[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Pages S5359-S5361]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5902. Mr. CARPER (for himself and Mr. Braun) submitted an
amendment intended to be proposed to amendment SA 5499 submitted by Mr.
Reed (for himself and Mr. Inhofe) and intended to be proposed to the
bill H.R. 7900, to authorize appropriations for fiscal year 2023 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:
[[Page S5360]]
At the end of subtitle G of title X, add the following:
SEC. 1077. PLUM ACT.
(a) Short Title.-- This section may be cited as the
``Periodically Listing Updates to Management Act of 2022'' or
the ``PLUM Act of 2022''.
(b) Establishment of Public Website on Government Policy
and Supporting Positions.--
(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 Advisers;
``(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 known 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'--
``(A) means any position at an agency, as determined by the
Director, that, but for this section and subsection (c)(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
``(B) may include--
``(i) a position on any level of the Executive Schedule
under subchapter II of chapter 53, or another position with
an equivalent rate of pay;
``(ii) a general position (as defined in section
3132(a)(9)) in the Senior Executive service;
``(iii) a position in the Senior Foreign Service;
``(iv) 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;
and
``(v) 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 3134 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;
``(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) Annual 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 year 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) Confirmation.--
``(A) In general.--On the date that is 90 days after the
date on which the covered website is established, 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.
[[Page S5361]]
``(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.''.
(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.''.
(c) 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 (b).
(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 section and the amendments made by
this section, 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 section and the amendments made by this section; and
(C) any suggestions or modifications to enhance compliance
with this section and the amendments made by this section,
including best practices for agencies to follow.
(3) Sunset of plum book.--Beginning on January 1, 2026--
(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 section or the amendments made
by this section.
(B) Other funding.--The Director shall carry out this
section and the amendments made by this section using amounts
otherwise available to the Director.
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