[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3650 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 3650

   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

                           February 15, 2022

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

_______________________________________________________________________

                                 A BILL


 
   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 of 2022'' or the ``PLUM Act of 2022''.

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 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, including 
                        the White House Office of Presidential 
                        Personnel.
            ``(2) 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).
            ``(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.
            ``(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 of 
                2022, 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 of 2022, the Director shall 
establish, and thereafter the Director shall maintain, a public website 
containing the following information for the President in office on the 
date of establishment 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--
                    ``(A) any Government-wide or agency-wide limitation 
                on the total number of positions in the Senior 
                Executive Service under section 3133 or 3132 or the 
                total number of positions under schedule C of subpart C 
                of part 213 of title 5, Code of Federal Regulations; 
                and
                    ``(B) the 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 the 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 the appointee across positions;
            ``(10) whether the position is vacant; and
            ``(11) for any position that is vacant--
                    ``(A) for a position 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
                    ``(B) 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 
in the information on the covered website 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 under paragraph (4).
            ``(2) Requirements for agencies.--Not later than 1 year 
        after the date of enactment of the PLUM Act of 2022, 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) 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 
                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 
                        such positions in the agency under the 
                        President then in office.
                    ``(B) Supplement not supplant.--Information 
                provided under subparagraph (A) shall supplement, not 
                supplant, previously provided information 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.--The Director may designate 1 or more 
        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 agency so designated.
            ``(7) Data standards and timing.--The Director shall make 
        available on the covered website information regarding 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 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 (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--
                    ``(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.
    ``(h) Information Verification.--
            ``(1) Semiannual confirmation.--
                    ``(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.
                    ``(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.
    ``(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 later than 1 year after the covered 
        website is established, and every year thereafter, the 
        Director, in coordination with the White House Office of 
        Presidential Personnel, shall publish a report on the covered 
        website that--
                    ``(A) contains summary-level information on the 
                demographics of each appointee; and
                    ``(B) provide the information in a structured data 
                format that--
                            ``(i) is searchable, sortable, and 
                        downloadable;
                            ``(ii) makes use of common identifiers 
                        wherever possible; and
                            ``(iii) contains current and historical 
                        data regarding the information.
            ``(2) Contents.--
                    ``(A) In general.--Each report published under 
                paragraph (1) shall--
                            ``(i) include self-identified data with 
                        respect to each type of appointee on race, 
                        ethnicity, Tribal affiliation, gender, 
                        disability, sexual orientation, veteran status, 
                        and whether the appointee is over the age of 
                        40; and
                            ``(ii) allow for users of the covered 
                        website to view the type of appointee by agency 
                        or component, along with the data described in 
                        clause (i), alone and in combination, to the 
                        greatest level detail possible without allowing 
                        the identification of individual appointees.
                    ``(B) Option to not specify.--When each category of 
                data described in subparagraph (A)(i) is collected, 
                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 Homeland Security and 
                Governmental Affairs of the Senate and the Committee on 
                Oversight and Reform of the House of Representatives 
                regarding reports published under this subsection and 
                the information in the reports to determine whether the 
                intent of this section is being fulfilled and if 
                additional information or other changes are needed for 
                the reports.
            ``(3) Exclusion of career positions.--For purposes of 
        applying the term `appointee' in this subsection, that 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) Definitions.--In this subsection, the terms ``agency'', 
        ``covered website'', ``Director'', 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).
            (2) GAO review and report.--Not later than 1 year after the 
        date on which the Director establishes the covered website, 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, which shall 
        include--
                    (A) the quality of data required to be collected 
                and whether the 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--
                    (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.
            (4) Funding.--
                    (A) In general.--No additional amounts are 
                authorized to be appropriated to carry out this Act or 
                the amendments made by this Act.
                    (B) Other funding.--The Director shall carry out 
                this Act and the amendments made by this Act using 
                amounts otherwise available to the Director.
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