[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4207 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 4207

  To amend title 5, United States Code, to direct the Director of the 
 Office of Personnel Management to make publicly available demographic 
  information regarding political appointees, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 28, 2021

 Ms. Ocasio-Cortez (for herself, Mr. Castro of Texas, and Mrs. Carolyn 
   B. Maloney of New York) introduced the following bill; which was 
           referred to the Committee on Oversight and Reform

_______________________________________________________________________

                                 A BILL


 
  To amend title 5, United States Code, to direct the Director of the 
 Office of Personnel Management to make publicly available demographic 
  information regarding political appointees, 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 ``Political Appointments Inclusion and 
Diversity Act''.

SEC. 2. DEMOGRAPHIC DATA ON POLITICAL APPOINTEES.

    (a) In General.--Subchapter I of chapter 33 of title 5, United 
States Code, is amended by adding at the end the following:
``Sec. 3330f. Availability of demographic data on political appointees
    ``(a) Publication.--
            ``(1) In general.--Not less frequently than one year after 
        the date of enactment of this section and not less than 
        annually thereafter, the Director of the Office of Personnel 
        Management, in coordination with the White House Office of 
        Presidential Personnel, shall publish a report on the public 
        website of the Office that contains summary level information 
        on the demographics of appointees.
            ``(2) Data.--Any report published under paragraph (1) 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.
    ``(b) Contents.--
            ``(1) In general.--Each report published under subsection 
        (a) 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 Office's 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.
            ``(2) Option to not specify.--When collecting each category 
        of data described in paragraph (1), each appointee shall be 
        allowed an option to not specify with respect to any such 
        category.
            ``(3) Consultation.--The Director of the Office of 
        Personnel Management 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 section 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.
    ``(c) Definitions.--In this section--
            ``(1) 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) the term `appointee'--
                    ``(A) means an individual serving in a policy and 
                supporting position at an agency; 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); and
            ``(3) 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; and
                    ``(F) 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) 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. Availability of demographic data on political appointees.''.
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