IB 

Union Calendar No. 157 

117TH CONGRESS 

1ST SESSION H. R. 2043 

[Report No. 117–169, Part I] 

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 

MARCH 18, 2021 

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 

NOVEMBER 1, 2021 

Reported from the Committee on Oversight and Reform with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 18, 2021] 

NOVEMBER 1, 2021 

Referral to the Committee on House Administration extended for a period 

ending not later than November 30, 2021 

NOVEMBER 30, 2021 

Referral to the Committee on House Administration extended for a period 

ending not later than December 10, 2021 

DECEMBER 13, 2021 

Additional sponsors: Ms. NORTON, Mr. MFUME, Ms. OCASIO-CORTEZ, and Mr. 

CASTRO of Texas 


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DECEMBER 13, 2021 

Committee on House Administration discharged; committed to the Committee 

of the Whole House on the State of the Union and ordered to be printed 

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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Periodically Listing Up5 dates to Management Act’’ or the ‘‘PLUM Act’’. 

6 SEC. 2. ESTABLISHMENT OF PUBLIC WEBSITE ON GOVERN7 MENT POLICY AND SUPPORTING POSITIONS. 

8 (a) ESTABLISHMENT.— 

9 (1) IN GENERAL.—Subchapter I of chapter 33 of 

10 title 5, United States Code, is amended by adding at 

11 the end the following: 

12 ‘‘§ 3330f. Government policy and supporting position 

13 data 

14 ‘‘(a) DEFINITIONS.—In this section: 

15 ‘‘(1) AGENCY.—The term ‘agency’ means— 

16 ‘‘(A) any Executive agency, the United 

17 States Postal Service, and the Postal Regulatory 

18 Commission; 

19 ‘‘(B) the Architect of the Capitol, the Gov20 ernment Accountability Office, the Government 

21 Publishing Office, and the Library of Congress; 

22 and 

23 ‘‘(C) the Executive Office of the President 

24 and any component within such Office (includ25 ing any successor component), including— 


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1 ‘‘(i) the Council of Economic Advisors; 

2 ‘‘(ii) the Council on Environmental 

3 Quality; 

4 ‘‘(iii) the National Security Council; 

5 ‘‘(iv) the Office of the Vice President; 

6 ‘‘(v) the Office of Policy Development; 

7 ‘‘(vi) the Office of Administration; 

8 ‘‘(vii) the Office of Management and 

9 Budget; 

10 ‘‘(viii) the Office of the United States 

11 Trade Representative; 

12 ‘‘(ix) the Office of Science and Tech13 nology Policy; 

14 ‘‘(x) the Office of National Drug Con15 trol Policy; and 

16 ‘‘(xi) the White House Office, including 

17 the White House Office of Presidential Per18 sonnel. 

19 ‘‘(2) COVERED WEBSITE.—The term ‘covered 

20 website’ means the website established and main21 tained by the Director under subsection (b). 

22 ‘‘(3) DIRECTOR.—The term ‘Director’ means the 

23 Director of the Office of Personnel Management. 

24 ‘‘(4) APPOINTEE.—The term ‘appointee’— 


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1 ‘‘(A) means an individual serving in a pol2 icy and supporting position; and 

3 ‘‘(B) includes an individual serving in such 

4 a position temporarily in an acting capacity in 

5 accordance with— 

6 ‘‘(i) sections 3345 through 3349d (com7 monly referred to as the ‘Federal Vacancies 

8 Reform Act of 1998’); 

9 ‘‘(ii) any other statutory provision de10 scribed in section 3347(a)(1); or 

11 ‘‘(iii) a Presidential appointment de12 scribed in section 3347(a)(2). 

