6 through removal of the Senate advice 

7 and consent requirement or elimi8 nation of the position entirely) under 

9 any legislation enacted into law, not 

10 later than 30 days after the date of en11 actment; 

12 (II) covered PAS positions that 

13 are added to or removed from the juris14 diction of the committee, not later than 

15 30 days after the date of the addition 

16 or removal; and 

17 (III) covered PAS positions under 

18 the jurisdiction of the committee that 

19 are added to or removed from the list 

20 of positions entitled to expedited proce21 dures under section 2 of Senate Resolu22 tion 116 (112th Congress), agreed to 

23 June 29, 2011 (commonly known as 

24 the ‘‘Privileged Calendar’’), not later 


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1 than 30 days after the date of the addi2 tion or removal. 

3 (ii) REPORTING BY SECRETARY OF

4 THE SENATE.—Annually, the Secretary of 

5 the Senate shall issue a report to Congress 

6 and the Comptroller General containing the 

7 titles and number of— 

8 (I) covered PAS positions that 

9 were created or eliminated under legis10 lation enacted into law during the year 

11 covered by the report; 

12 (II) covered PAS positions for 

13 which the committee of jurisdiction of 

14 the Senate or the House of Representa15 tives changed during the year covered 

16 by the report; and 

17 (III) covered PAS positions that 

18 were added to or removed from the 

19 Privileged Calendar during the year 

20 covered by the report. 

21 (C) DATA.—The Comptroller General shall 

22 collect, and publish through the PAS Tracker in 

23 a searchable, sortable, downloadable, machine24 readable format, the following data: 


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1 (i) Each covered PAS position, includ2 ing— 

3 (I) any covered PAS position that 

4 has never been occupied or is not occu5 pied as of the date of publication by an 

6 official confirmed by the Senate, in7 cluding a covered PAS position identi8 fied under subparagraph (B)(ii); and 

9 (II) any covered PAS position on 

10 a board or commission that is admin11 istratively inactive, as indicated in the 

12 Federal Advisory Committee Act data13 base. 

14 (ii) For each covered PAS position, the 

15 following information: 

16 (I) All the information for the 

17 covered PAS position that is included 

18 on the PLUM reporting website pursu19 ant to subsections (b) and (c) of section 

20 3330f of title 5, United States Code. 

21 (II) For any covered PAS posi22 tion that is not occupied by an official 

23 confirmed by the Senate or an acting 

24 official— 


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1 (aa) the dates on which the 

2 acting official who most recently 

3 served in the covered PAS posi4 tion, if any, began serving and 

5 ceased serving, respectively, in the 

6 covered PAS position; 

7 (bb) the date on which an in8 dividual was most recently ap9 pointed to the covered PAS posi10 tion; 

11 (cc) the date on which a 

12 nomination for the covered PAS 

13 position was most recently sub14 mitted to the Senate; and 

15 (dd) whether any statute spe16 cific to the executive branch agen17 cy governs how the executive 

18 branch agency can fill the posi19 tion. 

20 (III) Each key Senate advice and 

21 consent process milestone collected on 

22 congress.gov, including the date of the 

23 nomination for the covered PAS posi24 tion, the date of the nomination hear25 ing, the date of the committee vote, the 


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1 date of each vote of the Senate, and the 

2 date of final confirmation. 

3 (IV) The dates on which the offi4 cial who most recently served in the 

5 covered PAS position began serving 

6 and ceased serving, respectively, in the 

7 covered PAS position, including in an 

8 acting capacity. 

9 (V) In the case of an acting offi10 cial currently serving in the covered 

11 PAS position, if no nomination has ex12 tended the time limit under section 

13 3346 of title 5, United States Code, 

14 and to the maximum extent prac15 ticable, the number of days for which 

16 the official may continue to serve in an 

17 acting capacity before violating such 

18 section 3346. 

19 (D) FACILITATION OF COLLECTION AND

20 PUBLICATION OF DATA.— 

21 (i) FACA DATA.—In order to assist the 

22 Comptroller General in carrying out sub23 paragraph (C)(i)(II), the Committee Man24 agement Secretariat of the General Services 

25 Administration shall provide information 


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•S 5133 RS

1 regarding any board or commission that is 

2 administratively inactive to the Comptroller 

3 General, the Director of OPM, and Congress 

4 not less than twice each year. 

5 (ii) AGENCY-SPECIFIC STATUTES GOV6 ERNING FILLING VACANT POSITIONS.—The 

7 Comptroller General shall carry out sub8 paragraph (C)(ii)(II)(dd) in coordination 

9 with the applicable executive branch agency 

10 and the Office of Legal Counsel of the De11 partment of Justice. 

12 (5) COORDINATION WITH OPM REGARDING ACT13 ING OFFICIALS.—In the case of an individual serving 

14 in a covered PAS position in an acting capacity, the 

15 Comptroller General shall coordinate with the Direc16 tor of OPM to align, and resolve any discrepancies 

17 between— 

18 (A) information reported to the Office of 

19 Personnel Management about the individual; 

20 and 

21 (B) the information posted on the PAS 

22 Tracker about the individual under paragraph 

23 (4)(C)(ii)(V). 

24 (6) AGENCY REPORTS REGARDING POSITIONS

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•S 5133 RS

1 poses of paragraph (4)(C)(ii)(V), in the case of any 

2 covered PAS position that is not occupied by an offi3 cial confirmed by the Senate, the executive branch 

4 agency shall report to the Comptroller General not 

5 later than 5 days after the date on which an indi6 vidual is designated to serve in the position in an 

7 acting capacity. 

