[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2043 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 157
117th CONGRESS
  1st Session
                                H. R. 2043

                      [Report No. 117-169, Part I]

 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 HOUSE OF REPRESENTATIVES

                             March 18, 2021

Mrs. Carolyn B. Maloney of New York (for herself, Mr. Connolly, and Mr. 
  Sarbanes) introduced the following bill; which was referred to the 
Committee on Oversight and Reform, and in addition to the Committee on 
House Administration, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

                            November 1, 2021

 Reported from the Committee on Oversight and Reform with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                               18, 2021]

                            November 1, 2021

Referral to the Committee on House Administration extended for a period 
                ending not later than November 30, 2021

                           November 30, 2021

Referral to the Committee on House Administration extended for a period 
                ending not later than December 10, 2021

                           December 13, 2021

Additional sponsors: Ms. Norton, Mr. Mfume, Ms. Ocasio-Cortez, and Mr. 
                            Castro of Texas

                           December 13, 2021

    Committee on House Administration discharged; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed

_______________________________________________________________________

                                 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.

    This Act may be cited as the ``Periodically Listing Updates to 
Management Act'' or the ``PLUM Act''.

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, 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 such 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, including 
                        the White House Office of Presidential 
                        Personnel.
            ``(2) Covered website.--The term `covered website' means 
        the website established and maintained by the Director under 
        subsection (b).
            ``(3) Director.--The term `Director' means the Director of 
        the Office of Personnel Management.
            ``(4) Appointee.--The term `appointee'--
                    ``(A) means an individual serving in a policy and 
                supporting position; and
                    ``(B) includes an individual serving in such a 
                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).
            ``(5) Policy and supporting position.--The term `policy and 
        supporting position' means--
                    ``(A) a position that requires appointment by the 
                President, by and with the advice and consent of the 
                Senate;
                    ``(B) a position that requires or permits 
                appointment by the President or Vice President, without 
                the advice and consent of the Senate;
                    ``(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);
                    ``(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;
                    ``(E) a position in the Senior Foreign Service;
                    ``(F) any career position at an agency that, but 
                for this section and section 2(b)(3) of the PLUM Act, 
                would be included in the publication entitled `United 
                States Government Policy and Supporting Positions', 
                commonly referred to as the `Plum Book'; and
                    ``(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.
    ``(b) Establishment of Website.--Not later than 1 year after the 
date of enactment of the PLUM Act, the Director shall establish, and 
thereafter maintain, a public website containing the following 
information for the President then in office and for each subsequent 
President:
            ``(1) Each policy and supporting position in the Federal 
        Government, including any such position that is vacant.
            ``(2) The name of each individual who--
                    ``(A) is serving in a position described in 
                paragraph (1); or
                    ``(B) previously served in a position described in 
                such paragraph under the applicable President.
            ``(3) Information on any Government-wide or agency-wide 
        limitation on the total number of positions in the Senior 
        Executive Service under section 3133 or 3132, and for the total 
        number of positions in Schedule C of subpart C of part 213 of 
        title 5, Code of Federal Regulations, and total number of 
        individuals occupying such positions.
    ``(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 such position 
        (if any);
            ``(4) the geographic location of the position, including 
        the city, State or province, and country;
            ``(5) the pay system under which the position is paid;
            ``(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 such appointee across positions;
            ``(10) whether the position is vacant, and in the case of a 
        vacancy, for positions for which appointment is required to be 
        made by the President by and with the advice and consent of the 
        Senate, the name of the acting official, and, for other 
        positions, the name of the official performing the duties of 
        the vacant position.
    ``(d) Current Data.--For each agency, the Director shall indicate 
the date that the agency last updated the data.
    ``(e) 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.
    ``(f) 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 pursuant to paragraph (4).
            ``(2) Requirements for agencies.--Not later than 1 year 
        after the date of enactment of the PLUM Act, 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 updates.--
                    ``(A) Not later than 90 days after the date the 
                covered website is established, and not less than once 
                during each 30 day 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 such 
                        positions in the agency; and
                            ``(iii) the former appointees who served in 
                        the agency under the President then in office.
                    ``(B) Information provided under subparagraph (A) 
                shall supplement, not supplant, previously provided 
                data under such subparagraph.
            ``(5) OPM help desk.--The Director shall establish a 
