II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Governmentwide Exec5 utive Councils Administration and Performance Improve6 ment Act’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of General Serv3 ices. 

4 (2) ASSOCIATE ADMINISTRATOR.—The term 

5 ‘‘Associate Administrator’’ means the head of the 

6 Office of Executive Councils established pursuant to 

7 section 4. 

8 (3) DIRECTOR.—The term ‘‘Director’’ means 

9 the Director of the Office of Management and Budg10 et. 

11 (4) GOVERNMENTWIDE EXECUTIVE COUNCIL.— 

12 The term ‘‘governmentwide executive council’’ 

13 means— 

14 (A) the Chief Acquisition Officers Council, 

15 established pursuant to Section 1311 of title 

16 41, United States Code; 

17 (B) the Chief Data Officer Council, estab18 lished pursuant to Section 3520A of title 44, 

19 United States Code; 

20 (C) the Chief Financial Officers Council, 

21 established pursuant to Section 302 of the 

22 Chief Financial Officers Act of 1990 (31 U.S.C. 

23 901 note; Public Law 101–576); 

24 (D) the Chief Human Capital Officers 

25 Council, established pursuant to Section 1303 


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1 of the Homeland Security Act of 2002 (5 

2 U.S.C. 1401 note; Public Law 107–296); 

3 (E) the Chief Information Officers Council, 

4 established pursuant to Section 3603 of title 

5 44, United States Code; 

6 (F) the Performance Improvement Council, 

7 established pursuant to Section 1124(b) of title 

8 31, United States Code; and 

9 (G) any other council designated as a gov10 ernmentwide executive council, pursuant to the 

11 requirements of section 6 of this Act. 

12 SEC. 3. RESPONSIBILITIES OF GOVERNMENTWIDE EXECU13 TIVE COUNCILS. 

14 (a) IN GENERAL.—In addition to any authority pro15 vided to a governmentwide executive council elsewhere in 

16 law, each governmentwide executive council shall— 

17 (1) maintain a publicly accessible website that 

18 includes information relating to the mission, pur19 pose, priorities, and membership of the government20 wide executive council; 

21 (2) develop and publish on the website de22 scribed in paragraph (1) a charter outlining the 

23 roles of members, responsibilities, procedures, and 

24 other relevant information concerning the govern25 mentwide executive council; 


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1 (3) provide legislative, policy, project funding, 

2 or shared services recommendations to the Director 

3 and the Administrator related to the specific area of 

4 expertise of the governmentwide executive council; 

5 and 

6 (4) serve as a primary advisory body to the Di7 rector on the development and execution of— 

8 (A) the Federal Government performance 

9 plan under section 1115(a) of title 31, United 

10 States Code; and 

11 (B) the Federal Government priority goals 

12 under section 1120(a) of title 31, United States 

13 Code. 

14 (b) STRATEGIC PLAN.— 

15 (1) IN GENERAL.—Not more than 90 days after 

16 the date of enactment of this Act, each government17 wide executive council, after receiving input and rec18 ommendations from all members, shall publish a 

19 strategic plan for the governmentwide executive 

20 council that identifies the goals, priorities, and ex21 pectations of the governmentwide executive council. 

22 (2) UPDATES.—The leadership of each govern23 mentwide executive council shall update and affirm 

24 the strategic plan required under paragraph (1) not 

25 less frequently than once every 2 years. 


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1 (3) SUBMISSION TO CONGRESS.—Each govern2 mentwide executive council shall promptly submit 

3 the strategic plan published under paragraph (1), or 

4 updated under paragraph (2), to the Committee on 

5 Homeland Security and Governmental Affairs of the 

6 Senate and the Committee on Oversight and Reform 

7 of the House of Representatives. 

8 SEC. 4. HARMONIZING ADMINISTRATIVE SUPPORT FOR 

9 GOVERNMENTWIDE EXECUTIVE COUNCILS. 

10 (a) OFFICE OF EXECUTIVE COUNCILS.—There is es11 tablished in the General Services Administration the Of12 fice of Executive Councils. 

13 (b) DUTIES.—The Office of Executive Councils 

14 shall— 

15 (1) in consultation with the Director, provide 

16 administrative, project management, and other sup17 port to the governmentwide executive councils; 

18 (2) detail employees to 1 or more government19 wide executive council, as needed, to support the op20 erations and functions of each governmentwide exec21 utive council; 

22 (3) collect and transfer funds to support the 

23 priorities of the governmentwide executive councils, 

24 as provided in appropriations acts; and 


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1 (4) subject to approval of the leadership of a 

2 governmentwide executive council, submit any re3 ports, provide any information, or respond to any re4 quests required by Congress. 

