```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3650 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 574
117th CONGRESS
  2d Session
                                S. 3650

                          [Report No. 117-218]

   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

                           February 15, 2022

  Mr. Carper (for himself, Mr. Braun, Mr. Merkley, and Ms. Duckworth) 
introduced the following bill; which was read twice and referred to the 
        Committee on Homeland Security and Governmental Affairs

                            December 5, 2022

               Reported by Mr. Peters, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
   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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>     This Act may be cited as the ``Periodically Listing 
Updates to Management Act of 2022'' or the ``PLUM Act of 
2022''.</DELETED>

<DELETED>SEC. 2. ESTABLISHMENT OF PUBLIC WEBSITE ON GOVERNMENT POLICY 
              AND SUPPORTING POSITIONS.</DELETED>

<DELETED>    (a) Establishment.--</DELETED>
        <DELETED>    (1) In general.--Subchapter I of chapter 33 of 
        title 5, United States Code, is amended by adding at the end 
        the following:</DELETED>
<DELETED>``Sec. 3330f. Government policy and supporting position 
              data</DELETED>
<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Agency.--The term `agency' means--</DELETED>
                <DELETED>    ``(A) any Executive agency, the United 
                States Postal Service, and the Postal Regulatory 
                Commission;</DELETED>
                <DELETED>    ``(B) the Architect of the Capitol, the 
                Government Accountability Office, the Government 
                Publishing Office, and the Library of Congress; 
                and</DELETED>
                <DELETED>    ``(C) the Executive Office of the 
                President and any component within that Office 
                (including any successor component), including--
                </DELETED>
                        <DELETED>    ``(i) the Council of Economic 
                        Advisors;</DELETED>
                        <DELETED>    ``(ii) the Council on 
                        Environmental Quality;</DELETED>
                        <DELETED>    ``(iii) the National Security 
                        Council;</DELETED>
                        <DELETED>    ``(iv) the Office of the Vice 
                        President;</DELETED>
                        <DELETED>    ``(v) the Office of Policy 
                        Development;</DELETED>
                        <DELETED>    ``(vi) the Office of 
                        Administration;</DELETED>
                        <DELETED>    ``(vii) the Office of Management 
                        and Budget;</DELETED>
                        <DELETED>    ``(viii) the Office of the United 
                        States Trade Representative;</DELETED>
                        <DELETED>    ``(ix) the Office of Science and 
                        Technology Policy;</DELETED>
                        <DELETED>    ``(x) the Office of National Drug 
                        Control Policy; and</DELETED>
                        <DELETED>    ``(xi) the White House Office, 
                        including the White House Office of 
                        Presidential Personnel.</DELETED>
        <DELETED>    ``(2) Appointee.--The term `appointee'--</DELETED>
                <DELETED>    ``(A) means an individual serving in a 
                policy and supporting position; and</DELETED>
                <DELETED>    ``(B) includes an individual serving in 
                such a position temporarily in an acting capacity in 
                accordance with--</DELETED>
                        <DELETED>    ``(i) sections 3345 through 3349d 
                        (commonly referred to as the `Federal Vacancies 
                        Reform Act of 1998');</DELETED>
                        <DELETED>    ``(ii) any other statutory 
                        provision described in section 3347(a)(1); 
                        or</DELETED>
                        <DELETED>    ``(iii) a Presidential appointment 
                        described in section 3347(a)(2).</DELETED>
        <DELETED>    ``(3) Covered website.--The term `covered website' 
        means the website established and maintained by the Director 
        under subsection (b).</DELETED>
        <DELETED>    ``(4) Director.--The term `Director' means the 
        Director of the Office of Personnel Management.</DELETED>
        <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)(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</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>
<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(1) Each policy and supporting position in the 
        Federal Government, including any such position that is 
        vacant.</DELETED>
        <DELETED>    ``(2) The name of each individual who--</DELETED>
                <DELETED>    ``(A) is serving in a position described 
                in paragraph (1); or</DELETED>
                <DELETED>    ``(B) previously served in a position 
                described in such paragraph under the applicable 
                President.</DELETED>
        <DELETED>    ``(3) Information on--</DELETED>
                <DELETED>    ``(A) any Government-wide or agency-wide 
                limitation on the total number of positions in the 
                Senior Executive Service under section 3133 or 3132 or 
                the total number of positions under schedule C of 
                subpart C of part 213 of title 5, Code of Federal 
                Regulations; and</DELETED>
                <DELETED>    ``(B) the total number of individuals 
                occupying such positions.</DELETED>
<DELETED>    ``(c) Contents.--With respect to any policy and supporting 
position listed on the covered website, the Director shall include--
</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(2) the name of the position;</DELETED>
        <DELETED>    ``(3) the name of the individual occupying the 
        position (if any);</DELETED>
        <DELETED>    ``(4) the geographic location of the position, 
        including the city, State or province, and country;</DELETED>
        <DELETED>    ``(5) the pay system under which the position is 
        paid;</DELETED>
        <DELETED>    ``(6) the level, grade, or rate of pay;</DELETED>
        <DELETED>    ``(7) the term or duration of the appointment (if 
        any);</DELETED>
        <DELETED>    ``(8) the expiration date, in the case of a time-
        limited appointment;</DELETED>
        <DELETED>    ``(9) a unique identifier for each appointee to 
        enable tracking the appointee across positions;</DELETED>
        <DELETED>    ``(10) whether the position is vacant; 
        and</DELETED>
        <DELETED>    ``(11) for any position that is vacant--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) for other positions, the name of the 
                official performing the duties of the vacant 
                position.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(f) Authority of Director.--</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) specific data standards that an 
                agency shall follow to ensure that the information is 
                complete, accurate, and reliable;</DELETED>
                <DELETED>    ``(B) data quality assurance methods; 
                and</DELETED>
                <DELETED>    ``(C) the timeframe during which an agency 
                shall provide or upload the information, including the 
                timeframe described under paragraph (4).</DELETED>
        <DELETED>    ``(3) Public accountability.--The Director shall 
        identify on the covered website any agency that has failed to 
        provide--</DELETED>
                <DELETED>    ``(A) the information required by the 
                Director;</DELETED>
                <DELETED>    ``(B) complete, accurate, and reliable 
                information; or</DELETED>
                <DELETED>    ``(C) the information during the timeframe 
                specified by the Director.</DELETED>
        <DELETED>    ``(4) Monthly updates.--</DELETED>
                <DELETED>    ``(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 thereafter, the head of each agency shall upload 
                to the covered website updated information (if any) 
                on--</DELETED>
                        <DELETED>    ``(i) the policy and supporting 
                        positions in the agency;</DELETED>
                        <DELETED>    ``(ii) the appointees occupying 
                        such positions in the agency; and</DELETED>
                        <DELETED>    ``(iii) the former appointees who 
                        served in such positions in the agency under 
                        the President then in office.</DELETED>
                <DELETED>    ``(B) Supplement not supplant.--
                Information provided under subparagraph (A) shall 
                supplement, not supplant, previously provided 
                information under that subparagraph.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(8) Regulations.--The Director may prescribe 
        regulations necessary for the administration of this 
        section.</DELETED>
<DELETED>    ``(g) Responsibility of Agencies.--</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(2) Ensuring completeness, accuracy, and 
        reliability.--With respect to any submission of information 
        described in paragraph (1), the head of an agency shall 
        include--</DELETED>
                <DELETED>    ``(A) an explanation of how the agency 
                ensured the information is complete, accurate, and 
                reliable; and</DELETED>
                <DELETED>    ``(B) a certification that the information 
                is complete, accurate, and reliable.</DELETED>
<DELETED>    ``(h) Information Verification.--</DELETED>
        <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>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Authority of director.--In carrying out 
        paragraph (1), the Director may--</DELETED>
                <DELETED>    ``(A) request additional information from 
                an agency; and</DELETED>
                <DELETED>    ``(B) use any additional information 
                provided to the Director or the White House Office of 
                Presidential Personnel for the purposes of 
                verification.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(i) Data Archiving.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Public availability.--The Director shall 
        make the data described in paragraph (1) publicly available 
        over the internet--</DELETED>
                <DELETED>    ``(A) on, or through a link on, the 
                covered website;</DELETED>
                <DELETED>    ``(B) at no cost; and</DELETED>
                <DELETED>    ``(C) in a searchable, sortable, 
                downloadable, and machine-readable format.</DELETED>
<DELETED>    ``(j) Reports.--</DELETED>
        <DELETED>    ``(1) In general.--Not later than 1 year after the 
        covered website is established, and every year thereafter, the 
        Director, in coordination with the White House Office of 
        Presidential Personnel, shall publish a report on the covered 
        website that--</DELETED>
                <DELETED>    ``(A) contains summary-level information 
                on the demographics of each appointee; and</DELETED>
                <DELETED>    ``(B) provide the information in a 
                structured data format that--</DELETED>
                        <DELETED>    ``(i) is searchable, sortable, and 
                        downloadable;</DELETED>
                        <DELETED>    ``(ii) makes use of common 
                        identifiers wherever possible; and</DELETED>
                        <DELETED>    ``(iii) contains current and 
                        historical data regarding the 
                        information.</DELETED>
        <DELETED>    ``(2) Contents.--</DELETED>
                <DELETED>    ``(A) In general.--Each report published 
                under paragraph (1) shall--</DELETED>
                        <DELETED>    ``(i) include self-identified data 
                        with respect to each type of appointee on race, 
                        ethnicity, Tribal affiliation, gender, 
                        disability, sexual orientation, veteran status, 
                        and whether the appointee is over the age of 
                        40; and</DELETED>
                        <DELETED>    ``(ii) allow for users of the 
                        covered website to view the type of appointee 
                        by agency or component, along with the data 
                        described in clause (i), alone and in 
                        combination, to the greatest level detail 
                        possible without allowing the identification of 
                        individual appointees.</DELETED>
                <DELETED>    ``(B) Option to not specify.--When each 
                category of data described in subparagraph (A)(i) is 
                collected, each appointee shall be allowed an option to 
                not specify with respect to any such 
                category.</DELETED>
                <DELETED>    ``(C) Consultation.--The Director shall 
                consult with the Committee on Homeland Security and 
                Governmental Affairs of the Senate and the Committee on 
                Oversight and Reform of the House of Representatives 
                regarding reports published under this subsection and 
                the information in the reports to determine whether the 
                intent of this section is being fulfilled and if 
                additional information or other changes are needed for 
                the reports.</DELETED>
        <DELETED>    ``(3) Exclusion of career positions.--For purposes 
        of applying the term `appointee' in this subsection, that term 
        does not include any individual appointed to a position 
        described in subsection (a)(5)(F).''.</DELETED>
        <DELETED>    (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:</DELETED>

<DELETED>``3330f. Government policy and supporting position data.''.
<DELETED>    (b) Other Matters.--</DELETED>
        <DELETED>    (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 (a).</DELETED>
        <DELETED>    (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 Act and the amendments made by this Act, 
        which shall include--</DELETED>
                <DELETED>    (A) the quality of data required to be 
                collected and whether the data is complete, accurate, 
                timely, and reliable;</DELETED>
                <DELETED>    (B) any challenges experienced by agencies 
                in implementing this Act and the amendments made by 
                this Act; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (3) Sunset of plum book.--Beginning on January 1, 
        2024--</DELETED>
                <DELETED>    (A) the covered website shall serve as the 
                public directory for policy and supporting positions in 
                the Government; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (4) Funding.--</DELETED>
                <DELETED>    (A) In general.--No additional amounts are 
                authorized to be appropriated to carry out this Act or 
                the amendments made by this Act.</DELETED>
                <DELETED>    (B) Other funding.--The Director shall 
                carry out this Act and the amendments made by this Act 
                using amounts otherwise available to the 
                Director.</DELETED>

SECTION 1. SHORT TITLE.

     This Act may be cited 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.

    (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, 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 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 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.
                    ``(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.''.
    (b) 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 (a).
            (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 Act and the amendments made by this Act, 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 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, 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 Act or 
                the amendments made by this Act.
                    (B) Other funding.--The Director shall carry out 
                this Act and the amendments made by this Act using 
                amounts otherwise available to the Director.
                                                       Calendar No. 574

117th CONGRESS

  2d Session

                                S. 3650

                          [Report No. 117-218]

_______________________________________________________________________

                                 A BILL

   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.

_______________________________________________________________________

                            December 5, 2022

                       Reported with an amendment
```