13 ‘‘(5) POLICY AND SUPPORTING POSITION.—The 

14 term ‘policy and supporting position’ means— 

15 ‘‘(A) a position that requires appointment 

16 by the President, by and with the advice and 

17 consent of the Senate; 

18 ‘‘(B) a position that requires or permits ap19 pointment by the President or Vice President, 

20 without the advice and consent of the Senate; 

21 ‘‘(C) a position occupied by a limited term 

22 appointee, limited emergency appointee, or non23 career appointee in the Senior Executive Service, 

24 as defined under paragraphs (5), (6), and (7), 

25 respectively, of section 3132(a); 


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1 ‘‘(D) a position of a confidential or policy2 determining character under schedule C of sub3 part C of part 213 of title 5, Code of Federal 

4 Regulations, or any successor regulation; 

5 ‘‘(E) a position in the Senior Foreign Serv6 ice; 

7 ‘‘(F) any career position at an agency that, 

8 but for this section and section 2(b)(3) of the 

9 PLUM Act, would be included in the publication 

10 entitled ‘United States Government Policy and 

11 Supporting Positions’, commonly referred to as 

12 the ‘Plum Book’; and 

13 ‘‘(G) any other position classified at or 

14 above level GS–14 of the General Schedule (or 

15 equivalent) that is excepted from the competitive 

16 service by law because of the confidential or pol17 icy-determining nature of the position duties. 

18 ‘‘(b) ESTABLISHMENT OF WEBSITE.—Not later than 1 

19 year after the date of enactment of the PLUM Act, the Di20 rector shall establish, and thereafter maintain, a public 

21 website containing the following information for the Presi22 dent then in office and for each subsequent President: 

23 ‘‘(1) Each policy and supporting position in the 

24 Federal Government, including any such position 

25 that is vacant. 


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1 ‘‘(2) The name of each individual who— 

2 ‘‘(A) is serving in a position described in 

3 paragraph (1); or 

4 ‘‘(B) previously served in a position de5 scribed in such paragraph under the applicable 

6 President. 

7 ‘‘(3) Information on any Government-wide or 

8 agency-wide limitation on the total number of posi9 tions in the Senior Executive Service under section 

10 3133 or 3132, and for the total number of positions 

11 in Schedule C of subpart C of part 213 of title 5, 

12 Code of Federal Regulations, and total number of in13 dividuals occupying such positions. 

14 ‘‘(c) CONTENTS.—With respect to any policy and sup15 porting position listed on the covered website, the Director 

16 shall include— 

17 ‘‘(1) the agency, and agency component, (includ18 ing the agency and bureau code used by the Office of 

19 Management and Budget) in which the position is lo20 cated; 

21 ‘‘(2) the name of the position; 

22 ‘‘(3) the name of the individual occupying such 

23 position (if any); 

24 ‘‘(4) the geographic location of the position, in25 cluding the city, State or province, and country; 


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1 ‘‘(5) the pay system under which the position is 

2 paid; 

3 ‘‘(6) the level, grade, or rate of pay; 

4 ‘‘(7) the term or duration of the appointment (if 

5 any); 

6 ‘‘(8) the expiration date, in the case of a time7 limited appointment; 

8 ‘‘(9) a unique identifier for each appointee to en9 able tracking such appointee across positions; 

10 ‘‘(10) whether the position is vacant, and in the 

11 case of a vacancy, for positions for which appoint12 ment is required to be made by the President by and 

13 with the advice and consent of the Senate, the name 

14 of the acting official, and, for other positions, the 

15 name of the official performing the duties of the va16 cant position. 

17 ‘‘(d) CURRENT DATA.—For each agency, the Director 

18 shall indicate the date that the agency last updated the 

19 data. 

20 ‘‘(e) FORMAT.—The Director shall make the data on 

21 the covered website available to the public at no cost over 

22 the internet in a searchable, sortable, downloadable, and 

23 machine-readable format so that the data qualifies as an 

24 open Government data asset, as defined in section 3502 of 

25 title 44. 


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1 ‘‘(f) AUTHORITY OF DIRECTOR.— 

2 ‘‘(1) INFORMATION REQUIRED.—Each agency 

3 shall provide to the Director any information that the 

4 Director determines necessary to establish and main5 tain the covered website, including the information 

6 uploaded pursuant to paragraph (4). 

7 ‘‘(2) REQUIREMENTS FOR AGENCIES.—Not later 

8 than 1 year after the date of enactment of the PLUM 

9 Act, the Director shall issue instructions to agencies 

10 with specific requirements for the provision or 

11 uploading of information required under paragraph 

12 (1), including— 

13 ‘‘(A) specific data standards that an agency 

14 shall follow to ensure that the information is 

15 complete, accurate, and reliable; 

16 ‘‘(B) data quality assurance methods; and 

17 ‘‘(C) the timeframe during which an agency 

18 shall provide or upload the information, includ19 ing the timeframe described under paragraph 

20 (4). 

