[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5133 Reported in Senate (RS)]
<DOC>
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Improving Senate
Confirmation and Vacancy Oversight Act of 2024''.</DELETED>
<DELETED>SEC. 2. ESTABLISHMENT OF TRACKER FOR SENATE-CONFIRMED
EXECUTIVE BRANCH POSITIONS.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Appropriate congressional committees.--The
term ``appropriate congressional committees'' means--</DELETED>
<DELETED> (A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and</DELETED>
<DELETED> (B) the Committee on Oversight and
Accountability of the House of
Representatives.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Director of opm.--The term ``Director of OPM''
means the Director of the Office of Personnel
Management.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (5) PAS tracker.--The term ``PAS Tracker'' means
the Senate Confirmed Position Tracker established under
subsection (b)(1).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Establishment of Tracker.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) data and trends broken down by
positions with the same title, including the percentage
of covered PAS positions that--</DELETED>
<DELETED> (i) are occupied by an official
confirmed by the Senate;</DELETED>
<DELETED> (ii) are occupied by an acting
official; or</DELETED>
<DELETED> (iii) are not occupied by any
official;</DELETED>
<DELETED> (B) data and trends broken down by Senate
committees of jurisdiction, including the percentage of
covered PAS positions that--</DELETED>
<DELETED> (i) are occupied by an official
confirmed by the Senate;</DELETED>
<DELETED> (ii) are occupied by an acting
official; or</DELETED>
<DELETED> (iii) are not occupied by any
official;</DELETED>
<DELETED> (C) data and trends broken down by
executive branch agency and components thereof,
including the percentage of covered PAS positions
that--</DELETED>
<DELETED> (i) are occupied by an official
confirmed by the Senate;</DELETED>
<DELETED> (ii) are occupied by an acting
official; or</DELETED>
<DELETED> (iii) are not occupied by any
official; and</DELETED>
<DELETED> (D) the percentage of all covered PAS
positions that--</DELETED>
<DELETED> (i) are occupied by an official
confirmed by the Senate;</DELETED>
<DELETED> (ii) are occupied by an acting
official; or</DELETED>
<DELETED> (iii) are not occupied by any
official.</DELETED>
<DELETED> (3) Consistent information.--</DELETED>
<DELETED> (A) In general.--In establishing and
maintaining the PAS tracker, the Comptroller General
shall--</DELETED>
<DELETED> (i) collect data from all
executive branch agencies and components
thereof; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Relation to plum reporting website.--
The Comptroller General and the Director of OPM shall
work in coordination to ensure that--</DELETED>
<DELETED> (i) all relevant information
displayed on both the PLUM reporting website
and the PAS Tracker is consistent and accurate;
and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) Data collected and published.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Information on new pas positions.--
</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (I) any legislation that
is ordered reported by the committee,
not later than 30 days after the
legislation is ordered reported;
or</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (C) Data.--The Comptroller General shall
collect, and publish through the PAS Tracker in a
searchable, sortable, downloadable, machine-readable
format, the following data:</DELETED>
<DELETED> (i) Each covered PAS position,
including--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (II) any covered PAS
position on a board or commission that
is administratively inactive, as
indicated in the Federal Advisory
Committee Act database.</DELETED>
<DELETED> (ii) For each covered PAS
position, the following information:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (II) For any covered PAS
position that is not occupied by an
official confirmed by the Senate or an
acting official--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (bb) the date on
which an individual was most
recently appointed to the
covered PAS position;</DELETED>
<DELETED> (cc) the date on
which a nomination for the
covered PAS position was most
recently submitted to the
Senate; and</DELETED>
<DELETED> (dd) whether any
statute specific to the
executive branch agency governs
the filling of the
position.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (D) Facilitation of collection and
publication of data.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) information reported to the Office of
Personnel Management about the individual;
and</DELETED>
<DELETED> (B) the information posted on the PAS
Tracker about the individual under paragraph
(4)(C)(ii)(V).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Position Unique Identifiers.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Reports.--</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Each covered PAS position newly
established in the executive branch agency by statute
since the previous submission of information under this
paragraph.</DELETED>
<DELETED> (C) The number of covered PAS positions
that each covered PAS position in the executive branch
agency reports to.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (3) Biennial gao reports.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Contents.--The Comptroller General
shall include in each review under subparagraph (A)--
</DELETED>
<DELETED> (i) a review of the accuracy and
timeliness of information provided in the PAS
Tracker;</DELETED>
<DELETED> (ii) an analysis of all covered
PAS positions, including--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (II) an analysis of any
impact vacancies in covered PAS
positions have had on the performance
and operation of executive branch
agencies; and</DELETED>
<DELETED> (III) recommendations for
additional data needed to understand
the impacts of vacancies in covered PAS
positions;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (iv) a determination of--
</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (III) any covered PAS
position that may not need or benefit
from the advice and consent of the
Senate.</DELETED>
<DELETED> (4) Committee briefings.--</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (i) any difficulties the
Comptroller General is experiencing in
acquiring data needed to complete the PAS
Tracker in accordance with this section;
and</DELETED>
<DELETED> (ii) any challenges executive
branch agencies have reported experiencing in
providing the information required under this
section.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) the implementation of the PAS
Tracker; and</DELETED>
<DELETED> (ii) the key challenges and
successes in implementing the PAS
Tracker.</DELETED>
<DELETED> (e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out this
section.</DELETED>
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 position in an executive branch agency for
which appointment is made by the President, by and with the
advice and consent of the Senate, including any such position
that is listed on the PLUM reporting website.
(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.
(7) Position unique identifier.--The term ``position unique
identifier'' means a unique number associated with a covered
PAS position that does not change with a modification of the
duties or title of the covered PAS position.
(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.--Not later than 180 days after establishing the
PAS Tracker, 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--
(I) information provided by the
Library of Congress; and
(II) information provided by the
Office of Personnel Management through
the PLUM reporting website.
(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 or eliminated pas positions,
changes to committee of jurisdiction, and changes to
privileged calendar.--
(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--
(I) covered PAS positions under the
jurisdiction of the committee that are
created or eliminated (including
through removal of the Senate advice
and consent requirement or elimination
of the position entirely) under any
legislation enacted into law, not later
than 30 days after the date of
enactment;
(II) covered PAS positions that are
added to or removed from the
jurisdiction of the committee, not
later than 30 days after the date of
the addition or removal; and
(III) covered PAS positions under
the jurisdiction of the committee that
are added to or removed from the list
of positions entitled to expedited
procedures under section 2 of Senate
Resolution 116 (112th Congress), agreed
to June 29, 2011 (commonly known as the
``Privileged Calendar''), not later
than 30 days after the date of the
addition or removal.
(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--
(I) covered PAS positions that were
created or eliminated under legislation
enacted into law during the year
covered by the report;
(II) covered PAS positions for
which the committee of jurisdiction of
the Senate or the House of
Representatives changed during the year
covered by the report; and
(III) covered PAS positions that
were added to or removed from the
Privileged Calendar 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 how the
executive branch agency can
fill 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 position
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 providing information to the Comptroller General
under subsection (b)(3)(A)(i), 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 and the position unique
identifier for the covered PAS position established
under subsection (c), 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) 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 4
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;
(ii) a review of any challenges experienced
by the Comptroller General in quickly obtaining
accurate information required to implement this
section; and
(iii) 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.
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