5 (c) FUNCTIONAL INDEPENDENCE.—The Office of 

6 Executive Councils shall by headed by an Associate Ad7 ministrator who shall— 

8 (1) be appointed by the President; 

9 (2) report to the Director; 

10 (3) carry out additional duties and functions 

11 the Director, in consultation with the Administrator, 

12 requests; and 

13 (4) represent the collective viewpoints and pri14 orities of the governmentwide executive councils and 

15 their membership. 

16 (d) PROHIBITION.—The Office of Executive Councils 

17 may not provide any administrative or project manage18 ment services to an entity unless the entity is designated 

19 by the Director and affirmed by Congress pursuant to sec20 tion 6. 

21 SEC. 5. HARMONIZING GOVERNMENTWIDE EXECUTIVE 

22 COUNCIL LEADERSHIP ROLES. 

23 (a) TITLE 41.—Section 1311 of title 41, United 

24 States Code, is amended— 

25 (1) in subsection (b)— 


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1 (A) by striking paragraph (1); and 

2 (B) by redesignating paragraphs (2) 

3 through (5) as paragraphs (1) through (4); and 

4 (2) in subsection (c)— 

5 (A) in paragraph (1), by striking ‘‘Deputy 

6 Director for Management of the Office of Man7 agement and Budget’’ and inserting ‘‘Adminis8 trator’’; 

9 (B) by striking paragraph (3); and 

10 (C) by redesignating paragraph (4) as 

11 paragraph (3). 

12 (b) TITLE 44.—Title 44, United States Code, is 

13 amended— 

14 (1) in section 3520A— 

15 (A) in subsection (a), by striking ‘‘Office 

16 of Management and Budget’’ and inserting ‘‘ex17 ecutive branch’’; 

18 (B) in subsection (c) by striking para19 graphs (2) and (3) and inserting the following: 

20 ‘‘(2) CHAIR.—The Chair of the Council shall be 

21 the Administrator of the Office of Electronic Gov22 ernment. 

23 ‘‘(3) VICE CHAIR.—The Council shall select 

24 from among its members a Vice Chair of the Coun25 cil.’’; 


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1 (C) by redesignating subsections (d) and 

2 (e) as subsections (e) and (f); and 

3 (D) by inserting before subsection (e), as 

4 so redesignated, the following: 

5 ‘‘(d) SUPPORT.—The Administrator of General Serv6 ices shall provide administrative and other support for the 

7 Council.’’; and 

8 (2) in section 3603— 

9 (A) in subsection (b)— 

10 (i) by striking paragraphs (1) and (3); 

11 (ii) by redesignating paragraphs (2) 

12 and (4) through (7) as paragraphs (1) 

13 through (5), respectively; and 

14 (iii) in paragraph (1), as so redesig15 nated, by inserting before the period ‘‘, 

16 who shall serve as Chair of the Council’’; 

17 and 

18 (B) in subsection (c)(1), by striking ‘‘on 

19 behalf of the Deputy Director for Manage20 ment’’. 

21 (c) CHIEF FINANCIAL OFFICERS ACT OF 1990.— 

22 Section 302 of the Chief Financial Officers Act of 1990 

23 (31 U.S.C. 901 note) is amended— 

24 (1) in subsection (a)— 

25 (A) by striking paragraph (1); 


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1 (B) by redesignating paragraphs (2), (3), 

2 and (4) as paragraphs (1), (2), and (3), respec3 tively; 

4 (C) in paragraph (1), as so redesignated, 

5 by inserting ‘‘, who shall serve as chair of the 

6 council’’ after ‘‘Management and Budget’’; and 

7 (D) in paragraph (2), as so redesignated, 

8 by inserting ‘‘, who shall serve as vice chair of 

9 the council’’ after ‘‘Secretary of Treasury’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(c) SUPPORT.—The Administrator of General Serv12 ices shall provide administrative and other support for the 

13 council.’’. 

14 (d) HOMELAND SECURITY ACT OF 2002.—Section 

15 1303 of the Homeland Security Act of 2002 (5 U.S.C. 

