[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4828 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4828

 To provide consistent leadership, purpose, and administrative support 
   for the primary governmentwide executive councils, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 13, 2022

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

_______________________________________________________________________

                                 A BILL


 
 To provide consistent leadership, purpose, and administrative support 
   for the primary governmentwide executive councils, 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 ``Governmentwide Executive Councils 
Administration and Performance Improvement Act''.

SEC. 2. DEFINITIONS.

     In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of General Services.
            (2) Associate administrator.--The term ``Associate 
        Administrator'' means the head of the Office of Executive 
        Councils established pursuant to section 4.
            (3) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.
            (4) Governmentwide executive council.--The term 
        ``governmentwide executive council'' means--
                    (A) the Chief Acquisition Officers Council, 
                established pursuant to Section 1311 of title 41, 
                United States Code;
                    (B) the Chief Data Officer Council, established 
                pursuant to Section 3520A of title 44, United States 
                Code;
                    (C) the Chief Financial Officers Council, 
                established pursuant to Section 302 of the Chief 
                Financial Officers Act of 1990 (31 U.S.C. 901 note; 
                Public Law 101-576);
                    (D) the Chief Human Capital Officers Council, 
                established pursuant to Section 1303 of the Homeland 
                Security Act of 2002 (5 U.S.C. 1401 note; Public Law 
                107-296);
                    (E) the Chief Information Officers Council, 
                established pursuant to Section 3603 of title 44, 
                United States Code;
                    (F) the Performance Improvement Council, 
                established pursuant to Section 1124(b) of title 31, 
                United States Code; and
                    (G) any other council designated as a 
                governmentwide executive council, pursuant to the 
                requirements of section 6 of this Act.

SEC. 3. RESPONSIBILITIES OF GOVERNMENTWIDE EXECUTIVE COUNCILS.

    (a) In General.--In addition to any authority provided to a 
governmentwide executive council elsewhere in law, each governmentwide 
executive council shall--
            (1) maintain a publicly accessible website that includes 
        information relating to the mission, purpose, priorities, and 
        membership of the governmentwide executive council;
            (2) develop and publish on the website described in 
        paragraph (1) a charter outlining the roles of members, 
        responsibilities, procedures, and other relevant information 
        concerning the governmentwide executive council;
            (3) provide legislative, policy, project funding, or shared 
        services recommendations to the Director and the Administrator 
        related to the specific area of expertise of the governmentwide 
        executive council; and
            (4) serve as a primary advisory body to the Director on the 
        development and execution of--
                    (A) the Federal Government performance plan under 
                section 1115(a) of title 31, United States Code; and
                    (B) the Federal Government priority goals under 
                section 1120(a) of title 31, United States Code.
    (b) Strategic Plan.--
            (1) In general.--Not more than 90 days after the date of 
        enactment of this Act, each governmentwide executive council, 
        after receiving input and recommendations from all members, 
        shall publish a strategic plan for the governmentwide executive 
        council that identifies the goals, priorities, and expectations 
        of the governmentwide executive council.
            (2) Updates.--The leadership of each governmentwide 
        executive council shall update and affirm the strategic plan 
        required under paragraph (1) not less frequently than once 
        every 2 years.
            (3) Submission to congress.--Each governmentwide executive 
        council shall promptly submit the strategic plan published 
        under paragraph (1), or updated under paragraph (2), to the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate and the Committee on Oversight and Reform of the House 
        of Representatives.

SEC. 4. HARMONIZING ADMINISTRATIVE SUPPORT FOR GOVERNMENTWIDE EXECUTIVE 
              COUNCILS.

    (a) Office of Executive Councils.--There is established in the 
General Services Administration the Office of Executive Councils.
    (b) Duties.--The Office of Executive Councils shall--
            (1) in consultation with the Director, provide 
        administrative, project management, and other support to the 
        governmentwide executive councils;
            (2) detail employees to 1 or more governmentwide executive 
        council, as needed, to support the operations and functions of 
        each governmentwide executive council;
            (3) collect and transfer funds to support the priorities of 
        the governmentwide executive councils, as provided in 
        appropriations acts; and
            (4) subject to approval of the leadership of a 
        governmentwide executive council, submit any reports, provide 
        any information, or respond to any requests required by 
        Congress.
    (c) Functional Independence.--The Office of Executive Councils 
shall by headed by an Associate Administrator who shall--
            (1) be appointed by the President;
            (2) report to the Director;
            (3) carry out additional duties and functions the Director, 
        in consultation with the Administrator, requests; and
            (4) represent the collective viewpoints and priorities of 
        the governmentwide executive councils and their membership.
    (d) Prohibition.--The Office of Executive Councils may not provide 
any administrative or project management services to an entity unless 
the entity is designated by the Director and affirmed by Congress 
pursuant to section 6.

SEC. 5. HARMONIZING GOVERNMENTWIDE EXECUTIVE COUNCIL LEADERSHIP ROLES.

