S. 4828 — Reported in Senate

II Calendar No. 563 117th CONGRESS 2d Session S. 4828 [Report No. 117–211] IN THE SENATE OF THE UNITED STATES September 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 Affairs November 17, 2022Reported by Mr. Peters, with an amendmentStrike out all after the enacting clause and insert the part printed in italic A BILL To 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 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) carry out additional duties and functions the Director and Administrator jointly request; and (3) 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 approved by Congress. 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. Annual report; Process for inclusion of additional governmentwide executive councils (a) Annual report Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Associate Administrator shall submit 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 a report on the activities of the Office of Executive Councils. (b) Contents The reports required under subsection (a) shall include— (1) a description of the activities of the Office of Executive Councils during the year period ending on the date on which the report is submitted, including detailed summaries of the projects and services provided by the Office of Executive Councils, organized by governmentwide executive council; (2) a detailed accounting of— (A) the costs associated with the activities of the Office of Executive Councils, organized by governmentwide executive council; and (B) any administrative costs associated with the operations of the Office of Executive Councils; (3) a detailed accounting of all projects, services, or other programs approved by and executed on behalf of each governmentwide executive council, including any outcomes or highlights of such projects, services, or other programs; and (4) any recommendations for the designation of other councils or entities as governmentwide executive councils. (c) Designation (1) Request Not earlier than the date that is 30 days after the submission of each report required under subsection (a), and only if such report includes a recommendation for the designation of 1 or more councils or entities as governmentwide executive councils, the Director may submit 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 a request for those recommended councils or entities to be designated as governmentwide executive councils. (2) Contents A request under paragraph (1) shall include— (A) the name of the council; (B) the names of the chair and vice chair of the council; (C) the agencies that will be members of the council; (D) the expected goals, functions, and priorities of the council; (E) the expected annual costs to support the functions of the council; and (F) any other information the Director determines to be necessary regarding the designation of the council to be a governmentwide executive council. (d) Requirements Any new governmentwide executive council designated after the date of enactment of this Act 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). 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 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 and project management 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) 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) carry out additional duties and functions the Director and Administrator jointly request; and (3) 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 a governmentwide executive council unless the council is authorized by Congress. (e) Sunset The Office of Executive Councils shall terminate on the date that is 6 years after the date of enactment of this Act. 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 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 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 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, who shall have experience in the areas of strategic and performance planning, measurement, and analysis, including the use of performance information to improve the results of an agency; and (B) the Performance Improvement Officer from each agency defined in section 901(b) of this title. . (3) Chairperson and vice chairperson (A) Chairperson The chairperson of the Performance Improvement Council shall be the designee of the Director of Management of the Office of Management and Budget, as described in paragraph (2)(A). (B) Vice chairperson The Performance Improvement Council shall select from among its members a Performance Improvement Officer to serve as vice chairperson. . 6. Annual report; Process for inclusion of additional governmentwide executive councils (a) Annual report Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Associate Administrator shall submit 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 a report on the activities of the Office of Executive Councils. (b) Contents The reports required under subsection (a) shall include— (1) a description of the activities of the Office of Executive Councils during the year period ending on the date on which the report is submitted, including detailed summaries of the projects and services provided by the Office of Executive Councils, organized by governmentwide executive council; (2) a detailed accounting of— (A) the costs associated with the activities of the Office of Executive Councils, organized by governmentwide executive council; and (B) any administrative costs associated with the operations of the Office of Executive Councils; (3) a detailed accounting of all projects, services, or other programs approved by and executed on behalf of each governmentwide executive council, including any outcomes or highlights of such projects, services, or other programs; and (4) any recommendations for the designation of other councils or entities as governmentwide executive councils. (c) Designation (1) Request Not earlier than the date that is 30 days after the submission of each report required under subsection (a), and only if such report includes a recommendation for the designation of 1 or more councils or entities as governmentwide executive councils, the Director may submit 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 a request for those recommended councils or entities to be designated as governmentwide executive councils. (2) Contents A request under paragraph (1) shall include— (A) the name of the council; (B) the names of the chair and vice chair of the council; (C) the agencies that will be members of the council; (D) the expected goals, functions, and priorities of the council; (E) the expected annual costs to support the functions of the council; and (F) any other information the Director determines to be necessary regarding the designation of the council to be a governmentwide executive council. (d) Requirements Any new governmentwide executive council designated after the date of enactment of this Act 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). November 17, 2022Reported with an amendment