        central help desk, to be operated by not more than one full-
        time employee, to assist any agency with implementing this 
        section.
            ``(6) Coordination.--The Director may designate one or more 
        Federal agencies to participate in the development, 
        establishment, operation, and support of the covered website. 
        With respect to any such designation, the Director may specify 
        the scope of the responsibilities of the Federal agency so 
        designated.
            ``(7) Data standards and timing.--The Director shall make 
        available on the covered website information regarding on data 
        collection standards, quality assurance methods, and time 
        frames for reporting data to the Director.
            ``(8) Regulations.--The Director may prescribe regulations 
        necessary for the administration of this section.
    ``(g) Responsibility of Agencies.--
            ``(1) Provision of information.--Each agency shall comply 
        with the instructions and guidance issued by the Director to 
        carry out this Act, 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 
        (f)(2).
            ``(2) Ensuring completeness, accuracy, and reliability.--
        With respect to any submission of information described in 
        paragraph (1), the head of an agency shall include an 
        explanation of how the agency ensured the information is 
        complete, accurate, and reliable, and a certification that such 
        information is complete, accurate, and reliable.
    ``(h) Information Verification.--
            ``(1) 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. On the date of any such confirmation, the Director shall 
        publish on the covered website a certification that such 
        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.
    ``(i) 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.
    ``(j) Reports.--
            ``(1) In general.--Not less frequently than one year after 
        the covered website is established and not less than annually 
        thereafter, the Director, in coordination with the White House 
        Office of Presidential Personnel, shall publish a report on the 
        covered website that contains summary level information on the 
        demographics of any appointee. Such report shall provide such 
        information in a structured data format that is searchable, 
        sortable, and downloadable, makes use of common identifiers 
        wherever possible, and contains current and historical data 
        regarding such information.
            ``(2) Contents.--
                    ``(A) In general.--Each report published under 
                paragraph (1) shall include self-identified data on 
                race, ethnicity, tribal affiliation, gender, 
                disability, sexual orientation, veteran status, and 
                whether the appointee is over the age of 40 with 
                respect to each type of appointee. Such a report shall 
                allow for users of the covered website to view the type 
                of appointee by agency or component, along with these 
                self-identified data, alone and in combination, to the 
                greatest level detail possible without allowing the 
                identification of individual appointees.
                    ``(B) Option to not specify.--When collecting each 
                category of data described in subparagraph (A), each 
                appointee shall be allowed an option to not specify 
                with respect to any such category.
                    ``(C) Consultation.--The Director shall consult 
                with the Committee on Oversight and Reform of the House 
                of Representatives and the Committee on Homeland 
                Security and Governmental Affairs of the Senate 
                regarding reports published under this subsection and 
                the information in such reports to determine whether 
                the intent of this section is being fulfilled and if 
                additional information or other changes are needed for 
                such reports.
            ``(3) Exclusion of career positions.--For purposes of 
        applying the term `appointee' in this subsection, such term 
        does not include any individual appointed to a position 
        described in subsection (a)(5)(F).''.
            (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.''.
    (b) Other Matters.--
            (1) Authorization of appropriations.--There is authorized 
        to be appropriated $7,000,000, to remain available until 
        expended, for--
                    (A) developing the website under section 3330f(b) 
                of title 5, United States Code, as added by subsection 
                (a)(1); and
                    (B) updating any data system operated by, or under 
                the authority of, the Office of Personnel Management 
                that will be used to carry out such section.
            (2) GAO review and report.--Not later than 1 year after the 
        date such website is established, the Comptroller General shall 
        conduct a review, and issue a briefing or report, on the 
        implementation of this Act and the amendments made by this Act. 
        The review shall include--
                    (A) the quality of data required to be collected 
                and whether such data is complete, accurate, timely, 
                and reliable;
                    (B) any challenges experienced by agencies in 
                implementing this Act and the amendments made by this 
                Act; and
                    (C) any suggestions or modifications to enhance 
                compliance with this Act and the amendments made by 
                this Act, including best practices for agencies to 
                follow.
            (3) Sunset of plum book.--Beginning on January 1, 2024, 
        such website shall serve as the public directory for policy and 
        supporting positions in the Government, and the publication 
        entitled ``United States Government Policy and Supporting 
        Positions'', commonly referred to as the ``Plum Book'', shall 
        no longer be issued or published.
                                                 Union Calendar No. 157

117th CONGRESS

  1st Session

                               H. R. 2043

                      [Report No. 117-169, Part I]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           December 13, 2021

    Committee on House Administration discharged; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed