[Senate Report 117-218]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 574
117th Congress     }                                     {      Report
                                 SENATE
 2d Session        }                                     {     117-218
_______________________________________________________________________

                                     



         PERIODICALLY LISTING UPDATES TO MANAGEMENT ACT OF 2022

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                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








[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]









                December 5, 2022.--Ordered to be printed   
                
                             _________
                              
                 U.S. GOVERNMENT PUBLISHING OFFICE
                 
39-010                   WASHINGTON : 2022
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              RAND PAUL, Kentucky
JACKY ROSEN, Nevada                  JAMES LANKFORD, Oklahoma
ALEX PADILLA, California             MITT ROMNEY, Utah
JON OSSOFF, Georgia                  RICK SCOTT, Florida
                                     JOSH HAWLEY, Missouri

                   David M. Weinberg, Staff Director
                    Zachary I. Schram, Chief Counsel
            Lena C. Chang, Director of Governmental Affairs
              Devin M. Parsons, Professional Staff Member
                    Gauri Verma, Research Assistant
                Pamela Thiessen, Minority Staff Director
            Sam J. Mulopulos, Minority Deputy Staff Director
       Cara G. Mumford, Minority Director of Governmental Affairs
                  Andrew J. Hopkins, Minority Counsel
                     Laura W. Kilbride, Chief Clerk
























                                                      Calendar No. 574
117th Congress     }                                     {      Report
                                 SENATE
 2d Session        }                                     {     117-218

======================================================================



 
              PERIODICALLY LISTING UPDATES TO MANAGEMENT 
                              ACT OF 2022

                                _______
                                

                December 5, 2022.--Ordered to be printed

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 3650]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (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, having considered the same, reports favorably thereon 
with amendment, in the nature of substitute, and recommends 
that the bill, as amended, do pass.

                                CONTENTS

                                                                     Page
  I. Purpose and Summary..............................................  1
 II. Background and Need for the Legislation..........................  2
III. Legislative History..............................................  4
 IV. Section-by-Section Analysis of the Bill, as Reported.............  4
  V. Evaluation of Regulatory Impact..................................  6
 VI. Congressional Budget Office Cost Estimate........................  6
VII. Changes in Existing Law Made by the Bill, as Reported............  7

                         I. Purpose and Summary

    S. 3650, the PLUM Act of 2022, directs OPM, in consultation 
with the General Services Administration, to develop and 
maintain a publicly accessible website with information on 
senior leaders in government. The website would replace the 
current Plum Book, a version of a federal employee directory 
issued once every four years, which only captures a snapshot in 
time and typically contains errors such as missing positions 
and incorrect titles. This bill would improve the transparency 
of senior government positions and provide the public with more 
timely and comprehensive information about political 
appointees.

