,,ii ,calendar ,no4 #eig #aafth ,,congress #b;d ,session ,s4 #chif ,report ,no4 #aaf-cjb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #d1 #bjbj,mr4 ,carper 7for himself and ,mr4 ,merkley7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,november #cj1 #bjbj,reported by ,mr4 ,johnson1 with amendments,omit the part struck through and insert the part printed in italic ,a ,,bill ,to amend title #e1 ,united ,states ,code1 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 positions1 and for other purposes4 #a4 ,short title2 purposes 7a7 ,short title ,this ,act may be cited as the ,periodically ,listing ,updates to ,management ,act of #bjbj or the ,,plum ,act of #bjbj4 7b7 ,purposes ,the purposes of this ,act are to-- 7#a7 modernize the practice of publishing the ,plum ,book1 which has occurred nearly every #d years since #aieb1 and contains data on more than #i1jjj ,federal civil service leadership and support positions in the legislative and executive branches of the ,government that may be subject to noncompetitive appointment2 7#b7 enhance transparency by reporting who is serving in the ,government and making policy decisions2 and 7#c7 improve the frequency1 accuracy1 and accessibility of data on the individuals filling ,government policy and supporting positions4 #b4 ,establishment of public website on ,government policy and supporting positions 7a7 ,establishment 7#a7 ,in general ,subchapter ,i of chapter #cc of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #cccj;f4 ,government policy and supporting position data 7a7 ,definitions ,in this section3 7#a7 ,agency ,the term agency means-- 7,a7 any ,executive agency1 including the ,united ,states ,postal ,service and the ,postal ,regulatory ,commission2 7,b7 the ,architect of the ,capitol1 the ,government ,accountability ,office1 the ,government ,publishing ,office1 and the ,library of ,congress2 and 7,c7 the ,executive ,office of the ,president and any component within that ,office 7including any successor component71 including-- 7i7 the ,council of ,economic ,advisors2 7ii7 the ,council on ,environmental ,quality2 7iii7 the ,national ,security ,council2 7iv7 the ,office of the ,vice ,president2 7v7 the ,office of ,policy ,development2 7vi7 the ,office of ,administration2 7vii7 the ,office of ,management and ,budget2 7viii7 the ,office of the ,united ,states ,trade ,representative2 7ix7 the ,office of ,science and ,technology ,policy2 7x7 the ,office of ,national ,drug ,control ,policy2 and 7xi7 the ,white ,house ,office4 7#b7 ,appointee ,the term appointee-- 7,a7 means an individual serving in a policy and supporting position2 and 7,b7 includes an individual serving in a policy and supporting position temporarily in an acting capacity in accordance with-- 7i7 sections #ccde through #ccdi;d 7commonly referred to as the ,federal ,vacancies ,reform ,act of #aiih72 7ii7 any other statutory provision described in section #ccdg7;a77#a72 or 7iii7 a ,presidential appointment described in section #ccdg7;a77#b74 7#c7 ,covered website ,the term covered website means the website established and maintained by the ,director under subsection 7b74 7#d7 ,director ,the term ,director means the ,director of the ,office of ,personnel ,management4 7#e7 ,policy and supporting position ,the term policy and supporting position means-- 7,a7 a position that requires appointment by the ,president1 by and with the advice and consent of the ,senate2 7,b7 a position that requires or permits appointment by the ,president or ,vice ,president1 without the advice and consent of the ,senate2 7,c7 a position occupied by a limited term appointee1 limited emergency appointee1 or noncareer appointee in the ,senior ,executive ,service1 as defined under paragraphs 7#e71 7#f71 and 7#g71 respectively1 of section #cacb7;a72 7,d7 a position of a confidential or policy-determining character under schedule ,c of subpart ,c of part #bac of title #e1 ,code of ,federal ,regulations1 or any successor regulation2 7,e7 a position in the ,senior ,foreign ,service2 7,f7 any career position at an agency that1 but for this section and section #b7;b77#d7 of the ,,plum ,act of #bjbj1 would be included in the publication entitled ,united ,states ,government ,policy and ,supporting ,positions 7commonly referred to as the ,plum ,book72 and 7,g7 any other position classified at or above level ,,gs-#ad of the ,general ,schedule 7or equivalent7 that is excepted from the competitive service by law because of the confidential or policy-determining nature of the position duties4 7#e7 ,policy and supporting position ,the term policy and supporting position-- 7,a7 means any position at an agency1 as determined by the ,director1 that1 but for this section and section #b7;b77#d7 of the ,,plum ,act of #bjbj1 would be included in