8 (7) AGENCY REPORTS REGARDING START AND

9 END DATES.—Not later than 10 days after the date 

10 on which an official begins serving or ceases serving 

11 in a covered PAS position, including in an acting ca12 pacity, the executive branch agency shall report that 

13 start date or end date, respectively, to the Comptroller 

14 General and the Director of OPM. 

15 (c) POSITION UNIQUE IDENTIFIERS.— 

16 (1) PLAN AND PROCESS FOR IMPLEMENTA17 TION.—Not later than 1 year after the date of enact18 ment of this Act, the Comptroller General, in coordi19 nation with the Director of OPM, the Librarian of 

20 Congress, and the Secretary of the Senate, shall estab21 lish a plan and process for implementation of a posi22 tion unique identifier for each covered PAS position 

23 that enables public-facing resources, including the 

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•S 5133 RS

1 gress.gov, to have consistent and accurate information 

2 on covered PAS positions. 

3 (2) CONGRESSIONAL BRIEFING.—No later than 

4 30 days after establishing the plan and process for 

5 implementation under paragraph (1), the Comptroller 

6 General, the Director of OPM, the Librarian of Con7 gress, and the Secretary of the Senate shall brief the 

8 appropriate congressional committees on the plan and 

9 process for implementation. 

10 (d) REPORTS.— 

11 (1) AGENCY REPORTS OF SENATE-CONFIRMED

12 POSITIONS.—In addition to providing information to 

13 the Comptroller General under subsection (b)(3)(A)(i), 

14 each year, on a date determined by the Comptroller 

15 General in coordination with the Director of OPM 

16 and taking into consideration the Director’s schedule 

17 for collecting data for the PLUM reporting website, 

18 the head of each executive branch agency shall submit 

19 to the Comptroller General and the Director of OPM 

20 the following information: 

21 (A) A list of each covered PAS position in 

22 the executive branch agency and the position 

23 unique identifier for the covered PAS position 

24 established under subsection (c), including iden25 tification of any change to the title of any such 


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1 covered PAS position, along with the total num2 ber of covered PAS positions in the executive 

3 branch agency. 

4 (B) Each covered PAS position newly estab5 lished in the executive branch agency by statute 

6 since the previous submission of information 

7 under this paragraph. 

8 (C) The number of covered PAS positions 

9 that each covered PAS position in the executive 

10 branch agency reports to. 

11 (2) GAO REPORTS TO CONGRESS ON NONCOMPLI12 ANT AGENCIES.—Annually, the Comptroller General 

13 shall submit to the appropriate congressional commit14 tees a report that indicates any executive branch 

15 agency that has not provided information, or has pro16 vided incomplete information, under paragraph (1). 

17 (3) BIENNIAL GAO REPORTS.— 

18 (A) IN GENERAL.—Not less frequently than 

19 once every 2 years for 10 years, the Comptroller 

20 General shall review the implementation of this 

21 section and publish and submit to Congress a re22 port containing the findings of the review. 

23 (B) CONTENTS.—The Comptroller General 

24 shall include in each review under subparagraph 

25 (A)— 


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1 (i) an analysis of all covered PAS po2 sitions, including— 

3 (I) an indication of any covered 

4 PAS position that is on an inactive 

5 board or commission within an execu6 tive branch agency or for which an in7 dividual has not been nominated or 

8 confirmed for a period of more than 4 

9 years, which may be a good candidate 

10 for elimination or for removal of the 

11 Senate advice and consent require12 ment; 

13 (II) an analysis of any impact 

14 vacancies in covered PAS positions 

15 have had on the performance and oper16 ation of executive branch agencies; and 

17 (III) recommendations for addi18 tional data needed to understand the 

19 impacts of vacancies in covered PAS 

20 positions; 

21 (ii) a review of any challenges experi22 enced by the Comptroller General in quickly 

23 obtaining accurate information required to 

24 implement this section; and 

25 (iii) a determination of— 


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1 (I) each covered PAS position 

2 that was not occupied by an official 

3 confirmed by the Senate for any period 

4 of more than 365 days during the pre5 ceding 2-year period; 

6 (II) each covered PAS position 

7 that was not occupied by an official 

8 confirmed by the Senate or an acting 

9 official, and for which no individual 

10 had been nominated, for any period of 

11 more than 365 days during the pre12 ceding 2-year period; and 

13 (III) any covered PAS position 

14 that may not need or benefit from the 

15 advice and consent of the Senate. 

16 (4) COMMITTEE BRIEFINGS.— 

17 (A) INITIAL BRIEFING.—Not later than 1 

18 year after the date of enactment of this Act, the 

19 Comptroller General shall brief the appropriate 

20 congressional committees on the status of the de21 velopment of the PAS Tracker, including a re22 view of— 

23 (i) any difficulties the Comptroller 

24 General is experiencing in acquiring data 


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•S 5133 RS

1 needed to complete the PAS Tracker in ac2 cordance with this section; and 

3 (ii) any challenges executive branch 

4 agencies have reported experiencing in pro5 viding the information required under this 

6 section. 

7 (B) SECOND BRIEFING.—Not later than 180 

8 days after the date on which the Comptroller 

9 General establishes the PAS Tracker, the Comp10 troller General shall brief the appropriate con11 gressional committees on the status of the PAS 

12 Tracker, including an assessment of— 

13 (i) the implementation of the PAS 

14 Tracker; and 

15 (ii) the key challenges and successes in 

16 implementing the PAS Tracker. 


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Calendar No. 745 

118TH CONGRESS 

2D SESSION S. 5133 

[Report No. 118–325] 

A BILL 

To establish a tracker for Senate-confirmed 

executive branch positions. 

DECEMBER 19 (legislative day, DECEMBER 16), 2024 

Reported with an amendment 


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