              II. Background and Need for the Legislation

    The published list of United States Government Policy and 
Supporting Positions, referred to as the ``Plum Book,'' is the 
current resource available for identifying presidentially 
appointed or other senior positions within the federal 
government.\1\ The Plum Book originated in 1952 in response to 
President Eisenhower's request for list of ``plum'' positions 
he could fill at the start of his new Administration.\2\ Since 
1960, the Plum Book has been published every four years, after 
each presidential election.\3\ The Plum Book lists civil 
service leadership and support positions, including agency 
heads, policy executives and advisors, and individuals who 
closely report to these officials.\4\
---------------------------------------------------------------------------
    \1\U.S. Government Publishing Office, United States Government 
Policy and Supporting Positions (Plum Book) (www.govinfo.gov/
collection/plum-book?path=/GPO/United%20States%20 
Government%20Policy%20and %20Supporting%20Positions 
%20%2528Plum%20Book%2529) (accessed May 17, 2022).
    \2\Id.; and Amanda Patarino and Troy Cribb, Improving the Plum 
Book: The Need to Modernize Information about Federal Leadership, 
Partnership for Public Services Center for Presidential Transitions 
(blog) (Jan. 5, 2021) (presidentialtransition.org/blog/improving-plum-
book/).
    \3\U.S. Government Publishing Office, supra note 1.
    \4\Office of Personnel Management, Facts & Figures: Plum Book 
(www.opm.gov/policy-data-oversight/senior-executive-service/facts-
figures/#url=Plum-Book) (accessed May 16, 2022).
---------------------------------------------------------------------------
    Specifically, the types of positions in the Plum Book 
include: (1) Executive Schedule and salary-equivalent 
positions; (2) Senior Executive Service and Senior Foreign 
Service positions; and (3) Schedule C or General Schedule grade 
14 (GS-14) positions excepted from competitive service due to 
the confidential or policy-determining nature of the position 
duties.\5\ The Senate Committee on Homeland Security and 
Governmental Affairs and the House Committee on Oversight and 
Reform alternate in publishing the Plum Book, using data 
requested from agencies and compiled by OPM.\6\ The most recent 
Plum Book, published in December 2020, includes data on over 
9,000 key positions across the legislative and executive 
branches of the federal government.\7\
---------------------------------------------------------------------------
    \5\U.S. Government Publishing Office, supra note 1.
    \6\Id.; and Amanda Patarino and Troy Cribb, supra note 2.
    \7\House Committee on Oversight and Reform, U.S. Government Policy 
and Supporting Positions--2020 (Dec. 2020).
---------------------------------------------------------------------------
    Accurate and up-to-date information on political appointees 
and other senior leaders serving in the federal government is a 
critical tool for ensuring transparency. This transparency is 
needed to inform staffing strategies for preventing and filling 
vacancies across agencies as well as to enable congressional 
and public oversight into the federal government. However, a 
federal leadership directory published and updated only once 
every four years has significant limitations. During a March 
2022 Senate Homeland Security and Governmental Affairs 
Committee hearing, Kristine Simmons, Vice President of the 
Partnership for Public Service, affirmed these limitations by 
noting that the current Plum Book is simply ``a snapshot every 
four years'' with ``no possibility to correct errors.''\8\
---------------------------------------------------------------------------
    \8\Senate Committee on Homeland Security and Governmental Affairs, 
Hearing on Examining the Senate Confirmation Process and Federal 
Vacancies, 117th Cong. (Mar. 3, 2022) (S. Hrg. 117-XX).
---------------------------------------------------------------------------
    At the same congressional hearing, Stanford Law Professor 
Anne O'Connell also flagged the value of publicly listing 
vacancies, as ``it's important to know who's doing what work 
and if that work is not getting done.''\9\ Unfortunately, the 
Plum Book does not reliably list federal leadership positions 
that are vacant. For example, the 2020 Plum Book did not list 
approximately 1,100 vacant Senior Executive Service positions, 
which comprise around 14% of total positions in the Senior 
Executive Service.\10\ Although Senior Executive Service 
positions are not presidentially appointed or Senate-confirmed, 
individuals serving in these roles hold the top managerial, 