the publication entitled ,united ,states ,government ,policy and ,supporting ,positions 7commonly referred to as the ,plum ,book72 and 7,b7 may include-- 7i7 a position on any level of the ,executive ,schedule under subchapter ,,ii of chapter #ec1 or another position with an equivalent rate of pay2 7ii7 a general position 7as defined in section #cacb7;a77#i77 in the ,senior ,executive service2 7iii7 a position in the ,senior ,foreign ,service2 7iv7 a position of a confidential or policy-determining character under schedule ,c of subpart ,c of part #bac of title #e1 ,code of ,federal ,regulations1 or any successor regulation2 and 7v7 any other position classified at or above level ,,gs-#ad of the ,general ,schedule 7or equivalent7 that is excepted from the competitive service by law because of the confidential or policy-determining nature of the position duties4 7b7 ,establishment of website ,the ,director shall establish and maintain a public website containing the following information3 7#a7 ,each policy and supporting position in the ,federal ,government1 including any such position that is vacant4 7#b7 ,each individual who-- 7,a7 is serving in a position described in paragraph 7#a72 or 7,b7 previously served in a position described in paragraph 7#a7 under the ,president then in office4 7c7 ,contents ,with respect to any policy and supporting position listed on the covered website1 the ,director shall include-- 7#a7 the agency and agency component 7including the agency and bureau code used by the ,office of ,management and ,budget7 in which the position is located2 7#b7 the name of the position2 7#c7 the name of the individual occupying the position 7if any72 7#d7 the geographic location of the position1 including the city1 ,state or province1 and country2 7#e7 the pay system for the position2 7#f7 the level1 grade1 or rate of pay2 7#g7 the term or duration of the appointment 7if any72 7#h7 the expiration date1 in the case of a time-limited appointment2 7#i7 a unique identifier for each appointee to enable tracking the appointee across positions2 and 7#aj7 whether the position is vacant4 7d7 ,format ,the ,director shall make the data on the covered website available to the public at no cost over the internet in a searchable1 sortable1 downloadable1 and machine-readable format so that the data qualifies as an open ,government data asset1 as defined in section #cejb of title #dd4 7e7 ,authority of ,director 7#a7 ,information required ,each agency shall provide to the ,director any information that the ,director determines necessary to establish and maintain the covered website1 including the information uploaded under paragraph 7#d74 7#b7 ,requirements for agencies ,not later than #a year after the date of enactment of the ,,plum ,act of #bjbj1 the ,director shall issue instructions to agencies with specific requirements for the provision or uploading of information required under paragraph 7#a71 including-- 7,a7 specific data standards that an agency shall follow to ensure that the information is complete1 accurate1 and reliable2 7,b7 data quality assurance methods2 and 7,c7 the timeframe during which an agency shall provide or upload the information1 including the timeframe described under paragraph 7#d74 7#c7 ,public accountability ,the ,director shall identify on the covered website any agency that has failed to provide-- 7,a7 the information required by the ,director2 7,b7 complete1 accurate1 and reliable information2 or 7,c7 the information during the timeframe specified by the ,director4 7#d7 ,monthly,biennial updates 7,a7 ,in general ,not later than #ij days after the date on which the covered website is established1 and not less than once during each #cj-;day period#b-year period thereafter1 the head of each agency shall upload to the covered website updated information 7if any7 on-- 7i7 the policy and supporting positions in the agency2 7ii7 the appointees occupying those positions in the agency2 and 7iii7 the former appointees who served in policy and supporting positions in the agency under the ,president then in office4 7,b7 ,supplement not supplant ,information provided under subparagraph 7,a7 shall supplement1 not supplant1 data previously provided under that subparagraph4 7#e7 ,,opm help desk ,the ,director shall establish a central help desk1 to be operated by not more than #a full-time employee1 to assist any agency with implementing this section4 7#f7 ,coordination 7,a7 #ah;,f office ,the ,director shall consult with the #ah;,f office 7or any successor office7 within the ,general ,services ,administration for purposes of the development1 establishment1 operation1 and support of the covered website4 7,b7 ,designation of agencies ,the ,director-- 7i7 may designate #a or more agencies to participate in the