[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7107 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 7107
To amend title 5, United States Code, 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 HOUSE OF REPRESENTATIVES
June 4, 2020
Mrs. Carolyn B. Maloney of New York (for herself, Mr. Connolly, and Mr.
Sarbanes) introduced the following bill; which was referred to the
Committee on Oversight and Reform, and in addition to the Committee on
House Administration, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title 5, United States Code, 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; PURPOSES.
(a) Short Title.--This Act may be cited as the ``Periodically
Listing Updates to Management Act of 2020'' or the ``PLUM Act of
2020''.
(b) Purposes.--The purposes of this Act are to--
(1) modernize the practice of publishing the ``Plum Book,''
which has occurred nearly every four years since 1952, and
contains data on over 9,000 Federal civil service leadership
and support positions in the legislative and executive branches
of the Government that may be subject to noncompetitive
appointment;
(2) enhance transparency by reporting who is serving in the
Government and making policy decisions; and
(3) improve the frequency, accuracy and accessibility of
data on the individuals filling government policy and
supporting positions.
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, including 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.
``(2) Covered website.--The term `covered website' means
the website established and maintained by the Director under
subsection (b).
``(3) Director.--The term `Director' means the Director of
the Office of Personnel Management.
``(4) 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).
``(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
2020, 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 2020, 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.
``(2) Each individual who--
``(A) is serving in a position described in
paragraph (1); or
``(B) previously served in a position described in
paragraph (1) under the applicable President.
``(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; and
``(10) whether the position is vacant.
``(d) 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.
``(e) 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 pursuant to paragraph (4).
``(2) Requirements for agencies.--Not later than 1 year
after the date of enactment of the PLUM Act of 2020, 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) Not later than 90 days after the date 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
the agency under the President then in office.
``(B) Information provided under subparagraph (A)
shall supplement, not supplant, previously provided
data under such subparagraph.
``(5) OPM help desk.--The Director shall establish a
central help desk, to be operated by not more than one full-
time employee, to assist any agency with implementing this
section.
``(6) Coordination.--
``(A) The Director shall consult with the 18F
office (or any successor office) within the General
Services Administration for purposes of the
development, establishment, operation, and support of
the covered website.
``(B) The Director may designate one or more
Federal 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 Federal agency so designated.
``(f) Responsibility of Agencies.--
``(1) Provision of information.--Each agency shall comply
with the instructions and guidance issued by the Director to
carry out this Act, 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
(e)(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 an
explanation of how the agency ensured the information is
complete, accurate, and reliable, and a certification that such
information is complete, accurate, and reliable.
``(g) Information Verification.--
``(1) 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. On the date of any such confirmation, the Director shall
publish on the covered website a certification of that such
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.
``(h) 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.''.
(b) Other Matters.--
(1) Authorization of appropriations.--There is authorized
to be appropriated $10,000,000, to remain available until
expended, for developing the website under section 3330f(b) of
title 5, United States Code, as added by subsection (a)(1).
(2) GAO review and report.--Not later than 1 year after the
date such website is established, the Comptroller General shall
conduct a review, and issue a briefing or report, on the
implementation of this Act and the amendments made by this Act.
The review shall include--
(A) the quality of data required to be collected
and whether such 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,
such website shall serve as the public directory for policy and
supporting positions in the Government, and the publication
entitled ``United States Government Policy and Supporting
Positions'', commonly referred to as the ``Plum Book'', shall
no longer be issued or published.
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