[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3896 Reported in Senate (RS)]
<DOC>
Calendar No. 597
116th CONGRESS
2d Session
S. 3896
[Report No. 116-302]
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 SENATE OF THE UNITED STATES
June 4, 2020
Mr. Carper (for himself and Mr. Merkley) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
November 30, 2020
Reported by Mr. Johnson, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
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 4 years since 1952, and
contains data on more than 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 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.
``(2) Appointee.--The term `appointee'--
``(A) means an individual serving in a policy and
supporting position; and
``(B) includes an individual serving in a policy
and supporting 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.
<DELETED> ``(5) Policy and supporting position.--The term
`policy and supporting position' means--</DELETED>
<DELETED> ``(A) a position that requires appointment
by the President, by and with the advice and consent of
the Senate;</DELETED>
<DELETED> ``(B) a position that requires or permits
appointment by the President or Vice President, without
the advice and consent of the Senate;</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(E) a position in the Senior Foreign
Service;</DELETED>
<DELETED> ``(F) any career position at an agency
that, but for this section and section 2(b)(4) 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</DELETED>
<DELETED> ``(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.</DELETED>
``(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)(4) 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
``(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.--The Director shall establish and
maintain a public website containing the following information:
``(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 President then in office.
``(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 for the position;
``(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 the 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 under 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 biennial 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 2-year
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 those
positions in the agency; and
``(iii) the former appointees who served in
policy and supporting positions in the agency
under the President then in office.
``(B) Supplement not supplant.--Information
provided under subparagraph (A) shall supplement, not
supplant, data previously provided 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.--
``(A) 18F office.--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) Designation of agencies.--The Director--
``(i) may designate 1 or more agencies to
participate in the development, establishment,
operation, and support of the covered website;
and
``(ii) with respect to any such
designation, may specify the scope of the
responsibilities of the 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 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 (e)(2).
``(2) Ensuring completeness, accuracy, and reliability.--
The head of an agency shall include with any submission of
information described in paragraph (1)--
``(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.
``(g) Information Verification.--
<DELETED> ``(1) Semiannual confirmation.--</DELETED>
<DELETED> ``(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.</DELETED>
``(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 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.''.
(3) Deadline.--Not later than 1 year after the date of
enactment of this Act, the Director of the Office of Personnel
Management shall establish the website required under section
3330f(b) of title 5, United States Code, as added by subsection
(a)(1).
(b) Other Matters.--
(1) Definitions.--In this subsection, the terms ``agency'',
``covered website'', and ``policy and supporting position''
have the meanings given those terms in section 3330f of title
5, United States Code, as added by subsection (a)(1).
(2) Authorization of appropriations.-- There is authorized
to be appropriated $10,000,000, There are authorized to be
appropriated such sums as may be necessary, to remain available
until expended, for developing the covered website under
section 3330f(b) of title 5, United States Code, as added by
subsection (a)(1).
(3) GAO review and report.--
(A) In general.--Not later than 1 year after the
date on which the covered website is established, the
Comptroller General of the United States shall conduct
a review of, and issue a briefing or report on, the
implementation of this Act and the amendments made by
this Act.
(B) Contents.--The review conducted under
subparagraph (A) shall include--
(i) the quality of data collected and
whether the data is complete, accurate, timely,
and reliable;
(ii) any challenges experienced by agencies
in implementing this Act and the amendments
made by this Act; and
(iii) any suggestions or modifications to
enhance compliance with this Act and the
amendments made by this Act, including best
practices for agencies to follow.
(4) 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.
Calendar No. 597
116th CONGRESS
2d Session
S. 3896
[Report No. 116-302]
_______________________________________________________________________
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.
_______________________________________________________________________
November 30, 2020
Reported with amendments