16 1401 note) is amended by adding at the end the following: 

17 ‘‘(e) SUPPORT.—The Administrator of General Serv18 ices shall provide administrative and other support for the 

19 Council.’’. 

20 (e) TITLE 31.—Section 1124(b) of title 31, United 

21 States Code, is amended— 

22 (1) by striking paragraph (1) and inserting the 

23 following: 


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1 ‘‘(1) ESTABLISHMENT.—There is established in 

2 the executive branch a Performance Improvement 

3 Council.’’; 

4 (2) by redesignating paragraphs (2) and (3) as 

5 paragraphs (4) and (5); and 

6 (3) by inserting after paragraph (1) the fol7 lowing: 

8 ‘‘(2) MEMBERSHIP.—The Performance Im9 provement Council shall consist of— 

10 ‘‘(A) a designee of the Director of the Of11 fice of Management and Budget; 

12 ‘‘(B) the Performance Improvement Offi13 cer from each agency defined in section 901(b) 

14 of this title; 

15 ‘‘(C) other Performance Improvement Offi16 cers as determined appropriate by the chair17 person; and 

18 ‘‘(D) other individuals as determined ap19 propriate by the chairperson.’’. 

20 ‘‘(3) CHAIRPERSON AND VICE CHAIRPERSON.— 

21 ‘‘(A) CHAIRPERSON.—The chairperson of 

22 the Performance Improvement Council shall be 

23 a designee of the Deputy Director of Manage24 ment of the Office of Management and Budget. 


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1 ‘‘(B) VICE CHAIRPERSON.—The Perform2 ance Improvement Council shall select from 

3 among its members a Performance Improve4 ment Officer to serve as vice chairperson.’’. 

5 SEC. 6. AUTHORITIES OF THE DIRECTOR. 

6 (a) DESIGNATION.—Subject to the requirements in 

7 subsection (b), the Director may designate 1 or more other 

8 councils to be a governmentwide executive council. 

9 (b) SUBMISSION TO CONGRESS; REVIEW.— 

10 (1) JUSTIFICATION FOR DESIGNATION.—If the 

11 Director makes the determination to designate 1 or 

12 more councils to be a governmentwide executive 

13 council, the Director shall— 

14 (A) provide a justification for the designa15 tion to the Committees on Homeland Security 

16 and Governmental Affairs and Appropriations 

17 of the Senate and the Committees on Oversight 

18 and Reform and Appropriations of the House of 

19 Representatives; and 

20 (B) include in the justification required 

21 under subparagraph (A)— 

22 (i) the name of the council; 

23 (ii) the names of the chair and vice 

24 chair of the council; 


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1 (iii) the agencies that will be members 

2 of the council; 

3 (iv) the expected goals, functions, and 

4 priorities of the council; 

5 (v) the expected annual costs to sup6 port the functions of the council; and 

7 (vi) any other information the Direc8 tor determines to be necessary regarding 

9 the designation of the council to be a gov10 ernmentwide executive council. 

11 (2) APPROVAL.—Any designation by the Direc12 tor shall be deemed approved unless, not later than 

13 30 days after the date on which each chair and 

14 ranking member of the committees described under 

15 paragraph (1)(A) receive the justification, the chair 

16 and ranking member of 1 or more of the Committees 

17 provided the justification under paragraph (1)(A) 

18 jointly notify the Director of their disapproval for 

19 the designation. 

20 (c) REQUIREMENTS.—If the designation of a new 

21 governmentwide executive council is approved pursuant to 

22 subsections (a) and (b), that governmentwide executive 

23 council shall be subject to the requirements under section 

24 3. 


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1 SEC. 7. TECHNICAL AMENDMENTS. 

2 (a) TITLE 31.—Section 503 of title 31, United States 

3 Code, is amended— 

4 (1) in subsection (a)— 

5 (A) by striking paragraph (12); and 

6 (B) by redesignating paragraphs (13) and 

7 (14) as paragraphs (12) and (13); and 

8 (2) in subsection (b)— 

9 (A) by striking paragraph (5); and 

10 (B) by redesignating paragraphs (6) 

11 through (10) as paragraphs (5) through (9). 

12 (b) TITLE 44.—Section 3602(f) of title 44, United 

13 States Code, is amended— 

14 (1) by striking paragraph (7); and 

15 (2) by redesignating paragraphs (8) through 

16 (17) as paragraphs (7) through (16). 

Æ 


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