[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3896 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 597
116th CONGRESS
  2d Session
                                S. 3896

                          [Report No. 116-302]

 To amend title 5, United States Code, to require the Director of the 
   Office of Personnel Management to establish and maintain a public 
directory of the individuals occupying Government policy and supporting 
                   positions, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 4, 2020

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

                           November 30, 2020

                Reported by Mr. Johnson, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
 To amend title 5, United States Code, to require the Director of the 
   Office of Personnel Management to establish and maintain a public 
directory of the individuals occupying Government policy and supporting 
                   positions, and for other purposes.

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

SECTION 1. SHORT TITLE; PURPOSES.

    (a) Short Title.--This Act may be cited as the ``Periodically 
Listing Updates to Management Act of 2020'' or the ``PLUM Act of 
2020''.
    (b) Purposes.--The purposes of this Act are to--
            (1) modernize the practice of publishing the ``Plum Book,'' 
        which has occurred nearly every 4 years since 1952, and 
        contains data on more than 9,000 Federal civil service 
        leadership and support positions in the legislative and 
        executive branches of the Government that may be subject to 
        noncompetitive appointment;
            (2) enhance transparency by reporting who is serving in the 
        Government and making policy decisions; and
            (3) improve the frequency, accuracy, and accessibility of 
        data on the individuals filling Government policy and 
        supporting positions.

SEC. 2. ESTABLISHMENT OF PUBLIC WEBSITE ON GOVERNMENT POLICY AND 
              SUPPORTING POSITIONS.