21 ‘‘(3) PUBLIC ACCOUNTABILITY.—The Director 

22 shall identify on the covered website any agency that 

23 has failed to provide— 

24 ‘‘(A) the information required by the Direc25 tor; 


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1 ‘‘(B) complete, accurate, and reliable infor2 mation; or 

3 ‘‘(C) the information during the timeframe 

4 specified by the Director. 

5 ‘‘(4) MONTHLY UPDATES.— 

6 ‘‘(A) Not later than 90 days after the date 

7 the covered website is established, and not less 

8 than once during each 30 day period thereafter, 

9 the head of each agency shall upload to the cov10 ered website updated information (if any) on— 

11 ‘‘(i) the policy and supporting posi12 tions in the agency; 

13 ‘‘(ii) the appointees occupying such po14 sitions in the agency; and 

15 ‘‘(iii) the former appointees who served 

16 in the agency under the President then in 

17 office. 

18 ‘‘(B) Information provided under subpara19 graph (A) shall supplement, not supplant, pre20 viously provided data under such subparagraph. 

21 ‘‘(5) OPM HELP DESK.—The Director shall es22 tablish a central help desk, to be operated by not more 

23 than one full-time employee, to assist any agency 

24 with implementing this section. 


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1 ‘‘(6) COORDINATION.—The Director may des2 ignate one or more Federal agencies to participate in 

3 the development, establishment, operation, and sup4 port of the covered website. With respect to any such 

5 designation, the Director may specify the scope of the 

6 responsibilities of the Federal agency so designated. 

7 ‘‘(7) DATA STANDARDS AND TIMING.—The Direc8 tor shall make available on the covered website infor9 mation regarding on data collection standards, qual10 ity assurance methods, and time frames for reporting 

11 data to the Director. 

12 ‘‘(8) REGULATIONS.—The Director may pre13 scribe regulations necessary for the administration of 

14 this section. 

15 ‘‘(g) RESPONSIBILITY OF AGENCIES.— 

16 ‘‘(1) PROVISION OF INFORMATION.—Each agency 

17 shall comply with the instructions and guidance 

18 issued by the Director to carry out this Act, and, 

19 upon request of the Director, shall provide appro20 priate assistance to the Director to ensure the success21 ful operation of the covered website in the manner 

22 and within the timeframe specified by the Director 

23 under subsection (f)(2). 

24 ‘‘(2) ENSURING COMPLETENESS, ACCURACY, AND

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1 formation described in paragraph (1), the head of an 

2 agency shall include an explanation of how the agen3 cy ensured the information is complete, accurate, and 

4 reliable, and a certification that such information is 

5 complete, accurate, and reliable. 

6 ‘‘(h) INFORMATION VERIFICATION.— 

7 ‘‘(1) IN GENERAL.—Not less frequently than 

8 semiannually, the Director, in coordination with the 

9 White House Office of Presidential Personnel, shall 

10 confirm that the information on the covered website 

11 is complete, accurate, reliable, and up-to-date. On the 

12 date of any such confirmation, the Director shall pub13 lish on the covered website a certification that such 

14 confirmation has been made. 

15 ‘‘(2) AUTHORITY OF DIRECTOR.—In carrying out 

16 paragraph (1), the Director may— 

17 ‘‘(A) request additional information from 

18 an agency; and 

19 ‘‘(B) use any additional information pro20 vided to the Director or the White House Office 

21 of Presidential Personnel for the purposes of 

22 verification. 

23 ‘‘(3) PUBLIC COMMENT.—The Director shall es24 tablish a process under which members of the public 


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1 may provide feedback regarding the accuracy of the 

2 information on the covered website. 

3 ‘‘(i) DATA ARCHIVING.— 

4 ‘‘(1) IN GENERAL.—As soon as practicable after 

5 a transitional inauguration day (as defined in sec6 tion 3349a), the Director, in consultation with the 

7 Archivist of the United States, shall archive the data 

8 that was compiled on the covered website for the pre9 ceding presidential administration. 

10 ‘‘(2) PUBLIC AVAILABILITY.—The Director shall 

11 make the data described in paragraph (1) publicly 

12 available over the internet— 

13 ‘‘(A) on, or through a link on, the covered 

14 website; 

15 ‘‘(B) at no cost; and 

16 ‘‘(C) in a searchable, sortable, downloadable, 

17 and machine-readable format. 

