[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.
______