[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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