supervisory, and policy positions across federal agencies and 
departments, classified above the GS 15 level.\11\
---------------------------------------------------------------------------
    \9\Id.
    \10\Emma Jones and Christina Condreay, The Three Big Mistakes in 
the 2020 Plum Book, Partnership for Public Services Center for 
Presidential Transitions (blog) (Jun. 30, 2021) 
(presidentialtransition.org/blog/the-three-big-mistakes-in-the-2020-
plum-book/).
    \11\Office of Personnel Management, Presidential Transition Guide 
to Federal Human Resources Management Matters: Election Year 2020 (Dec. 
2020); and Office of Personnel Management, Senior Executive Service: 
Overview & History (www.opm.gov/policy-data-oversight/senior-executive-
service/overview-history/) (accessed May 16, 2022).
---------------------------------------------------------------------------
    The latest Plum Book contained other errors as well, 
generally in the form of missing information. In the 2020 
version of the Plum Book, 10 agencies are missing altogether, 
12 agencies are missing in the appendix, and there are hundreds 
of missing key positions within agencies.\12\ It will not be 
possible to correct any of the current Plum Book errors until 
late 2024, after the next presidential election.
---------------------------------------------------------------------------
    \12\Emma Jones and Christina Condreay, supra note 10.
---------------------------------------------------------------------------
    Even when Plum Book information is accurate at the time of 
publication, it does not reflect the significant changes to the 
federal government's roster that occur over the course of a 
President's four-year term, including an up-to-date list of 
vacancies. The appointments made by Presidents fill positions 
in the Executive Schedule or those with equivalent pay 
rates.\13\ Presidents are responsible for making political 
appointments for approximately 4,000 federal positions, with 
over 1,200 of such positions requiring Senate confirmation.\14\ 
Presidential appointments that also require Senate confirmation 
are governed by rules and timeline requirements established in 
the Federal Vacancies Reform Act of 1998.\15\ For example, 
qualified individuals generally may only serve in an ``acting'' 
capacity in such vacancies for up to 210 days.\16\ Having an 
accurate list of these vacancies is important both for the 
President and Congress to ensure adherence to the Federal 
Vacancy Reform Act requirements.
---------------------------------------------------------------------------
    \13\Office of Personnel Management Presidential Transition Guide, 
supra note 11.
    \14\Biden Political Appointee Tracker, Washington Post 
(www.washingtonpost.com/politics/interactive/2020/biden-appointee-
tracker/) (accessed May 16, 2022).
    \15\Pub. L. 105-277, Sec. 151.
    \16\5 U.S.C. Sec.  3346.
---------------------------------------------------------------------------
    In 2019, a Government Accountability Office (GAO) report on 
federal ethics programs found: ``There is no single source data 
on political appointees serving in the executive branch that is 
publicly available, comprehensive, and timely.''\17\ The report 
considers the current Plum Book as one source of publicly 
accessible data, but concludes that the Plum Book is not 
timely.\18\ GAO recommends that Congress consider legislation 
requiring both comprehensive and timely information on 
political appointees to be collected and made publicly 
available.\19\
---------------------------------------------------------------------------
    \17\Government Accountability Office, Federal Ethics Programs: 
Government-wide Political Appointee Data and Some Ethics Oversight 
Procedures at Interior and SBA Could Be Improved (GAO-19-249) (Mar. 
2019).
    \18\Id.
    \19\Id.
---------------------------------------------------------------------------
    The PLUM Act of 2022 would act on the open GAO 
recommendation by replacing the Plum Book with a publicly 
accessible, online directory of senior government leaders.\20\ 
OPM would establish and maintain this website with basic 
information about government positions in a manner that aligns 
with modern data standards. The bill would effectively 
modernize the current Plum Book and address the issue of 
timeliness, improving transparency into federal senior 
leadership and vacancies to benefit the presidential 
appointment process, congressional oversight, and 
accountability to the public.
---------------------------------------------------------------------------
    \20\Id.
---------------------------------------------------------------------------

