Bill Summary
The PLUM Act (Periodically Listing Updates to Management Act) is a bill that has been introduced in the United States Congress to amend title 5 of the United States Code. It requires the Director of the Office of Personnel Management to create and maintain a public directory of individuals who hold government policy and supporting positions. This information will be available on a public website, which will be updated monthly and will replace the current publication known as the Plum Book. The Director of the Office of Personnel Management will be responsible for maintaining the website and verifying the accuracy of the information. The Comptroller General will also review the implementation of the website and provide suggestions for improvement.
Possible Impacts
1. Individuals seeking information on government policy and supporting positions will now have access to a user-friendly and regularly updated public website, providing them with a comprehensive and accurate understanding of the positions and their occupants.
2. The Director of the Office of Personnel Management and other federal agencies will be responsible for ensuring the accuracy and reliability of the information on the website, providing the public with a transparent view of the federal government and its appointees.
3. The Comptroller General will review the implementation of the website and make suggestions for improvement, ensuring that the website remains a valuable resource for the public.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2043 Reported in House (RH)]
<DOC>
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
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Periodically Listing Updates to
Management Act'' or the ``PLUM Act''.
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 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, including
the White House Office of Presidential
Personnel.
``(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,
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, 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) 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 any Government-wide or agency-wide
limitation on the total number of positions in the Senior
Executive Service under section 3133 or 3132, and for the total
number of positions in Schedule C of subpart C of part 213 of
title 5, Code of Federal Regulations, and 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 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;
``(10) whether the position is vacant, and in the case of a
vacancy, for positions 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, 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
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 pursuant to paragraph (4).
``(2) Requirements for agencies.--Not later than 1 year
after the date of enactment of the PLUM Act, 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.--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.
``(7) Data standards and timing.--The Director shall make
available on the covered website information regarding on 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 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
(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 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.
``(h) 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 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.
``(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.
``(j) Reports.--
``(1) In general.--Not less frequently than one year after
the covered website is established and not less than annually
thereafter, the Director, in coordination with the White House
Office of Presidential Personnel, shall publish a report on the
covered website that contains summary level information on the
demographics of any appointee. Such report shall provide such
information in a structured data format that is searchable,
sortable, and downloadable, makes use of common identifiers
wherever possible, and contains current and historical data
regarding such information.
``(2) Contents.--
``(A) In general.--Each report published under
paragraph (1) shall include self-identified data on
race, ethnicity, tribal affiliation, gender,
disability, sexual orientation, veteran status, and
whether the appointee is over the age of 40 with
respect to each type of appointee. Such a report shall
allow for users of the covered website to view the type
of appointee by agency or component, along with these
self-identified data, alone and in combination, to the
greatest level detail possible without allowing the
identification of individual appointees.
``(B) Option to not specify.--When collecting each
category of data described in subparagraph (A), each
appointee shall be allowed an option to not specify
with respect to any such category.
``(C) Consultation.--The Director shall consult
with the Committee on Oversight and Reform of the House
of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate
regarding reports published under this subsection and
the information in such reports to determine whether
the intent of this section is being fulfilled and if
additional information or other changes are needed for
such reports.
``(3) Exclusion of career positions.--For purposes of
applying the term `appointee' in this subsection, such term
does not include any individual appointed to a position
described in subsection (a)(5)(F).''.
(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 $7,000,000, to remain available until
expended, for--
(A) developing the website under section 3330f(b)
of title 5, United States Code, as added by subsection
(a)(1); and
(B) updating any data system operated by, or under
the authority of, the Office of Personnel Management
that will be used to carry out such section.
(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.
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 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 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