[Congressional Record Volume 167, Number 190 (Thursday, October 28, 2021)]
[Senate]
[Pages S7473-S7475]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3957. Mr. CARPER (for himself, Mr. Merkley, and Ms. Duckworth) 
submitted an amendment intended to be proposed to amendment SA 3867 
submitted by Mr. Reed and intended to be proposed to the bill H.R. 
4350, to authorize appropriations for fiscal year 2022 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title XI, add the following:

                          Subtitle B--PLUM Act

     SEC. 1121. SHORT TITLE.

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

     SEC. 1122. 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) 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 1122(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.

[[Page S7474]]

       ``(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 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
       ``(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, 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 such 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 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 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 such 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;
       ``(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 such 
     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 collecting each category 
     of data described in subparagraph (A)(i), 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 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) Definitions.--In this subsection, the terms ``agency'', 
     ``covered website'', ``Director'', and ``policy and 
     supporting position'' have the meanings given those terms in 
     section 3330f(b) 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 shall conduct a review,

[[Page S7475]]

     and issue a briefing or report, on the implementation of this 
     subtitle and the amendments made by this subtitle, 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 subtitle and the amendments made by this subtitle; and
       (C) any suggestions or modifications to enhance compliance 
     with this subtitle and the amendments made by this subtitle, 
     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.
                                 ______