II 118th CONGRESS 2d Session S. 5133 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.

1. Short title This Act may be cited as the Improving Senate Confirmation and Vacancy Oversight Act of 2024 . 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.