    (a) Establishment.--
            (1) In general.--Subchapter I of chapter 33 of title 5, 
        United States Code, is amended by adding at the end the 
        following:
``Sec. 3330f. Government policy and supporting position data
    ``(a) Definitions.--In this section:
            ``(1) Agency.--The term `agency' means--
                    ``(A) any Executive agency, including the United 
                States Postal Service and the Postal Regulatory 
                Commission;
                    ``(B) the Architect of the Capitol, the Government 
                Accountability Office, the Government Publishing 
                Office, and the Library of Congress; and
                    ``(C) the Executive Office of the President and any 
                component within that Office (including any successor 
                component), including--
                            ``(i) the Council of Economic Advisors;
                            ``(ii) the Council on Environmental 
                        Quality;
                            ``(iii) the National Security Council;
                            ``(iv) the Office of the Vice President;
                            ``(v) the Office of Policy Development;
                            ``(vi) the Office of Administration;
                            ``(vii) the Office of Management and 
                        Budget;
                            ``(viii) the Office of the United States 
                        Trade Representative;
                            ``(ix) the Office of Science and Technology 
                        Policy;
                            ``(x) the Office of National Drug Control 
                        Policy; and
                            ``(xi) the White House Office.
            ``(2) Appointee.--The term `appointee'--
                    ``(A) means an individual serving in a policy and 
                supporting position; and
                    ``(B) includes an individual serving in a policy 
                and supporting position temporarily in an acting 
                capacity in accordance with--
                            ``(i) sections 3345 through 3349d (commonly 
                        referred to as the `Federal Vacancies Reform 
                        Act of 1998');
                            ``(ii) any other statutory provision 
                        described in section 3347(a)(1); or
                            ``(iii) a Presidential appointment 
                        described in section 3347(a)(2).
            ``(3) Covered website.--The term `covered website' means 
        the website established and maintained by the Director under 
        subsection (b).
            ``(4) Director.--The term `Director' means the Director of 
        the Office of Personnel Management.
        <DELETED>    ``(5) Policy and supporting position.--The term 
        `policy and supporting position' means--</DELETED>
                <DELETED>    ``(A) a position that requires appointment 
                by the President, by and with the advice and consent of 
                the Senate;</DELETED>
                <DELETED>    ``(B) a position that requires or permits 
                appointment by the President or Vice President, without 
                the advice and consent of the Senate;</DELETED>
                <DELETED>    ``(C) a position occupied by a limited 
                term appointee, limited emergency appointee, or 
                noncareer appointee in the Senior Executive Service, as 
                defined under paragraphs (5), (6), and (7), 
                respectively, of section 3132(a);</DELETED>
                <DELETED>    ``(D) a position of a confidential or 
                policy-determining character under schedule C of 
                subpart C of part 213 of title 5, Code of Federal 
                Regulations, or any successor regulation;</DELETED>
                <DELETED>    ``(E) a position in the Senior Foreign 
                Service;</DELETED>
                <DELETED>    ``(F) any career position at an agency 
                that, but for this section and section 2(b)(4) of the 
                PLUM Act of 2020, would be included in the publication 
                entitled `United States Government Policy and 
                Supporting Positions' (commonly referred to as the 
                `Plum Book'); and</DELETED>
                <DELETED>    ``(G) any other position classified at or 
                above level GS-14 of the General Schedule (or 
                equivalent) that is excepted from the competitive 
                service by law because of the confidential or policy-
                determining nature of the position duties.</DELETED>
            ``(5) Policy and supporting position.--The term `policy and 
        supporting position'--
                    ``(A) means any position at an agency, as 
                determined by the Director, that, but for this section 
                and section 2(b)(4) of the PLUM Act of 2020, would be 
                included in the publication entitled `United States 
                Government Policy and Supporting Positions' (commonly 
                referred to as the `Plum Book'); and
                    ``(B) may include--
                            ``(i) a position on any level of the 
                        Executive Schedule under subchapter II of 
                        chapter 53, or another position with an 
                        equivalent rate of pay;
                            ``(ii) a general position (as defined in 
                        section 3132(a)(9)) in the Senior Executive 
                        service;
                            ``(iii) a position in the Senior Foreign 
                        Service;
                            ``(iv) a position of a confidential or 
                        policy-determining character under schedule C 
                        of subpart C of part 213 of title 5, Code of 
                        Federal Regulations, or any successor 
                        regulation; and
                            ``(v) any other position classified at or 
                        above level GS-14 of the General Schedule (or 
                        equivalent) that is excepted from the 
                        competitive service by law because of the 
                        confidential or policy-determining nature of 
                        the position duties.
    ``(b) Establishment of Website.--The Director shall establish and 
maintain a public website containing the following information:
            ``(1) Each policy and supporting position in the Federal 
        Government, including any such position that is vacant.
            ``(2) Each individual who--
                    ``(A) is serving in a position described in 
                paragraph (1); or
                    ``(B) previously served in a position described in 
                paragraph (1) under the President then in office.
    ``(c) Contents.--With respect to any policy and supporting position 
listed on the covered website, the Director shall include--
            ``(1) the agency and agency component (including the agency 
        and bureau code used by the Office of Management and Budget) in 
        which the position is located;
            ``(2) the name of the position;
            ``(3) the name of the individual occupying the position (if 
        any);
            ``(4) the geographic location of the position, including 
        the city, State or province, and country;
            ``(5) the pay system for the position;
            ``(6) the level, grade, or rate of pay;
            ``(7) the term or duration of the appointment (if any);
            ``(8) the expiration date, in the case of a time-limited 
        appointment;
            ``(9) a unique identifier for each appointee to enable 
        tracking the appointee across positions; and
            ``(10) whether the position is vacant.
    ``(d) Format.--The Director shall make the data on the covered 
website available to the public at no cost over the internet in a 
searchable, sortable, downloadable, and machine-readable format so that 
the data qualifies as an open Government data asset, as defined in 
section 3502 of title 44.
    ``(e) Authority of Director.--
            ``(1) Information required.--Each agency shall provide to 
        the Director any information that the Director determines 
        necessary to establish and maintain the covered website, 
        including the information uploaded under paragraph (4).
            ``(2) Requirements for agencies.--Not later than 1 year 
        after the date of enactment of the PLUM Act of 2020, the 
        Director shall issue instructions to agencies with specific 
        requirements for the provision or uploading of information 
        required under paragraph (1), including--
                    ``(A) specific data standards that an agency shall 
                follow to ensure that the information is complete, 
                accurate, and reliable;
                    ``(B) data quality assurance methods; and
                    ``(C) the timeframe during which an agency shall 
                provide or upload the information, including the 
                timeframe described under paragraph (4).
            ``(3) Public accountability.--The Director shall identify 
        on the covered website any agency that has failed to provide--
                    ``(A) the information required by the Director;
                    ``(B) complete, accurate, and reliable information; 
                or
                    ``(C) the information during the timeframe 
                specified by the Director.
            ``(4) Monthly biennial updates.--
                    ``(A) In general.--Not later than 90 days after the 
                date on which the covered website is established, and 
                not less than once during each 30-day period 2-year 
                period thereafter, the head of each agency shall upload 
                to the covered website updated information (if any) 
                on--
                            ``(i) the policy and supporting positions 
                        in the agency;
                            ``(ii) the appointees occupying those 
                        positions in the agency; and
                            ``(iii) the former appointees who served in 
                        policy and supporting positions in the agency 
                        under the President then in office.
                    ``(B) Supplement not supplant.--Information 
                provided under subparagraph (A) shall supplement, not 
                supplant, data previously provided under that 
                subparagraph.
            ``(5) OPM help desk.--The Director shall establish a 
        central help desk, to be operated by not more than 1 full-time 
        employee, to assist any agency with implementing this section.
            ``(6) Coordination.--
                    ``(A) 18F office.--The Director shall consult with 
                the 18F office (or any successor office) within the 
                General Services Administration for purposes of the 
                development, establishment, operation, and support of 
                the covered website.
                    ``(B) Designation of agencies.--The Director--
                            ``(i) may designate 1 or more agencies to 
                        participate in the development, establishment, 
                        operation, and support of the covered website; 
                        and
                            ``(ii) with respect to any such 
                        designation, may specify the scope of the 
                        responsibilities of the agency so designated.
    ``(f) Responsibility of Agencies.--
            ``(1) Provision of information.--Each agency shall comply 
        with the instructions and guidance issued by the Director to 
        carry out this section, and, upon request of the Director, 
        shall provide appropriate assistance to the Director to ensure 
        the successful operation of the covered website in the manner 
        and within the timeframe specified by the Director under 
        subsection (e)(2).
            ``(2) Ensuring completeness, accuracy, and reliability.--
        The head of an agency shall include with any submission of 
        information described in paragraph (1)--
                    ``(A) an explanation of how the agency ensured the 
                information is complete, accurate, and reliable; and
                    ``(B) a certification that the information is 
                complete, accurate, and reliable.
    ``(g) Information Verification.--
        <DELETED>    ``(1) Semiannual confirmation.--</DELETED>
                <DELETED>    ``(A) In general.--Not less frequently 
                than semiannually, the Director, in coordination with 
                the White House Office of Presidential Personnel, shall 
                confirm that the information on the covered website is 
                complete, accurate, reliable, and up-to-date.</DELETED>
            ``(1) Confirmation.--
                    ``(A) In general.--On the date that is 90 days 
                after the date on which the covered website is 
                established, the Director, in coordination with the 
                White House Office of Presidential Personnel, shall 
                confirm that the information on the covered website is 
                complete, accurate, reliable, and up-to-date.
                    ``(B) Certification.--On the date on which the 
                Director makes a confirmation under subparagraph (A), 
                the Director shall publish on the covered website a 
                certification that the confirmation has been made.
            ``(2) Authority of director.--In carrying out paragraph 
        (1), the Director may--
                    ``(A) request additional information from an 
                agency; and
                    ``(B) use any additional information provided to 
                the Director or the White House Office of Presidential 
                Personnel for the purposes of verification.
            ``(3) Public comment.--The Director shall establish a 
        process under which members of the public may provide feedback 
        regarding the accuracy of the information on the covered 
        website.
    ``(h) Data Archiving.--
            ``(1) In general.--As soon as practicable after a 
        transitional inauguration day (as defined in section 3349a), 
        the Director, in consultation with the Archivist of the United 
        States, shall archive the data that was compiled on the covered 
        website for the preceding presidential administration.
            ``(2) Public availability.--The Director shall make the 
        data described in paragraph (1) publicly available over the 
        internet--
                    ``(A) on, or through a link on, the covered 
                website;
                    ``(B) at no cost; and
                    ``(C) in a searchable, sortable, downloadable, and 
                machine-readable format.''.
            (2) Clerical amendment.--The table of sections for 
        subchapter I of chapter 33 of title 5, United States Code, is 
        amended by adding at the end the following:

``3330f. Government policy and supporting position data.''.
            (3) Deadline.--Not later than 1 year after the date of 
        enactment of this Act, the Director of the Office of Personnel 
        Management shall establish the website required under section 
        3330f(b) of title 5, United States Code, as added by subsection 
        (a)(1).
    (b) Other Matters.--
            (1) Definitions.--In this subsection, the terms ``agency'', 
        ``covered website'', and ``policy and supporting position'' 
        have the meanings given those terms in section 3330f of title 
        5, United States Code, as added by subsection (a)(1).
            (2) Authorization of appropriations.-- There is authorized 
        to be appropriated $10,000,000, There are authorized to be 
        appropriated such sums as may be necessary, to remain available 
        until expended, for developing the covered website under 
        section 3330f(b) of title 5, United States Code, as added by 
        subsection (a)(1).
            (3) GAO review and report.--
                    (A) In general.--Not later than 1 year after the 
                date on which the covered website is established, the 
                Comptroller General of the United States shall conduct 
                a review of, and issue a briefing or report on, the 
                implementation of this Act and the amendments made by 
                this Act.
                    (B) Contents.--The review conducted under 
                subparagraph (A) shall include--
                            (i) the quality of data collected and 
                        whether the data is complete, accurate, timely, 
                        and reliable;
                            (ii) any challenges experienced by agencies 
                        in implementing this Act and the amendments 
                        made by this Act; and
                            (iii) any suggestions or modifications to 
                        enhance compliance with this Act and the 
                        amendments made by this Act, including best 
                        practices for agencies to follow.
            (4) Sunset of plum book.--Beginning on January 1, 2024--
                    (A) the covered website shall serve as the public 
                directory for policy and supporting positions in the 
                Government; and
                    (B) the publication entitled ``United States 
                Government Policy and Supporting Positions'', commonly 
                referred to as the ``Plum Book'', shall no longer be 
                issued or published.
                                                       Calendar No. 597

116th CONGRESS

  2d Session

                                S. 3896

                          [Report No. 116-302]

_______________________________________________________________________

                                 A BILL

 To amend title 5, United States Code, to require the Director of the 
   Office of Personnel Management to establish and maintain a public 
directory of the individuals occupying Government policy and supporting 
                   positions, and for other purposes.

_______________________________________________________________________

                           November 30, 2020

                        Reported with amendments