development1 establishment1 operation1 and support of the covered website2 and 7ii7 with respect to any such designation1 may specify the scope of the responsibilities of the agency so designated4 7f7 ,responsibility of agencies 7#a7 ,provision of information ,each agency shall comply with the instructions and guidance issued by the ,director to carry out this section1 and1 upon request of the ,director1 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 7e77#b74 7#b7 ,ensuring completeness1 accuracy1 and reliability ,the head of an agency shall include with any submission of information described in paragraph 7#a7-- 7,a7 an explanation of how the agency ensured the information is complete1 accurate1 and reliable2 and 7,b7 a certification that the information is complete1 accurate1 and reliable4 7g7 ,information verification 7#a7 ,semiannual confirmation 7,a7 ,in general ,not less frequently than semiannually1 the ,director1 in coordination with the ,white ,house ,office of ,presidential ,personnel1 shall confirm that the information on the covered website is complete1 accurate1 reliable1 and up-to-date4 7#a7 ,confirmation 7,a7 ,in general ,on the date that is #ij days after the date on which the covered website is established1 the ,director1 in coordination with the ,white ,house ,office of ,presidential ,personnel1 shall confirm that the information on the covered website is complete1 accurate1 reliable1 and up-to-date4 7,b7 ,certification ,on the date on which the ,director makes a confirmation under subparagraph 7,a71 the ,director shall publish on the covered website a certification that the confirmation has been made4 7#b7 ,authority of director ,in carrying out paragraph 7#a71 the ,director may-- 7,a7 request additional information from an agency2 and 7,b7 use any additional information provided to the ,director or the ,white ,house ,office of ,presidential ,personnel for the purposes of verification4 7#c7 ,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 website4 7h7 ,data archiving 7#a7 ,in general ,as soon as practicable after a transitional inauguration day 7as defined in section #ccdi;a71 the ,director1 in consultation with the ,archivist of the ,united ,states1 shall archive the data that was compiled on the covered website for the preceding presidential administration4 7#b7 ,public availability ,the ,director shall make the data described in paragraph 7#a7 publicly available over the internet-- 7,a7 on1 or through a link on1 the covered website2 7,b7 at no cost2 and 7,c7 in a searchable1 sortable1 downloadable1 and machine-readable format4 4 7#b7 ,clerical amendment ,the table of sections for subchapter ,i of chapter #cc of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #cccj;f4 ,government policy and supporting position data4 4 7#c7 ,deadline ,not later than #a year after the date of enactment of this ,act1 the ,director of the ,office of ,personnel ,management shall establish the website required under section #cccj;f7b7 of title #e1 ,united ,states ,code1 as added by subsection 7a77#a74 7b7 ,other matters 7#a7 ,definitions ,in this subsection1 the terms agency1 covered website1 and policy and supporting position have the meanings given those terms in section #cccj;f of title #e1 ,united ,states ,code1 as added by subsection 7a77#a74 7#b7 ,authorization of appropriations ,there is authorized to be appropriated #aj1jjj1jjj1,there are authorized to be appropriated such sums as may be necessary1 to remain available until expended1 for developing the covered website under section #cccj;f7b7 of title #e1 ,united ,states ,code1 as added by subsection 7a77#a74 7#c7 ,,gao review and report 7,a7 ,in general ,not later than #a year after the date on which the covered website is established1 the ,comptroller ,general of the ,united ,states shall conduct a review of1 and issue a briefing or report on1 the implementation of this ,act and the amendments made by this ,act4 7,b7 ,contents ,the review conducted under subparagraph 7,a7 shall include-- 7i7 the quality of data collected and whether the data is complete1 accurate1 timely1 and reliable2 7ii7 any challenges experienced by agencies in implementing this ,act and the amendments made by this ,act2 and 7iii7 any suggestions or modifications to enhance compliance with this ,act and the amendments made by this ,act1 including best practices for agencies to follow4 7#d7 ,sunset of ,plum ,book ,beginning on ,january #a1 #bjbd-- 7,a7 the covered website shall serve as the public directory for policy and supporting positions in the ,government2 and 7,b7 the publication entitled ,united ,states ,government ,policy and ,supporting ,positions1 commonly referred to as the ,plum ,book1 shall no longer be issued or published4 ,november #cj1 #bjbj,reported with amendments