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5 U.S. Code § 3330f - Government policy and supporting position data

U.S. Code
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(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 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) 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).

(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.

(Added Pub. L. 117–263, div. E, title LIII, § 5322(a)(1), Dec. 23, 2022, 136 Stat. 3255.)

Editorial Notes

References in Text

Section 2(b)(3) of the PLUM Act of 2022, referred to in subsec. (a)(5)(A), probably means section 5322(b)(3) of Pub. L. 117–263, which is set out in a note under this section. The PLUM Act of 2022 is subtitle B of title LIII of div. E of Pub. L. 117–263, the second section of which is section 5322.

The date of enactment of the PLUM Act of 2022, referred to in subsecs. (b) and (f)(2), is the date of enactment of subtitle B of title LIII of div. E of Pub. L. 117–263, which was approved Dec. 23, 2022.

The General Schedule, referred to in subsec. (a)(5)(B)(v), is set out under section 5332 of this title.

Statutory Notes and Related Subsidiaries

Other Matters Relating to Public Website

Pub. L. 117–263, div. E, title LIII, § 5322(b), Dec. 23, 2022, 136 Stat. 3259, provided that:

“(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 subtitle [subtitle B (§§ 5321, 5322) of title LIII of div. E of Pub. L. 117–263, enacting this section and provisions set out as a note under section 101 of this title] and the amendments made by this subtitle, 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 subtitle and the amendments made by this subtitle; and

“(C)

any suggestions or modifications to enhance compliance with this subtitle and the amendments made by this subtitle, 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 subtitle or the amendments made by this subtitle.

“(B) Other funding.—

The Director shall carry out this subtitle and the amendments made by this subtitle using amounts otherwise available to the Director.”