107 S4828 IS: Governmentwide Executive Councils Administration and Performance Improvement Act U.S. Senate 2022-09-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS2d SessionS. 4828IN THE SENATE OF THE UNITED STATESSeptember 13, 2022Mr. Peters (for himself and Mr. Braun) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsA BILLTo provide consistent leadership, purpose, and administrative support for the primary governmentwide executive councils, and for other purposes.

1.

Short title

This Act may be cited as the Governmentwide Executive Councils Administration and Performance Improvement Act.

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.

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.

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.

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..

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.

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).