    (a) Title 41.--Section 1311 of title 41, United States Code, is 
amended--
            (1) in subsection (b)--
                    (A) by striking paragraph (1); and
                    (B) by redesignating paragraphs (2) through (5) as 
                paragraphs (1) through (4); and
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``Deputy Director 
                for Management of the Office of Management and Budget'' 
                and inserting ``Administrator'';
                    (B) by striking paragraph (3); and
                    (C) by redesignating paragraph (4) as paragraph 
                (3).
    (b) Title 44.--Title 44, United States Code, is amended--
            (1) in section 3520A--
                    (A) in subsection (a), by striking ``Office of 
                Management and Budget'' and inserting ``executive 
                branch'';
                    (B) in subsection (c) by striking paragraphs (2) 
                and (3) and inserting the following:
            ``(2) Chair.--The Chair of the Council shall be the 
        Administrator of the Office of Electronic Government.
            ``(3) Vice chair.--The Council shall select from among its 
        members a Vice Chair of the Council.'';
                    (C) by redesignating subsections (d) and (e) as 
                subsections (e) and (f); and
                    (D) by inserting before subsection (e), as so 
                redesignated, the following:
    ``(d) Support.--The Administrator of General Services shall provide 
administrative and other support for the Council.''; and
            (2) in section 3603--
                    (A) in subsection (b)--
                            (i) by striking paragraphs (1) and (3);
                            (ii) by redesignating paragraphs (2) and 
                        (4) through (7) as paragraphs (1) through (5), 
                        respectively; and
                            (iii) in paragraph (1), as so redesignated, 
                        by inserting before the period ``, who shall 
                        serve as Chair of the Council''; and
                    (B) in subsection (c)(1), by striking ``on behalf 
                of the Deputy Director for Management''.
    (c) Chief Financial Officers Act of 1990.--Section 302 of the Chief 
Financial Officers Act of 1990 (31 U.S.C. 901 note) is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (1);
                    (B) by redesignating paragraphs (2), (3), and (4) 
                as paragraphs (1), (2), and (3), respectively;
                    (C) in paragraph (1), as so redesignated, by 
                inserting ``, who shall serve as chair of the council'' 
                after ``Management and Budget''; and
                    (D) in paragraph (2), as so redesignated, by 
                inserting ``, who shall serve as vice chair of the 
                council'' after ``Secretary of Treasury''; and
            (2) by adding at the end the following:
    ``(c) Support.--The Administrator of General Services shall provide 
administrative and other support for the council.''.
    (d) Homeland Security Act of 2002.--Section 1303 of the Homeland 
Security Act of 2002 (5 U.S.C. 1401 note) is amended by adding at the 
end the following:
    ``(e) Support.--The Administrator of General Services shall provide 
administrative and other support for the Council.''.
    (e) Title 31.--Section 1124(b) of title 31, United States Code, is 
amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Establishment.--There is established in the executive 
        branch a Performance Improvement Council.'';
            (2) by redesignating paragraphs (2) and (3) as paragraphs 
        (4) and (5); and
            (3) by inserting after paragraph (1) the following:
            ``(2) Membership.--The Performance Improvement Council 
        shall consist of--
                    ``(A) a designee of the Director of the Office of 
                Management and Budget;
                    ``(B) the Performance Improvement Officer from each 
                agency defined in section 901(b) of this title;
                    ``(C) other Performance Improvement Officers as 
                determined appropriate by the chairperson; and
                    ``(D) other individuals as determined appropriate 
                by the chairperson.''.
            ``(3) Chairperson and vice chairperson.--
                    ``(A) Chairperson.--The chairperson of the 
                Performance Improvement Council shall be a designee of 
                the Deputy Director of Management of the Office of 
                Management and Budget.
                    ``(B) Vice chairperson.--The Performance 
                Improvement Council shall select from among its members 
                a Performance Improvement Officer to serve as vice 
                chairperson.''.

SEC. 6. AUTHORITIES OF THE DIRECTOR.

    (a) Designation.--Subject to the requirements in subsection (b), 
the Director may designate 1 or more other councils to be a 
governmentwide executive council.
    (b) Submission to Congress; Review.--
            (1) Justification for designation.--If the Director makes 
        the determination to designate 1 or more councils to be a 
        governmentwide executive council, the Director shall--
                    (A) provide a justification for the designation to 
                the Committees on Homeland Security and Governmental 
                Affairs and Appropriations of the Senate and the 
                Committees on Oversight and Reform and Appropriations 
                of the House of Representatives; and
                    (B) include in the justification required under 
                subparagraph (A)--
                            (i) the name of the council;
                            (ii) the names of the chair and vice chair 
                        of the council;
                            (iii) the agencies that will be members of 
                        the council;
                            (iv) the expected goals, functions, and 
                        priorities of the council;
                            (v) the expected annual costs to support 
                        the functions of the council; and
                            (vi) any other information the Director 
                        determines to be necessary regarding the 
                        designation of the council to be a 
                        governmentwide executive council.
            (2) Approval.--Any designation by the Director shall be 
        deemed approved unless, not later than 30 days after the date 
        on which each chair and ranking member of the committees 
        described under paragraph (1)(A) receive the justification, the 
        chair and ranking member of 1 or more of the Committees 
        provided the justification under paragraph (1)(A) jointly 
        notify the Director of their disapproval for the designation.
    (c) Requirements.--If the designation of a new governmentwide 
executive council is approved pursuant to subsections (a) and (b), that 
governmentwide executive council shall be subject to the requirements 
under section 3.

SEC. 7. TECHNICAL AMENDMENTS.

    (a) Title 31.--Section 503 of title 31, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (12); and
                    (B) by redesignating paragraphs (13) and (14) as 
                paragraphs (12) and (13); and
            (2) in subsection (b)--
                    (A) by striking paragraph (5); and
                    (B) by redesignating paragraphs (6) through (10) as 
                paragraphs (5) through (9).
    (b) Title 44.--Section 3602(f) of title 44, United States Code, is 
amended--
            (1) by striking paragraph (7); and
            (2) by redesignating paragraphs (8) through (17) as 
        paragraphs (7) through (16).
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