                        III. Legislative History

    Senator Thomas Carper (D-DE) introduced S. 3650, the PLUM 
Act of 2022, on February 15, 2022, with Senator Mike Braun (R-
IN) and Senator Jeff Merkley (D-OR). The bill was referred to 
the Committee on Homeland Security and Governmental Affairs. 
Senator Tammy Duckworth (D-IL) joined as cosponsor on February 
16, 2022.
    The Committee considered S. 3650 at a business meeting on 
March 30, 2022. Senator Carper offered a substitute amendment 
and modification to the substitute amendment. Senator Carper's 
substitute amendment and modification to the substitute 
amendment were adopted by voice vote en bloc.
    The bill, as amended by the Carper modified substitute 
amendment, was ordered reported favorably by voice vote en 
bloc, with Senators Peters, Carper, Hassan, Sinema, Rosen, 
Padilla, Ossoff, Paul, Lankford, Romney, Scott, and Hawley 
present and with Senators Scott and Hawley recorded as ``No.''

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1. Short title

    This section establishes the short title of the bill 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

    Subsection (a) adds a new section 3330f to title 5, United 
States Code, entitled ``Government policy and supporting 
position data.''
    Subsection (a) of the new section 3330f defines the terms 
``agency,'' ``appointee,'' ``covered website,'' ``Director,'' 
and ``policy and supporting position.'' ``Policy and supporting 
position'' is defined as positions that are currently included 
in the Plum Book and may include positions in the Executive 
Schedule or with equivalent rates of pay, positions in the 
Senior Executive Service and Senior Foreign Service, Schedule C 
positions of a confidential or policy-determining character, 
and any other positions classified at or above level GS-14 that 
are excepted from the competitive service due to their 
confidential or policy-determining nature.
    Subsection (b) of the new section 3330f directs OPM, within 
one year after this bill's enactment, to establish and maintain 
a public website with information on each policy and supporting 
position in the federal government, including vacant positions. 
This information will include the name of each individual 
serving in such position or who previously served in the 
position. The information will also include any government-wide 
or agency-wide limits on the total number of positions in the 
Senior Executive Service or Schedule C positions, as well as 
the total number of individuals occupying these positions.
    Subsection (c) of the new section 3330f describes the type 
of content OPM is directed to include on the website for each 
position listed. With respect to each position, the website 
will include: (1) the agency and agency component; (2) the name 
of the position; (3) the name of the individual occupying the 
position; (4) the geographic location of the position; (5) the 
pay system for the position; (6) the level, grade, or rate of 
pay; (7) the term or duration of the appointment; (8) the 
expiration date of time-limited appointments; (9) a unique 
identifier for each appointee; (10) whether the position is 
vacant; and (11) for vacant positions, the name of the acting 
official or official performing the duties of the position.
    Subsection (d) of the new section 3330f requires OPM to 
indicate on the website the date that each agency last updated 
the data.
    Subsection (e) of the new section 3330f directs OPM to 
ensure the data on the website is available to the public at no 
cost and in a searchable, sortable, downloadable, and machine-
readable format so the data qualifies as an open government 
data asset.
    Subsection (f) of the new section 3330f requires each 
agency to provide to OPM the relevant information about the 
positions listed on the website. Within one year of this bill's 
enactment, OPM must issue instructions to agencies with 
specific requirements for uploading the required information, 
including specific data standards, data quality assurance 
methods, and the timeframe for providing or uploading 
information. OPM will indicate on the website any agency that 
fails to provide complete, accurate, and reliable information 
during the required timeframe. The heads of agencies must 
upload any updated information regarding policy and supporting 
positions, appointees, and former appointees to the website at 
least once each year, starting within 90 days after the website 
is established. To assist agencies in carrying out these 
requirements, OPM will set up a central help desk. OPM will 
also provide information about the data collection standards, 
quality assurance methods, and reporting timeframes on the 
website.
    Subsection (g) of the new section 3330f describes the 
responsibility of agencies in providing complete, accurate, and 
reliable information to OPM for the purposes of the website, 
including to provide OPM with an explanation and certification 
that the information meets this standard.
    Subsection (h) of the new section 3330f directs OPM, in 
coordination with the White House Office of Presidential 
Personnel, to confirm and publish a certification on the 
website that the information is complete, accurate, reliable, 
and up-to-date. Members of the public may provide feedback 
regarding the accuracy of the information on the website, 
through a process established by OPM.
    Subsection (i) of the new section 3330f requires OPM, in 
consultation with the Archivist of the United States and as 
soon as practicable after a transitional inauguration day, to 
archive data compiled on the website for the preceding 
Administration. The archived data must be publicly available 
online, either on the website or through a link on the website.
    Subsection (b) defines the terms ``agency,'' ``covered 
website,'' ``Director,'' and ``policy and policy and supporting 
position'' in the context of this subsection. These terms have 
the same meaning as in the new section 3330f of title 5. This 
subsection directs GAO to conduct a review of the 
implementation of this bill. In addition, this subsection 
sunsets the Plum Book on January 1, 2026 and specifies that no 
additional funding amounts are authorized to be appropriated 
for this bill.

                   V. Evaluation of Regulatory Impact

    [Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.]

             VI. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 31, 2022.
Hon. Gary C. Peters,
Chairman, Committee on Homeland Security and Governmental Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 3650, the PLUM Act 
of 2022.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    
    

    S. 3650 would require the Office of Personnel Management 
(OPM) to maintain the website for United States Government 
Policy and Supporting Positions, a directory often called the 
Plum Book that lists government positions and government 
policies; the print version would be discontinued in 2026. The 
bill also would require annual updates of the volume and would 
direct the Government Accountability Office to report on the 
website's accuracy.
    The Government Publishing Office currently maintains the 
Plum Book's website and makes available a print version, which 
is revised every four years, alternately by the House Committee 
on Oversight and Reform and the Senate Committee on Homeland 
Security and Governmental Affairs.
    CBO estimates that transferring management of the website 
to OPM would not have a significant net cost and that 
discontinuing the print version would reduce costs by an 
insignificant amount. CBO estimates that the cost of annual 
updates would be insignificant for any one agency and would 
total about $2 million over the 2023-2027 period. Any spending 
would be subject to the availability of appropriated funds.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Director of Budget Analysis.

       VII. Changes in Existing Law Made by the Bill, as Reported


UNITED STATES CODE

           *       *       *       *       *       *       *


TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES

           *       *       *       *       *       *       *


PART III--EMPLOYEES

           *       *       *       *       *       *       *


Subpart B--Employment and Retention

           *       *       *       *       *       *       *


CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT

           *       *       *       *       *       *       *



                           Table of sections

       Subchapter I--Examination, Certification, and Appointment

    Sec.
    3301. Definitions.

           *       *       *       *       *       *       *

    3330e. Review of official personnel file of former Federal 
employees before rehiring.
    3330f. Government policy and supporting position data.

           *       *       *       *       *       *       *


Subchapter I--Examination, Certification, and Appointment

           *       *       *       *       *       *       *



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) section 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 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
                  (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 an 
                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.
                  (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 the 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.

                                  [all]