18 ‘‘(j) REPORTS.— 

19 ‘‘(1) IN GENERAL.—Not less frequently than one 

20 year after the covered website is established and not 

21 less than annually thereafter, the Director, in coordi22 nation with the White House Office of Presidential 

23 Personnel, shall publish a report on the covered 

24 website that contains summary level information on 

25 the demographics of any appointee. Such report shall 


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1 provide such information in a structured data format 

2 that is searchable, sortable, and downloadable, makes 

3 use of common identifiers wherever possible, and con4 tains current and historical data regarding such in5 formation. 

6 ‘‘(2) CONTENTS.— 

7 ‘‘(A) IN GENERAL.—Each report published 

8 under paragraph (1) shall include self-identified 

9 data on race, ethnicity, tribal affiliation, gender, 

10 disability, sexual orientation, veteran status, and 

11 whether the appointee is over the age of 40 with 

12 respect to each type of appointee. Such a report 

13 shall allow for users of the covered website to 

14 view the type of appointee by agency or compo15 nent, along with these self-identified data, alone 

16 and in combination, to the greatest level detail 

17 possible without allowing the identification of in18 dividual appointees. 

19 ‘‘(B) OPTION TO NOT SPECIFY.—When col20 lecting each category of data described in sub21 paragraph (A), each appointee shall be allowed 

22 an option to not specify with respect to any such 

23 category. 

24 ‘‘(C) CONSULTATION.—The Director shall 

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1 form of the House of Representatives and the 

2 Committee on Homeland Security and Govern3 mental Affairs of the Senate regarding reports 

4 published under this subsection and the informa5 tion in such reports to determine whether the in6 tent of this section is being fulfilled and if addi7 tional information or other changes are needed 

8 for such reports. 

9 ‘‘(3) EXCLUSION OF CAREER POSITIONS.—For 

10 purposes of applying the term ‘appointee’ in this sub11 section, such term does not include any individual 

12 appointed to a position described in subsection 

13 (a)(5)(F).’’. 

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions for subchapter I of chapter 33 of title 5, United 

16 States Code, is amended by adding at the end the fol17 lowing: 

‘‘3330f. Government policy and supporting position data.’’. 

18 (b) OTHER MATTERS.— 

19 (1) AUTHORIZATION OF APPROPRIATIONS.— 

20 There is authorized to be appropriated $7,000,000, to 

21 remain available until expended, for— 

22 (A) developing the website under section 

23 3330f(b) of title 5, United States Code, as added 

24 by subsection (a)(1); and 


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1 (B) updating any data system operated by, 

2 or under the authority of, the Office of Personnel 

3 Management that will be used to carry out such 

4 section. 

5 (2) GAO REVIEW AND REPORT.—Not later than 

6 1 year after the date such website is established, the 

7 Comptroller General shall conduct a review, and issue 

8 a briefing or report, on the implementation of this 

9 Act and the amendments made by this Act. The re10 view shall include— 

11 (A) the quality of data required to be col12 lected and whether such data is complete, accu13 rate, timely, and reliable; 

14 (B) any challenges experienced by agencies 

15 in implementing this Act and the amendments 

16 made by this Act; and 

17 (C) any suggestions or modifications to en18 hance compliance with this Act and the amend19 ments made by this Act, including best practices 

20 for agencies to follow. 

21 (3) SUNSET OF PLUM BOOK.—Beginning on 

22 January 1, 2024, such website shall serve as the pub23 lic directory for policy and supporting positions in 

24 the Government, and the publication entitled ‘‘United 

25 States Government Policy and Supporting Positions’’, 


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1 commonly referred to as the ‘‘Plum Book’’, shall no 

2 longer be issued or published. 


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Union Calendar No. 157 

117TH CONGRESS 

1ST SESSION H. R. 2043 

[Report No. 117–169, Part I] 

A BILL 

To amend title 5, United States Code, to require 

and supporting positions, and for other purposes. of the individuals occupying Government policy ment to establish and maintain a public directory the Director of the Office of Personnel ManageDECEMBER 13, 2021 

Committee on House Administration discharged; comState of the Union and ordered to be printed mitted to the Committee of the Whole House on the 


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